Rafferty v. Commonwealth

Dissenting Opinion by

Judge Doyle:

I respectfully dissent. I cannot agree with the majority that in order to suspend or revoke a nurse’s license, the Board is required to find specific intent to violate the nursing regulations. Leukhardt v. State Board of Nursing Examiners, 44 Pa. Commonwealth Ct. 318, 403 A.2d 645 (1979) does not so hold and cannot be construed to support such a requirement. The majority’s holding allows a nurse guilty of a knowing and clear breach of an established hospital procedure to defend on the basis that in so acting contrary to proper medical procedure she/he did not…