Final - Approved
VIRGINIA BOARD OF NURSING
INFORMAL CONFERENCE COMMITTEE
July 16, 2007
TIME AND PLACE: The meeting of the Informal Conference Committee of the Board of Nursing was convened at 9:10 A.M., in Conference Room 2, Department of Health Professions, 6603 West Broad Street, Richmond, Virginia.
MEMBERS PRESENT: Florence Jones-Clarke, R.N., M.S., Chairperson
Lawrence L. Logan, Citizen Member
STAFF PRESENT: Jodi P. Power, R.N., J.D., Deputy Executive Director, Nurse Aide Registry Manager
Gloria D. Mitchell, R.N., M.S.N., M.B.A., Deputy Executive Director, Discipline
Brenda Krohn, R.N., M.S., Deputy Executive Director, Medication Aide Registry Manager
OTHERS PRESENT: Amanda Mitchell, Adjudication Specialist
Peter Opper, Adjudication Specialist (joined later)
Emily Field, Adjudication Specialist (joined later)
Tammie Jones, Adjudication Specialist (joined later)
Nursing students from ECPI – Manassas Practical Nurse Program; Southside Regional Medical Center Registered Nurse Program; Bon Secours Registered Nurse Program; J. Sargeant Reynolds Community College Practical Nurse Program; and Virginia Commonwealth University Registered Nurse Program.
CONFERENCES
SCHEDULED: Willeen A. Belton, C.N.A Applicant
Ms. Belton appeared.
CLOSED MEETING: Mr. Logan moved that the Special Conference Committee of the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(28) of the Code of Virginia at 9:40 A.M. for the purpose of deliberation to reach a decision in the matter of Ms. Belton. Additionally, Mr. Logan moved that Ms. Power, Ms. Krohn, Ms. G. Mitchell and Ms. A. Mitchell attend the closed meeting because their presence in the closed meeting is deemed necessary, and their presence will aid the Committee in its deliberations.
The motion was seconded and carried unanimously.
RECONVENTION: The Committee reconvened in open session at 9:55 A.M.
Mr. Logan moved that the Special Conference Committee of the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened.
The motion was seconded and carried unanimously.
ACTION: Mr. Logan moved to issue an Order to approve Willeen Belton’s application to take the NNAAP examination for certification as a nurse aide in Virginia and issue an unrestricted certificate upon successful completion of the examination.
The motion was seconded and carried unanimously.
As provided by law, this decision shall become a Final Order thirty days after service of such order on Ms. Belton unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Belton within such time. If service of the order is made by mail, three additional days shall be added to that period. Upon such timely request for a formal hearing, the decision of this conference committee shall be vacated.
Ms. Amanda Mitchell left the meeting.
Ms. Jones joined the meeting.
CONFERENCES
SCHEDULED: Deborah Pierce, R.N. Applicant
Ms. Pierce did not appear.
CLOSED MEETING: Mr. Logan moved that the Special Conference Committee of the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(28) of the Code of Virginia at 10:27 A.M. for the purpose of deliberation to reach a decision in the matter of Ms. Pierce. Additionally, Mr. Logan moved that Ms. Power, Ms. Krohn, Ms. G. Mitchell and Ms. Jones attend the closed meeting because their presence in the closed meeting is deemed necessary, and their presence will aid the Committee in its deliberations.
The motion was seconded and carried unanimously.
RECONVENTION: The Committee reconvened in open session at 10:40 A.M.
Mr. Logan moved that the Special Conference Committee of the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened.
The motion was seconded and carried unanimously.
ACTION: Mr. Logan moved to issue an Order to deny Deborah Pierce’s application for licensure as a registered nurse in Virginia.
The motion was seconded and carried unanimously.
As provided by law, this decision shall become a Final Order thirty days after service of such order on Ms. Pierce unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Pierce within such time. If service of the order is made by mail, three additional days shall be added to that period. Upon such timely request for a formal hearing, the decision of this conference committee shall be vacated.
Ms. Jones left the meeting.
Mr. Opper joined the meeting.
CONFERENCES
SCHEDULED: April N. Hyter, L.P.N. 0002-032730
Ms. Hyter appeared, accompanied by her husband, Mr. Hyter.
CLOSED MEETING: Mr. Logan moved that the Special Conference Committee of the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(28) of the Code of Virginia at 11:12 A.M. for the purpose of deliberation to reach a decision in the matter of Ms. Hyter. Additionally, Mr. Logan moved that Ms. Power, Ms. Krohn, Ms. G. Mitchell and Mr. Opper attend the closed meeting because their presence in the closed meeting is deemed necessary, and their presence will aid the Committee in its deliberations.
The motion was seconded and carried unanimously.
RECONVENTION: The Committee reconvened in open session at 11:38 A.M.
Mr. Logan moved that the Special Conference Committee of the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened.
The motion was seconded and carried unanimously.
ACTION: Mr. Logan moved to issue an Order to reinstate the license of April Hyter to practice as a practical nurse contingent upon verification of entry into the Health Practitioners Intervention Program within 30 days of the Order becoming final and Ms. Hyter remaining in compliance with the terms of the monitoring contract with the program.
The motion was seconded and carried unanimously.
As provided by law, this decision shall become a Final Order thirty days after service of such order on Ms. Hyter unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Hyter within such time. If service of the order is made by mail, three additional days shall be added to that period. Upon such timely request for a formal hearing, the decision of this conference committee shall be vacated.
Mr. Opper left the meeting
Ms. Field joined the meeting.
CONFERENCES
SCHEDULED: Beatrice Haden, L.P.N. 0002-031509
Ms. Haden did not appear.
CLOSED MEETING: Mr. Logan moved that the Special Conference Committee of the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(28) of the Code of Virginia at 12:27 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Haden. Additionally, Mr. Logan moved that Ms. Power, Ms. Krohn, Ms. G. Mitchell and Ms. Field attend the closed meeting because their presence in the closed meeting is deemed necessary, and their presence will aid the Committee in its deliberations.
The motion was seconded and carried unanimously.
RECONVENTION: The Committee reconvened in open session at 12:40 P.M.
Mr. Logan moved that the Special Conference Committee of the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened.
The motion was seconded and carried unanimously.
ACTION: Mr. Logan moved to issue an Order to deny Beatrice Haden’s petition for reinstatement of her license to practice as a practical nurse in Virginia.
The motion was seconded and carried unanimously.
As provided by law, this decision shall become a Final Order thirty days after service of such order on Ms. Haden unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Haden within such time. If service of the order is made by mail, three additional days shall be added to that period. Upon such timely request for a formal hearing, the decision of this conference committee shall be vacated.
ADJOURNMENT: The Board adjourned at 12:42 P.M.
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Jodi P. Power, R.N., J.D.
Deputy Executive Director, Nurse Aide Registry Manager
VIRGINIA BOARD OF NURSING
SPECIAL CONFERENCE COMMITTEE
July 16, 2007
TIME AND PLACE: The meeting of the Special Conference Committee of the Board of Nursing was convened at 1:40 P.M., in Conference Room 2, Department of Health Professions, 6603 West Broad Street, Richmond, Virginia.
MEMBERS PRESENT: Florence Jones-Clarke, R.N., M.S.
Lawrence L. Logan, Citizen Member
Evelyn Lindsay, L.P.N.
STAFF PRESENT: Jodi P. Power, R.N., J.D., Deputy Executive Director, Nurse Aide Registry Manager
Jane Elliott, R.N., Ph.D., Discipline Staff
PRESENTED FOR CLOSURE/ADVICE:
CLOSED MEETING: Mr. Logan moved that the Special Conference Committee of the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(28) of the Code of Virginia at 1:40 P.M. for the purpose of deliberation regarding case disposition. Additionally, Mr. Logan moved Ms. Power and Dr. Elliott attend the closed meeting because her presence in the closed meeting is deemed necessary, and her presence will aid the Committee in its deliberations.
The motion was seconded and carried unanimously.
RECONVENTION: The Committee reconvened in open session at 2:35 P.M.
Mr. Logan moved that the Special Conference Committee of the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened.
The motion was seconded and carried unanimously.
Investigative reports regarding ten registered nurses, two licensed practical nurses and nine certified nurse aides were reviewed.
ACTION: Mr. Logan moved to close eight of the above cases due to insufficient evidence to support allegations of any violation of the Nurse Practice Act or Board of Nursing regulations.
The motion was seconded and carried unanimously.
Mr. Logan moved to close one of the above cases undetermined at this time.
The motion was seconded and carried unanimously.
Mr. Logan moved to offer one of the above individuals a pre-hearing consent order in lieu of further administrative proceedings.
The motion was seconded and approved unanimously.
Mr. Logan moved that one of the above individuals should be scheduled for an informal conference.
The motion was seconded and carried unanimously.
Mr. Logan moved to offer confidential consent agreements to ten of the above individuals in lieu of initiating disciplinary proceedings.
The motion was seconded and carried unanimously.
ADJOURNMENT: The Committee adjourned at 2:35 P.M.
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Jodi P. Power, R.N., J.D.
Deputy Executive Director, Nurse Aide Registry Manager
VIRGINIA BOARD OF NURSING
FORMAL HEARINGS
JULY 16, 2007
TIME AND PLACE: The meeting of the Virginia Board of Nursing was called to order at 2:53 P.M. on July 16, 2007 in Conference Room 2, Department of Health Professions, 6603 West Broad Street, Richmond, Virginia.
BOARD MEMBERS
PRESENT: Judith E. Piersall, R.N., B.S.N, President, Chairperson
John M. Horn, L.P.N.
Florence Jones-Clarke, R.N., M.S.
Patricia C. Lane, R.N., B.S.N.
Evelyn Lindsay, L.P.N.
Lawrence L. Logan, Citizen Member
STAFF PRESENT: Jay P. Douglas, R.N., M.S.M., C.S.A.C., Executive Director
Jodi P. Power, R.N., J.D., Deputy Executive Director, Nurse Aide Registry Manager
Gloria D. Mitchell, R.N., M.S.N., M.B.A., Deputy Executive Director, Discipline
Brenda Krohn, R.N., M.S. Deputy Executive Director, Medication Aide Registry Manager
Amy Davis, Administrative Assistant
OTHERS PRESENT: Howard M. Casway, Senior Assistant Attorney General
Nursing students from Virginia Commonwealth University
ESTABLISHMENT OF
A QUORUM: With six members of the Board present, a quorum was established.
FORMAL HEARINGS James Borror, L.P.N. 0002-063928
Mr. Borror appeared, represented by Phillip Griffin.
Amanda Mitchell, Adjudication Specialist, represented the Commonwealth. Howard M. Casway, Senior Assistant Attorney General was legal counsel for the Board. Andrea Pegram, court reporter, recorded the proceedings.
Ron Houser, Senior Investigator, Department of Health Professions; Diane Slagle, Administrator, American Health Care was present and testified. Debbie Carter, Director of Human Resources, Heritage Hall (Leesburg); Linda McIntire, R.N., Heritage Hall (Front Royal) testified by telephone.
RECESS: The Board recessed at 4:47 P.M.
RECONVENTION: The Board reconvened at 4:58 P.M.
The nursing students left the meeting.
CLOSED MEETING: Ms. Lane moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 5:45 P.M., for the purpose of deliberation to reach a decision in the matter of Mr. Borror. Additionally, Mr. Logan moved that Ms. Douglas, Ms. Power, Ms. Krohn, Ms. Davis and Mr. Casway attend the closed meeting because their presence in the closed meeting is deemed necessary and their presence will aid the Board in its deliberations.
The motion was seconded and carried unanimously.
RECONVENTION: The Board reconvened in open session at 6:15 P.M.
Ms. Lane moved that the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened.
The motion was seconded and carried unanimously.
Mr. Logan moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Ms. A. Mitchell and amended by the Board.
The motion was seconded and carried unanimously.
Ms. Jones-Clarke moved to issue a reprimand to James Borror and further order Mr. Borror to provide proof of completion of the National Council of State Boards of Nursing “Ethics of Nursing Practice” and “Sharpening Critical Thinking Skills for Competent Nursing Practice” within 45 days of entry of the order.
The motion was seconded and carried unanimously.
This decision shall be effective upon the entry by the Board of a written Order stating the findings, conclusions, and decision of this formal hearing panel.
ADJOURNMENT: The Board adjourned at 6:20 P. M.
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Jay P. Douglas, R.N., M.S.M., C.S.A.C.
Executive Director
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