6
VIRGINIA BOARD OF NURSING
FORMAL HEARINGS
September 15, 2010
Panel - A
TIME AND PLACE: The meeting of the Virginia Board of Nursing was called to order at 9:08 A.M. on September 15, 2010 in Board Room 4, Department of Health Professions, 9960 Mayland Drive, Suite 201, Henrico Virginia.
BOARD MEMBERS
PRESENT: Florence Jones-Clarke, R.N., M.S., Vice President
Brenda Hale, R.N.
John M. Horn, L.P.N.
Judith E. Piersall, R.N., B.S.N.
Karen K. Schultz, Ph.D., M.B.A. Citizen Member
William Traynham, L.P.N.
STAFF PRESENT: Jodi P. Power, R.N., J.D., Deputy Executive Director
Gloria D. Mitchell, R.N., M.S.N., M.B.A., Deputy Executive Director
Darlene Graham, Administrative Assistant
OTHERS PRESENT: Eric Gregory, Assistant Attorney General
ESTABLISHMENT OF
A QUORUM: With six members of the Board present, a quorum was established.
CONSIDERATION OF AGENCY SUBORDINATE RECOMMENDATIONS:
Helen K. Riley, RN 0001-141913
Ms. Riley did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate to reprimand Helen Riley and to indefinitely suspend the professional nursing license of Ms. Riley for not less than two years and until such time as she is able to appear before the Board and provide sufficient evidence that she is safe and competent to practice.
The motion was seconded and carried unanimously.
Tammy McWay, L.P.N. 0002-045683
Ms. McWay did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate to take no action against the practical license of Tammy McWay contingent upon her entry into the Health Practitioners Monitoring Program within sixty days of entry of the Order and thereafter remaining in compliance with the Health Practitioners Monitoring Program.
The motion was seconded and carried unanimously.
Krista G. Breininger, R.N. 0001-185764
Ms. Breininger did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate to reprimand Krista Breininger and to indefinitely suspend the professional nursing license of Ms. Breininger for not less than two years and until such time as she is able to appear before the Board and provide sufficient evidence that she is safe and competent to practice
The motion was seconded and carried unanimously.
Mary Bartee, L.P.N. 0002-060182
Ms. Bartee did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate to indefinitely suspend the practical nursing license of Mary Bartee for not less than two years and until such time as she is able to appear before the Board and provide sufficient evidence that she is safe and competent to practice
The motion was seconded and carried unanimously.
Keturah Asgari, L.P.N. 0002-081172
Ms. Asgari did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate reprimand Keturah Asgari.
The motion was seconded and carried unanimously.
Barbara S. Assan, L.P.N. 0002-073028
Ms. Assan did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate reprimand Barbara Assan and impose a monetary penalty of $200.00.
The motion was seconded and carried unanimously.
Domonique Inge, L.P.N. 0002-071254
Ms. Inge did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate to place Domonique Inge on probation with terms and conditions for two years of actual practical nursing practice.
The motion was seconded and carried unanimously.
Christine Seto, R.N. 0001-187891
Ms. Seto did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate reprimand Christine Seto and impose a monetary penalty of $100.00
The motion was seconded and carried unanimously.
Manjula P. Moore, R.N. 0001-217941
Ms. Moore did not appear.
Ms. Piersall moved that the Board of Nursing accept the recommended decision of the agency subordinate to place Manjula Moore on probation with terms and conditions for not less than two years.
The motion was seconded and carried unanimously.
CLOSED MEETING: Ms. Hale moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(27) of the Code of Virginia at 9:12 A.M., for the purpose of consideration of agency subordinate recommendations. Additionally, Ms. Hale moved that Ms. Power, Ms. Mitchell, Ms. Graham and Mr. Gregory 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 9:40 A.M.
Ms. Hale 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.
Timothy Hosey, L.P.N. 0002-071943
Mr. Hosey did not appear.
Ms. Piersall moved that the Board of Nursing modify the recommended decision of the agency subordinate to revoke the practical nursing license of Timothy Hosey.
The motion was seconded and carried unanimously.
Robin Mason, L.P.N. 0002-036789
Ms. Mason did not appear.
Mr. Traynham moved that the Board of Nursing accept the recommended decision of the agency subordinate to reprimand Robin Mason; impose a monetary penalty of $2,500 and to indefinitely suspend the practical nursing license of Ms. Mason until the monetary penalty is paid and she provides evidence that her primary state of residence in Virginia. Said suspension shall also apply to any multi-state privilege to practice in Virginia.
The motion was seconded and carried. Mr. Horn, Ms. Piersall, Dr. Schultz and Mr. Traynham were in favor of the motion. Ms. Jones-Clarke and Ms. Hale opposed the motion.
Matthew J. Sykes, R.N. 0001-162394
Mr. Sykes did not appear.
Ms. Hale moved that the Board of Nursing accept the recommended decision of the agency subordinate to indefinitely suspend the professional nursing license of Matthew Sykes with the suspension to be stayed contingent upon his entry into and continued compliance with the Health Practitioners Monitoring Program.
The motion was seconded and carried unanimously.
Elizabeth E. Carroll, R.N. 0001-210345
Ms. Carroll did not appear.
Mr. Horn moved that the Board of Nursing accept the recommended decision of the agency subordinate to place Elizabeth Carroll on probation for not less than two years with terms and conditions.
The motion was seconded and carried unanimously.
FORMAL HEARINGS: Leslie L. Rojas, L.P.N. 0002-163473
Ms. Rojas did not appear.
Tammie Jones, Adjudication Specialist, represented the Commonwealth. Mr. Gregory was legal counsel for the Board. Beth Aliff, court reporter, recorded the proceedings.
Debra Hay-Pierce, Senior Investigator, Department of Health Professions was present and testified.
CLOSED MEETING: Ms. Hale moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(27) of the Code of Virginia at 10:15 A.M., for the purpose of deliberation to reach a decision in the matter of Ms. Rojas. Additionally, Ms. Hale moved that Ms. Power, Ms. Mitchell, Ms. Graham and Mr. Gregory 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 10:30 A.M.
Ms. Hale 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. Traynham moved that the Board of Nursing accept the findings of fact as presented by Ms. Jones and amended by the Board.
The motion was seconded and carried unanimously.
ACTION: Ms. Piersall moved that the Board of Nursing indefinitely suspend the practical nursing license of Leslie Rojas until such time as she can appear before the Board and provide sufficient evidence that she is safe and competent to practice. The motion was seconded and carried. Mr. Traynham, Dr. Schultz, Ms. Piersall and Mr. Horn were in favor of the motion. Ms. Hale and Ms. Jones-Clarke opposed the motion.
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.
FORMAL HEARINGS: Myra Anthony, R.M.A. Applicant
Ms. Anthony was not present when the hearing convened at 11:00 A.M. Ms. Anthony arrived at 11:15 A.M. Mr. Traynham moved that the Board reconvene the hearing allowing Ms. Anthony to make a statement, but not re-interview witnesses. The motion was seconded and carried. Ms. Jones-Clarke, Ms. Hale, Mr. Horn, Ms. Piersall and Mr. Traynham were in favor of the motion. Dr. Selig opposed the motion.
Amanda Blount, Adjudication Specialist, represented the Commonwealth. Mr. Gregory was legal counsel for the Board. Beth Aliff, court reporter, recorded the proceedings.
Sherry Foster, Senior Investigator, Department of Health Professions was present and testified.
CLOSED MEETING: Ms. Hale moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(27) of the Code of Virginia at 11:30 A.M. for the purpose of deliberation to reach a decision in the matter of Ms. Anthony. Additionally, Ms. Hale moved that Ms. Power, Ms. Mitchell, Ms. Graham and Mr. Gregory 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 11:45 A.M.
Ms. Hale 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. Traynham moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Ms. Blount and amended by the Board.
The motion was seconded and carried unanimously.
CLOSED MEETING: Ms. Hale moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(27) of the Code of Virginia at 1:00 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Anthony. Additionally, Ms. Hale moved that Ms. Power, Ms. Mitchell, Ms. Graham and Mr. Gregory 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 2:10 P.M.
Ms. Hale 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. Traynham moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Ms. Blount and amended by the Board.
The motion was seconded and carried unanimously.
ACTION: Ms. Hale moved that the Board of Nursing approve Myra Anthony to take the medication aide exam and issue a reprimand.
The motion was seconded and carried. Ms. Piersall, Ms. Jones-Clarke, Mr. Horn, Mr. Traynham and Ms. Hale were in favor of the motion. Dr. Schultz opposed the motion.
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.
FORMAL HEARINGS: Branell M. Harris, R.N. 0001-180605
Ms. Harris appeared, represented by attorney, Annette Rubin
James Rutkowski, Adjudication Specialist, represented the Commonwealth. Mr. Gregory was legal counsel for the Board. Beth Aliff, court reporter, recorded the proceedings.
Pam Kincheloe, Senior Investigator, Department of Health Professions’ Gina Gerard, Human Resource Manager, Reston Hospital Center; Nancy Susco, R.N., Director of Surgical Nursing Unit, Reston Hospital Center were present and testified.
CLOSED MEETING: Ms. Hale moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(27) of the Code of Virginia at 4:55 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Harris. Additionally, Ms. Hale moved that Ms. Power, Ms. Mitchell, Ms. Graham and Mr. Gregory 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 5:45 P.M.
Ms. Hale 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. Traynham moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Mr. Rutkowski and amended by the Board.
The motion was seconded and carried unanimously.
ACTION: Dr. Schultz moved that the Board of Nursing order Branell Harris submit to an evaluation by a Board approved mental health/chemical dependency specialist and have a written report of the evaluation that includes diagnosis, course of therapy and prognosis to the Board within sixty days of entry of the order. Ms. Harris shall comply with any and all recommendation of the specialist and may be required to appear before the Board for an administrative proceeding. 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.
FORMAL HEARINGS: Happie C. Harris, C.N.A. Applicant; R.M.A. Applicant
Ms. Harris appeared, represented by attorney, Jim Nachman.
Amanda Blount, Adjudication Specialist, represented the Commonwealth. Mr. Gregory was legal counsel for the Board. Beth Aliff, court reporter, recorded the proceedings.