HomeMy WebLinkAbout80-022 PenzurLeon N. Penzur, D.D.S.
1920 Pine Street
Philadelphia, PA 19103
Dear Dr. Penzur:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 21, 1980
OPINION OF THE COMMISSION
#80 -022
In your letter of April 2, 1980, you sought the advice of the
State Ethics Commission concerning the appointment of members to
the State Dental Council and Examining Board. You specifically
requested an opinion as to whether a prohibited conflict of
interest exists by reason of the Pennsylvania Dental Assocation's
texclusive role in the selection of six members of the State Dental
Council and Examining Board.
Section 414 of the Administrative Code of 1929, Act of April
9, 1929, P.L. 177, Art. IV, as amended, 71 P.S. §124 provides that
the State Dental Council and Examining Board shall consist of the
President of the Pennsylvania State Dental Society, the Secretary
df Health, the Commissioner of Professional and Occupational
Affairs, and nine persons, at least two of whom shall represent the
public and one of whom shall be a dental hygienist. As noted in your
letter, Section 414 authorizes the Governor to select six members of
the Council from candidates nominated exclusively by the Pennsylvania
State Dental Association. Also, as noted in your letter, the
Pennsylvania Supreme Court has declared unconstitutional that portion
of Section 414 of the Administrative Code providing for the appointment
of the President of the State Dental Society to the State Dental
Council and Examining Board. Commonwealth of Pa. ex rel. v. McKechnie,
358 A.2d 419 (1976).
It is the Commission's opinion that in light of the Supreme Court's
decision in McKechnie, the nomination and appointment process set out
in Section 414 of the Administrative Code does not violate Act 170. A
prohibited conflict of interest would arise if a member of the State
Dental Council and Examining Board continued to serve as an officer in
the State Dental Association.
Leon N. Penzur, D.D.S.
May 21, 1980
Page 2
Pursuant to Section 7(9)(i), this opinion is a complete defense
in any enforcement proceeding initiated by the Commisson, and
evidence of good faith conduct in any other civil or criminal
proceeding, providing the requestor has disclosed truthfully all
the material facts and committed the acts complained of in reliance
on the advice given.
PJS /rdp
This letter is a public record and will be made available as such.
cc: Stanley Miller, Commissioner
618 Transportation & Safety Building
6th Floor
Bureau of Professional & Occupational
Affairs
cc: Donald S. Mayes, D. D. S.
Vice - President - Dental Affiars
Pennsylvania Blue Shield
Camp Hill, PA 17011
i
PAUL J.
Chairma