Nursing-Minutes of May 14, 2007 Formal Hearings

Final - Approved

VIRGINIA BOARD OF NURSING

FORMAL HEARINGS

May 14, 2007

TIME AND PLACE: The meeting of the Virginia Board of Nursing was called to order at 3:05 P.M. on May 14, 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

Woody B. Hanes, R.N., M.S.N., F.N.P.

John M. Horn, L.P.N.

Patricia C. Lane, R.N., B.S.N.

Lawrence L. Logan, Citizen Member

Patricia M. Selig, R.N., F.N.P., Ph.D.

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

One nursing student from Virginia Commonwealth University

ESTABLISHMENT OF

A QUORUM: With six members of the Board present, a quorum was established.

FORMAL HEARINGS Sharon Jones, R.N. Applicant

Ms. Jones appeared.

Peter Opper, 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.

CLOSED MEETING: Mr. Logan moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 3:15 P.M., for the purpose of deliberation to reach a decision in the matter of Ms. Jones. Additionally, Mr. Logan moved that Ms. Power, Ms. Mitchell, 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 3:20 P.M.

Mr. Logan 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.

Ms. Lane moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Mr. Opper and amended by the Board.

The motion was seconded and carried unanimously.

Dr. Selig moved to approve the application of Sharon Jones to take the NCLEX-RN examination and issue an unrestricted license upon successful completion of the exam.

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.

Mr. Horn left the meeting.

FORMAL HEARINGS Lisha D. Grier, L.P.N. 0002-052619

Ms. Grier did not appear.

James Schliessmann, Assistant Attorney General and Ann Joseph, Deputy Director, Administrative Proceedings Division, represented the Commonwealth. Howard M. Casway, Senior Assistant Attorney General was legal counsel for the Board. Andrea Pegram, court reporter, recorded the proceedings.

Karen Schaller, Senior Investigator, Department of Health Professions; Janice Gower, R.N., Director of Clinical Services for Maxim Health Care; Beverly Beck, Investigator, Department of Health Professions were present and testified.

CLOSED MEETING: Mr. Logan moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 3:45 P.M., for the purpose of deliberation to reach a decision in the matter of Ms. Grier. Additionally, Mr. Logan moved that Ms. Power, Ms. Mitchell, 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 3:47 P.M.

Mr. Logan 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.

Dr. Selig moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Mr. Schliessmann and to revoke the practical nursing license of Lisha Grier.

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 Leisa Horne, L.P.N. 0002-063758

Ms. Horne did not appear.

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.

CLOSED MEETING: Mr. Logan moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 4:00 P.M., for the purpose of deliberation to reach a decision in the matter of Ms. Horne. Additionally, Mr. Logan moved that Ms. Power, Ms. G. Mitchell, 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 4:02 P.M.

Mr. Logan 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.

Ms. Hanes moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Ms. A. Mitchell and to indefinitely suspend the right to renew the practical nursing license of Leisa Horne 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 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 4:05 P. M.

______

Jodi P. Power, R.N., J.D.

Deputy Executive Director, Nurse Aide Registry Manager

1