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JACK H. PINCUS v. COMMONWEALTH PENNSYLVANIA (01/27/81)

decided: January 27, 1981.

JACK H. PINCUS, M.D., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF MEDICAL EDUCATION & LICENSURE, RESPONDENT



Appeal from the Order of the State Board of Medical Education and Licensure in the case of State Board of Medical Education and Licensure v. Jack Howard Pincus, M.D. No. MD-24752-L.

COUNSEL

Stanton D. Levenson, for petitioner.

Kenneth E. Brody, Assistant Attorney General, with him Edward Biester, Attorney General, for respondent.

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

Author: Mencer

[ 56 Pa. Commw. Page 330]

Jack Howard Pincus, M.D., the holder of a license to practice medicine in the Commonwealth of Pennsylvania, has appealed from an order of the State Board of Medical Education and Licensure (Board) revoking his license to practice his profession for a period of 1 year, after which time he shall be entitled to apply for the restoration of his license.

On February 7, 1979, the Board issued a citation and notice of hearing, charging Dr. Pincus with violations of Section 15(a)(3), (6), and (8) of the Medical Practice Act of 1974,*fn1 the provisions of which read as follows:

(a) The board shall have authority to refuse, revoke or suspend the license of a physician for any or all of the following reasons:

(3) Being convicted of a felony in the courts of this Commonwealth or any other state, territory or country. Conviction as used in this paragraph shall include a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere.

(6) Violating a lawful regulation promulgated by the board or violating a lawful order of the board, previously entered by the board in a disciplinary proceeding.

(8) Being guilty of immoral or unprofessional conduct. Unprofessional conduct shall include any departure from, or the failure to conform to, the standards of acceptable and prevailing medical practice, in which proceeding

[ 56 Pa. Commw. Page 331]

    actual injury to a patient need not ...


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