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COMMONWEALTH OF PENNSYLVANIA

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49 Pa. Code § 25.201. Grounds for complaint.

DISCIPLINARY ACTION AGAINST LICENSE OF
PHYSICIAN ASSISTANT


§ 25.201. Grounds for complaint.

 (a)  The basis upon which the Board may take disciplinary action against the license of a physician assistant are set forth in section 15(b) of the act (63 P. S. §  271.15(b)). A complaint against a physician assistant shall allege that the physician assistant is performing tasks in violation of statute, regulation or good and acceptable standards of practice of physician assistants. The grounds include those specifically enumerated in section 15(b) of the act. Unprofessional conduct shall include, but is not limited to, the following:

   (1)  Misrepresentation or concealment of a material fact in obtaining a license or a reinstatement thereof.

   (2)  Commission of an offense under a statute of the Commonwealth relating to the practice of physician assistants or under this chapter.

   (3)  The commission of an act involving moral turpitude, dishonesty or corruption when the act directly or indirectly affects the health, welfare or safety of citizens of the Commonwealth. If the act constitutes a crime, conviction thereof in a criminal proceeding will not be a condition precedent to disciplinary action.

   (4)  Conviction of a felony, defined as such under the statute of the Commonwealth or under the laws of another state, territory or country.

   (5)  Misconduct in his practice as a physician assistant or performing a task fraudulently, beyond its authorized scope, with incompetence or with negligence on a particular occasion or on repeated occasions.

   (6)  Performing tasks as a physician assistant while the ability to do so is impaired by alcohol, drugs, physical disability or mental instability.

   (7)  Impersonation of a licensed physician or another licensed physician assistant.

   (8)  The offering, undertaking or agreeing to cure or treat disease by a secret method, procedure, treatment or medicine; the treating or prescribing for a human condition by a method, means or procedure which the physician assistant refuses to divulge upon demand of the Board; or the use of methods or treatment which are not in accordance with treatment processes accepted by a reasonable segment of the medical profession.

   (9)  Violation of this chapter fixing a standard of professional conduct.

 (b)  Subsection (a) supplements 1 Pa. Code §  35.10 (relating to form and content of formal complaints).

Authority

   The provisions of this §  25.201 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); and sections 10(h) and 16 of the Osteopathic Medical Practice Act (63 P. S. § §  271.10(h) and 271.16); amended under sections 10(f) and (h), 10.1(c), 10.2(f) and 16 of the Osteopathic Medical Practice Act (63 P. S. § §  271.10(f) and (h), 271.10a(c), 271.10b(f) and 271.16).

Source

   The provisions of this §  25.201 adopted April 23, 1982, effective April 24, 1982, 12 Pa.B. 1332; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 589. Immediately preceding text appears at serial pages (308279) and (308280).



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