Final - Approved

VIRGINIA BOARD OF NURSING

SPECIAL CONFERENCE COMMITTEE

April 23, 2009

TIME AND PLACE: The meeting of the Special Conference Committee of the Board of Nursing was convened at 9:00 A.M., on April 23, 2009, in Board Room 1, Suite 201, Department of Health Professions, 9960 Mayland Drive, Richmond, Virginia.

MEMBERS PRESENT: Brenda Hale, R.N., Chairperson

G. Maxine Ponn, L.P.N.

Lawrence L. Logan, Citizen Member (joined later)

STAFF PRESENT: Jane Elliott, R.N., Ph.D., Discipline Staff

OTHERS PRESENT: Amanda Mitchell, Adjudication Specialist

CONFERENCES

SCHEDULED: Robin Bidot, R.N. 0001-212222; L.P.N. 0002-048128

Ms. Bidot appeared.

CLOSED MEETING: Ms. Ponn moved that the Special Conference Committee of the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(27) of the Code of Virginia at 9:45 A.M. for the purpose of deliberation to reach a decision in the matter of Ms. Bidot. Additionally, Ms. Ponn moved that Dr. Elliott and Ms. 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.

Ms. Ponn 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: Ms. Ponn moved to issue an order to take no action at this time, contingent upon Robin Bidot remaining in compliance with the terms of the monitoring contract with the Health Practitioners Intervention 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. Bidot unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Bidot 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.

CONFERENCES

SCHEDULED: Jennifer Feeny, R.N. 0001-194226

Ms. Feeny appeared, accompanied by Mr. Malone.

CLOSED MEETING: Ms. Ponn moved that the Special Conference Committee of the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(27) of the Code of Virginia at 10:45 A.M. for the purpose of deliberation to reach a decision in the matter of Ms. Feeny. Additionally, Ms. Ponn moved that Dr. Elliott and Ms. 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 11:00 A.M.

Ms. Ponn 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: Ms. Ponn moved to offer Jennifer Feeny a consent order for indefinite suspension of her license for not less than two years in lieu of a formal hearing.

The motion was seconded and carried unanimously.

This Consent Order shall be effective upon endorsement of its findings, conclusions, and terms of consent by both Ms. Feeny and the Board.

CONFERENCES

SCHEDULED: Hilary Burton, R.N. 0001-147250

Ms. Burton appeared, accompanied by a friend, Linda Hufnagle.

CLOSED MEETING: Ms. Ponn moved that the Special Conference Committee of the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(27) of the Code of Virginia at 11:50 A.M. for the purpose of deliberation to reach a decision in the matter of Ms. Burton. Additionally, Ms. Ponn moved that Dr. Elliott and Ms. 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 12:05 P.M.

Ms. Ponn 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: Ms. Ponn moved to close the case in the matter of Hilary Burton and impose no sanction due to insufficient evidence to warrant disciplinary action by the Board of Nursing.

The motion was seconded and carried unanimously.

Ms. Ponn left the meeting and Mr. Logan joined the meeting.

CONFERENCES

SCHEDULED: Michael Breeden, R.N. 0001-170697

Mr. Breeden appeared, accompanied by a friend, Ms. Austin.

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)(27) of the Code of Virginia at 1:00 P.M. for the purpose of deliberation to reach a decision in the matter of Mr. Breeden. Additionally, Mr. Logan moved that Dr. Elliott and Ms. 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 1:15 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 refer the case of Michael Breeden to the Board of Nursing or a panel thereof for a formal hearing.

The motion was seconded and carried unanimously.

CONFERENCES

SCHEDULED: Arian Goyne, R.N. 0001-164533

Ms. Goyne appeared, accompanied by attorneys, Michael Goodman and Kristi VanderLaan.

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)(27) of the Code of Virginia at 3:25 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Goyne. Additionally, Mr. Logan moved that Dr. Elliott and Ms. 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 3:35 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.

ACTION: Mr. Logan moved to issue an Order of reprimand to Arian Goyne.

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. Goyne unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Goyne 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.

CONFERENCES

SCHEDULED: Conchita Mitchiner, L.P.N. 0002-042938

Ms. Mitchiner 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)(27) of the Code of Virginia at 4:20 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Mitchiner. Additionally, Mr. Logan moved that Dr. Elliott and Ms. 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 4:35 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.

ACTION: Mr. Logan moved to issue an order of reprimand to Conchita Mitchiner and further, issue an order for a monetary penalty of $200 to Ms. Mitchiner, to be paid within 45 days of entry of the order.

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. Mitchiner unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Mitchiner 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 4:45 P.M.

______

Jane Elliott, R.N., Ph.D.

Discipline Staff

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