Court strikes down mandatory waiting period for reinstatement

The Commonwealth Court of Pennsylvania, in a January 8 ruling, struck down a decision by the state’s medical board to impose a mandatory 5-10-year waiting period for license reinstatement by a doctor suspended for violations of Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act.  The statutory scheme relied on by the board, the court held, was confusing and contradictory, and the issue decided in the case was similar to that of another recent decision, McGrath v. Bureau of Professional and Occupational Affairs, which involved the discipline of nursing licensees under the Act.

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