Section 224 - Refusal, suspension or revocation of licenses(a) The Board may refuse, suspend or revoke any license in any case where the Board shall find that-- (1) The licensee is on repeated occasions negligent or incompetent in the practice of professional nursing or dietetics-nutrition.(2) The licensee is unable to practice professional nursing with reasonable skill and safety to patients by reason of mental or physical illness or condition or physiological or psychological dependence upon alcohol, hallucinogenic or narcotic drugs or other drugs which tend to impair judgment or coordination, so long as such dependence shall continue. In enforcing this clause (2), the Board shall, upon probable cause, have authority to compel a licensee to submit to a mental or physical examination as designated by it. After notice, hearing, adjudication and appeal as provided for in section 15, failure of a licensee to submit to such examination when directed shall constitute an admission of the allegations against him or her unless failure is due to circumstances beyond his or her control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume a competent practice of professional nursing with reasonable skill and safety to patients.(2.1) The licensee is unable to practice dietetics-nutrition with reasonable skill and safety to individuals or groups by reason of mental or physical illness or condition or physiological or psychological dependence upon alcohol, hallucinogenic or narcotic drugs or other drugs which tend to impair judgment or coordination so long as such dependence shall continue. In enforcing this clause (2.1), the Board shall upon probable cause have authority to compel a licensee to submit to a mental or physical examination as designated by it. After notice, hearing, adjudication and appeal as provided for in section 15, failure of a licensee to submit to such examination when directed shall constitute an admission of the allegations against him or her unless failure is due to circumstances beyond his or her control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume a competent practice of dietetics-nutrition with reasonable skill and safety to individuals or groups.(3) The licensee has wilfully or repeatedly violated any of the provisions of this act or of the regulations of the Board.(4) The licensee has committed fraud or deceit in:(i) the practice of nursing, or in securing his or her admission to such practice or nursing school; or(ii) the practice of dietetics-nutrition or in securing his or her license as a dietitian-nutritionist.(5) The licensee has been convicted, or has pleaded guilty, or entered a plea of nolo contendere, or has been found guilty by a judge or jury, of a felony or a crime of moral turpitude, or has received probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges, in the courts of this Commonwealth, the United States or any other state, territory, possession or country.(6) The licensee has his or her license suspended or revoked or has received other disciplinary action by the proper licensing authority in another state, territory, possession or country.(7) The licensee has acted in such a manner as to present an immediate and clear danger to the public health or safety.(8) The licensee possessed, used, acquired or distributed a controlled substance or caution legend drug for other than an acceptable medical purpose.(9) The licensee has been guilty of immoral or unprofessional conduct. Unprofessional conduct shall include departure from or failing to conform to an ethical or quality standard of the profession. The ethical and quality standards of the profession are those embraced by the professional community in this Commonwealth. In proceedings based on this clause, actual injury to a patient or individual or group need not be established.(b) When the Board finds that the license of any nurse or dietitian-nutritionist may be refused, revoked or suspended under the terms of subsection (a), the Board may: (1) Deny the application for a license.(2) Administer a public reprimand.(3) Revoke, suspend, limit or otherwise restrict a license as determined by the Board.(4) Require a licensee to submit to the care, counseling or treatment of a physician or a psychologist designated by the Board.(5) Suspend enforcement of its finding thereof and place a licensee on probation with the right to vacate the probationary order for noncompliance.(6) Restore or reissue, in its discretion, a suspended license to practice professional or practical nursing or dietetics-nutrition and impose any disciplinary or corrective measure which it might originally have imposed.1951, May 22, P.L. 317, No. 69, § 14, imd. effective. Amended 1974, July 3, P.L. 432, No. 151, § 12, imd. effective; 1985, Dec. 20, P.L. 409, No. 109, § 10, effective 1/1/1986; 1994, May 27, P.L. 248, No. 35, § 1, effective in 60 days; 2002, June 29, P.L. 651, No. 99, § 7, effective in 90 days.