Barran v. State Board of Medicine

In Barran v. State Board of Medicine, 670 A.2d 765 (Pa. Cmwlth), petition for appeal denied, 544 Pa. 685, 679 A.2d 230 (1996). Dr. Peter D. Barran (Barran) had applied to the Pennsylvania State Board of Medicine (Medical Board) for licensure after his license to practice medicine was revoked in Massachusetts because of mental instability. Id. at 767. Barran fatally assaulted his housemate with a claw hammer after the housemate ended their relationship. Id. Barran pled guilty to voluntary manslaughter, after he initially pled not guilty by reason of insanity. Id. Following an early release from prison, Barran applied to the Medical Board for licensure which was provisionally denied. After a hearing, the Examiner recommended that Barran receive a medical license. The Medical Board disagreed with the examiner's recommendations and denied Barran's application. Id. On appeal to this Court, Barran asserted, among other issues, that the Medical Board improperly commingled its functions when it preliminarily denied his application before the entry of the final Adjudication of Denial. The Court rejected Barran's argument: Unlike Lyness, the subject matter here was an application for a medical license, initiated by Barran, where the Board based its provisional denial on the information disclosed by Barran. The Board did not institute disciplinary or other prosecutorial action against Barran; it merely issued the provisional license denial, granted Barran's request for a hearing to afford him an opportunity to demonstrate his fitness for licensure and thereafter determined, upon a full review of the record, that Barran should not be licensed to practice medicine in Pennsylvania. Barran has not established bias or otherwise proved an impermissible commingling of functions performed by the Board.Id. at 771.