Kearney v. Bureau of Professional & Occupational Affairs
172 A.3d 127
Pa. Commw. Ct.2017Background
- Kearney, a licensed physician assistant, pled guilty in 2011 to a felony CSA offense after admitting diversion and personal use of controlled substances; he was sentenced but later enrolled in and completed a county Drug Court program.
- The trial court dismissed the charges upon his successful completion of the program and the criminal record was later expunged.
- The State Board of Medicine had automatically suspended his PA license under the Medical Practice Act for a felony CSA ‘‘conviction’’ and denied his 2014 petition for reinstatement, treating his plea statements as an ‘‘admission of guilt’’ constituting a conviction.
- A Hearing Examiner found Kearney had demonstrated fitness to practice but concluded he was ineligible to petition for reinstatement until ten years from the date of conviction.
- The Board adopted the Hearing Examiner’s legal conclusion and kept the indefinite suspension in place; Kearney appealed to the Commonwealth Court.
- The Commonwealth Court reversed, holding that where charges are dismissed following completion of a rehabilitative program and the record is expunged (functionally equivalent to ‘‘probation without verdict’’), those plea statements/records cannot be treated as a conviction for license-suspension purposes and licensing boards may not rely on expunged convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kearney’s plea statements constituted a "conviction" under the Medical Practice Act so as to trigger automatic suspension and a ten-year reinstatement bar | Kearney: completion of Drug Court, dismissal, and expungement mean he is in "pre-conviction" status; plea statements cannot be treated as a conviction and doing so thwarts rehabilitation | Board: plea colloquy and on-the-record admission qualify as an "admission of guilt" and thus a "conviction" under the Act | Court: Reversed Board — where disposition functions like CSA probation-without-verdict and record is expunged, plea statements/expunged record cannot be used as a conviction for licensing action |
| Whether the Board could rely on expunged criminal records or statements for licensing decisions | Kearney: CHRIA and CSA expungement provisions bar licensing boards from considering expunged convictions | Board: relied on Act’s definition of conviction (includes admission of guilt) to justify consideration | Court: CHRIA §9124(b)(2) prohibits licensing agencies from using expunged convictions; Board erred as it relied exclusively on an expunged record |
| Whether Drug Court completion is functionally equivalent to CSA’s probation-without-verdict or ARD such that a conviction never occurred | Kearney: Drug Court is rehabilitative and mirrors probation-without-verdict/ARD, producing dismissal and expungement | Board: emphasized admissions in plea colloquy as dispositive regardless of later dismissal | Court: Drug Court disposition equates to probation-without-verdict in effect; dismissal and expungement bar treating prior plea as conviction |
| Whether factual findings about Kearney’s present fitness to practice were correctly decided | Kearney: Hearing Examiner found he had established fitness; he sought Board to act on that finding | Board: refused to reach fitness issue because of legal ineligibility to petition for reinstatement | Court: Remanded — Board must consider whether Hearing Examiner erred and determine fitness given reversal of legal barrier |
Key Cases Cited
- Carabello v. Bureau of Professional Occupational Affairs, State Board of Pharmacy, 879 A.2d 873 (Pa. Cmwlth.) (expunged plea evidence inadmissible for licensing suspension)
- Carlson v. Warren County School District, 418 A.2d 810 (Pa. Cmwlth.) (probation-without-verdict and expungement render no judgment for employment/licensing use)
- Klinger v. Dep’t of Transp., Bureau of Driver Licensing, 856 A.2d 280 (Pa. Cmwlth.) (CSA probation-without-verdict held plea in abeyance; successful completion requires expungement and record not to be used)
- Benn v. Commonwealth, 675 A.2d 261 (Pa.) (expungement required and the record cannot be regarded for any purpose)
- Herberg v. State Board of Medical Education and Licensure, 442 A.2d 411 (Pa. Cmwlth.) (admissions of guilt via guilty pleas can constitute convictions where plea remains of record)
- Cannizzaro v. Dep’t of State, Bureau of Professional and Occupational Affairs, 564 A.2d 564 (Pa. Cmwlth.) (CHIRA authorizes licensing boards to act on convictions but within statutory limits)
- Foxworth v. Pennsylvania State Police, 402 F. Supp. 2d 523 (E.D. Pa.) (federal decision enforcing CHIRA limits on licensing agencies’ use of expunged records)