Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

49 Pa. Code § 18.18. Disciplinary and corrective measures.

§ 18.18. Disciplinary and corrective measures.

 (a)  The Board may impose any of the disciplinary sanctions authorized under section 42 of the act (63 P.S. §  422.42) or 63 Pa.C.S. §  3108(b) (relating to civil penalties) for any of the following:

   (1)  Failing to comply with the duties and requirements in §  18.15 (relating to practice responsibilities of acupuncturist and practitioner of Oriental medicine who is not a physician; practice responsibilities of an acupuncturist who is licensed as a medical doctor).

   (2)  Practicing or holding out as being able to practice acupuncture without a current and valid license to practice acupuncture.

   (3)  Practicing or holding out as being able to practice East Asian herbology without a current and valid license as a practitioner of Oriental medicine.

   (4)  Practicing acupuncture or East Asian herbology without current professional liability insurance coverage as required under section 3.2 of the Acupuncture Licensure Act (63 P.S. §  1803.2) and §  18.20 (relating to professional liability insurance coverage for acupuncturists and practitioners of Oriental medicine).

   (5)  Engaging in conduct prohibited under section 41 of the act (63 P.S. §  422.41) for Board-regulated practitioners.

   (6)  Failure to notify the Board within 30 days of licensee’s failure to be covered by insurance under as required under section 3.2 of the Acupuncture Licensure Act and §  18.20.

 (b)  The Board will order the emergency suspension of the license of an acupuncturist or practitioner of Oriental medicine who presents an immediate and clear danger to the public health and safety, as required under section 40 of the act (63 P.S. §  422.40).

 (c)  The license of an acupuncturist or practitioner of Oriental medicine shall automatically be suspended, as required under section 40 of the act.

Authority

   The provisions of this §  18.18 amended under section 3 of the Acupuncture Licensure Act (63 P.S. §  1803); and section 8 of the Medical Practice Act of 1985 (63 P.S. §  422.8).

Source

   The provisions of this §  18.18 adopted January 2, 1987, effective immediately and applies retroactively to December 31, 1986, 17 Pa.B. 24; amended May 19, 1989, effective May 20, 1989, 19 Pa.B. 2161; amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 250; amended September 15, 2023, effective September 16, 2023, 53 Pa.B. 5759. Immediately preceding text appears at serial page (347377).

Cross References

   This section cited in 49 Pa. Code §  5.81 (relating to unprofessional and immoral conduct).



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