Posts tagged "CHIRA"

Licensure Applications -- Disclosing a Record -- Part 2 -- Evidence of Recovery, Rehabilitation, and Redemption

In my last blog I wrote about real estate applicant who failed to disclose on his Real Estate Commission application a criminal conviction. Upon discovery the Commission revoked his license and the Commonwealth Court approved of the action. Today's blog involves the exact opposite result for one of my physician clients. On October 14, 2014 Dr. Christopher Elder, a Texas licensed physician, submitted an application to Pennsylvania's Medical Board for a license to practice medicine and surgery. Unlike Hawes, Elder disclosed a 2010 federal conviction for aiding in abetting and conspiracy to distribute controlled substances in violation of 21 U.S.C. §§ 841 and 846. On April 2, 2015 the Pennsylvania Medical Board provisionally denied Elder's application. The Board maintained the Criminal History Record Information Act, 18 Pa. C.S. § 9124(c)(1) (CHIRA), authorized licensure denial because of Elder's felony conviction. The Board also denied licensure, maintaining Elder lacked good moral character and did not possess the requisite training and experience. Elder appealed the conditional denial of licensure. At the hearing before a the Hearing Officer Elder presented his credentials, training and experience, the facts of the criminal case, and character evidence. Consistent with prior Pennsylvania Supreme Court precedent, Elder maintained the criminal conviction was too remote for the Board to determine such affected his current ability to do his job lawfully. Elder's mitigating evidence established his minor role in the criminal case and his rehabilitation since release from prison. The Hearing Officer weighed Elder's witness' credibility and Elder's mitigating evidence. He ruled in Elder's favor, stating that while Elder's criminal conduct demonstrated moral turpitude at the time of its commission, Elder presented persuasive evidence of his rehabilitation and present moral fitness to practice medicine. A period of probation was required to allow Elder the ability to secure appropriate supplemental educational classes for competency.

Criminal Conduct and Pennsylvania's Licensing Board Disciplinary Review

I routinely write about the overbearing criminal conduct and disciplinary environment that currently exists for Pennsylvania licensees. On May 10, 2018 Commonwealth Court decided Levengood v. BPOA. This cases involves a car salesperson's license and the excessive discipline this Board handed down. In this case, along with several other recent Commonwealth Court decision, the court rejects as excessive and manafestly unreasonable discipline that goes too far - such as revoking licenses and imposing civil penalties - when the facts do not warrant it.

Email Us For A Response

Ask About Your Options

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Philadelphia Office
1835 Market Street, Suite 2626
Philadelphia, PA 19103

Toll Free: 877-442-7552
Phone: 215-665-0766
Fax: 215-665-1225
Philadelphia Law Office Map

King of Prussia Office
Valley Forge Towers
Suite 107
2000 Valley Forge Circle
King of Prussia, PA 19406

Toll Free: 877-442-7552
Map & Directions

Cherry Hill Office
1101 Route 70 West
Cherry Hill, NJ 08002

Toll Free: 866-427-4552
Phone: 856-354-0050
Fax: 856-454-0440
Map & Directions

Review Us