Osteopathic License Defense
Representation Before the State Board of Osteopathic Medicine
The State Board of Osteopathic Medicine licenses osteopathic physicians and surgeons and a number of other practitioners who work under the Board's jurisdiction, including physician assistants, respiratory therapists, athletic trainers, perfusionists, genetic counselors and acupuncturists. The Board acts on complaints, on reports required by the MCARE Act and on reports from hospitals.
A Board matter may begin with a patient complaint, a reported malpractice claim, a hospital privileges action, a prescribing referral, an arrest or an allegation of impairment. Because physicians must self-report certain events within 60 days, a matter can reach the Board before any complaint is filed.
Mimm Law, LLC represents osteopathic physicians and other Board licensees at every stage of a Board matter, including matters involving the Professional Health Monitoring Program and temporary suspension.
Governing Law
- Board
- State Board of Osteopathic Medicine
- Statute
- Osteopathic Medical Practice Act, 63 P.S. § 271.1 et seq.
- Regulations
- 49 Pa. Code Chapter 25
- Licensees
- Osteopathic physicians and other practitioners
- Renewal
- Biennial; physician licenses expire October 31 of even-numbered years
Who the Board Regulates
- Osteopathic physician and surgeon license
- Osteopathic physician assistant license
- Osteopathic respiratory therapist, athletic trainer and perfusionist licenses
- Osteopathic genetic counselor license
- Acupuncturist license and acupuncturist supervisor registration
- Volunteer license
- Temporary graduate license and temporary license for visiting, teaching, emergency and similar purposes
Grounds for Discipline
Section 15 of the Osteopathic Medical Practice Act (63 P.S. § 271.15) authorizes the Board to discipline a licensee for, among other things:
- Failure to meet the qualifications for licensure
- Misleading, deceptive or fraudulent statements in practice or on the biennial registration
- Conviction (including a guilty or nolo contendere plea) of a felony, a crime of moral turpitude or a crime related to osteopathic practice, or probation without verdict or ARD on felony charges
- Action against a license by another state, territory or country
- Inability to practice safely because of illness, alcohol, drugs or a mental or physical condition
- Violation of a Board regulation or a prior disciplinary order
- Knowingly aiding an unlicensed person to practice
- Immoral or unprofessional conduct, including departures from accepted osteopathic standards, without the need to prove injury to a patient
Sanctions the Board May Impose
The Board may deny a license, issue a public or private reprimand, revoke, suspend, limit or restrict a license, require treatment, impose probation or restore a license subject to conditions. Temporary suspension is available where a licensee presents an immediate and clear danger to the public. A license is automatically suspended upon a felony drug conviction or a legal commitment for mental incompetency, and a revoked licensee must wait at least five years to apply for reinstatement, with re-examination.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
MCARE Reporting
An osteopathic physician must notify the Board, within 60 days, of a medical professional liability complaint, discipline in another state, criminal sentencing and arrests for specified serious offenses.
Liability Insurance
Active osteopathic physicians must maintain the professional liability coverage required by law. A lapse in coverage has licensing consequences.
Continuing Medical Education
Osteopathic physicians must complete 100 hours of continuing medical education each biennial period, including patient safety and risk management, pain management and opioid prescribing, and child abuse recognition. From May 1, 2026, 2 of the required hours must be on organ and tissue donation and recovery, a one-time requirement to be completed within five years of licensure, renewal or reactivation.
Matters We Handle
- Patient complaints concerning care, communication or conduct
- Prescribing practices and controlled substances
- Reported malpractice payments and hospital privilege actions
- Referrals to the Professional Health Monitoring Program
- Reciprocal discipline based on action in another jurisdiction
- Criminal charges and convictions affecting licensure
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
My hospital suspended my privileges. What happens next?
Hospital privilege actions often come to the Board's attention and can lead to a Board inquiry. The peer review proceeding and any licensing matter should be managed together, because findings made in one may be offered in the other.
Do I have to report a malpractice suit?
Yes. The MCARE Act requires a physician to notify the Board within 60 days after being served with a complaint in a medical professional liability action. Reporting does not by itself lead to discipline, but a failure to report may.
Is the Voluntary Recovery Program available to osteopathic physicians?
Yes. The Act allows the Board to defer, and ultimately dismiss, corrective action for an impaired physician who enters an agreement and progresses satisfactorily in an approved treatment program; the option is not available after a felony drug conviction.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.