McGrath v. BPOA, Aplt.
5 WAP 2017
Pa.Nov 22, 2017Background
- Appellee (McGrath) pled guilty to a felony controlled-substance offense in 2013 and received probation without verdict; the Commonwealth petitioned to automatically suspend her Pennsylvania nursing license under 63 P.S. §225.1(b).
- Section 15.1(b) (automatic suspension on Controlled Substances Act felony) states that "Restoration of such license shall be made as hereinafter provided in the case of revocation or suspension of such license." Section 15 governs suspension/restoration generally; Section 15.2 addresses reinstatement after revocation and prescribes a five-year reapplication floor; Section 6(c) conditions initial licensure after a Controlled Substances felony on a ten-year waiting period plus rehabilitation showing.
- The Board concluded McGrath’s license would be suspended for ten years, treating automatic suspensions like revocations and applying Section 6(c)’s ten-year bar to reissuance.
- The Commonwealth Court (en banc) reversed: it held Section 15.1(b) did not eliminate the Board’s ordinary Section 15 discretion to restore an automatically-suspended (but not revoked) license and therefore rejected a mandatory ten-year bar to reinstatement.
- The Supreme Court of Pennsylvania affirmed the Commonwealth Court, concluding the 1985 legislative amendments show the "hereinafter provided" phrase refers to revocation procedures (Section 15.2) and does not strip the Board of discretion to reinstate an automatically-suspended license under Section 15; if the Board revokes a license later, Section 15.2 then applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an automatic suspension under §15.1(b) precludes earlier reinstatement and mandates a 10-year bar to reissuance | McGrath: automatic suspension should be restored under ordinary §15 procedures; Board retains discretion to reinstate earlier | Board: §15.1(b)'s "hereinafter provided in the case of revocation or suspension" imports §15.2 and §6(c), creating a 10-year prohibition before reissuance | Held: Board retains discretion under §15 to reinstate automatically-suspended (non-revoked) licenses; §15.2 (and ten-year bar for new applicants) applies only to revocations or initial applicants |
Key Cases Cited
- Packer v. Bureau of Prof’l & Occupational Affairs, State Bd. of Nursing, 99 A.3d 965 (Pa. Cmwlth. 2014) (intermediate court decision reading §15.1(b) to require a ten-year bar; later overruled)
- Pa. State Real Estate Comm’n v. Keller, 401 Pa. 454, 165 A.2d 79 (Pa. 1960) (punitive licensing provisions should be strictly construed against the government)
- Brown v. State Bd. of Pharmacy, 129 Pa. Cmwlth. 642, 566 A.2d 913 (Pa. Cmwlth. 1989) (suspended license retains property interest and is susceptible to revival)