Bath chiropractor can practice, despite charges, state says

Published: 2009-07-23 23:52:01
Author: Riley Yates | The Morning Call | July 8, 2009

A Bath chiropractor can continue to practice despite accusations that he inappropriately touched four patients, a state hearing examiner has found.

John A. Marino, a member of the NazarethArea School Board, was criminally charged in May with four counts of indecent assault and four of harassment for allegedly reaching down the pants of the female patients in 2005 and 2006 while giving them an ''adjustment'' to treat heartburn.

Late last month, the State Board of Chiropractic temporarily suspended the license of Marino, who owns Marino Chiropractic Clinic on S. Walnut Street, finding that the allegations against him, if true, present ''an immediate danger to the public health and safety.''

But the decision was reversed Thursday after a hearing in Harrisburg in which three of the four women who complained about Marino testified and were cross-examined.

C. Michael Weaver, a hearing examiner, found that one woman's testimony was not credible. The other two testified that Marino had not actually touched their private parts, as alleged by police, though he touched near them, Weaver said in a written order.

Weaver said the state had failed to prove its case, even if the facts were taken in the light most favorable to it.

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