Sections 22 and 41(5) of the Medical Practice Act, 63 P.S. §§ 422.22 and 422.41, authorize the Pa State Board of Medicine to refuse to issue a license based upon competent factual or legal basis upon which the State Board of Medicine may conclude that licensee “fails to demonstrate the qualifications or standards for a license” or that he/she is “unable to practice the profession with a reasonable skill and safety to patients.”
All PA professional licensees who 1) reject or choose to undergo a PHMP/PMP evaluation, 2) are assessed by a non-expert to be in need of a monitoring, and 3) chose to not enroll in the PHMP/PMP face legal issues. From this point forward, the matter will be referred to the State Board prosecutor for potential disciplinary action.
Initially, the Board becomes aware of a possible impairment. Every licensee should question the nature and means with which the PHMP/PMP became aware of your supposed impairment. Your truthful answer regarding any criminal charge on the initial or renewal license application is one way. Others ways include anonymous reports or police or work place referrals.
Read about the tricks and traps of impaired professional monitoring boards here.