McGrath v. Bureau of Professional & Occupational Affairs, State Board of Nursing

OPINION

CHIEF JUSTICE SAYLOR

This appeal by allowance involves the automatic suspension of a nursing license based on a felony drug conviction. The question raised is whether, under the governing statute, reinstatement of the license is precluded for a fixed period of ten years, or is instead permitted at an earlier date subject to the discretion of the state nursing board.

The nursing profession in Pennsylvania is overseen by the State Board of Nursing (the “Board”), an arm of the Bureau of Professional and Occupational Affairs (the “Bureau”), which in turn is part of Pennsylvania’s Department…