Section 1516 - Refusal, suspension or revocation of license; refusal to renew; penalties; injunctive relief(a) The board shall refuse to issue a license to a person and, after notice and hearing in accordance with law, may suspend or revoke a license or refuse to renew a license, or may impose probationary conditions, where the licensee or applicant for license is guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct shall include the following:(1) Obtaining a license by means of fraud, misrepresentation or concealment of material facts.(2) Being guilty of unprofessional conduct as defined by a rule established by the board or violating a code of ethics adopted by the board.(3) Being convicted of or pleading guilty or nolo contendere to a crime which is found by the board to have a direct bearing on whether the person should be entrusted to serve the public as an occupational therapist or occupational therapy assistant.(b) 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).(c)(1) A person who violates a provision of this act is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment for not less than 30 days nor more than 90 days, or by both such fine and imprisonment and for each additional offense that person shall be subject to either a fine of not less than $500 or imprisonment of not less than six months, at the discretion of the court.(2) In addition to any other civil remedy or criminal penalty provided for in this act, the board may levy a civil penalty on a person who violates a provision of this act in accordance with the act of July 2, 1993 (P.L.345, No.48), entitled "An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension."(3) Fines and civil penalties collected under the provisions of this act shall be paid into the State Treasury for the use of the Commonwealth.(d) The Attorney General may, on behalf of the board, apply for injunctive relief in any court of competent jurisdiction to enjoin a person from committing an act in violation of this act. The injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies in this act.(e) Any person who is licensed by the board or who is an applicant for examination for licensure by the board, against whom are preferred any of the charges for causing the revocation or suspension of the license shall be cited by the board and shall have a hearing before the board or by a hearing examiner as determined by the board.Amended by P.L. 1132 2012 No. 138, § 5, eff. 9/3/2012.1982, June 15, P.L. 502, No. 140, § 16, effective in 90 days.