Pennsylvania Statutes Title 35 P.S. Health and Safety § 5604. Cease and desist orders

Whenever after investigation the secretary shall find that any preparation, device or diagnostic procedure is not efficacious in the diagnosis, treatment, mitigation or cure of cancer, he shall order any person or persons, whichever the case may be, to cease and desist from any one or more of the following activities in which he or they may be engaged: (1) the manufacturing, selling, offering for sale, giving away or offering to give away, or otherwise disposing of such preparation or device, or both; (2) the advertising or publication that a preparation, device or diagnostic procedure, or any one or more of them, is efficacious in the diagnosis, treatment, mitigation or cure of cancer, regardless of whether such advertising or publication be accomplished by newspaper, radio, television or other means of communication; (3) the prescribing, recommending or using such preparation, device or diagnostic procedure.

The cease and desist order of the secretary shall take effect thirty days after the receipt of such order by the person against whom it is directed, unless within such time such person shall have requested an opportunity to be heard.

Whenever any person shall request an opportunity to be heard within the time period prescribed in this section, the board shall, after giving due notice to the person of the time and place of the hearing, conduct a hearing to determine whether such preparation, device or diagnostic procedure is efficacious in the diagnosis, treatment, mitigation or cure of cancer. Based upon the record before it, the board may affirm, modify or rescind the cease and desist order of the secretary. The hearing by the board shall be the exclusive method by which the action of the secretary may be reviewed.

In the conduct of the hearings, the board shall have the power to compel the attendance of witnesses and the production of documents whenever it deems necessary to the proper conduct of a hearing.

The Administrative Agency Law, the act of June 4, 1945 (P.L. 1388), as amended,  1 shall apply to all hearings authorized by this section and to adjudications and orders of the board, and the appellate procedures provided in such law shall be the exclusive remedy available to any person against whom an order of the board shall have been issued.