Draft - Unapproved

VIRGINIA BOARD OF NURSING

SPECIAL CONFERENCE COMMITTEE

June 12, 2007

TIME AND PLACE: The meeting of the Special Conference Committee of the Board of Nursing was convened at 9:10 A.M., in Conference Room 3, Department of Health Professions, 6603 West Broad Street, Richmond, Virginia.

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

John M. Horn, L.P.N.

STAFF PRESENT: Jodi P. Power, R.N., J.D., Deputy Executive Director, Nurse Aide Registry Manager

Emily Field, Adjudication Specialist

OTHERS PRESENT: Two nursing students from MCV-VCU School of Nursing RN to BSN program.

PRESENTED FOR CLOSURE/ADVICE:

CLOSED MEETING: Mr. Horn 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 9:10 A.M. for the purpose of deliberation regarding case disposition. Additionally, Mr. Horn moved that Ms. Power 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 10:30 A.M.

Mr. Horn 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 fifteen certified nurse aides were reviewed.

ACTION: Mr. Horn moved to close ten 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. Horn moved to close one of the above cases undetermined at this time.

The motion was seconded and carried unanimously.

Mr. Logan moved that four of the above individuals should be scheduled for an informal conference.

The motion was seconded and carried unanimously.

CONFERENCES

SCHEDULED: Sandra A. Harber, C.N.A. 1401-107881

Ms. Harber appeared.

CLOSED MEETING: Mr. Horn 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 11:18 A.M. for the purpose of deliberation to reach a decision in the matter of Ms. Harber. Additionally, Mr. Horn moved that Ms. Power 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 11:35 A.M.

Mr. Horn 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. Horn moved to close the case and impose no sanction due to insufficient evidence to warrant disciplinary action by the Board of Nursing.

The motion was seconded and carried unanimously.

CONFERENCES

SCHEDULED: Norman Mayton, C.N.A. 1401-103920

Mr. Mayton did not appear.

CLOSED MEETING: Mr. Horn 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 11:45 A.M. for the purpose of deliberation to reach a decision in the matter of Mr. Mayton. Additionally, Mr. Horn moved that Ms. Power 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 11:55 A.M.

Mr. Horn 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. Horn moved to issue an order of reprimand to Norman Mayton, with a finding of abuse.

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 Mr. Mayton unless a written request to the Board for a formal hearing on the allegations made against him is received from Mr. Mayton 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: Sandy E. Potter, Jr., C.N.A. 1401-077805

Mr. Potter did not appear.

CLOSED MEETING: Mr. Horn 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 11:57 A.M. for the purpose of deliberation to reach a decision in the matter of Mr. Potter. Additionally, Mr. Horn moved that Ms. Power 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 12:05 P.M.

Mr. Horn 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. Horn moved to issue an order of reprimand to Sandy Potter, with a finding of neglect based on a single incident.

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 Mr. Potter unless a written request to the Board for a formal hearing on the allegations made against him is received from Mr. Potter 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: Betty B. Lee, C.N.A. 1401-089892

Ms. Lee did not appear.

CLOSED MEETING: Mr. Horn 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 12:10 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Lee. Additionally, Mr. Horn moved that Ms. Power 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 12:25 P.M.

Mr. Horn 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. Horn moved to issue an Order of reprimand to Betty Lee, with a finding of abuse.

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. Lee unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Lee 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: Tileatha M. Johnson, C.N.A. 1401-031261

Ms. Johnson did not appear.

CLOSED MEETING: Mr. Horn 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 12:30 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Johnson. Additionally, Mr. Horn moved that Ms. Power 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 12:45 P.M.

Mr. Horn 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. Horn moved to issue an Order of reprimand to Tileatha Johnson, with a finding of neglect based on a single incident.

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. Johnson unless a written request to the Board for a formal hearing on the allegations made against her is received from Ms. Johnson 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: Michelle L. Turner, C.N.A. 1401-105606

Ms. Turner appeared.

Bevette Gardner, C.N.A. 1401-039161

Ms. Gardner appeared.

CLOSED MEETING: Mr. Horn 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 2:50 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Turner and Ms. Gardner. Additionally, Mr. Horn moved that Ms. Power 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 3:05 P.M.

Mr. Horn 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. Horn moved to issue an Order of reprimand to Michele Turner, with a finding of neglect based on a singe incident.

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

ACTION: Mr. Horn moved to issue an Order of reprimand to Bevette Gardner, with a finding of neglect based on a singe incident.

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

The nursing students left the meeting.

CONFERENCES

SCHEDULED: Hong-Lien Ngo, C.N.A. 1401-021308

Ms. Ngo appeared, accompanied by her husband and son, Gerard Ngo and Dzuong Ngo.

CLOSED MEETING: Mr. Horn 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 3:53 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Ngo. Additionally, Mr. Horn moved that Ms. Power 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 4:05 P.M.

Mr. Horn 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. Horn moved to close the case and impose no sanction due to insufficient evidence of a violation of the Nurse Practice Act or Board of Nursing regulations

The motion was seconded and carried unanimously.

CONFERENCES

SCHEDULED: Estelle Dark, C.N.A. 1401-007193

Ms. Dark appeared.

CLOSED MEETING: Mr. Horn 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 4:55 P.M. for the purpose of deliberation to reach a decision in the matter of Ms. Dark. Additionally, Mr. Horn moved that Ms. Power 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.