For the Defense - Vol. 5, Issue 2 - 17
Review of 35 P.S. § 780-123
No comprehensive discussion of the
consequences of a criminal arrest on the
healthcare licensee can be had without reference
to 35 P.S § 780-123 of the Controlled Substance,
Drug Device and Cosmetic Act (Drug Act) which
governs the revocation of healthcare licenses.
The most relevant part reads as follows:
(c) The appropriate licensing boards
in the Department of State shall
automatically suspend, for a period not
to exceed one (1) year, the registration
or license of any practitioner when
the person has pleaded guilty or nolo
contendre or has been convicted of a
misdemeanor under this act. The district
attorney of each county shall immediately
notify the appropriate licensing board of
practitioners subject to the provisions of
the section. However, the provisions of
such automatic suspension may be stayed
by the appropriate state licensing board
in those cases where a practitioner has
violated the provisions of this Act only for
the personal use of controlled substances
by the practitioner and the practitioner
participates in the impaired professional
program approved by the appropriate
state licensing board for a period of
between three (3) and five (5) years, as
directed by the appropriate licensing
board. If the practitioner fails to comply
in all respect with the standards of such a
program, the appropriate licensing board
shall immediately vacate the stay of the
enforcement of the suspension provided
for herein. Automatic suspension shall
not be stayed pending any appeal
of a conviction. Restoration of such
license shall be made as in the case of a
suspension of license.
35 P.S § 780-123
Pursuant to this provision, if your client pleads
guilty, nolo contendere, or has been convicted of
any misdemeanor under the Drug Act, including
paraphernalia, the Board is authorized to
automatically suspend a healthcare license, for a
period not to exceed one year.1
Under 35 P.S. § 780-117, Probation Without
a Verdict, once the terms and conditions of
probation are fulfilled, the Court shall discharge
the case without adjudication of guilt and it
shall not constitute a conviction for any purpose.
However, it is important to note that a plea
under § 780-117 of the Drug Act is considered a
conviction under the licensing statutes. As such,
entry of a plea under this statute will trigger
an automatic suspension.2 Entry into the ARD
Program will not trigger the automatic one (1)
year suspension.
Vol. 5, Issue 2 l For The Defense
17
For the Defense - Vol. 5, Issue 2
Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 2
Contents
For the Defense - Vol. 5, Issue 2 - 1
For the Defense - Vol. 5, Issue 2 - 2
For the Defense - Vol. 5, Issue 2 - Contents
For the Defense - Vol. 5, Issue 2 - 4
For the Defense - Vol. 5, Issue 2 - 5
For the Defense - Vol. 5, Issue 2 - 6
For the Defense - Vol. 5, Issue 2 - 7
For the Defense - Vol. 5, Issue 2 - 8
For the Defense - Vol. 5, Issue 2 - 9
For the Defense - Vol. 5, Issue 2 - 10
For the Defense - Vol. 5, Issue 2 - 11
For the Defense - Vol. 5, Issue 2 - 12
For the Defense - Vol. 5, Issue 2 - 13
For the Defense - Vol. 5, Issue 2 - 14
For the Defense - Vol. 5, Issue 2 - 15
For the Defense - Vol. 5, Issue 2 - 16
For the Defense - Vol. 5, Issue 2 - 17
For the Defense - Vol. 5, Issue 2 - 18
For the Defense - Vol. 5, Issue 2 - 19
For the Defense - Vol. 5, Issue 2 - 20
For the Defense - Vol. 5, Issue 2 - 21
For the Defense - Vol. 5, Issue 2 - 22
For the Defense - Vol. 5, Issue 2 - 23
For the Defense - Vol. 5, Issue 2 - 24
For the Defense - Vol. 5, Issue 2 - 25
For the Defense - Vol. 5, Issue 2 - 26
For the Defense - Vol. 5, Issue 2 - 27
For the Defense - Vol. 5, Issue 2 - 28
For the Defense - Vol. 5, Issue 2 - 29
For the Defense - Vol. 5, Issue 2 - 30
For the Defense - Vol. 5, Issue 2 - 31
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For the Defense - Vol. 5, Issue 2 - 33
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For the Defense - Vol. 5, Issue 2 - 49
For the Defense - Vol. 5, Issue 2 - 50
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For the Defense - Vol. 5, Issue 2 - 52
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