Appeal from the Order of the State Dental Council and Examining Board in case of In the Matter of the Suspension or Revocation of the License to Practice Dentistry, No. DS-010650-L issued August 3, 1942, to Louis J. Karageorge, D.D.S.
Heidi Beth Hamman, with her Edward S. Finkelstein, for petitioner.
Mary S. Wyatte, Assistant Counsel, with her David F. Phifer, Chief Counsel, for respondent.
Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Rogers.
[ 73 Pa. Commw. Page 214]
The petitioner, a dentist, has appealed for review of the order of the State Dental Council and Examining Board revoking his license to practice his profession.
The petitioner entered a plea of nolo contendere in the Court of Common Pleas of Allegheny County to an indictment in four counts, all felonies, charging that he sold or dispensed controlled substances without a prescription in violation of Section 113(14), 35 P.S. § 780-113(a)(14), of the Controlled Substance, Drug, Device and Cosmetic Act (Drug Act), Act of April 14, 1972, P.L. 233, as amended, 35 P.S. § 780-101 et seq. As a first time offender, he was placed on probation without verdict, for five years, pursuant to Section 17 of the Drug Act, 35 P.S. § 780-117.
The State Dental Council and Examining Board thereupon issued a citation and notice of hearing concerning the petitioner's license based upon the petitioner's
[ 73 Pa. Commw. Page 215]
pleas of nolo contendere pursuant to both Section 3(i) of the Dental Law, Act of May 1, 1933, P.L. 216, 63 P.S. § 122(i) and Section 23(b) of the Drug Act, 35 P.S. § 780-123(b).
Section 3(i) of the Dental Law gives the board power
[T]o suspend and revoke . . . the license or registration of any licensee who has been guilty of a crime or misdemeanor involving moral turpitude; . . . or of unprofessional conduct, detrimental or ...