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GEORGE THOMAS DUDA v. COMMONWEALTH PENNSYLVANIA (11/02/78)

decided: November 2, 1978.

GEORGE THOMAS DUDA, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF PHARMACY, RESPONDENT



Appeal from the Order of the State Board of Pharmacy in case of In the Matter of the Revocation of a Pharmacy License, No. 20303, issued November 10, 1949, to George Thomas Duda, dated May 26, 1977.

COUNSEL

Larry P. Gaitens, with him Lucchino, Gaitens & Hough, for petitioner.

William J. Wheeler, Jr., Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

President Judge Bowman and Judges Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle and MacPhail. Judges Crumlish, Jr. and Craig did not participate. Opinion by Judge Rogers.

Author: Rogers

[ 38 Pa. Commw. Page 379]

George Thomas Duda, a pharmacist, has filed a petition for review of an order of the State Board of Pharmacy suspending his license to practice pharmacy for a period of thirty days. We granted a supersedeas and we now reverse the Board's order.

Mr. Duda pleaded guilty to two charges of violating Section 13(a)(28) of The Controlled Substance, Drug, Device and Cosmetic Act (Drug Act), Act of April 14, 1972, P.L. 233, as amended, 35 P.S. § 780-113(a)(28), which provides:

(a) The following acts and the causing thereof within the Commonwealth are hereby prohibited:

[ 38 Pa. Commw. Page 380]

(28) The furnishing of false or fraudulent material information in or omission of any material information from any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act.

Subsection (c) of Section 13 of the Drug Act denominates a violation of clause 28 of Section 13(a) a misdemeanor.

The Board suspended the petitioner's license pursuant to Section 5 of the Pharmacy Act, Act of September 27, 1961, P.L. 1700, 63 P.S. § 390-5 and its own regulations to be found at 49 Pa. Code § 27.18(u) Section 5 of the Pharmacy Act provides:

(a) The board shall have the power to revoke or suspend the license of any pharmacist upon ...


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