60 Pa. Commw. 543 | Pa. Commw. Ct. | 1981
Opinion by
The petitioner, William Derrick, appeals from an order of the State Board of Nurse Examiners (Board) which revoked his license to practice as a registered nurse.
The petitioner had been a registered nurse for three years when, on October 26,1976, while employed by St. Clair Hospital in Pittsburgh, he was arrested on
The Board revoked the petitioner’s license pursuant to Section 14(4) of the Professional Nursing Law (Nursing Law), Act of May 22, 1951, P.L. 317, as amended, 63 P.S. §224(4), which provides that the Board may suspend or revoke a license where the Board finds that “[t]he licensee has committed fraud or deceit in the practice of nursing. ...” This appeal followed, and we affirm the Board.
The Board’s finding of fraudulent conduct is clearly based on substantial evidence. The petitioner admitted that he had misappropriated morphine sulphate and he stipulated that he had been convicted of that offense.
The petitioner contends that his conduct did not constitute fraud “in the practice of nursing” because he did not use the names of actual patients to obtain the drugs and because his conduct did not affect the health care of any patients. We have recently held, however, that the statutory proscriptions against fraud in the practice of a health profession are not limited to conduct directly affecting the care of patients, but encompass “all aspects of professional con
Order
And Now, this 16th day of July, 1981, the order of the State Board of Nurse Examiners in the above-captioned case is affirmed.