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DAVID C. BENNIGHOF v. COMMONWEALTH PENNSYLVANIA (11/04/83)

decided: November 4, 1983.

DAVID C. BENNIGHOF, 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 the case of State Board of Medical Education and Licensure v. David C. Bennighof, M.D., File No. 79-ME-67.

COUNSEL

Stanton D. Levenson, for petitioner.

James J. Kutz, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, Chief Special Litigation, and LeRoy S. Zimmerman, Attorney General, for respondent.

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

Author: Williams

[ 78 Pa. Commw. Page 213]

David C. Bennighof, M.D. (Petitioner), appeals from a State Board of Medical Education and Licensure (Board) adjudication and order suspending his medical license for thirty days pursuant to Section 15 of the Medical Practice Act of 1974 (Act).*fn1

On December 1, 1978, Petitioner pleaded guilty in the United States District Court for the Western District of Pennsylvania to five counts of Medicare fraud involving thirty-nine patients during a period from 1974 to 1976. Petitioner was sentenced to two years probation, fined $20,000 and ordered to make restitution of $1026. In a separate proceeding, Petitioner was suspended from the Medicare program for eighteen months.

The Board subsequently issued a citation and notice of hearing on November 1, 1979, charging Petitioner with violating Section 15(a)(2), (3), (6) and (8) of the Act, 63 P.S. ยง 421.15(a)(2), (3), (6) and (8), which, absent paragraph (8),*fn2 reads 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:

(2) Making misleading, deceptive, untrue or fraudulent representations in the practice of medicine; practicing fraud or deceit in obtaining a license to practice medicine and surgery; or making a fake or deceptive biennial registration with the Board.

[ 78 Pa. Commw. Page 214]

(3) Being convicted of a felony in the Courts of this Commonwealth or any other state, territory or county. 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*fn3 promulgated or violating a lawful order of the Board, previously entered by the ...


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