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Vasilios "Bill" Kalogredis. Vasilios “Bill” Kalogredis.

On April 10, 2019, the Pennsylvania Commonwealth Court filed a decision in Dunagan v. Bureau of Professional and Occupational Affairs, State Board of Nursing, No. 546 C.D. 2018 (Pa. Commonwealth 2029), addressing a petition for review of the board’s decision. Even though the decision cannot be used as binding precedent, it nevertheless provides the nursing board and other professional boards with useful guidance. In response to the petition for review filed by petitioner, Venus Q. Dunagan, the court disagreed with the board’s application of Section 16(a)(5) of the Practical Nurse Law, which authorizes the board to suspend or revoke a license where the licensee has been convicted of or has pleaded guilty or nolo contendere to a crime of moral turpitude.

Dunagan, holds a practical nursing license, issued July 16, 2014. On July 21, 2015, Dunagan was arrested and charged with three counts for drug-related offenses and a count for disorderly conduct. On March 3, 2016, Dunagan entered a plea of nolo contendere to the count of disorderly conduct, as a third degree misdemeanor, and the other three charges were nolle prossed. The commonwealth, through its prosecuting attorney, filed an order to show cause why the petitioner’s license should not be suspended or restricted, or a civil penalty be imposed for violating the law. The petitioner appeared in a hearing held Sept. 6, 2016, and testified on her own behalf. Ultimately, the hearing examiner reviewed the elements of the crime of disorderly conduct, analyzed the petitioner’s actual sentence in comparison with her potential maximum sentence and concluded that her crime did not rise to the level of moral turpitude.

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