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Long v. Bureau of Professional and Occupational Affairs

Commonwealth Court of Pennsylvania

March 30, 2015

Karl Gerard Long, D.P.M., Petitioner
v.
Bureau of Professional and Occupational Affairs, State Board of Podiatry, Respondent

Submitted November 7, 2014

Page 672

Appealed fro No. 1178-44-13. State Agency: State Board of Podiatry.

Kathryn L. Simpson, Harrisburg, for petitioner.

Wesley J. Rish, Counsel, Harrisburg, for respondent.

BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE JAMES GARDNER COLINS, Senior Judge.

OPINION

Page 673

COLINS,  SENIOR JUDGE

Karl Gerard Long, D.P.M., (Petitioner) petitions for review of an order by the State Board of Podiatry (Board) denying Petitioner's petition for reinstatement of his license to practice podiatric medicine (Reinstatement Petition). For the reasons that follow, we affirm the Board's order.

Petitioner was issued a license to practice podiatric medicine in Pennsylvania on September 30, 1985. (Board Adjudication and Order (Adjudication), Finding of Fact (F.F.) ¶ 2.) On August 20, 2003, Petitioner was found guilty of murder of the third degree for the killing of his wife following a jury trial in the Court of Common Pleas of Westmoreland County. ( Id., F.F. ¶ 4.) The murder occurred on October 3, 1999 and the cause of death was asphyxiation. ( Id., F.F. ¶ ¶ 5, 6.) Petitioner was sentenced by the trial court to a term of imprisonment of five to ten years, and he was ordered to pay restitution to the victim's parents. ( Id., F.F. ¶ 12.) Petitioner appealed his conviction and the failure of the trial court to give him credit for time served on electronic home monitoring, and the Commonwealth appealed the sentence as too lenient; the Superior Court affirmed Petitioner's conviction and sentence. ( Id., F.F. ¶ ¶ 13, 14; Nov. 13, 2014 Hearing Transcript (H.T.) Exs. C-2, C-3, Reproduced Record (R.R.) at 104-140; Commonwealth v. Long, (Pa. Super., Nos. 1, 876 A.2d 465, filed 2005).)

Page 674

As a result of Petitioner's murder conviction, the Board, on September 9, 2004, issued an order revoking Petitioner's license to practice podiatric medicine in the Commonwealth pursuant to Section 16(a)(2) of the Podiatry Practice Act (Act).[1] (Adjudication, F.F. ¶ 3; H.T. Ex. C-1, R.R. at 90-103.) Section 16(a)(2) provides that the Board may revoke or cancel a license where a licensee is found guilty " of felony charges or an offense in connection with the practice of podiatric medicine or involving moral turpitude by a court of competent jurisdiction, or a jury." 63 P.S. § 42.16(a)(2). Petitioner held a license to practice podiatric medicine in Massachusetts at the time of his conviction; this license was also revoked. (Adjudication, F.F. ¶ 16.)

During Petitioner's term of incarceration, he applied for parole four times and was denied each of these times. ( Id., F.F. ¶ ¶ 17-21; H.T. Ex. C-4, R.R. at 141-149.) Petitioner was ultimately released upon the expiration of the maximum term of his sentence on July 3, 2012. (Adjudication, F.F. ¶ 22.) Following his release, Petitioner obtained employment as a construction laborer and held a position as a brick mason tender for a masonry contractor at the time of the hearing. ( Id., F.F. ¶ 25.) Petitioner has attempted to stay up to date on current developments in podiatry and has obtained 59 continuing education credits since his release. ( Id., F.F. ¶ 27.)

Petitioner submitted the Reinstatement Petition to the Board on June 19, 2013, and the Board designated a hearing examiner to hold a hearing. A hearing was held in Harrisburg on November 13, 2013, at which Petitioner testified along with five witnesses who testified as to Petitioner's good character. Prior to the hearing, Petitioner filed a motion to permit the telephonic testimony of six additional ...


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