Pennsylvania Statutes Title 63 P.S. Professions and Occupations (State Licensed) § 1311.3. Subpoenas; examinations; reports; surrender of license

(a) The board shall have the authority to issue subpoenas, upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before the board, for the purpose of investigating alleged violations of the disciplinary provisions administered by the board. The board shall have the power to subpoena witnesses, to administer oaths, to examine witnesses and to take testimony or compel the production of books, records, papers and documents as it may deem necessary or proper in and pertinent to any proceeding, investigation or hearing held by it. Patient records may not be subpoenaed without consent of the patient or without order of a court of competent jurisdiction on a showing that the records are reasonably necessary for the conduct of the investigation. The court may impose such limitations on the scope of the subpoena as are necessary to prevent unnecessary intrusion into patient confidential information. The board is authorized to apply to Commonwealth Court to enforce its subpoenas.

(b) An attorney responsible for representing the Commonwealth in disciplinary matters before the board shall notify the board immediately upon receiving notification of an alleged violation of this act. The board shall maintain current records of all reports of alleged violations and periodically review the records for the purpose of determining that each alleged violation has been resolved in a timely manner.

(c) The board shall require an individual whose license or certificate has been suspended or revoked to return the license or certificate in such manner as the board directs. An individual who fails to do so commits a misdemeanor of the third degree.

(d) The board, upon probable cause, has authority to compel a licensee or certificate holder to submit to a mental or physical examination by a physician approved by the board. Failure of a licensee or certificate holder to submit to an examination when directed by the board, unless the failure is due to circumstances beyond the licensee's or certificate holder's control, shall constitute an admission of the allegations against the licensee or certificate holder, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence.

(e) A licensee or certificate holder affected shall, at reasonable intervals as determined by the board, be afforded an opportunity to demonstrate that the licensee or certificate holder can resume competent practice with reasonable skill and safety.