Korch v. State Board of Physical Therapy

*948CONCURRING OPINION BY

Judge McGINLEY.

I concur in the majority’s conclusion that the removal of patient files from an employer’s premises does constitute “unprofessional conduct” within the interpretation of Section 11(a)(6) of the Act, 63 P.S. 1311(a)(6). However, I would further distinguish Kepler v. State Board of Physical Therapy, 720 A.2d 496 (Pa.Cmwlth.1998).

As the majority correctly notes, Kepler is distinguishable because Susan E. Kepler was an “independent contractor” and David A. Korch was an “employee.” However, the critical distinction is that Korch removed patient files from the…