63-7 (Nursing). Ms. Miller was working for the Starmed Staffing Group (“Starmed”), and, in January 2002, she had been contracted for thirteen weeks to the Cookeville Regional Medical Center. Accordingly, she explained that she “lost a lot of sleep” and was “stressed out” because she was convinced that she would be returned to jail if she was arrested again while on probation. While the letter proves Ms. Miller has not mastered the fine points of the rules of grammar and spelling, the mere length, organization, and content of the letter provided insufficient basis for concluding that Ms. Miller is unfit to practice nursing. State v. Sims, 746 S.W.2d 191, 199 (Tenn.1988). However, nowhere in its notice of charges did the Division request that Ms. Miller's license be suspended because she was psychologically impaired.1 During the contested case hearing, the Division presented no evidence, in the form of expert opinions, that Ms. Miller was psychologically unfit to practice nursing. § 4-5-322(h)(5). Doug Ducey Joey Ridenour Governor Executive Director Arizona State Board of Nursing 1740 W Adams Street Suite 2000 Phoenix. The Division's original notice of charges requested that two $500 civil penalties be assessed against Ms. Miller for her guilty pleas and convictions for vandalism and resisting arrest. Ms. Miller sought counseling and treatment following the incident but eventually decided to “work it out” herself at home because she was not satisfied with the treatment she was receiving. Specifically, the Board asserts that a “long, rambling letter” written by Ms. Miller provides an ample evidentiary basis for it conclusion that Ms. Miller's license should be suspended pending a psychological examination. Greene v. McElroy, 360 U.S. 474, 492, 79 S.Ct. § 40-35-313 (2006). Pizzillo v. Pizzillo, 884 S.W.2d 749, 754 (Tenn.Ct.App.1994). This oversight could potentially pose a problem for the Division because, based on the Board's rule, patient abandonment cannot occur unless the patient “requires care.” However, Ms. Miller cured the deficiency in the Division's evidence when she stated that her patients would have required the administration of medications and the prenatal patient required monitoring of her fetal heart tones between the time she left the hospital and the end of her shift. the series of events that have occurred with the Respondent have caused her great emotional and mental stress to the point where it did interfere with her ability to perform her job appropriately; for not coming in for certain shifts and also for leaving. The Board, following specific notice requirements and hearings, adopts rules. Despite the trial court's avoidance of the issue, we will address the adequacy of the evidence supporting the Board's conclusion that Ms. Miller was guilty of a crime for the purpose of Tenn.Code Ann. Ms. Miller was concerned that the supervisor would instruct her to go to the emergency room. This stress did interfere with work in the past and the Board wants to make sure that doesn't happen again. 1000-2-.13(1)(c). ABANDONMENT OF PATIENTS . Board of Nursing E-Prescribing Waiver Information and Application T.C.A. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Inquiries have been received by the Board of Registered Nursing (BRN) regarding which actions by a nurse constitute patient abandonment and thus may lead to discipline against a nurse's license. Most Boards of Nursing have something in writing about this because so many employers try to pull this one. § 63-7-115(a)(1)(E). All rights reserved. This question is answered by reviewing the essentially undisputed facts in light of the Board's revised position statement. In addition, Cookeville Regional Medical Center reported Ms. Miller to the Tennessee Board of Nursing (“Board”). The Board of Examiners for Nursing feels that the definition of “patient abandonment” should be consistent throughout the health care delivery system, and has on occasion When Ms. Miller became ill, she told the other nurses on the unit, including the charge nurse, that she was leaving the hospital. Clay County Manor, Inc. v. State, 849 S.W.2d 755, 759 (Tenn.1993); Southern Ry. 1000-2-.13(1)(c) (2006). We tax the costs of this appeal to the Tennessee Board of Nursing. 1 South Dakota Board of Nursing South Dakota Department of Health 4305 S. LOUISE AVENUE SUITE 201 SIOUX FALLS, SD 57106-3115 (605) 362-2760 Fax: (605) 362-2768 Abandonment The South Dakota Board of Nursing received numerous inquiries regarding which actions by a nurse constituted Her primary defense was that these convictions had been expunged and that the effect of the expunction was to clear her record. Gluck v. Civil Serv. Position Statement . Begin typing to search, use arrow keys to navigate, use enter to select. Statutes are proposed and made law by the Tennessee State General Assembly (Legislature). In light of Ms. Miller's admission that she did not notify the supervisor that she was leaving before the end of her shift, the record contains substantial and material evidence that she severed her relationship with her patients without giving reasonable notice and, therefore, that she abandoned her patients when she left the hospital. Because of the uniqueness of each nursing situation, the following is a general framework the Board of Nursing utilizes when investigating the allegation of Abandonment. A quorum of six members is required to conduct business. Invoking its authority to protect the health, safety, and welfare of the citizens of Tennessee, the Board thereafter suspended Ms. Miller's nursing license pending a psychological examination arranged through Tennessee Peer Assistance and directed that the results of this evaluation be forwarded to its application committee for further recommendations regarding the suspension of Ms. Miller's license. The trial court also expressed concern regarding the adequacy of the Division's evidence that Ms. Miller had committed a crime and the inelasticity of the penalty for violating Tenn.Code Ann. Ms. Miller represented herself during the proceeding. The record also contains a revised “position statement” issued by the Board in December 2002 drawing a distinction between patient abandonment and “employment abandonment.” The Board made no findings with regard to Ms. Miller's mental competency. According to Ms. Miller, she eventually completed her probation satisfactorily. The Board clearly has the statutory authority to revoke or suspend a nurse's license on the ground that the nurse is not psychologically competent to practice nursing. Following the hearing, the Board ordered the nurse to pay a $1,000 civil penalty and also immediately suspended the nurse's license pending a psychological evaluation. § 63-7-115(a)(1)(B). The Board conducted a contested case hearing on June 27, 2003. Kansas State Board of Nursing . Comm'n, 15 S.W.3d 486, 490 (Tenn.Ct.App.1999); Ware v. Greene, 984 S.W.2d 610, 614 (Tenn.Ct.App.1998). response is satisfactory to the Board of Nursing and, in the opinion of the Board, the complaint does not merit further action, the matter may be dismissed. Patient abandonment is included as a specific ground for disciplinary action under the Nurse Practice Act Section 40-33-1 l0 .(A)(24). However, the observations of a regulatory board, even a board made up of persons with relevant expertise, cannot replace competent evidence. The Division also failed to present evidence that Ms. Miller's patients required care between the time she left the hospital and the end of her shift. The email address cannot be subscribed. § 63-7-115(a)(1)(B).2 Even though she claimed that her circumstances forced her to plead guilty, Ms. Miller admitted that she pled guilty to vandalism and resisting arrest. Thus, as this record stands, it lacks any evidence at all that Ms. Miller is “mentally incompetent” to practice nursing. See Maskaron v. Dep't of Prof'l Regulation, 450 So.2d 1242, 1244 (Fla. Dist. She characterizes herself as a “traveling nurse,” and she has frequently worked for staffing agencies that would find her temporary assignments at different institutions and locations. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. She testified later that, as she left, she was not concerned about any of her patients, except for the prenatal patient whose fetal heart tones had not been monitored before she left. of Equalization, 682 S.W.2d 196, 199 (Tenn.1984); Papachristou v. Univ. In its original notice of charges, the Board sought a $1,000 civil penalty for Ms. Miller's abandonment of her patients as proscribed by Tenn. Comp. In these cases, the courts do not reweigh the evidence or substitute their judgment for that of the administrative agency. Based on our examination of the Division's notice of charges, we concluded in our September 26, 2007 opinion that the notice did not fairly appraise Ms. Miller that the Division was seeking either the revocation or the suspension of her nursing license. Ms. Miller left the floor and got on the elevator. of Regents, 921 S.W.2d 684, 693 (Tenn.1996); Humana of Tenn. v. Tenn. Health Facilities Comm'n, 551 S.W.2d 664, 667 (Tenn.1977); Jackson Mobilphone Co. v. Tenn. Pub. 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