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PETER T. DEMARCO v. COMMONWEALTH PENNSYLVANIA (12/04/79)

decided: December 4, 1979.

PETER T. DEMARCO, M.D., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF MEDICAL EDUCATION AND LICENSURE, RESPONDENT



Appeal from the Order of the State Board of Medical Education and Licensure in case of In the Matter of the Suspension or Revocation of the License to Practice Medicine, License No. MD-26088, issued August 29, 1958, to Peter Thomas DeMarco, M.D., dated May 24, 1978.

COUNSEL

F. Emmett Fitzpatrick, with him Nicholas Kozay, for appellant.

William C. Kennedy, Assistant Attorney General, with him Paula F. Garrety, Assistant Attorney General, and Gerald R. Gornish, Attorney General, for appellee.

James McGirr Kelly, for amicus curiae, S.O.S. Association, Inc.

Judges Mencer, Rogers and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 47 Pa. Commw. Page 501]

This petition for review seeks reversal of an adjudication and order of the State Board of Medical Education and Licensure (Pennsylvania board) which revoked petitioner's license to practice medicine in Pennsylvania.

Petitioner had received his Pennsylvania medical license on August 28, 1958. Also licensed in New Jersey, his medical practice was conducted exclusively from an office in that state, but with Pennsylvania as well as New Jersey patients, until August 26, 1976,

[ 47 Pa. Commw. Page 502]

    at which time the New Jersey State Board of Medical Examiners (New Jersey board) suspended his New Jersey license.

Beginning in January, 1977, petitioner established his office in Morrisville, Pennsylvania and continued to practice. The Pennsylvania board issued to petitioner a citation and notice of hearing based upon (1) alleged noncompliance with the malpractice insurance requirements and (2) the New Jersey suspension. At a hearing in February, 1977, petitioner satisfied the Pennsylvania board that he complied with malpractice insurance requirements, and that board deferred action on the suspension charges until the New Jersey board issued a final order.

The New Jersey board held 27 days of hearings between March 7 and May 3, 1977 and, on January 12, 1978, pursuant to the recommendation of its hearing officer, the New Jersey board revoked petitioner's New Jersey license.*fn1 One of the causes for the revocation was hepatitis among petitioner's patients, found by ...


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