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Home My WebLink About80-022 MayesC Donald S. Mayes, D.D.S. Vice President - Dental Affairs Pennsylvania Blue Shield Camp Hill, PA 17011 Dear Dr. Mayes: a: May 21, 1980 OPINON OF THE COMMISSION 80 -022 In your letter of April 9, 1980, to the State Ethics Commission, you raised a number of questions concerning the appointement of members to the State Dental Council and Examining Board. You specifically asked whether a prohibited conflict of interest exists by reason of the Pennsylvania Dental Association's exclusive 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.O. 177, Art IV, as amended, 71 P.S. §124 provides that the State Dental Council and Examining Baord shall consist of the President of the Pennsylvania State Dental Society, the Secretary of Health, the Commissioner of Professional and Occupational Affaris 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 uncon- stitutional that portion of Section 414 of the Administrative Code providing 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. As to your remaining questions concerning the consti- tutionality of Section 414 and its alleged discriminatory effect on non - members of the Pennsylvania Dental Association, please be advised that the State Ethics Commission is without authority to address such matters. C Donald S. Mayes, 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 PAUL J. —1-74 /SMITH Chairma: