§ 18.913. Grounds for discipline.
(a) The Board shall have the authority to impose disciplinary or corrective measures on a naturopathic doctor or applicant for registration as a naturopathic doctor for the reasons set forth in section 204 of the NDRA (63 P.S. § 272.204) and any of the following:
(1) Fraudulently or deceptively obtaining, or attempting to obtain, or using a registration or assisting another in fraudulently or deceptively obtaining or using a registration.
(2) Using false, deceptive or misleading advertising.
(3) Advertising, practicing or attempting to practice under a name other than the naturopathic doctor’s name as registered with the Board; provided, however, that a naturopathic doctor may advertise utilizing a business name if the advertisement also includes the naturopathic doctor’s name as registered by the Board.
(4) Aiding, assisting, employing or advising any unregistered individual to hold himself out in a manner which states or implies the unregistered individual is a naturopathic doctor.
(5) Paying or receiving any commission, bonus, kickback or rebate, or engaging in any split-fee arrangement in any form with a licensed physician, organization, agency or other person, either directly or indirectly, for patients referred to other health care providers.
(6) Promoting the sale of services, drugs, devices, appliances or goods to a patient so as to exploit the patient for financial gain.
(7) Failing to keep written records justifying the course of service of a patient.
(8) Failing to disclose the contents of merchandise or the nature and description of naturopathic services recommended, provided or offered to a patient.
(9) Failing to cooperate with a lawful investigation of the Board.
(b) When the Board is empowered to take disciplinary or corrective action under the provisions of the NDRA, the Board’s regulations or other statutory or regulatory authority, the Board may impose one or more of the following disciplinary or corrective actions as set forth in section 206 of the NDRA (63 P.S. § 272.206), section 42 of the act (63 P.S. § 422.42) and 63 Pa.C.S. § 3108 (relating to civil penalties):
(1) Deny the application for registration.
(2) Administer a public reprimand with or without probation.
(3) Revoke, suspend, limit or otherwise restrict a registration.
(4) Require the registrant to submit to the care, counseling or treatment of a physician or a psychologist designated by the Board.
(5) Require the registrant to take refresher educational courses or demonstrate passage of the NPLEX examination, or both.
(6) Stay enforcement of any suspension and place the registrant on probation with the right to vacate the probationary order for noncompliance.
(7) Impose a civil penalty of up to $1,000 in accordance with the NDRA.
(8) Impose a civil penalty of up to $10,000 in accordance with 63 Pa.C.S. § 3108(b); provided, however, that the Board will not impose a civil penalty under the NDRA and also impose a civil penalty under 63 Pa.C.S. § 3108(b) for the same violation, as prohibited by 63 Pa.C.S. § 3108(c)(2).
(9) Impose the costs of investigation underlying the disciplinary action.
Cross References This section cited in 49 Pa. Code § 18.903 (relating to application for naturopathic doctor registration); and 49 Pa. Code § 18.911 (relating to Code of Ethics).
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