Section 11.2. Temporary Suspension.--The board shall temporarily suspend a license or certificate under circumstances as determined by the board to be an immediate and clear danger to the public health or safety. The board shall issue an order to that effect without a hearing, but upon due notice, to the licensee or certificate holder concerned at his last known address, which shall include a written statement of all allegations against the licensee or certificate holder. The provisions of section 11(c) shall not apply to temporary suspension. The board shall thereupon commence formal action to suspend, revoke or restrict the license or certificate of the individual concerned as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within 30 days following the issuance of an order temporarily suspending a license or certificate, the board shall conduct, or cause to be conducted, a preliminary hearing to determine that there is a prima facie case supporting the suspension. The licensee or certificate holder whose license or certificate has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license or certificate shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board, but in no event longer than 180 days.
(11.2 amended July 4, 2008, P.L.293, No.38)
Compiler's Note: Section 16 of Act 38 of 2008, which amended section 11.2, 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.