reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter L - PROSTHETISTS, ORTHOTISTS, PEDORTHISTS AND ORTHOTIC FITTERS › BIENNIAL RENEWAL AND REACTIVATION › Section 18.862 - Continuing education

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Credit hour requirements.
A licensed prosthetist, orthotist,
						pedorthist or orthotic fitter shall satisfy the following continuing education
						credit hour requirements:
(1) As a condition
						for biennial renewal, a prosthetist shall complete at least 24 hours of
						ABC-approved or BOC-approved continuing education applicable to the practice of
						prosthetics and an orthotist shall complete at least 24 hours of ABC-approved
						or BOC-approved continuing education applicable to the practice of orthotics.
						At least 2 of the required 24 hours shall be completed in approved training in
						child abuse recognition and reporting in accordance with §
													16.108(b)
						(relating to child abuse recognition and reporting-mandatory training
						requirement).
(2) As a condition
						for biennial renewal, a pedorthist shall complete at least 13 hours of
						ABC-approved or BOC-approved continuing education applicable to the practice of
						pedorthics and an orthotic fitter shall complete at least 13 hours of
						ABC-approved or BOC-approved continuing education applicable to the practice of
						orthotic fitting. At least 2 of the required 13 hours shall be completed in
						approved training in child abuse recognition and reporting in accordance with
						§ 16.108(b).
(3) Credit for
						continuing education will not be given for courses in office management or
						practice building.
(4) A licensee
						is not required to complete continuing education during the biennium in which
						the licensee was first licensed.
(5) Except when reactivating an inactive
						license, when the Board has granted a waiver, or when ordered by the Board,
						continuing education credits may be used to satisfy the continuing education
						credit hour requirements only for the biennial period in which the credits were
						earned. An hour of continuing education may not be used to satisfy the
						requirements of paragraph (1) or (2) for more than one biennium.
(6) A licensee may request a waiver of the
						continuing education credit hour requirements because of serious illness,
						emergency, military service or other demonstrated hardship by submitting a
						request for waiver with supporting documentation to the Board at least 90 days
						prior to the end of the biennial renewal period for which the waiver is sought.
						The Board may grant the waiver request in whole or in part and may extend the
						deadline by which the credit hour requirements must be met.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter L - PROSTHETISTS, ORTHOTISTS, PEDORTHISTS AND ORTHOTIC FITTERS › BIENNIAL RENEWAL AND REACTIVATION › Section 18.863 - Inactive and expired status of licenses; reactivation of inactive or expired license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						prosthetist, orthotist, pedorthist or orthotic fitter license will become
						inactive if the licensee requests in writing that the Board place the license
						on inactive status. The Board will provide written confirmation of inactive
						status to the licensee at the licensee's last known address on file with the
						Board.
(b) A prosthetist,
						orthotist, pedorthist or orthotic fitter license will be classified as expired
						if the licensee fails to renew the license by the expiration of the biennial
						renewal period on December 31 of each even-numbered year. The Board will
						provide written notice to a licensee who fails to make biennial renewal by
						sending a notice to the licensee's last known address on file with the
						Board.
(c) A prosthetist,
						orthotist, pedorthist or orthotic fitter whose license has become inactive or
						expired may not practice in this Commonwealth until the license has been
						reactivated.
(d) To reactivate an
						inactive or expired license, the licensee shall apply on forms made available
						by the Board and fully answer the questions. The licensee shall:
(1) Include the documentation required under
						§
													18.862(c)
						(relating to continuing education) for the immediately preceding biennium.
						Unless waived by the Board under section 13.5(g)(7) of the act (63 P.S. §
														422.13e(g)(7)), the Board
						will not reactivate a license until the required continuing education for the
						preceding biennium has been successfully completed.
(2) Pay the current biennial renewal fee and
						the reactivation fee in §
													16.13 (relating to licensure,
						certification, examination and registration fees).
(3) Verify that the licensee did not practice
						as a prosthetist, orthotist, pedorthist or orthotic fitter in this Commonwealth
						while the license was inactive or expired except as provided in subsection
						(e).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter L - PROSTHETISTS, ORTHOTISTS, PEDORTHISTS AND ORTHOTIC FITTERS › BIENNIAL RENEWAL AND REACTIVATION › Section 18.864 - Professional liability insurance coverage for licensed prosthetist, orthotist, pedorthist or orthotic fitter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						licensed prosthetist, orthotist, pedorthist or orthotic fitter shall maintain a
						level of professional liability insurance coverage in the minimum amount of $1
						million per occurrence or claims made as required under section
						13.5(i) of the
						act (63 P.S. §
													422.13e(i)) and provide
						proof of coverage upon request.
(b)
						Proof of professional liability insurance coverage includes:
(1) A certificate of insurance or copy of the
						declaration page from the insurance policy setting forth the effective date,
						expiration date and dollar amounts of coverage.
(2) Evidence of a plan of self-insurance
						approved by the Insurance Commissioner of the Commonwealth under regulations of
						the Insurance Department in 31 Pa. Code Chapter 243 (relating to medical
						malpractice and health-related self-insurance plans).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.901 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter implements the NDRA pertaining to the
						registration of naturopathic doctors.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.903 - Application for naturopathic doctor registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant for a registration to
					 practice naturopathic medicine shall submit, on an application made available
					 by the Board, a completed application for a registration, including the
					 necessary supporting documents, including information required by §
											16.16 (relating to reporting of
					 disciplinary actions, criminal dispositions and other licenses, certificates or
					 authorizations to practice) and pay the application fee in § 16.13
					 (relating to licensure, certification, examination and registration
					 fees).
(b) Except as otherwise
					 provided by law, the Board will issue a registration as a naturopathic doctor
					 to an applicant who meets all of the following requirements:
(1) Holds a bachelor's degree from a
					 regionally accredited or pre-accredited college or university or the
					 equivalent.
(2) Holds a doctoral
					 degree from an institutionally accredited or pre-accredited college or
					 university offering a naturopathic doctor program which has been granted
					 programmatic candidacy or accreditation by the CNME which consists of at least
					 4,100 total credit hours in basic and clinical sciences and naturopathic
					 philosophy and modalities, including at least 2,500 hours of academic
					 instruction and at least 1,200 hours of supervised clinical training. Proof of
					 the degree shall be sent directly from the applicant's education program and
					 include an official transcript.
(3)
					 Has passed Parts I and II of a competency-based National naturopathic licensing
					 examination administered by the NABNE or a successor agency. An applicant who
					 graduated prior to 1986 shall demonstrate a passing score on a state
					 naturopathic examination.
(4) Holds
					 a current basic cardio-pulmonary resuscitation (CPR) certificate issued by the
					 American Heart Association, American Red Cross or a similar health authority or
					 professional body approved by the Board.
(5) Has completed at least 3 hours of
					 approved education/training in child abuse recognition and reporting
					 requirements as set forth in
					 23 Pa.C.S. §
													6383(b)(3)(i) (relating to
					 education and training) and in §
												16.108(a)
					 (relating to child abuse recognition and reporting- mandatory training
					 requirement).
(6) Is of good moral
					 character.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.904 - Biennial registration of naturopathic doctor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The registration of a naturopathic doctor
					 will expire biennially on December 31 of each even-numbered year in accordance
					 with §
											16.15 (relating to biennial
					 registration; inactive status and unregistered status). A naturopathic doctor
					 may not use the title of "naturopathic doctor," "doctor of naturopathic
					 medicine," "registered naturo-pathic doctor" or any other term implying that
					 the individual is currently registered as a naturopathic doctor unless the
					 individual holds a current and unexpired registration.
(b) As a condition of biennial renewal, a
					 naturopathic doctor shall:
(1) Submit a
					 completed application, including payment of the biennial registration fee in
					 §
												16.13 (relating to licensure,
					 certification, examination and registration fees).
(2) Disclose on the application any
					 authorization to practice as a naturopathic doctor in another state, district,
					 territory, possession or country.
(3) Disclose on the application disciplinary
					 action pending before, or taken by, the appropriate licensing, registration or
					 certification authority in another jurisdiction since the most recent
					 application for biennial registration, whether or not authorized to practice or
					 advertise in that other jurisdiction.
(4) Affirm that the applicant holds a current
					 basic cardio-pulmonary resuscitation (CPR) certificate issued by the American
					 Heart Association, American Red Cross or a similar health authority or
					 professional body approved by the Board.
(5) Certify that the applicant has completed
					 at least 2 hours of approved continuing education in child abuse recognition
					 and reporting as set forth in
					 23 Pa.C.S. §
													6383(b)(3)(ii) (relating to
					 education and training) and in §
												16.108(b)
					 (relating to child abuse recognition and re-porting-mandatory training
					 requirement).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.905 - Inactive status; reactivation of inactive or expired registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A naturopathic
					 doctor may request in writing that the Board place the registration on inactive
					 status. Confirmation of inactive status will be forwarded to the registrant. A
					 naturopathic doctor may not use the title of "naturopathic doctor," "doctor of
					 naturopathic medicine," "registered naturopathic doctor" or any other term
					 implying that the individual is currently registered as a naturopathic doctor
					 while on inactive status.
(b) To
					 reactivate an inactive or expired registration, the registrant shall apply for
					 reactivation by completing an application for reactivation on a form made
					 available by the Board. The registrant shall:
(1) Pay the current biennial registration fee
					 specified in §
												16.13 (relating to licensure,
					 certification, examination and registration fees) and any applicable late fees
					 required under section 225 of the Bureau of Professional and Occupational
					 Affairs Fee Act (63 P.S. §
													1401-225).
(2) Disclose whether the registrant used the
					 title of "naturopathic doctor," "doctor of naturopathic medicine," "registered
					 naturopathic doctor" or any other term implying that the individual was
					 currently registered as a naturopathic doctor in the Commonwealth while the
					 registration was inactive or expired.
(3) Disclose on the application any
					 authorization to practice as a naturopathic doctor in another state, district,
					 territory, possession or country.
(4) Disclose on the application disciplinary
					 action pending before or taken by the appropriate licensing, registration, or
					 certification authority in another jurisdiction since the most recent
					 application for biennial registration, whether or not authorized to practice or
					 advertise in that other jurisdiction.
(5) Submit evidence the registrant holds a
					 current basic cardio-pulmonary resuscitation (CPR) certificate issued by the
					 American Heart Association, American Red Cross or a similar health authority or
					 professional body approved by the Board.
(6) Verify completion of at least 2 hours of
					 approved continuing education in child abuse recognition and reporting in the 2
					 years immediately preceding the application for reactivation as set forth in
					 23 Pa.C.S. §
													6383(b)(3)(ii) (relating to
					 education and training) and in §
												16.108(b)
					 (relating to child abuse recognition and re-porting-mandatory training
					 requirement).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.906 - Display of registration

Current through Register Vol. 54, No. 28, July 13, 2024
A naturopathic doctor registrant shall prominently
						display the certificate of registration and evidence of biennial renewal in a
						publicly accessible location at the registrant's regular place of business. The
						registrant shall have evidence of current registration available for inspection
						by authorized agents of the Board and by persons receiving services when the
						naturopathic doctor provides services at locations other than the registrant's
						regular place of business.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.907 - Acceptable titles and professional designations by registrants; prohibited titles

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual
					 must have a current, active and unsuspended registration to claim to be, or
					 hold oneself out as, a naturopathic doctor, registered naturopathic doctor,
					 doctor of naturopathic medicine or use any similar title implying that the
					 individual holds a current registration as a naturopathic doctor in this
					 Commonwealth.
(b) A naturopathic
					 doctor who uses the designation "Dr." shall further identify himself as a
					 "naturopathic doctor," "registered naturopathic doctor" or "doctor of
					 naturopathic medicine" and may not use any term or designation that would imply
					 that the naturopathic doctor is licensed or authorized to practice medicine and
					 surgery, dentistry, podiatry, optometry, psychology, nursing, physical therapy,
					 acupuncture, chiropractic, genetic counseling, athletic training, massage
					 therapy or any other health care profession, unless that individual also holds
					 a current and active authorization to practice the other profession issued by
					 the appropriate licensing authority of this Commonwealth.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.908 - Informed consent and disclosure of financial interests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A naturopathic doctor shall obtain
					 written informed consent from the patient prior to providing naturopathic
					 services to the patient. The informed consent shall include notification to the
					 patient that the naturopathic doctor is not a physician. This subsection shall
					 not apply to registrants who are also currently and actively licensed to
					 practice as a physician in this Commonwealth.
(b) A naturopathic doctor shall disclose to
					 patients and prospective patients if the naturopathic doctor receives any
					 commission, rebate, referral fee or similar financial incentive in connection
					 with any marketing activity relating to merchandise.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.909 - Naturopathic records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 naturopathic doctor shall maintain patient records that accurately describe the
					 patient's concerns, evidence the naturopathic doctor's plan of service and
					 implementation of service and document the patient's response to any services
					 provided.
(b) All patient records
					 for minors and adults shall be retained for a minimum period of 7 years from
					 the date of the service for which a naturopathic record entry is required.
					 Patient records for minor patients shall also be retained until 1 year after
					 the minor patient reaches majority, even if this means that the naturopathic
					 doctor retains the record for a period of more than 7 years.
(c) Upon written request, a naturopathic
					 doctor shall make true, correct and legible copies of the written records of
					 service available to the patient or the person or persons designated by the
					 patient.
(d) Payment for
					 naturopathic services rendered may not be required as a condition to making the
					 written records of service available to the patient or the patient's designee.
					 A naturopathic doctor may require pre-payment of the costs to copy and produce
					 the naturopathic records. The maximum applicable copying and reproduction costs
					 for naturopathic service records shall be the same as those costs applicable to
					 production of health records as annually adjusted by the Secretary of the
					 Department of Health and published in the
Pennsylvania
					 Bulletin
.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.910 - Advertising

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 advertisement by a naturopathic doctor shall contain both of the following:
(1) The name of the naturopathic doctor as
					 registered with the Board.
(2) The
					 words "naturopathic doctor," "doctor of naturopathic medicine," or "registered
					 naturopathic doctor."
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.911 - Code of Ethics

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Naturopathic
					 doctors shall concern themselves primarily with the welfare of the
					 patient.
(b) A naturopathic doctor
					 who suffers from a physical, mental or emotional impairment, including
					 substance abuse, that impacts the individual's ability to practice naturopathic
					 medicine or to provide naturopathic services with reasonable skill and safety
					 to patients shall seek professional treatment and refrain from the practice of
					 naturopathic medicine until the impairment no longer exists or reasonable
					 accommodations can be made.
(c) A
					 naturopathic doctor shall:
(1) Respect and
					 maintain the privacy and confidentiality of the patient.
(2) Disclose the patient's records or
					 information about the patient only with the patient's consent or as required by
					 law.
(3) Safeguard patient
					 protected health information, including storage and disposal of
					 records.
(4) Provide sufficient
					 information to a patient to allow the patient to make an informed decision
					 regarding care, including:
(i) The purpose
					 and nature of a naturopathic evaluation or naturopathic service
					 regimen.
(ii) Alternatives to
					 naturopathic care.
(iii) Side
					 effects and benefits of a proposed naturopathic service regimen.
(iv) The estimated cost of naturopathic
					 services.
(v) The right of the
					 patient to withdraw from naturopathic services.
(5) Maintain professional boundaries, even
					 when the patient initiates crossing the boundaries of the professional
					 relationship.
(6) Decline to
					 administer a naturopathic service if the naturopathic doctor believes that the
					 service is contraindicated or unjustified.
(7) Make referrals only to registered
					 naturopathic doctors or other qualified and duly licensed health care
					 providers.
(8) Inform the patient,
					 other health care professionals and the public of the limitations of
					 naturopathic medicine.
(9) Assess
					 the patient to determine if contraindications against naturopathic service
					 exist and refer the patient to an appropriate health care
					 practitioner.
(10) At all times
					 respect the patient's dignity, autonomy and privacy.
(11) Cooperate with any lawful investigation
					 conducted by the Board, including:
(i)
					 Furnishing information requested as directed by the Board.
(ii) Complying with a subpoena.
(iii) Responding to a complaint at the
					 request of the Board.
(iv)
					 Providing access to relevant patient records.
(12) Report to the Board misconduct committed
					 by a naturopathic doctor in the practice of naturopathic medicine or in the
					 provision of naturopathic services.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.912 - Sexual misconduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sexual
					 exploitation by a naturopathic doctor of a current or former patient, or of an
					 immediate family member of a patient, constitutes unprofessional conduct, is
					 prohibited and subjects the naturopathic doctor to disciplinary action under
					 section 204(8) of the NDRA (63 P.S. §
												272.204(8)).
(b) Sexual behavior that occurs with a
					 current patient, other than the naturopathic doctor's spouse, constitutes
					 unprofessional conduct, is prohibited and subjects the practitioner to
					 disciplinary action under section 204(8) of the NDRA.
(c) When a naturopathic doctor was involved
					 with the management or directly provided naturopathic services to a patient
					 other than the naturopathic doctor's spouse for a mental health disorder, any
					 sexual behavior with that patient which occurs prior to the 2-year anniversary
					 of the termination of the professional relationship constitutes unprofessional
					 conduct, is prohibited and subjects the naturopathic doctor to disciplinary
					 action under section 204(8) of the NDRA.
(d) A practitioner who engages in conduct
					 prohibited by this section will not be eligible for placement into an impaired
					 professional program in lieu of disciplinary or corrective actions.
(e) Consent is not a defense to conduct
					 prohibited by this section.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter M - REGISTRATION OF NATUROPATHIC DOCTORS › Section 18.913 - Grounds for discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › GENERAL PROVISIONS › Section 19.1 - Legislative findings and purposes

Current through Register Vol. 54, No. 28, July 13, 2024
The General Assembly of this Commonwealth finds and
						declares that the sale of new and used motor vehicles in the Commonwealth
						vitally affects the general economy of the Commonwealth, the public interest
						and public welfare, and that in order to promote the public interest and the
						public welfare, and in the exercise of its police power, it is necessary to
						license manufacturers, dealers and salespersons of new and used motor vehicles
						doing business in the Commonwealth, in order to prevent frauds, impositions and
						other abuses upon its citizens and to protect and preserve the investments and
						properties of the citizens of this Commonwealth.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › GENERAL PROVISIONS › Section 19.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the terms defined in section 2 of the act
						(63
						P. S. §
												818.2), the following words and
						terms, when used in this chapter, have the following meanings, unless the
						context clearly indicates otherwise:
Act
-The Board of Vehicles Act
						(63
						P. S. §
												818.1-818.37).
Board
-The State Board of Vehicle
						Manufacturers, Dealers and Salespersons.
Dealer's interest in vehicles
-A dealer's
						interest in vehicles, as the term is used in section 2 of the act, does not
						include the lease of a vehicle.
Engaging in the occupation of vehicle
						salesperson
-The display, demonstration, offer for sale or retail sale
						of any vehicle not owned by that person.
The provisions of this §
													19.2 amended under section 4 of
						  the Board of Vehicles Act (63 P. S. §
														818.4).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › GENERAL PROVISIONS › Section 19.3 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
											31.1 (relating to scope of part),
						1 Pa. Code Part II (relating to General Rules of Administrative Practice and
						Procedure) (General Rules), is applicable to the activities of and proceedings
						before the Board. Sections
						19.31-19.38 (relating to protest
						proceedings) supplement the General Rules and apply solely to proceedings under
						sections 8(d), 13 and 27 of the act (63 P. S. §§
												818.8(d),
						818.13 and
						818.27).
The provisions of this §
													19.3 amended under sections
						  4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S.
						  §§
														818.4(a)(9),
						  818.8,
						  818.11,
						  818.13 and
						  818.27).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › GENERAL PROVISIONS › Section 19.4 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the schedule of fees charged by the
						Board:
Effective July 1, 2023
Effective July 1, 2025
Salesperson license application
$25
$65
$70
Manufacturer representative or distributor
								representative license application
$25
$65
$70
Manufacturer license application
$30
$90
$100
Manufacturer or distributor branch license
								application
$30
$90
$100
Distributor license application
$30
$90
$100
Dealer license application
$65
$175
$190
Auction license application
$65
$175
$190
Dealer branch lot license application
$65
$175
$190
Biennial renewal-salesperson license
$90
$113
$141
Biennial renewal-manufacturer representative or
								distributor representative license
$90
$113
$141
Biennial renewal-manufacturer license
$250
$313
$391
Biennial renewal-manufacturer or distributor
								branch license
$175
$219
$274
Biennial renewal-distributor license
$175
$219
$274
Biennial renewal-dealer license
$175
$219
$274
Biennial renewal-auction license
$175
$219
$274
Biennial renewal-dealer branch lot
								license
$175
$219
$274
The provisions of this §
													19.4 amended under sections 4 and
						  30(b) of the Board of Vehicles Act (63 P.S. §§
														818.4 and
						  818.30(b)); and sections
						  302(a)(9), 330(a) and 332.1(c) of the Board of Vehicles Act (63 P.S.
						  §§
														818.302(a)(9),
						  818.330(a) and
						  818.332a(c)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › SALESPERSON'S LICENSE › Section 19.11 - License

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful for a person, except as provided in this
						chapter, to engage in the occupation of salesperson within this Commonwealth
						unless the person has secured a license as required under the
						act.
The provisions of this §
													19.11 amended under section 4 of
						  the Board of Vehicles Act (63 P.S. §
														818.4).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › SALESPERSON'S LICENSE › Section 19.12 - Application for license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Application for license as a salesperson shall be made in writing to the Board,
					 signed by the applicant, designating the business name and address of the
					 dealer then employing the applicant or into whose employ the applicant is then
					 about to enter. Applications shall be made upon a form of application prepared
					 by the Board which shall include the recommendation of his employer or
					 prospective employer certifying that the applicant is honest, trustworthy,
					 truthful and of good repute and recommending that a license be granted. In the
					 case of an applicant who is himself a dealer, an officer of a corporation which
					 is a dealer or a member of a partnership which is a dealer, a representative of
					 a bank or sales finance company which has personal knowledge concerning the
					 reputation and fitness of the applicant, shall complete affidavit No. 4 on
					 transfer form or No. 18 on the original application. The form of application
					 shall contain other information, as the Board requires.
(b) A person, resident or nonresident, who,
					 in whole or in part, sells, distributes or exchanges vehicles to dealers within
					 this Commonwealth, is required to be licensed in this Commonwealth as a
					 distributor or dealer.
The provisions of this §
													19.12 amended under section 5 of
						  the Motor Vehicle Salesman's License Act (63 P. S. §
														805(6)) (Repealed); amended
						  under section 4 of the Board of Vehicles Act (63 P. S. §
														818.4).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › SALESPERSON'S LICENSE › Section 19.14 - Display of salesperson's licenses

Current through Register Vol. 54, No. 28, July 13, 2024
Dealers shall hold and properly display the display
						portion of the licenses of all salespersons in his employ.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › DEALERSHIP LICENSE › Section 19.17 - Separate business identity for dealers

Current through Register Vol. 54, No. 28, July 13, 2024
Every licensed dealership shall have a business identity
						separate from other businesses owned or operated by the
						dealer.
The provisions of this §
													19.17 issued under section 4(9) of
						  the Board of Vehicles Act (63 P. S. §
														818.4(9)).
This section cited in 49 Pa. Code §
													43b.9 (relating to schedule of
						  civil penalties-vehicle manufacturers, dealers and
						  salespersons).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › DEALERSHIP LICENSE › Section 19.17a - Branch lots

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Facility
. Unless otherwise exempted by the act or this
					 chapter, any location where a licensed vehicle dealer displays or offers
					 vehicles for sale shall be licensed and comply with the facilities requirements
					 set forth in the act and §
											19.18 (relating to established
					 place of business for dealers).
(b)
Storage of vehicles
. The storage of vehicles by a licensed
					 vehicle dealer at an unlicensed location will not be considered to be the
					 display or offer for sale of vehicles at that location if:
(1) The lot is used solely for the storage of
					 vehicles.
(2) The lot is identified
					 by a sign with the dealership name and a designation that the lot is for
					 "storage only." The area may not otherwise be identified.
(3) A salesperson is present at the lot only
					 as necessary to repair, recondition, inspect or move any of the
					 vehicles.
(4) A salesperson present
					 at the unlicensed location does not engage in any demonstration or discussion
					 of product features of the vehicles and does not discuss any terms of
					 sale.
(5) The public is not
					 permitted access to any of the vehicles at the lot and the vehicles are not
					 capable of being entered or operated (other than by criminal acts).
(6) A sign or other marking at the lot or on
					 any of the vehicles at the lot (except for a Federally-mandated manufacturer's
					 price sticker) does not indicate that any of the vehicles at the lot are
					 available for sale at any other location.
(7) Literature, such as business cards or
					 brochures, is not available for potential customers to remove from the
					 lot.
(8) The dealer has provided a
					 potential customer at the lot with no means, such as telephone, e-mail or
					 Internet website, to negotiate the sale of, to obtain additional information
					 concerning, or to otherwise discuss the vehicles at the unlicensed lot or other
					 vehicles available for sale by the dealer.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › DEALERSHIP LICENSE › Section 19.18 - Established place of business for dealers

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed dealer shall maintain an established place of
						business that meets the following criteria:
(1)
Permanent enclosed
					 building
. The dealer shall own or rent a permanent enclosed building
					 for use by the dealership. A permanent enclosed building may consist of an
					 office trailer with skirting and a permanent foundation. The dealership must be
					 separated from adjoining businesses and residences by partitions or
					 walls.
(2)
Private
					 office
. The dealership must have a private office, separate from
					 display areas and repair and servicing facilities, that has space for the
					 storage of books and records.
(3)
Display area
. The dealership must have a display area-whether
					 indoors, outdoors or partly indoors and partly outdoors-where the public is
					 permitted and invited in the regular course of business to inspect or test
					 drive the vehicles that are being offered for sale, purchase or exchange by the
					 dealership. The display area may not include areas of the dealership premises
					 on which are placed vehicles that are wrecked or damaged, that are awaiting
					 reconditioning or preparation for sale, purchase or exchange, that are being
					 serviced or repaired, that are part of general inventory, or that are otherwise
					 not being offered for sale, purchase or exchange to the public. The display
					 area shall meet the following requirements:
(i)
Size.
(A) The display area of a dealership that
					 buys, sells or exchanges vehicles must be large enough for the display of at
					 least five vehicles-with doors opened-of the kind that are bought, sold or
					 exchanged by the dealership. The display area of a dealership that buys, sells
					 or exchanges recreational vehicles, manufactured housing and mobile homes must
					 have a display area of at least 5,000 square feet, unless exempted by section
					 5(e)(3) or (4) of the act (63 P. S. §
														815.5(e)(3) and
					 (4)).
(B) The minimum size display area
					 requirements of this paragraph do not apply to a licensed vehicle dealer that
					 sells only new firefighting or emergency service vehicles.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › DEALERSHIP LICENSE › Section 19.18a - Consignment sales

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensed
					 dealer is permitted to engage in consignment sales without being licensed as a
					 wholesale vehicle auction or public or retail vehicle auction, as defined in
					 section 2 of the act (63 P. S. §
												818.2), if the dealer meets the requirements
					 of this section.
(b) The dealer
					 shall maintain the following documents at the lot where the vehicle is
					 displayed:
(1) A copy of a separate written
					 consignment agreement with the consignor for each vehicle. The written
					 consignment agreement shall contain the following information:
(i) The name and signature of the
					 consignor.
(ii) The make, model,
					 year, vehicle identification number, and license plate number of the
					 vehicle.
(iii) The length of the
					 consignment period.
(iv) The terms
					 of sale, including the minimum selling price, if any, and the amount of or
					 formula for determining the dealer's commission.
(v) The terms of insurance coverage during
					 the period of consignment, including the name, address and telephone number of
					 the consignor's insurance agent, if any.
(vi) The express identification of any
					 warranties extended by the consignor.
(vii) The name and address or telephone
					 number of all current lien holders, together with the account number for each
					 lien.
(viii) Any material facts
					 relative to the vehicle, including accident history known to the seller,
					 vehicle condition and odometer disclosure.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › AUCTION LICENSE › Section 19.19 - Standards of licensure for retail or public auction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Auction activities
.
(1) Every public or retail auction shall have
					 a business identity separate from other businesses owned or operated by the
					 public or retail auction.
(2) A
					 public or retail auction may not conduct auction activities other than from its
					 established place of business. A retail or public auction may auction only
					 those vehicles that are physically located at the established place of business
					 of the public or retail auction. A retail or public auction may accept bids by
					 telephone, Internet or other remote means.
(3) An auction license does not permit a
					 public or retail auction to broker, other than the auctioning of
					 vehicles.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › AUCTION LICENSE › Section 19.20 - Standards of licensure for wholesale auction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Auction activities
.
(1) Every wholesale auction shall have a
					 business identity separate from other businesses owned or operated by the
					 wholesale auction.
(2) A wholesale
					 auction may not conduct auction activities other than from its established
					 place of business. A wholesale auction may auction only those vehicles that are
					 physically located at the established place of business of the wholesale
					 auction. A wholesale auction may accept bids by telephone, Internet or other
					 remote means.
(3) An auction
					 license does not permit a wholesale auction to broker, other than the
					 auctioning of vehicles.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › POWERS AND DUTIES OF THE BOARD › Section 19.21 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › POWERS AND DUTIES OF THE BOARD › Section 19.23 - Vehicle shows, off-premise sales and exhibitions

Current through Register Vol. 54, No. 28, July 13, 2024
A vehicle show, off-premise sale or exhibition may not
						last for more than 14-consecutive days. To preclude the operation of an
						unlicensed branch location, a dealer may not participate in any show or
						combination of shows at a given location for more than 15 days in any period of
						30 days, for more than 30 days in any period of 3 months or for more than 60
						days in any period of 12 months.
The provisions of this §
													19.23 amended under section 4 of
						  the Board of Vehicles Act (63 P. S. §
														818.4).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › PROTEST PROCEEDINGS › Section 19.31 - Filing of documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Place of filing
. Every pleading and other document in a
					 protest matter shall be filed with the prothonotary for the Department of State
					 at One Penn Center, 2601 North Third Street, Post Office Box 2649, Harrisburg,
					 PA 17105-2649.
(b)
Copies
. An original and one copy of each document shall be
					 filed with the prothonotary. A copy of each document shall be served on each
					 party to the protest. An additional copy of each document shall be served on
					 the Board's counsel for protest matters (protest counsel) at One Penn Center,
					 2601 North Third Street, Post Office Box 2649, Harrisburg, PA
					 17105-2649.
The provisions of this §
													19.31 issued under sections
						  4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S.
						  §§
														818.4(a)(9),
						  818.8,
						  818.11,
						  818.13 and
						  818.27).