E.J. Arowosaye, R.N. v. BPOA, State Board of Nursing
E.J. Arowosaye, R.N. v. BPOA, State Board of Nursing - 1410 C.D. 2016
| Pa. Commw. Ct. | Mar 28, 2017Background
- Petitioner Emily Arowosaye, RN, pleaded guilty in New Jersey to one count of third-degree Medicaid fraud and was sentenced to three years probation and $800,000 restitution (joint and several).
- New Jersey suspended and later reinstated her NJ nursing license with restrictions on billing and supervising billing-related activities.
- Pennsylvania issued an Order to Show Cause alleging Arowosaye’s NJ conviction implicated discipline under the Nursing Law (conviction/crime of moral turpitude) and the CHRIA (conviction related to the profession).
- A hearing examiner found the conviction constituted a crime of moral turpitude and recommended a two-year suspension (one year active, one year probation).
- The Board adopted most findings but revoked Arowosaye’s Pennsylvania nursing license, and conditioned any reinstatement petition after five years on full payment of the $800,000 NJ restitution.
- The Commonwealth Court affirmed the revocation but struck the Board’s condition requiring full restitution payment as a prerequisite to seeking reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NJ Medicaid fraud conviction supports discipline under Nursing Law and CHRIA | Arowosaye: conviction does not amount to moral turpitude and was not shown to be a misdemeanor related to nursing; record evidence about role should be considered | Board/Commonwealth: conviction is admissible evidence of crime of moral turpitude and grounds for discipline | Waived by petitioner for failure to file exceptions; court otherwise accepted Board’s conclusion that conviction supported discipline |
| Whether petitioner could present evidence about her role without collateral attack on conviction (Nguyen issue) | Arowosaye: permitted to explain role in underlying offense under Nguyen | Board: hearing examiner treated such attempts as collateral attack when inconsistent with plea | Waived by petitioner for failure to file exceptions; court did not decide merits due to waiver |
| Whether Board abused discretion by imposing revocation rather than recommended suspension | Arowosaye: recommended sanction was adequate; revocation excessive | Board: crime severity, large loss, and integrity of billing justify revocation | Court affirmed revocation — Board acted within statutory authority and did not abuse discretion |
| Whether conditioning reinstatement on full payment of NJ restitution was lawful | Arowosaye: condition effectively creates lifetime ban since payments are limited monthly; Board lacks authority to impose that prerequisite | Board: argued restitution payment appropriate rehabilitative/penal measure | Court held Board lacked authority to condition right to reapply after five years on full restitution; that portion of order stricken |
Key Cases Cited
- Nguyen v. Bureau of Prof. & Occupational Affairs, 53 A.3d 100 (Pa. Cmwlth. 2012) (scope of permitted evidence about underlying criminal conduct in licensing proceedings)
- Telang v. State Board of Medicine, 751 A.2d 1147 (Pa. 2000) (agency may impose sanctions greater than hearing examiner recommended)
- Bethea-Tumani v. Bureau of Professional & Occupational Affairs, 993 A.2d 921 (Pa. Cmwlth. 2010) (appellate court will not reweigh evidence or substitute its judgment for agency discretion)
- Slawek v. State Board of Medical Education & Licensure, 586 A.2d 362 (Pa. 1991) (agency actions must conform to statutory authority and law)
- Mostatab v. State Board of Dentistry, 881 A.2d 1271 (Pa. Cmwlth. 2005) (failure to file exceptions to proposed report waives objections)
- Metro Transportation Co. v. Pennsylvania Public Utility Commission, 525 A.2d 24 (Pa. Cmwlth. 1987) (procedural waiver principles for administrative appeals)
- Blumenschein v. Pittsburgh Housing Authority, 109 A.2d 331 (Pa. 1954) (judicial review requires agency action conform to law)