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WILLIAM P. FLICKINGER v. COMMONWEALTH PENNSYLVANIA (01/18/82)

decided: January 18, 1982.

WILLIAM P. FLICKINGER, D.C., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF STATE ET AL., RESPONDENTS



Appeal from the Order of the Department of State, Bureau of Professional and Occupational Affairs in case of In the Matter of the Suspension or Revocation of the Chiropractic License, License No. DC-000924-L, issued March 13, 1959, to William P. Flickinger, D.C.

COUNSEL

William R. Balaban, Balaban and Balaban, for petitioner.

John J. Flynn, Counsel, with him, James J. Kutz, Chief Counsel and David F. Phifer, General Counsel, for respondents.

Judges Mencer, Williams, Jr. and Palladino, sitting as a panel of three. Opinion by Judge Williams, Jr. This decision was reached prior to the expiration of the term of office of Judge Palladino.

Author: Williams

[ 64 Pa. Commw. Page 149]

This is an appeal by Dr. William P. Flickinger, a chiropractor, from the 60-day suspension of his professional license by the State Board of Chiropractic Examiners (Board). The doctor's suspension followed his having pled guilty to certain offenses under the Pennsylvania Crimes Code.*fn1

Dr. Flickinger was licensed as a chiropractor in 1959. On September 12, 1977, he pled guilty, in the Court of Common Pleas of McKean County, to 26 counts of Theft by Deception*fn2 and 26 counts of Tampering with Public Records.*fn3 Dr. Flickinger had initially been charged with 160 such counts. Each count alleged that the doctor had submitted to the state Department of Public Welfare a payment invoice for the treatment of a welfare patient, representing on the invoice that he had rendered such treatment on a given date. Each count further alleged that the doctor had, pursuant to the invoices, received payment from the Department of Public Welfare, when in fact he had not rendered treatment on the dates represented. The payments in question totaled $960.

As a result of his guilty plea, Dr. Flickinger was placed on probation for 2 years, conditioned upon his paying the costs of prosecution and making restitution to the state in the amount of $960.

In December 1977, the Board served the doctor with a citation and notice of hearing, directing him to appear before the Board and show cause why his chiropractor's license should not be suspended or revoked. The citation alleged the guilty plea and stated that the doctor's license was subject to suspension or

[ 64 Pa. Commw. Page 150]

    revocation by force of Sections 16(3) and 16(4) of the Chiropractic Registration Act of 1951 (Act).*fn4

Section 16 of the Act reads in part as follows:

The board, by a majority vote thereof, may refuse to grant and may suspend or revoke a license or a registration to any ...


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