McGrath v. Bur. of Prof. & Occ. Affairs

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This appeal by allowance involved the automatic suspension of a nursing license based on a felony drug conviction. The question raised was whether, under the applicable statute, reinstatement of the license was precluded for a fixed period of ten years, or was instead permitted at an earlier date subject to the discretion of the state nursing board. Appellee held a license to practice professional nursing in Pennsylvania. In 2013, she pled guilty to one count of felony drug possession in violation of the Controlled Substance Act and received a sentence of probation without verdict. The Commonwealth then petitioned the Board to impose an automatic suspension of Appellee’s nursing license pursuant to Section 15.1(b) of the Nursing Law. As for the length of the suspension, the Board referenced two aspects of the Nursing Law reflecting different time periods. It first observed that Section 15.2 of the law prescribes a five-year minimum period. The Board then referred to Section 6(c) of the Nursing Law, which provided for a ten-year period with regard to the issuance of a new license. After quoting these provisions, the Board, without explanation, indicated that Appellee’s license would be automatically suspended for ten years. Appellee filed exceptions arguing that the ten-year suspension period was improper. Thereafter, the Board entered a final adjudication affirming the notice and order. A divided Commonwealth Court reversed the Board’s holding. The Pennsylvania Supreme Court affirmed: “it is not illogical that the General Assembly would provide for discretionary reinstatement of an automatically suspended license while also requiring a ten-year waiting period for a convicted felon who has never held a license. In the former case the Board has a record of interaction in which the licensee previously demonstrated the requisite skills, knowledge, and moral character to become a licensed professional, and has additionally fulfilled any continuing requirements for licensure over a period of time. … nothing in our decision prevents the Board from seeking revocation of a license, in accordance with the procedures outlined in the Nursing Law, following a conviction under the Controlled Substances Act. … If an automatically-suspended license is ultimately revoked, reinstatement would then be governed by Section 15.2.” View "McGrath v. Bur. of Prof. & Occ. Affairs" on Justia Law