Comm'n, 876 S.W.2d 106, 111 (Tenn.Ct.App.1993). 2007). Clay County Manor, Inc. v. State, 849 S.W.2d 755, 759 (Tenn.1993);  Southern Ry. § 63-7-115(a)(1)(E). of Equalization, 682 S.W.2d 196, 199 (Tenn.1984);  Papachristou v. Univ. 2. However, while she was on the elevator, she decided that she would not inform the supervisor that she was leaving the hospital. of Med. R. & Regs. Jean Louise Miller worked as a licensed practical nurse for five years before she completed nursing school and became licensed as a registered nurse in Pennsylvania in 1988. M.S., Director of Nursing Practice at (410)585-1927 should you require further clarification of this document. 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. Ms. Miller has perfected this appeal. In addition, Cookeville Regional Medical Center reported Ms. Miller to the Tennessee Board of Nursing (“Board”). Courts may reject an administrative agency's factual findings only if a reasonable person would necessarily draw a different conclusion from the record. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The incident that precipitated this dispute took place on April 15, 2002. § 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. § 63-7-114(a) (Supp.2006);  Tenn. Comp. In light of its conclusion that the record contained substantial and material evidence that Ms. Miller had abandoned her patients when she left work early, the trial court declined to rule on the issue of whether Ms. Miller was “guilty of a crime” under the nursing statutes. Ms. Miller is laboring under the mistaken belief that the civil penalties specified in the Board's order and then in the trial court's memorandum and order are cumulative and that she now owes $3,000 in civil penalties. During the present crisis, phone lines may be very busy. 1. A medical/surgical or “med/surg” unit provides care to patients recovering from a wide variety of medical conditions, including those recovering from diagnostic, therapeutic, or surgical interventions, those hospitalized for acute conditions, and those who may be in the final stages of progressive and chronic disease. Please feel free to contact A'lise Williams, R.N. On August 16, 2005, the trial court filed a memorandum and order concluding that Ms. Miller had “walked out before the end of her nursing shift at Cookeville Regional Medical Center, disobeying the charge nurse who instructed her to notify a supervisor that she was leaving.”   The court, like the Board, concluded that “once Ms. Miller accepted the job at Cookeville Regional Medical Center and accepted the role of caretaker for the patients on her shift, she was bound by her statutory and regulatory duty to care for them or make sure that others assumed the caretaker role before she left.”   Accordingly, the trial court affirmed the Board's conclusion that Ms. Miller had engaged in unprofessional conduct in violation of Tenn.Code Ann. OKLAHOMA BOARD OF NURSING 2915 N. Classen Boulevard, Suite 524 Oklahoma City, OK 73106 (405) 962-1800 Abandonment Statement I. Stay up-to-date with FindLaw's newsletter for legal professionals. I can't give you specifics. Procedural due process required a government entity to employ fundamentally fair procedures whenever it acts to deprive a person of a right to or interest in life, liberty, or property. As defined in the Board's rules, patient abandonment occurs when a nurse abandons or neglects a patient requiring nursing care. The nurse appealed. This appeal involves a disciplinary proceeding against a registered nurse. A quorum of six members is required to conduct business. 63-1 (Division of Health Related Boards) and T.C.A. The only financial penalty imposed by the Board was the $1,000 penalty for patient abandonment. There is no dispute that Ms. Miller accepted the obligation to care for four to five patients when she reported for work at Cookeville Regional Medical Center's med/surg unit. Solid Waste Disposal Control Bd., 907 S.W.2d 807, 810 (Tenn.1995);  Willamette Indus., Inc. v. Tenn. Assessment Appeals Comm'n, 11 S.W.3d 142, 147 (Tenn.Ct.App.1999). 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. Though the Board rules do not define the term “abandonment,” the Board has investigated and disciplined nurses in the past for issues surrounding the concept of abandonment as it relates to the nurse’s duty to the patient. The email address cannot be subscribed. The Texas Board of Nursing will continue normal operations as the State of Texas deals with the COVID-19 outbreak. 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. Sanifill of Tenn., Inc. v. Tenn. Patient abandonment is defined as "leaving a patient requiring nursing care without properly notifying appropriate personnel." (a) The Board may request submission of evidence of satisfactory health, character, or professional nursing competence before renewal of registration if a licensee has been inactive in nursing for five (5) years or more, or if questions pertaining to health, character, or competence have been brought to the attention of the Board. 1400, 1411, 3 L.Ed.2d 1377 (1959); McNiel v. Cooper, 241 S.W.3d 886, 895 (Tenn. Ct. App. According to Ms. Miller, she eventually completed her probation satisfactorily. See Maskaron v. Dep't of Prof'l Regulation, 450 So.2d 1242, 1244 (Fla. Dist. We certainly do not find that the Board erred by declining to assess a civil penalty against Ms. Miller for committing these two offenses. Ms. Miller, continuing to represent herself on this appeal, insists that the trial court erred by determining that the evidence supports the Board's conclusion that she abandoned patients requiring nursing care when she left work before the end of her shift on April 15, 2002. Both the nurse leader and the caregiver have legal duties in this area. Jones v. Greene, 946 S.W.2d 817, 828 (Tenn.Ct.App.1996). Thus, as this record stands, it lacks any evidence at all that Ms. Miller is “mentally incompetent” to practice nursing. She also decided that the other nurses knew that she had been trying to have someone monitor the fetal heart tones of the prenatal patient and that they would follow up on that procedure as well. 63-1-160 requires that on or after January 1, 2021, any prescription for a Schedule II, III, IV or V controlled substance issued by a prescriber who is authorized by law to prescribe the drug must be issued as an electronic prescription from the person issuing the prescription to a pharmacy. Its not abandonment if she doesn't accept the assignment once her … Ms. Miller was concerned that the supervisor would instruct her to go to the emergency room. The Board requests this Court to revisit the conclusion in our September 26, 2007 opinion that is lacked authority to suspend Ms. Miller's nursing license pending a psychological evaluation in the absence of an competent evidence that Ms. Miller was psychologically impaired. A position statement is a scope of practice determination made by the Bo ard, as to Every nurse should obtain instruction and su­pervision when implementing nursing procedures [Board Rule 217.11(1)(G)] and make reasonable efforts to obtain orientation and training to develop or maintain competency [Board Rule 217.11(1)(H)]. Accordingly, our review is limited to determining the sufficiency of the evidence under Tenn.Code Ann. b) Severed that nurse-patient relationship without giving reasonable notice to the appropriate person (e.g., supervisor, patient) so that arrangements can be made for continuation of nursing care by others. However, its ability to do so is governed by the fundamental tenets of due process, the adequacy of the Division's notice of charges, and the competent evidence presented during the contested case hearing. (This link will take you to a website that is not maintained by the Tennessee Department of Health). However, to protect our staff from exposure to the virus, the Board of Nursing will no longer allow visitors to the agency offices. Based on these findings, the Board suspended Ms. Miller's license to practice nursing “pending a psychological evaluation of Respondent's suitability to practice nursing” and ordered her to pay a $1,000 civil penalty and costs. The substantial and material evidence standard requires a searching and careful inquiry into the record to determine the basis for the administrative decision. Manning v. City of Lebanon, 124 S.W.3d 562, 566 (Tenn Ct. App. Board of Nursing E-Prescribing Waiver Information and Application T.C.A. As defined in the Board's rules, patient abandonment occurs when a nurse abandons or neglects a patient requiring nursing care. In addition to the civil penalty, Ms. Miller also must pay the costs of the proceeding in accordance with Tenn.Code Ann. The only evidence in the record regarding Ms. Miller's fitness to practice nursing consisted of three reports prepared in 2003 and 2004 that failed to point to any basis for concluding that Ms. Miller was “mentally incompetent.”. In cases of this sort, appropriate notice includes not only notice of offending conduct but also notice of the penalties being sought. 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. 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. Her arrest, incarceration, and conviction affected Ms. Miller significantly. 2005). Click here for Rules and Regulations pertaining to the Tennessee Board of Nursing, Click here for Rules related to Drug Testing and Reporting, Enhanced Nurse Licensure Compact Final Rules Effective January 19, 2018, Tennessee Department of Health Publications. We tax the costs of this appeal to the Tennessee Board of Nursing. For the next fifteen years, Ms. Miller led a nomadic existence, practicing as a registered nurse in Pennsylvania, Virginia, Florida, New Jersey, Connecticut, Maine, Oklahoma, and finally Tennessee. However, Ms. Miller did not present any evidence to demonstrate that her record was, in fact, expunged in accordance with Tenn.Code Ann. She should contact her state's board of nursing and ask, but it sounds like if she is only on the schedule for 8 hours then it is her CHOICE to stay and help or not past that point. Kansas State Board of Nursing . We have also concluded, however, that the Board acted arbitrarily and capriciously by ordering the immediate suspension of Ms. Miller's nursing license pending a psychological evaluation. R. & Regs. 2. 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. Patient and Employer Abandonment - Frequently Asked Questions & Answers. Behavior that demonstrates professional misconduct includes abandoning a client who is in need of or receiving nursing care and may be grounds for disciplinary action (NDAC 54-02-07-01.1 (10). 63-7 (Nursing). Ms. Miller was satisfied that the written notes in her patients' charts would adequately acquaint the hospital staff with the status of her patients and the care they had received during her shift. She left the bathroom and walked to the nurse's station. Instead, they review the record for such relevant evidence as a reasonable mind might accept to support a rational conclusion and such as to furnish a reasonably sound basis for the action under consideration. Ms. Miller sought judicial review of the Board's decision in the Chancery Court for Davidson County. § 4-5-322(a)(1) (2005). 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. The Board, like the trial court and this court, had an opportunity to observe Ms. Miller's demeanor and to read the voluminous papers she prepared. For client abandonment to occur, the nurse/registrant must: Have first ACCEPTED the client assignment, thus establishing a nurse client relationship; AND then DISENGAGED the nurse client relationship without giving reasonable notice to the qualified person (supervisor, colleague, etc) so that others can make arrangements for continuation of nursing care. While the Division presented no evidence regarding the specific care that Ms. Miller's patients required, the nature of the unit provides a basis for concluding that the patients required care during Ms. Miller's shift. But I completed most of my nursing coursework in FL, and I understand it that you can't refuse an assignment or even a patient unless there is someone else who can/will take your place. The vomit, nausea, and stomach pain led her to suspect that she had gastritis because she had had the condition before. Following the submission of the evidence, the Board concluded that Ms. Miller was guilty of a crime in violation of Tenn.Code Ann. Both have the force of law and may be used in the regulation of a profession. She was working on the 7:00 p.m. to 7:00 a.m. shift on the hospital's med/surg unit.1  That night, Ms. Miller was responsible for four to five patients with differing conditions. We have determined that the record contains substantial and material evidence that the nurse abandoned her patients and that the Board did not act arbitrarily by requiring the nurse to pay a $1,000 civil penalty. McClellan v. Bd. She also asserts that the record does not support the Board's conclusion that she was “guilty of a crime.”. Tennessee Board of Nursing • 665 Mainstream Drive • Nashville, TN 37243 Tel: 615-532-5166 • Fax: 615-741-7899 • tn.gov/health 6 * No new offers of admissions may be extended - effective immediately. Tenn.Code Ann. The Board also asserts that it has the authority to impose “sanctions that go beyond any sanctions requested by the Division.”. Like the trial court, we affirm the Board's finding that Ms. Miller abandoned her patients and the Board's decision requiring her to pay a $1,000 civil penalty and the costs of the administrative proceeding. § 4-5-322(h)(5). On November 1, 2002, the Division of Health Related Boards of the Tennessee Department of Health (“Division”) filed a written notice of charges against Ms. Miller. Minnesota Board of Nursing 1210 Northland Drive Suite 120 Mendota Heights, MN 55120 Phone: 612-317-3000 Fax: 651-688-1841 Email: Nursing.Board@state.mn.us Ct. App. One patient had chronic obstructive pulmonary disease;  one was recovering from surgery;  and one was a prenatal patient who required monitoring of her fetal heart tones. A thorough understanding of expectations and requirements in this regard is central to ensuring the best interests of patients and practitioners alike. § 63-7-115(a)(1)(E) (2004) because she was mentally incompetent. In order to assist licensees and employers, the Board We have already determined that the record contains substantial and material evidence supporting the Board's conclusion that Ms. Miller was guilty of vandalism and resisting arrest. State v. Sims, 746 S.W.2d 191, 199 (Tenn.1988). 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. 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. However, in light of the absence of any evidence or factual findings regarding Ms. Miller's current psychological condition, we have concluded that the Board acted arbitrarily and capriciously by immediately suspending her license as part of this disciplinary proceeding. 63-7 (Nursing). Patient abandonment is a term which is often used by health care regulatory agencies, employers of health care personnel, the nursing profession and the consumer. Or overbreadth, and stomach pain led her to go to the made! 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