The Professional Compliance Office within BPOA's Legal Office, receives an average of 16,000 complaints per year. The office reviews these complaints to establish whether the complaint alleges conduct which is a violation of a practice act, whether a Board has jurisdiction, and whether there is sufficient evidence to merit further investigation. Complaints can be initiated by consumers, licensees, board or commission members, board or commission staff, competitor complaints, other state licensing boards, media information, and law enforcement.
When a complaint requires investigation, the Department's Bureau of Enforcement and Investigation (BEI) interviews witnesses and obtains documents and collects evidence related to the allegation made in the complaint. Subsequently, a prosecuting attorney determines whether to close the complaint or to initiate a disciplinary action before the administrative licensing board.
Prosecution for violations of standards of practice are initiated through the filing of an Order to Show Cause. The prosecutor who proceeds with the disciplinary action then bears the burden of proving misconduct before the board. Licensees are provided due process and the board adjudicates the case to either dismiss or sanction. Depending on the severity of the conduct proven, sanctions can range from probation and discretionary suspension, to revocation or automatic suspension as required by statute. Licensees have the right to appeal any sanctions to the Commonwealth Court for review.
Sanctions include: revocations, suspensions, stayed suspensions, voluntary surrenders, probations, reprimands, civil penalties. As of May 16, 2018, there had been 2,494 sanctions issued in fiscal year 2017-2018. This is the highest on record. Nursing Board sanctions doubled between 2012 and 2018, from 436 to 840. Nursing Board actions account for 31% of all disciplinary cases. Medical and Osteopathic Board sanctions remained the same at 190 and doubled from 27 to 46, respectively. Pharmacy and Social Workers Board actions have both dropped by 50%.
Each board and commission is authorized to take disciplinary action based on the commission of a crime. Among these disciplinary actions taken:
• 29% resulted in suspension;
• 17% resulted in stayed suspension (usually with probationary terms);
• 13.5% resulted in automatic suspension due to the Drug Act;
• 12.6% resulted in voluntary surrender of license;
• 12% resulted in revocation;
• 6.5% resulted in reprimands;
• 4.7% resulted in immediate temporary suspensions based on danger to health/safety ofpublic;
• The remaining roughly 5% resulted in probation, a civil penalty (regular or Act 48), astayed revocation, or other sanction such as remedial education, etc.
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