Brown v. Com., State Bd. of Pharmacy

I agree with the majority opinion insofar as it concludes that one possesses a property right in a suspended license. I dissent, however, from that portion of the opinion which concludes that there has been an impermissible retroactive application of the pertinent statute to Petitioner’s case.

The Board held that Petitioner could not apply for reinstatement until ten years after his conviction date. It based its determination on the ten-year limitation appearing in Section 5(d) of the Pharmacy Act,1 63 P.S. § 390-5(d), which Section, as noted by the majority, did not become effective until…