Almusa, O. v. State Bd. Medicine

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

OMAR ALMUSA, M.D., : No. 409 MAL 2023 :

Petitioner :

: Petition for Allowance of Appeal : from the Order of the v. : Commonwealth Court : :

STATE BOARD OF MEDICINE, :

:

Respondent :

ORDER

PER CURIAM

AND NOW, this 3rd day of April, 2024, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

(1) Did the Commonwealth Court err when it concluded that Sections 40(b) and 43(b) of the Medical Practice Act [of 1985], 63 P.S. §§ 422.40(b) and 422.43(b), impose a minimum [10]-year automatic suspension for a felony drug conviction and do not require distinct and separate [State Board of Medicine] actions?

(2) Did the Commonwealth Court err when it concluded that granting Dr. Almusa a reinstatement hearing would constitute a retroactive application of [Section 3113(f) of the Act of July 1, 2020, P.L. 575 (Act 53), 63 Pa. C.S. § 3113(f)]?

(3) Does the rule of lenity support granting Dr. Almusa a reinstatement hearing?