§ 4-5-322(h)(5). Please try again. 63-7 (Nursing). This stress did interfere with work in the past and the Board wants to make sure that doesn't happen again. These are distinct from unprofessional or unsafe conduct while caring for patients. Doug Ducey Joey Ridenour Governor Executive Director Arizona State Board of Nursing 1740 W Adams Street Suite 2000 Phoenix. We remand the case with directions to the trial court to remand the case to the Board for further proceedings consistent with this opinion. of Tenn., 29 S.W.3d 487, 490 (Tenn.Ct.App.2000). We certainly do not find that the Board erred by declining to assess a civil penalty against Ms. Miller for committing these two offenses. In light of Ms. Miller's concession, the record contains substantial and material evidence that her patients still required nursing care when she left the hospital. R. & Regs. 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 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. Thus, as this record stands, it lacks any evidence at all that Ms. Miller is “mentally incompetent” to practice nursing. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. the series of events that have occurred with the Respondent have caused her great emotional and mental stress to the point where it did interfere with her ability to perform her job appropriately;  for not coming in for certain shifts and also for leaving. However, nowhere in its notice of charges did the Division request that Ms. Miller's license be suspended because she was psychologically impaired.1 During the contested case hearing, the Division presented no evidence, in the form of expert opinions, that Ms. Miller was psychologically unfit to practice nursing. While Ms. Miller conceded that she pled guilty to vandalism and resisting arrest, she insists that the Board could not consider either of these offenses because her record was expunged following the successful completion of her probation. The email address cannot be subscribed. § 40-35-313(a). The statutes pertaining to this Board are found at T.C.A. Following the hearing, the Board ordered the nurse to pay a $1,000 civil penalty and also immediately suspended the nurse's license pending a psychological evaluation. Accordingly, our review is limited to determining the sufficiency of the evidence under Tenn.Code Ann. 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). Ms. Miller moved to Tennessee in 1997. As defined in the Board's rules, patient abandonment occurs when a nurse abandons or neglects a patient requiring nursing care. Begin typing to search, use arrow keys to navigate, use enter to select. 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). The trial court decided that it was not required to review this finding because it had already concluded that Ms. Miller had abandoned her patients. Both the nurse leader and the caregiver have legal duties in this area. Fuentes v. Shevin, 407 U.S. 67, 80, 92 S.Ct. 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. However, the observations of a regulatory board, even a board made up of persons with relevant expertise, cannot replace competent evidence. The board meets quarterly for regular meetings and as needed for special or called meetings. 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. Martin v. Sizemore, 78 S.W.3d 249, 269-71 (Tenn.Ct.App.2001) (expert evidence was required to support discipline of an architect for malpractice). Both have the force of law and may be used in the regulation of a profession. Jean Louise MILLER v. TENNESSEE BOARD OF NURSING. This appeal involves a disciplinary proceeding against a registered nurse. She did not want to go to the emergency room because she had already decided to see her personal physician in Nashville and because she was concerned that she would not be able to pay for a visit to the emergency room. Position Statement . 2005). The final question is whether Ms. Miller inappropriately severed the nurse-patient relationship when she left the hospital before the end of her shift. After receiving a report that a registered nurse left her patients in a hospital's medical/surgical unit before the end of her shift, the Tennessee Board of Nursing commenced a contested case proceeding to discipline the nurse. Many lawyers and judges would not rest easily if they thought that the length, organization, and content of their writings provided a basis to question their psychological competence. Solid Waste Disposal Control Bd., 832 S.W.2d 559, 561 (Tenn.Ct.App.1991). 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. Board Rule 217.11, Standards of Nursing Practice is the heart of nursing practice. Nursing students are held to the same standards of care as licensed nurses, and must therefore understand the ins and outs of patient abandonment just as well. While the terms “abandonment” and “patient abandonment” are not used in the Kentucky Nursing Laws (Kentucky Revised Statutes Chapter 314), the Board has authority to take disciplinary action in specific Report that she had had the condition before has not raised any due process challenges to statute! The basis for the administrative agency 's factual findings only if a reasonable person would necessarily draw a conclusion! Assist licensees and employers, the Board to report ) are employment issues scope! 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