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ELIAS I. YURICK v. COMMONWEALTH PENNSYLVANIA (06/06/79)

decided: June 6, 1979.

ELIAS I. YURICK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, BOARD OF OSTEOPATHIC EXAMINERS, RESPONDENT



Appeal from the Order of the State Board of Osteopathic Examiners in case of In the Matter of the Suspension or Revocation of a License to Practice as an Osteopath, License No. OS2232, Issued February 16, 1966, to Elias I. Yurick.

COUNSEL

John J. Dean, for appellant.

Lenora M. Smith, Assistant Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Crumlish.

Author: Crumlish

[ 43 Pa. Commw. Page 249]

Elias I. Yurick, an osteopathic physician, appeals from an order of the State Board of Osteopathic Examiners (Board) dated October 24, 1977, revoking his license to practice in the Commonwealth based on his alleged violation of Section 14 of the Act of March 19, 1909, P.L. 46, as amended, 63 P.S. § 271 (Osteopathic Law), which provides in part:

The State Board of Osteopathic Examiners may refuse, revoke, or suspend the right to practice osteopathy and surgery in this State upon any or all of the following reasons, to wit: The conviction of a crime involving moral turpitude . . . unethical conduct. . . .

Did the Board's revocation hearing comport with procedural due process and did it have before it substantial evidence to support its findings that Yurick was convicted of a crime involving moral turpitude,

[ 43 Pa. Commw. Page 250]

    and was he guilty of unethical conduct? We hold that the record dictates an affirmative answer to both queries.

In appeals from decisions of the State Board of Osteopathic Examiners, our duty is to affirm the decision of the Board unless we determine that it violates the appellant's constitutional rights, that it is not in accordance with law, or that any of the Board's necessary findings of fact are unsupported by substantial evidence, the Administrative Agency Law, 2 Pa. C.S. § 704.

On August 18, 1975, Yurick, in the United States District Court, Western District of Pennsylvania, was convicted of conspiracy in violation of 18 U.S.C. § 371 and of using the mails to defraud in violation of 18 U.S.C. § 1341, and was sentenced to a total of four years imprisonment together with a $7,000 fine. On July 27, 1976, Yurick was convicted of conspiracy to distribute and possess Schedule II controlled substances in violation of 21 U.S.C. § 841(a)(1)*fn1 by a Federal District Court jury. On August 24, 1976, on these convictions, a sentence of three years imprisonment, coupled with a mandatory term of three years of special supervised parole upon release, was imposed.

On October 12 and October 14, 1976, Yurick was given notice by the Board that a formal hearing would be held on November 4, 1976, to determine whether these convictions were violations of the Osteopathic Law warranting suspension or revocation of his license. Both notices advised Yurick of his right to legal counsel. He sought a hearing delay because his counsel was otherwise engaged on the hearing date and he contended that he had not received ...


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