Section 11. Refusal or Suspension or Revocation of License or Certificate.--(a) Except as otherwise provided in this act, the board shall refuse to issue a license or certificate to an individual and, after notice and hearing in accordance with rules and regulations, may suspend or revoke the license or certificate of an individual who has:
(1) been found to have violated any of the provisions of section 9;
(2) attempted to or obtained licensure or certification by fraud or misrepresentation;
(2.1) attempted to engage in conduct that subverts or undermines the integrity of the examination or the examination process;
(3) committed repeated occasions of negligence or incompetence in the practice of physical therapy;
(4) been convicted of a felony or a crime of moral turpitude in a Federal court or in the courts of this Commonwealth or any other state, territory or country. Conviction, as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere;
(5) habitually indulged in the use of narcotics or other habit-forming drugs, or excessively indulged in the use of alcoholic liquors;
(6) been found guilty of unprofessional conduct. Unprofessional conduct shall include any departure from or the failure to conform to the minimal standards of acceptable and prevailing physical therapy practice, including the recognized standards of ethics of the physical therapy profession, in which proceeding actual injury to a patient need not be established;
(7) treated or undertaken to treat human ailments otherwise than by physical therapy as defined in this act;
(8) had his license or certificate to practice physical therapy revoked or suspended or having other disciplinary action taken, or his application for a license or certificate refused, revoked or suspended by the proper licensing or certifying authority of another state, territory or country;
(9) made misleading, deceptive, untrue or fraudulent representations in violation of this act or otherwise in the practice of the profession;
(10) in the case of a licensed physical therapist who failed to supervise physical therapist assistants or supportive personnel in accordance with this act or board regulation; or
(11) knowingly aiding, assisting, procuring or advising any unlicensed individual to practice a profession contrary to this act or regulations of the board.
(b) (Deleted by amendment).
(c) Unless ordered to do so by a court, the board shall not reinstate the license of an individual to practice as a physical therapist or the certificate of an individual certified to practice as a physical therapist assistant which has been revoked, and such individual shall be required to apply for a license or certificate after a five-year period in accordance with section 6, if he desires to practice at any time after such revocation.
(11 amended July 4, 2008, P.L.294, No.38)
Compiler's Note: Section 16 of Act 38 of 2008, which amended section 11, provided that the State Board of Physical Therapy shall promulgate regulations to implement the amendment or addition of sections 2, 2.1, 3, 4, 5, 6, 7, 7.1, 7.2, 9, 9.1(a), (a.1), (b), (d), (e), (f), (g) and (j), 11, 11.1, 11.2, 11.3, 12 and 13 of the act within 18 months of the effective date of this section. Until such time as the board promulgates rules and regulations regarding issue, renewal, revocation or suspension of physical therapist assistants, the current rules and regulations shall remain in effect.