63 Pa. Stat. § 422.9

Current through P.A. Acts 2023-32
Section 422.9 - Procedure, oaths and subpoenas
(a) All actions of the board.--All actions of the board shall be taken subject to the right of notice, hearing and adjudication, and the right of appeal therefrom, in accordance with the provisions of Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).
(b) Disciplinary proceedings.--All disciplinary proceedings conducted by hearing examiners shall be conducted in accordance with sections 901 through 905 of the act of October 15, 1975 (P.L. 390, No. 111) , known as the Health Care Services Malpractice Act.
(c) Subpoena power.--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. Medical 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.
(d) Reports to the board.--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.

63 P.S. § 422.9

1985, Dec. 20, P.L. 457, No. 112, § 9, effective 1/1/1986.