Expanded Psychology Board Disciplinary Authority

On June 23, 2016 the General assembly approved act 2016–53. This a new provision in the Psychology Board Act.  It became effective August 23, 2016.  This an amendment to the Psychology Board’s authority in disciplining it’s licensees. The specific section in bold states: (b) When the board finds that the license or application for license…

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Pennsylvania’s New Physician Licensing Compact

In November of 2015 I blogged about the proposed version of Pennsylvania’s Interstate Medical Licensure Compact Act.  One year later, effective October 26, 2016, the Act has become Law. What does this mean for Pennsylvania’s physicians?The Interstate Medical Licensure Compact Act (the “Act”) only applies to “Physician”, a person who:1. is a graduate of a…

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New Registration Requirement Rules

I write  frequently about the Pennsylvania General Assembly routinely adding criminal and civil consequences to convicted sex offenders ‘s sentences after judicial pronouncement of the sentence. Modifying Megan’s Law registration requirements for convicted sex offenders is the most prominent of these tough-on-crime fighting, constituent-appeasing measures. Megan’s Law V is called the Sex Offender Registration and Notification…

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Hearsay, The Pharmacy Board, and Due Process

A recent client sought reinstatement of her pharmacy license after a period of suspension for failing out of the SARPH, Pennsylvania pharmacists’ drug monitoring program. The Pharmacy Board rejected her petition. I represented the pharmacist only in her appeal to the Commonwealth Court.Prior counsel cost her license and Markowitz did not utilize an attorney during…

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Professional Licensing Board’s Discretion and Appellate Case Review

The discretionary decision making process of Pennsylvania’s twenty six professional boards is a huge appellate issue many cases confront.  In a recent case, board discretion is discussed in the context of non-criminal conduct and the Medical Board’s authority to police its own licensees.  The case is Mosuro v. Bureau of Prof’l & Occupational Affairs, 2016…

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