IN THE COMMONWEALTH COURT OF PENNSYLVANIA Venus Q. Dunagan, L.P.N., : Petitioner : : No. 546 C.D. 2018 v. : : Argued: December 13, 2018 Bureau of Professional and : Occupational Affairs, : State Board of Nursing, : Respondent : BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE MICHAEL H. WOJCIK, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE McCULLOUGH FILED: April 10, 2019 Venus Q. Dunagan (Petitioner) petitions for review of the March 29, 2018 order of the Bureau of Professional and Occupational Affairs, State Board of Nursing (Board), which suspended her practical nursing license for six months pursuant to section 16(a)(5) of the Practical Nurse Law (Law),1 based upon her plea of nolo contendere to one count of disorderly conduct, a misdemeanor of the third degree. Petitioner holds a license to practice as a practical nurse, which was issued on July 16, 2014, and current through July 30, 2018. On July 21, 2015, 1 Act of March 2, 1956, P.L. (1955) 1211, as amended, 63 P.S. §666(a)(5). Petitioner was arrested and charged with three drug-related offenses.2 The charging document listed the three counts for the drug-related offenses; however, there was a handwritten addition of a fourth count, stating “Count IV: Disorderly Conduct 18 [Pa.C.S. §]5503(a)(1)[3] engaged in tumultuous behavior during the execution of a search warrant.” (Reproduced Record (R.R.) at 15a.) On March 3, 2016, Petitioner entered a plea of nolo contendere to the count of disorderly conduct, as a third degree misdemeanor,4 and was sentenced to a non-reporting 12-month probationary period with costs. The other three charges were nolle prossed. (R.R. at 129a, 135a; Board’s Finding of Fact (F.F.) Nos. 8-10.) On April 4, 2016, the Commonwealth, through its prosecuting attorney, filed a one-count order to show cause why Petitioner’s license should not be suspended or restricted, or a civil penalty imposed for violating the Law. Petitioner filed an answer and new matter admitting she pleaded nolo contendere to one count 2 Petitioner was charged with (1) manufacturing, delivery, or possession with intent to manufacture or deliver, a felony; (2) possession of marijuana, a misdemeanor; and (3) use or possession of drug paraphernalia, a misdemeanor. In the police report, the officer stated that, having received a call of possible drug activity, he responded to Petitioner’s house and observed seven marijuana plants on Petitioner’s porch, “right outside the entrance door to the apartment.” (R.R. at 120a.) Petitioner and her husband acknowledged the plants and stated they were “growing the marijuana for experimental purposes and only used it for themselves.” Id. Upon searching the apartment, the officer found two small containers of marijuana and numerous items of drug paraphernalia. Id. 3 This section states, “A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior[.]” 18 Pa.C.S. §5503(a)(1). 4 Disorderly conduct is “a misdemeanor of the third degree if ...
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