May Actions

Case #11-004805
May 18, 2012
NOTICE OF IMMEDIATE SUSPENSION AND OPPORTUNITY FOR HEARING

Amanda Jane Abbott, R.N. 3460 Cooper Road Cincinnati, Ohio 45241 Dear Ms. Abbott: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about January 17, 2012, in Hamilton County Court of Common Pleas Case Number B1106717, you pled guilty to one (1) count of Aggravated Possession of Drugs, a felony of the fifth degree, in violation of Section 2925.11(A), ORC, and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Aggravated Possession of Drugs, a felony of the fifth degree, in violation of Section 2925.11(A), ORC, constitutes a felony drug abuse offense as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-353314, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC.
Amanda Jane Abbott, R.N. Page 2 You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about January 17, 2012, in Hamilton County Court of Common Pleas Case Number B1106717, you pled guilty to one (1) counts of Aggravated Possession of Drugs, a felony of the fifth degree, in violation of Section 2925.11(A), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or about September 29, 2011, and involve you obtaining, possessing, or using Oxycodone. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about January 13, 2012, you admitted to a Board Compliance Agent that you have an addiction to Oxycodone. You stated that your drug use began after you broke your back and were prescribed Darvocet and Percocet. You stated that when you were no longer covered by your mothers health insurance, you could not obtain these medications by prescription. You then obtained drugs by buying drugs from other people.
Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held.
Amanda Jane Abbott, R.N. Page 3 You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Board Member
Certified Mail Receipt No. 7011 2970 0003 1733 4354 cc: Henry G. Appel, Assistant Attorney General
Case #11-002902
May 18, 2012
NOTICE OF OPPORTUNITY FOR HEARING

Cody Thomas Allen, R.N. 5017 Calais Columbus, Ohio 43221 Dear Mr. Allen: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about July 19, 2011, while working as a nurse at Mount Carmel East Hospital in Columbus, Ohio, you were assigned to assist Patient #1. Patient #1 arrived at the emergency room on a backboard and in a C collar. Patient #1 was in an agitated state and he attempted to remove the C collar. You grabbed Patient #1s hand and twisted it back towards the bed. Then you placed your other hand over Patient #1s C collar and pressed his neck on to the Board. Patient #1 stated, What are you going to do now kill me? You replied, Im thinking about it. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(J), Ohio Administrative Code (OAC), states that at all times when a licensed nurse is providing direct nursing care to a client the licensed nurse shall: (2) Treat each client with courtesy, respect, and with full recognition of dignity and individuality. Rule 4723-4-06(K), OAC, states that a licensed nurse shall not: (1) Engage in behavior that causes or may cause physical, verbal, mental, or emotional abuse to a client; (2) Engage in behavior toward a client that may reasonably be interpreted as physical, verbal, mental, or emotional abuse. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice.
Cody Thomas Allen, R.N. Page 2 You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4071 Attorney Certified Mail Receipt No. 7011 2970 0003 1733 4088 cc:

Henry G. Appel, Assistant Attorney General Robert D. Noble, Esq.
Case# 12-000446
May 18, 2012
NOTICE OF AUTOMATIC SUSPENSION AND OPPORTUNITY FOR HEARING

Loleta A. Barakony, L.P.N. P.O. Box 30494 Middleburg Heights, Ohio 44130 Dear Ms. Barakony: You are hereby notified that, on or about May 20, 2011, you entered into a Consent Agreement (May 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a licensed practical nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of two (2) years. A. Item 4. of the May 2011 Consent Agreement states, Within three (3) months of the effective date of this Consent Agreement, MS. BARAKONY shall establish contact with a nursing educator approved by the Board who has no less than a masters degree and who is affiliated with a nursing educational program, and MS. BARAKONY shall have the educator provide the Board with a written report of an assessment of MS. BARAKONY, which identifies MS. BARAKONYs knowledge/practice deficiencies and remedial educational needs. Prior to the assessment, MS. BARAKONY shall provide the nursing educator with a copy of this Consent Agreement and shall submit to any nursing skills or knowledge assessments required by the educator. MS. BARAKONY shall also execute releases prior to the assessment to permit the nursing educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. BARAKONYs employer(s), former employers, and Board staff. Following the assessment, MS. BARAKONY shall have the nursing educator provide the Board with a copy of a learning plan developed by the educator for MS. BARAKONY and shall obtain approval of the learning plan by the Board or its designee. The learning plan shall identify specific remediation that MS. BARAKONY shall complete to address any knowledge/practice deficiencies and remedial educational needs identified by the nursing educator and shall identify the time frame during which MS. BARAKONY shall complete such learning plan. MS. BARAKONY shall successfully complete and submit satisfactory documentation of successful completion of the learning plan within the time frame specified in the learning plan.
Loleta A. Barakony, L.P.N. Page 2 Despite this provision, as of April 23, 2012, you have failed to seek Board approval of a nursing educator who can provide the Board with a written assessment of your nursing knowledge/practice deficiencies and remedial educational needs. You have failed to provide the Board a copy of an educational needs assessment and a learning plan. B. Item 10. of the May 2011 Consent Agreement states, MS. BARAKONY shall submit any and all information, which the Board or its designee may request, regarding her ability to practice nursing according to acceptable and prevailing standards of safe nursing care. On or about December 2, 2011, during a telephone interview, your Board Compliance Agent requested that you submit a written statement explaining your delay in obtaining an educational needs assessment and learning plan. Despite this request, as of April 23, 2012, you have failed to submit a written statement to the Board explaining the delay in obtaining an educational needs assessment and learning plan. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the May 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 4. and 10. of the May 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-033997, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or on or about on or about May 20, 2011, you entered into a Consent Agreement (May 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a licensed practical nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of two (2) years.
Loleta A. Barakony, L.P.N. Page 3 2. Item 4. of the May 2011 Consent Agreement states, Within three (3) months of the effective date of this Consent Agreement, MS. BARAKONY shall establish contact with a nursing educator approved by the Board who has no less than a masters degree and who is affiliated with a nursing educational program, and MS. BARAKONY shall have the educator provide the Board with a written report of an assessment of MS. BARAKONY, which identifies MS. BARAKONYs knowledge/practice deficiencies and remedial educational needs. Prior to the assessment, MS. BARAKONY shall provide the nursing educator with a copy of this Consent Agreement and shall submit to any nursing skills or knowledge assessments required by the educator. MS. BARAKONY shall also execute releases prior to the assessment to permit the nursing educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. BARAKONYs employer(s), former employers, and Board staff. Following the assessment, MS. BARAKONY shall have the nursing educator provide the Board with a copy of a learning plan developed by the educator for MS. BARAKONY and shall obtain approval of the learning plan by the Board or its designee. The learning plan shall identify specific remediation that MS. BARAKONY shall complete to address any knowledge/practice deficiencies and remedial educational needs identified by the nursing educator and shall identify the time frame during which MS. BARAKONY shall complete such learning plan. MS. BARAKONY shall successfully complete and submit satisfactory documentation of successful completion of the learning plan within the time frame specified in the learning plan. Despite this provision, as of April 23, 2012, you have failed to seek Board approval of a nursing educator who can provide the Board with a written assessment of your nursing knowledge/practice deficiencies and remedial educational needs. You have failed to provide the Board a copy of an educational needs assessment and a learning plan 3. Item 10. of the May 2011 Consent Agreement states, MS. BARAKONY shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. On or about December 2, 2011, during a telephone interview, your Board Compliance Agent requested that you submit a written statement explaining your delay in obtaining an educational needs assessment and learning plan. Despite this request, as of April 23, 2012, you have failed to submit a written statement to the Board explaining the delay in obtaining an educational needs assessment and learning plan. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board.
Loleta A. Barakony, L.P.N. Page 4 Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4514 Henry G. Appel, Assistant Attorney General
cc:
Case #09-1260
Board of Nursing
CONSENT AGREEMENT BETWEEN LOLETA A. BARAKONY, L.P.N. AND OHIO BOARD OF NURSING
www.~~ursing.ohio.gov
17 Sour11 Iligl~ l ~ ~ c t , 400 * Columbus, Ohio 43215-7410 * (614) 466-3047 S Suite
This Consent Agreement is entered into by and between LOLETA A. BARAKONY, L.P.N. (MS. BARAKONY) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. MS. BARAKONY voluntarily enters into this Consent Agreement being fully informed of her rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement.
BASIS FOR ACTION

This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by t11e Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723.28(B)(19), ORC, authorizes the Board lo discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723,28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of this chapter or any rules adopted under it. Specifically, Rule 47234-06(E), Ohio Administrative Code (OAC), states that a licensed nurse shall, in a complete, accurate, and timely manner, report and document nursing assessments or observations, the care provided by the nurse for the client, and the client's response to that care. Rule 4723-4-06(H), Ohio Administrative Code, states that a licensed nurse shall implement measures to promote a safe environment for each client. MS. BARAKONY has an active license to practice nursing as a licensed practical nurse, PN-033997, in the State of Ohio. MS. BARAKONY was initially licensed as a licensed practical nurse in 1970.
B.
Loleta A. Barakony, L.P.N. Page 2
C.
MS. BARAKONY knowingly and voluntarily admits to the following:

1) On or about February 18, 2009, MS. BARAKONY's nursing employment at Century Oak Center in Middleburg Heights, Ohio was terminated after receiving several disciplinary actions related to her nursing practice including: failing to administer medications or administering incorrect medications and failing to document assessments or care provided to patients. MS. BARAKONY was noted to have committed similar practice errors, while working as a nurse at other nursing facilities in the area.
2)
MS. BARAKONY admits that she has made several medication errors over the years, but states that all of her medication errors have been accidental and usually due to some interruption that occurred, while she was completing her medication pass. MS. BARAKONY is willing to cooperate with the Board in order to maintain her nursing license.
AGREED CONDITIONS
3)
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. BARAKONY knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: MS. BARAKONY's license to practice nursing as a licensed practical nurse shall be suspended indefinitely. Such suspension is hereby stayed, subject to the following probationary terms, conditions, and limitations for a minimum period of two (2) years:
1.
2.
MS. BARAKONY shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MS. BARAKONY shall appear in person for an interview before the full Board or its designated representative, as requested by the Board or its designee. MS. BARAKONY agrees that she will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. BARAKONY, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. BARAKONY's criminal records check reports to the Board. MS. BARAKONY's completed criminal records check, including the FBI check, must be received by the Board within six (6) months following the effective date of this Consent Agreement.
3.
Loleta A. Barakony, L.P.N. Page 3 Educational Needs Assessment a n d Learning Plan

4.
Within three (3) months of the effective date of this Consent Agreement, MS. BARAKONY shall establish contact with a nursing educator approved by the Board who has no less than a master's degree and who is affiliated with a nursing educational program, and MS. BARAKONY shall have the educator provide the Board with a written report of an assessment of MS. BARAKONY, which identifies MS. BARAKONY's knowledgelpractice deficiencies and remedial educational needs. Prior to the assessment, MS. BARAKONY shall provide the nursing educator with a copy of this Consent Agreement and shall submit to any nursing skills or knowledge assessments required by the educator. MS. BARAKONY shall also execute releases prior to the assessment to permit the nursing educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. BARAKONY's employer(s), former employers, and Board staff. Following the assessment, MS. BARAKONY shall have the nursing educator provide the Board with a copy of a learning plan developed by the educator for MS. BARAKONY and shall obtain approval of the learning plan by the Board or its designee. The learning plan shall identify specific remediation that MS. BARAKONY shall complete to address any knowledgelpractice deficiencies and remedial educational needs identified by the nursing educator and shall identify the time frame during which MS. BARAKONY shall complete such learning plan. MS. BARAKONY shall successfully complete and submit satisfactory documentation of successful completion of the learnillg plan within the time frame specified in the learning plan.
5.
MS. BARAKONY shall be responsible for all costs associated with obtaining and meeting the requirements of the learning plan.
After MS. BARAKONY has successfully completed the learning pian, the nursing educator shall provide the Board with an assessment and any recommendations for additional remedial education and/or restrictions that should be placed on MS. BARAKONY's license to practice. Furthermore, the nursing educator shall provide to the Board a written opinion stating whether MS. BARAKONY is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. The Board may utilize the nursing educator's recommendations and conclusions from the assessment as a basis for additional terms, conditions, and limitations on MS. BARAKONY's license and that the terms, conditions, and lilnitations shall be incorporated in an addendum to this Consent Agreement.
6.
Employment Conditions
7.
If working in a position in which a nursing license is required, MS. BARAKONY shall notify the Board, in writing, of the name and address of any current employer within thirty (30) days following the effective date of
this Consent Agreement, or any new employer prior to accepting employment.
MS. BARAKONY, within fifteen (15) days of the effective date of the Consent Agreement, if working in a position in which a nursing license is required, shall provide her employer(s) with a copy of this Consent Agreement. Further, MS. BARAKONY is under a continuing duty to provide a copy of this Consent Agreement to any new employer prior to accepting employment in a position in which a nursing license is required. MS. BARAKONY shall have her employer(s), if working in a position where a nursing license is required, submit written reports on a quarterly basis regarding job performance beginning within thirty (30) days of the effective date of the Consent Agreement or within thirty (30) days of accepting nursing employment. MS. BARAKONY shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement, including the date the Consent Agreement was received.
rting Requirements of Licensee
MS. BARAKONY shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MS. BARAKONY shall submit any and all information, which the Board or its designee may request, regarding her ability to practice nursing according to acceptable and prevailing standards of safe nursing care. MS. BARAKONY shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MS. BARAKONY shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communicatio~lsrequired by this Consent Agreement shall be made to the Compliance Unit of the Board. MS. BARAKONY shall submit all documentation required by this Consent Agreement or requested by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 43215-7410. MS. BARAKONY shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MS. BARAKONY shall inform the Board within five (5) business days, in writing, of any change in employlnent status or of any change in residential or home address or telephone number.
Loleta A. Baraltony, L.P.N, Page 5
Temporary Practice Restrictions MS. BARAKONY shall not practice nursing as a licensed practical nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. BARAKONY to provide nursing services for fees, compensation, or other consideration or as a volunteer. MS. BARAKONY shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities or supervising and evaluating nursing practice. Such positions include but are not limited to the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY MS. BARAKONY agrees that her license to practice nursing as a licensed practical nurse will be automatically suspended if it appears to the Board that MS. BARAKONY has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. BARAKONY via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. BARAKONY may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 472328(B), ORC. If, in the discretion of the Board, MS. BARAKONY appears to have violated or breached any terms or conditions of the Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.
DURATION/MODIF'ICATION OF TERMS
The terms, limitations and conditions of this Consent Agreement may be modified or terininated, in writing, at any time upon the agreement of both MS. BARAKONY and the Board. The Board shall only alter the probationary period imposed by this Consent Agreement if: (I) MS. BARAKONY has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. BARAKONY is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring based upon an interview with MS. BARAKONY and review of the reports required herein. Any period during which MS. BARAKONY does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
ACKNOWLEDGMENTS/LIABILITY RELEASE
MS. BARAKONY acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MS. BARAKONY waives all of her rights under Chapter 119, ORC as they relate to matters that are the subject of this Consent Agreement. MS. BARAKONY waives any and all claims or causes of action she may have against the Board, and members, officers, employees andlor agents of either, arising out of matters that are the subject of this Consent Agreement.
This Consent Agreement is not an adjudication order as discussed in Chapter 119, ORC. However, any action initiated by the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC. This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies.
EFFECTIVE DATE MS. BARAKONY understands that this Consent Agreement is subject to ratification by the Board prior to signature by the Board President and shall become effective upon the last date of signature below.
g(i
BERTHA LOVELACE, President Ohio Board of Nursing
5 / 2 / w
DATE
DATE
Case #11-001658
May 18, 2012

Darlene J. Barnes 503 Garrison Fremont, Ohio 43420 Dear Ms. Barnes: On March 26, 2012, the Ohio Board of Nursing (Board) issued to you a Notice of Immediate Suspension and Opportunity for Hearing, a copy of which is attached hereto and incorporated herein. You are notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28 of the Ohio Revised Code, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse, certificate of authority to practice as a clinical nurse specialist, and/or certificate of prescriptive authority; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 13, 2012, in Sandusky County Court of Common Pleas Case Number 12-CR-58, you pled guilty to six (6) counts of Illegal Processing of Drug Documents, all felonies of the fifth degree, in violation of Section 2925.23(B)(1), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or about dates from October 11, 2010 to May 7, 2011 in Sandusky County, and involve you attempting to make, utter, or sell or knowingly possess a false or forged prescription where the drugs involved were Vicodin, Ativan and Lortab. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about November 7, 2011, you admitted that in the course of your practice, for a period of approximately six months, you
Darlene J. Barnes Page 2 called in false prescriptions for yourself for Hydrocodone and/or other controlled substances using the name of Dr. Vonderembse, a psychiatrist. You stated that you would place the calls to pharmacies posing as a member of your office staff. You stated that your last use of Hydrocodone was in May, and that in October, Talbot Hall identified you with opioid abuse. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. 3. In 2003, you applied to the Board for a Certificate of Authority and a Certificate to Prescribe, identifying on both applications that your collaborating physician was Sandra Vonderembse. On or about November 7, 2011, you stated to a Board Compliance Agent that Dr. Basu was your collaborating physician when you worked for Century Health, Findlay, for a period of two and one-half to three years. You never notified the Board that Dr. Basu was your collaborating physician. You entered a collaborating agreement with Dr. Bauer on or about September 25, 2011. To date, you have not submitted any notification to the Board that Dr. Bauer is your collaborating physician.
Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Section 4723.41(A)(4)(d), ORC, authorizes the Board to discipline a certificate holder for failure to give written notice to the Board of a change in collaborating physicians within thirty days after the change takes effect. Rule 4723-8-04 (F), OAC, states that a certified nurse-midwife, certified nurse practitioner, or clinical nurse specialist shall notify the board of the identity of a collaborating physician or podiatrist no later than thirty days after engaging in practice. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in
Darlene J. Barnes Page 3 writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse certificate of authority to practice as a clinical nurse specialist, and/or certificate of prescriptive authority; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Board Member Certified Mail Receipt No. 7011 2970 0003 1733 4644 Attorney Certified Mail Receipt No. 7011 2970 0003 1733 4651 cc: Henry G. Appel, Assistant Attorney General Elizabeth Y. Collis, Esq.
BEFORE THE OHIO BOARD OF NURSING

IN THE MATTER OF: TONY EPIE BETANGA, L.P.N. APPLICANT CASE NO. 11-3238
ORDER
By certified mail letter, dated November 22, 2011, TONY EPIE BETANGA, L.P.N. APPLICANT, was ordered to submit to an examination pursuant to Section 4723.28(G), Ohio Revised Code (ORC). On March 16, 2012, the Board found that MR. BETANGA admitted to the allegations set forth in the November 22, 2011 examination order because MR. BETANGA failed to submit to the examination and the failure was not due to circumstances beyond his control. Accordingly, on March 16, 2012, the Board issued a Default Order (March 2012 Default Order) denying MR. BETANGAs application for licensure by endorsement to practice nursing as a licensed practical nurse for a period of one (1) year with conditions for reapplication. The March 2012 Default Order also informed MR. BETANGA that he was entitled to a hearing in the matter if the hearing was requested within thirty days of the mailing of the Default Order. A true copy of the March 2012 Default Order is attached hereto and incorporated herein. In accordance with Section 119.07, ORC, the March 2012 Default Order was sent via certified mail, return receipt requested, to the address of record of MR. BETANGA in Columbus, Ohio. MR. BETANGA did not submit a hearing request within the statutory timeframe specified in Section 119.07, ORC. Upon consideration of the allegations contained in the November 22, 2011 examination order and the findings contained in the March 2012 Default Order, the Board finds that MR. BETANGA has committed acts in violation of the Nurse Practice Act, as set forth in the March 2012 Default Order, and the Board orders that MR. BETANGAs application for licensure by endorsement to practice nursing as a licensed practical nurse is hereby denied for a period of one (1) year, as of March 16, 2012, with conditions for reapplication as set forth in the March 2012 Default Order. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.
TIME AND METHOD TO PERFECT AN APPEAL

Any party desiring to appeal shall file a Notice of Appeal with the Ohio Board of Nursing, 17 S. High St., Ste 400, Columbus OH 43215-7410, setting forth the order appealed from and the grounds of the partys appeal. A copy of such Notice of Appeal shall also be filed by the appellant with the Franklin County Court of Common Pleas, Columbus, Ohio. Such notices of appeal shall be filed within fifteen (15) days after the mailing of the notice of the Ohio Board of Nursings Order as provided in Section 119.12 of the Ohio Revised Code.
CERTIFICATION
The State of Ohio County of Franklin
I, the undersigned Betsy J. Houchen, Executive Director for the Ohio Board of Nursing, hereby certify that the foregoing is a true and exact reproduction of the original Order of the Ohio Board of Nursing entered on its journal, on the 18th day of May, 2012.
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director __May 18, 2012______________________ Date
(SEAL)
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing Order, TONY EPIE BETANGA, L.P.N. APPLICANT, was sent via certified mail, return receipt requested, this 21st day of May, 2012 to TONY EPIE BETANGA, c/o Rex Mbouge, 3368 Omega Dr., Columbus, Ohio 43231. I also certify that a copy of the same was sent via regular U.S. mail this 21st day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020.
______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director
maw cc: Henry G. Appel, Assistant Attorney General
Certified Mail Receipt No. 7011 2970 0003 1733 4767

IN THE MATTER OF: TONY EPIE BETANGA, L.P.N. APPLICANT CASE NO. 11-3238
DEFAULT ORDER
By certified mail letter, dated November 22, 2011, TONY EPIE BETANGA, L.P.N APPLICANT, was ordered to submit to an examination pursuant to Section 4723.28(G) ORC. A signed certified mail receipt was received by the Board indicating that MR. BETANGA received the Order for the examination. MR. BETANGA has failed to schedule an appointment for the examination and the Board has not received information that MR. BETANGA's failure to schedule the examination was due to circumstances beyond his control. In accordance with Section 4723.28(G) ORC, the failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individual's control and a default and final order may be entered without the taking of testimony or presentation of evidence. The Board finds that MR. BETANGA has failed to submit to an examination when directed, and that the failure was not due to circumstances beyond his control. Section 4723,28(B)(16) provides that the Board can deny an application, suspend or place restrictions on a license for violation of Chapter 4723 or any rules adopted under that chapter. In accordance with Section 4723,28(B)(16) and Section 4723.28(G) ORC, the Ohio Board of Nursing finds that that MR. BETANGA has admitted the truth of the allegations set forth in the November 22, 2011 examination order issued to MR. BETANGA and Orders that MR. BETANGA's application for licensure by endorsement to practice nursing as a licensed practical nurse in the State of Ohio is hereby denied for a period of one (1) year with the conditions for reapplication set forth below:
CONDITIONS FOR REAPPLICATION

1. MR. BETANGA shall obey all federal, state, and local laws, and all laws and rules goveming the practice of nursing in Ohio. 2. MR. BETANGA shall appear in person for interviews before the full Board or its designated representative as requested by the Board and prior to reapplication. 3. MR. BETANGA shall enter into a Consent Agreement with the Board for probationary terms, conditions, limitations, and restrictions determined by the Board for a minimum
period of time determined by the Board. The probationary terms, conditions, limitations, and restrictions determined by the Board shall include, but not be limited to, completion or continuation of psychiatric treatment recommended andor restrictions specified by the examining psychiatrist. If the Board and MR. BETANGA are unable to agree to terms, conditions, limitations, and restrictions in a Consent Agreement, the terms, conditions, limitations, and restrictions shall be determined after a hearing is held. 4. MR. BETANGA shall, at his own expense, obtain a psychiatric evaluation from Dr. Howard Sokolov, OSU Harding Hospital, 1670 Upham Dr., Fifth Floor, Columbus, Ohio 43210, or another psychiatrist approved in advance by the Board and shall provide the Board with complete documentation of such evaluation. Prior to the evaluation, MR. BETANGA shall provide the psychiatrist with a copy of the Board Order and all public documents concerning MR. BETANGA, and shall execute releases to permit the psychiatrist to obtain any information deemed appropriate and necessary for the evaluation. The psychiatrist shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any restrictions that should be placed on MR. BETANGA's practice. The psychiatrist shall provide an opinion to the Board regarding whether MR. BETANGA is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
Reporting Requirements of Applicant

5. MR. BETANGA shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board. 6. MR. BETANGA shall submit any and all information that the Board may request regarding his ability to practice according to acceptable and prevailing standards of safe nursing practice.
7. MR. BETANGA shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers.
8. MR. BETANGA shall submit the reports and documentation required by this ORDER on forms specified by the Board. All reporting and communications required by this ORDER shall be made to the Monitoring Unit of the Board. 9. MR. BETANGA shall submit the reports and documentation required by this ORDER to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
10. MR. BETANGA shall verify that the reports and documentation required by this ORDER are received in the Board office. 11. MR. BETANGA shall inform the Board within three (3) business days, in writing, of any change in address andor telephone number.
In accordance with Chapter 119, ORC, MR. BETANGA is hereby informed that MR. BETANGA is entitled to a hearing on this matter. If MR. BETANGA wishes to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice.
MR. BETANGA is hereby further informed that, if MR. BETANGA timely requests a hearing, MR. BETANGA is entitled to appear at such hearing in person, by MR. BETANGA's attorney, or by such other representative as is permitted to practice before the Board, or MR. BETANGA may present his position, arguments, or contentions in writing. At the hearing MR. BETANGA may also present evidence and examine witnesses appearing for and against MR. BETANGA.
Should MR. BETANGA choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, O H 43215-7410, o r a t hearin~@nursing.ohio.pov. This ORDER shall become effective immediately upon the date of mailing indicated on the attached Certificate of Service and is hereby entered upon the Journal of the Board for the 16'h day ofNa&, 2012.
CERTIFICATION
I, the undersigned Betsy J. Houchen, Executive Director for the Ohio Board of Nursing, hereby
certify that the foregoing is a true and exact reproduction of the original Order of the Ohio Board of Nursing entered on its journal, on the @day of March 2012.
hetsv J. bude en, R.N., M.S., J.D. Executive Director March 16.2012 Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, TONY EPIE BETANGA, was sent via certified mail, return receipt requested, this
19th day
of March, 2012 to TONY
EPIE BETANGA, c/o Rex Mbouge, 3368 Omega Dr., Columbus, Ohio 43231.
I also certify that a copy of the same was sent via regular U S , mail this 19'h day of March, 2012 to David Krupnick, SAC, Sanctions & Exclusions, Deparhnent of Health and Human Services, Office of Inspector General, Ofice of Investigations, PO Box 81020, Chicago IL 60601-81020.
getsy J. ~ b u & e n ,R.N., MS., J.D. Executive Director
cc:
Melissa T. Sutter, Assistant Attorney General
Certified Mail Receipt No. 701 1 2970 0003 1733 2015
Case #11-002430
May 18, 2012

Michelle Rae Binion, L.P.N. 4255 Woodmere Dr. Austintown, Ohio 44515 Dear Ms. Binion: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about June 3 and/or June 4, 2011, while working as a nurse for Maxim Pediatric Services, Inc. in Poland, Ohio (Maxim), you were assigned to provide care to Patient #1. Patient #1 is a child who requires the assistance of a ventilator. On multiple occasions, you failed to wash your hands or wear gloves when performing ventilator care. You also placed the suction catheter on Patient #1s bed and on Patient #1s chest when performing ventilator care. Section 4723.28(B)(18), ORC, authorizes the Board to discipline a licensee for failure to use universal blood and body fluid precautions established by rules adopted under section 4723.07, ORC. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-20-02(G), Ohio Administrative Code, authorizes the Board to discipline a licensee for failure to deliver healthcare while observing and rigorously adhering to the acceptable and prevailing standard precautions to minimize exposure to disease causing agents and prevent infection, including at least the following: (A) hand hygiene; (B) respiratory hygiene; (C) effective disinfection and sterilization of equipment; (G) use of personal protective equipment, including wearing and disposal of gloves and other protective garments and devices. Section 4723-20-03, OAC, authorizes the Board to discipline a licensee for failure to deliver healthcare while observing acceptable and prevailing standard precautions for hand hygiene, including but not limited to: (A) appropriate handwashing prior to performing or participating in an exposure-prone activity and after performing or participating in an exposure-prone activity; (B) washing the hands and other skin surfaces immediately and through when hands have had contact with mucous membranes, blood or body fluids, secretions of excretions, or after touching contaminated items. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Rule 4723-4-06(H),
Michelle Rae Binion, L.P.N. Page 2 Ohio Administrative Code, states that a licensed nurse shall implement measures to promote a safe environment for each client. 2. On or about June 3 and/or June 4, 2011, while working as a nurse for Maxim, you re-used the same suction catheter multiple times when performing ventilator care to Patient #1. You failed to change the suction catheter or otherwise disinfect it prior to each use. Section 4723.28(B)(18), ORC, authorizes the Board to discipline a licensee for failure to use universal blood and body fluid precautions established by rules adopted under section 4723.07, ORC. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-20-04 authorizes the Board to discipline a licensee who performs or participates in an exposure-prone activity and fails to appropriately disinfect and sterilize according to acceptable and prevailing standards for disinfection and sterilization which shall include at least the following: (A) equipment and devices that enter a normally sterile area of the body shall be sterilized before being used for each client; and (B) equipment and devices that touch an intact mucous membrane but do not penetrate the clients body surfaces shall be sterilized when possible, or undergo high-level disinfection if the equipment or device cannot be sterilized before being used for each client; (C) the licensee shall use aseptic technique, as appropriate. 3. On or about June 3 and/or June 4, 2011, while working as a nurse for Maxim, you fell asleep while assigned to provide care to Patient #1. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(H), OAC, states that a licensed nurse shall implement measures to promote a safe environment for each client. 4. On or about June 5, 2011 you told Maxim that you had never fallen asleep at Patient #1s home, and also stated that you always maintain universal precautions. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P), OAC, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to: (2) current employers. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice.
Michelle Rae Binion, L.P.N. Page 3 You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 3982 cc: Henry G. Appel, Assistant Attorney General
Cases #11-003482, 09-5685, 09-5403
May 18, 2012

Joyce A. Birkhimer (aka Joyce Wilcher), R.N. 104 Wisteria Lane Frankfort, Kentucky 40601 Dear Ms. Birkhimer: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: On or about August 31, 2011 you submitted an application for biennial renewal of license to practice as a registered nurse. 1. On or about November 13, 2009 your Medicaid Provider Agreement with the Ohio Department of Job and Family Services was terminated due to violations of the terms of the Agreement, which occurred while working as a nurse in the State of Ohio. Section 4723.28(B)(1), ORC, authorizes the Board to discipline a licensee for denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction. 2. On or about January 14, 2009 you wrote a personal check for $240.00 to Patient #1s mother. On or about August 31, 2011 you submitted a letter to the Board with enclosures that indicate that the check was intended to help Patient #1s family purchase a handicapped-accessible van for Patient #1. Section 4723.28(B)(31), ORC, authorizes the Board to discipline a licensee for failure to establish and maintain professional boundaries with a patient, as specified in rules adopted under section 4723.07, ORC. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(I), Ohio Administrative Code, states that a licensed nurse shall delineate, establish, and maintain professional boundaries with each client. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC.
Joyce A. Birkhimer (aka Joyce Wilcher), R.N. Page 2 In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #11-001401
May 18, 2012

Mary M. Brown, R.N. 8227 North Palmyra Road Canfield, Ohio 44406 Dear Ms. Brown: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about February 1, 2012, in Trumbull County Court of Common Pleas Case Number 11-CR-628, you pled guilty to and were found guilty of four (4) counts of Illegal Processing of Drug Documents, felonies of the fifth degree, in violation of Section 2925.23(A) & (F)(2), ORC. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Illegal Processing of Drug Documents, felonies of the fifth degree, in violation of Section 2925.23(A) & (F)(2), ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-139972, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC.
Mary M. Brown, R.N. Page 2 You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about February 1, 2012, in Trumbull County Court of Common Pleas Case Number 11-CR-628, you pled guilty to and were found guilty of four (4) counts of Illegal Processing of Drug Documents, felonies of the fifth degree, in violation of Section 2925.23(A) & (F)(2), ORC. The acts underlying this case occurred in or about March 2010, April 2010, May 2010, and June 2010, and involve you making a false statement in any prescription, order, report, or record involving Digoxin, a dangerous drug. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about April 12, 2011, you admitted to a Board Compliance Agent that for approximately one (1) year, while employed as a nurse by the Burdman Group, Inc., you called in prescriptions for mental health clients without an order from a doctor or other authorized prescriber. You stated that the clients were non-compliant with office visits so you did what you had to do so that the patients could continue receiving their medications. You admitted that when you called in the prescriptions, you used the name of a doctor that you had not consulted with, that had not given you permission to use his name, and that had no knowledge that you were using his name.
Section 4723.28(B)(20), ORC, authorizes the Board to discipline a licensee for, in the case of a registered nurse, engaging in activities that exceed the practice of nursing as a registered nurse. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing
Mary M. Brown, R.N. Page 3 of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Certified Mail Receipt No. 7011 2970 0003 1733 4408 Attorney Certified Mail Receipt 7011 2970 0003 1733 4415 cc: Henry G. Appel, Assistant Attorney General William E. Pfau, III, Esq.
Case# 12-000319
May 18, 2012

Nola A. Brown (F.K.A. Nola Ann-Ellen Doles) 1191 E. Rich Street Columbus, Ohio 43205 Dear Ms. Brown: In accordance with Chapter 119, of the Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. Your license to practice nursing as a registered nurse is currently suspended for indefinite period of time with conditions for reinstatement pursuant to a Consent Agreement you entered into with the Board, effective September 24, 2010, (September 2010 Consent Agreement), a copy of which is attached hereto and incorporated herein. Attached to incorporated within the September 2010 Consent Agreement is May 2010 Notice of Immediate Suspension and Opportunity for hearing (May 2010 Notice). On or about November 2, 2011, the Board received your letter requesting reinstatement. 2. You failed to meet your conditions for reinstatement as follows: Item 2. of the September 2010 Consent Agreement states, MS. DOLES shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MS. DOLES shall comply with all terms and conditions imposed by the Fayette County Court of Common Pleas Case Numbers 20030095CRI and 20030113 CRI and Ross County Court of Common Pleas Case Number 06CR00454. Despite these provisions, on or about December 17, 1999, in Franklin County Court of Common Pleas, having pled guilty, you were convicted of the following: (a) Case No. 98CR-4321, one (1) count of Forgery, a fifth-degree felony in violation of Section 2913.31, ORC, and two (2) counts of Possessing Criminal Tools, a fifth-degree felony in violation of Section 2923.24, ORC; (b) Case 99CR-1352, one (1) count of Forgery, a fifth-degree felony in violation of Section 2913.31, ORC; and (c) Case No. 99CR-2722, one (1) count of Forgery, a fifthdegree felony in violation of 2913.31, ORC, and one (1) count of Receiving
Nola A. Brown (F.K.A. Nola Ann-Ellen Doles) Page 2 Stolen Property, a fifth-degree felony in violation of Section 2913.51, ORC. The acts underlying the crimes in the three cases occurred in or about 1998. Furthermore, despite the above criminal convictions, in 2001 you submitted a 2001-2003 renewal application to the Board and were required to indicate whether you had been convicted of . . . a felony (in Ohio, or any other state) since the submission of your last renewal application. You failed to disclose any of the above referenced convictions. In a letter to the Board dated February 1, 2012, you state that I was not completely honest in my disclosure of my legal history . . . I shouldve been honest from the beginning and it was so wrong of me. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Section 4723.28(A) ORC, authorizes the Board to revoke the license or refuse to grant a license to a person who has been found by the Board to have committed fraud, misrepresentation, or deception in applying for or securing any license issued by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse;
Nola A. Brown (F.K.A. Nola Ann-Ellen Doles) Page 3 reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No.: 7011 2970 0003 1733 4262 cc: Henry G. Appel, Assistant Attorney General
Case #lo-1876
Ohio Board of Nursing

17 South His11 Street, Suite 400
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CONSENT AGREEMENT BETWEEN NOLA ANN-ELLEN DOLES, R.N. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between NOLA ANN-ELLEN DOLES, R.N. (MS. DOLES) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723 of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder MS. DOLES voluntarily enters into this Consent Agreement being fully informed of her rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings:
A.
The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00). Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial a finding of guilt of, a judicial finding of guilt resulting E T O ~ plea of no coiltest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross ilnmorality or moral turpitude. Section 4723,28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial fmding of guilt of, a judicial fmding of guilt resulting E T O ~ plea of no contest to, a or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. MS. DOLES has been licensed to practice nursing as a registered nurse in the State of Ohio, RN-260.349, since 1995. MS. DOLES'S license has been suspended since October 2004 per Sections 3123.41 to 3123.50, ORC, and Section 4723.91, ORC.
B.
Nola Ann-Ellen Doles, R N. Page 2
C.
MS. DOLES knowingly and voluntarily admits to the factual and legal allegations set forth in the Notice of Immediate Suspension and Opportunity for Hearing dated May 21, 2010 May 2010 Notice), a copy of which is attached hereto and incorporated herein MS. DOLES reported her criminal convictions to the Board MS. DOLES reports that she was incarcerated from August 2006 to .July 2010. MS. DOLES was released in .July 2010 and is participating in a transitional program with New Beginnings Transitional Housing for Women, Columbus, Ohio. MS. DOLES reports that she has not worked as a nurse since October 2004 AGREED CONDITIONS
D. E.
F.
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. DOLES lcnowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations:
SUSPENSION OF LICENSE
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MS. DOLES'S license to practice nursing as a registered nurse is hereby suspended for an indefinite period of time, but not less seven (7) years from the date MS. DOLES's nursing license was first suspended in October 2004 MS. DOLES may submit a written request for reinstatement after November 1, 2011, if the conditions for reinstatement have been satistied.
CONDITIONS FOR REINSTATEMENT

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MS. DOLES shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio MS. DOLES shall comply with all terms and conditions imposed by the Fayette County Court of Common Pleas Case Numbers 20030095CRI and 20030113 CRI and Ross County Court of Common Pleas Case Number 06CR00454 MS. DOLES shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee, Prior to requesting reinstatement, the Board shall receive notice pursuant to Sections, 3123.45 - 3123.48, ORC, that MS. DOLES is no longer out of compliance with her child support default
3.
Nola Ann-Ellen Doles, R.N Page 3
5.
Within six (6) months prior to requesting reinstatement, MS. DOLES agrees that
she will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. DOLES, including a checlc of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. DOLES's criminal records check reports to the Board MS. DOLES agrees that a
request for reinstatement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board.
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Prior to reinstatement, MS. DOLES shall enter into a Consent Agreement with the
Board for probationary terms, conditions, and limitations determined by the Board for a minimum period of three (3) years following reinstatement
Psychiatric Evaluation
7.
Upon the request of the Board or its designee, MS. DOLES shall, at her expense,
obtain a comprehensive evaluation by a psychiatrist and who is approved in advance by the Board. MS. DOLES shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. DOLES shall provide the evaluating psychiatrist with a copy of this Consent Agreement and the May 2010 Notice Further, MS. DOLES shall execute releases to permit the evaluating psychiatrist to obtain any information deemed appropriate and necessary for the evaluation The psychiatrist shall submit a written opinion to the Board that includes diagnoses, and recommendations for treatment and monitoring, any additional restrictions to be placed on MS. DOLES's license to practice, and stating whether MS. DOLES is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care
8.
If a psychiatric evaluation is requested, MS. DOLES shall provide the Board with
satisfactory documentation of compliance with all aspects of the treatment plan developed by the psychiatrist described above until released Further, MS. DOLES agrees that the Board may utilize the psychiatrist's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MS. DOLES's license and that the terms, conditions, and limitations shall be incorporated in an addendum to this Consent Agreement
Monitoring of Rehabilitation and Treatment 9. MS. DOLES shall abstain completely from the personal use o r possession of drugs,
except those prescribed, administered, or dispensed to her by another s o authorized by law who has full knowledge of MS. DOLES's history of chen~icalhistory. MS. DOLES shall self-administer the prescribed drugs only in the manner prescribed 10. 11.
MS. DOLES shall abstain completely from the use of alcohol Within three (3) months immediately prior to requesting reinstatement, MS. DOLES shall, at her expense, obtain a chemical dependency evaluation by a Board
Nola Ann-Ellen Doles, R.N Page 4 approved chemical dependency pr'ofessional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. DOLES shall provide the chemical dependency professional with a copy of this Consent Agreement and the May 2010 Notice. Further, MS. DOLES shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The chemical dependency professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions to be placed on MS. DOLES's license to practice, and stating whether MS. DOLES is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. 12.
MS. DOLES shall provide the Board with satisfactory clocumentation of compliance with all aspects of the treatment plan developed by the chemical dependency professional described above until released. Further, MS. DOLES agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MS. DOLES's license and that the terms, conditions, and limitations shall be incorporated in an addendum to this Consent Agreement, For a minimum, continuous period of nine (9) months immediately prior to requesting reinstatement, MS. DOLES shall submit, at her expense and on the day selected, blood or urine specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MS. DOLES's initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restr.iction placed on a license for purposes of Section 4723..28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. DOLES shall be negative, except for. substances prescribed, administered, or dispensed to her by another so authorized by law who has full lcnowledge of MS. DOLES's history of chemical dependency and recovery status
a. Within thirty (30) days prior to MS. DOLES initiating drug screening, MS. DOLES shall provide a copy of this Consent Agreement, and the May 2010 Notice, to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MS. DOLES b After initiating drug screening, MS. DOLES shall be under a continuing duty to provide a copy of this Consent Agreement and the May 2010 Notice pr.ior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. Further, MS. DOLES shall notify the
1.3.
Nola Ann-Ellen Doles, R.N Page 5 Board of any and all medication(s) or prescription(s) received within twentyfour (24) hours of release from hospitalization or medical treatment.,
Reporting Requirements of Licensee

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MS. DOLES shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MS. DOLES shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board MS. DOLES shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice MS. DOLES shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MS. DOLES shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board MS. DOLES shall submit the reports and documentation required by this Consent Agreement to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, O H 43215-7410 MS. DOLES shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MS. DOLES shall inform the Board within five (5) business days, in writing, of any change in address andior telephone number.
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Nursing Refresher Course or Orientation MS. DOLES shall, prior to working in a position where a nursing license is required, complete and submit satisfactory documentation of completion of a nursing refresher course or an extensive orientation approved in advance by the Board or its designee.
Nola Ann-Ellen Doles, R N Page 6 P e r m a n e n t Narcotic Restrictions MS. DOL,ES further knowingly and voluntarily agrees with the Board to the followi~ig P E R M A N E N T L I C E N S U R E RESTRICTIONS: MS. D O L E S shall not administer, have access to, o r possess (except as prescribed fbr MS. DOLES'S use by another so authorized by law who has full knowledge of MS. DOLES'S history of chemical dependency and recovery status) any narcotics, other controlled substances, or mood altering drugs. In addition, MS. D O L E S shall not count narcotics or possess or carry any work keys for locked medication carts, cabinets, drawers, or containers. MS. D O L E S shall not call in or order prescriptions or prescription refills.. P e r m a n e n t Practice Restrictions MS. D O L E S further lcnowingly and volunlarily agrees with the Board to the following P E R M A N E N T L I C E N S U R E RESTRICTIONS: MS. D O L E S shall not practice nursing as a registered nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. D O L E S to provide nursing ser.vices for fees, compensation, or other consideration or as a volunteer. MS. D O L E S shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing F A I L U R E TO C O M P L Y The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 472328(B), ORC. If, in the discretion of the Board, MS. D O L E S appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the riglit to institute formal disciplinary proceedings for any and all possible violations before or breaches, including, but not limited to, alleged violations of the laws of Ohio occur~ing the effective date of this Consent Agreement. D U R A T I O N I M O D I F I C A T I O N OF T E R M S The terms, limitations, and conditions of this Consent Agreement, o t h e r t h a n the p e r m a n e n t licensure restriction(s), may be modified or terminated, in writing, at any time upon the agreement of both MS. D O L E S and the Board.
Nola Ann-Ellen Doles, R.N Page 7 The Board may only alter the indefinite suspension imposed if: (1) MS. DOLES submits a written request for reinstatement; (2) the Boa1.d determines that MS. DOLES has complied with all conditions of reinstatement; ( 3 ) the Board dete1,mines that MS. DOLES is able to practice according to acceptable and prevailing standards of safe nursing care based upon an interview with MS. DOLES and review of the documentation specified in this Consent Agreement; and (4) MS. DOLES has entered into a Consent Agreement with the Board for probationary terms, conditions, and limitations determined by the Board for a minimum period of three (3) years following reinstatement,,
ACKNOWLEDGMENTSLIABILITY RELEASE
MS. DOLES acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent A~reementand that all questions asked have been answered in a satisfactory manner. MS. DOLES waives all of her rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement. MS. DOLES waives any and all claims or causes of action she may have against the Board, and its members, officers, employees andlor agents arising out of matters that are the subject of this Consent Agreement.
This Consent Agreement is not an adjudication order as discussed in Chapter, 119, ORC. Any action initiated by the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC. This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies.
EFFECTIVE DATE MS. DOLES understands that this Consent Agreement is subject to ratification by the Board prior to signature by the Board President and shall become effective upon the last date of signature below.
NOLA ANN-ELLEN DOLES, R.N:
DATE
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17 South High Str.eet, Suitc 100
Columbus, Ohio 43215-7410
May 21,2010

Nola Ann-Ellen Doles 155 Buckeye Circle Columbus, Ohio 43217 and Franklin Pre-Release Center PO Box 2365 1 1800 Harmon Ave Columbus, Ohio 43223 Dear Ms. Doles: In accordance with Section 2929.42 andlor 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that on or about January 19, 2006, in the Fayette County Court of Common Pleas, Case Number 20030095 CRI, you pled no contest to three (3) counts of Trafficking in Drugs, each a felony in the third degree, in violation of Section 2925.03, in Marijuana, in violation of Section 2925.03 (A)(2), ORC, and one (1) count of TrafTicking ORC, a felony in the fourth degree. On or about January 10, 2006, in the Fayette County Court of Common Pleas, Case Number 20030133 CRI, you pled no contest to one (1) count of Preparation of Drugs for Sale, a felony in the fifth degree, in violation of Section 2925.03. The Court sentenced you in both cases for a total of two (2) years of incarceration. Section 37 19.121 (C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929 42 or 3719 12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to a finding by a jury or court of the person's guilt of, or conviction of, a felony drug abuse offense, a finding by a court of the person's eligibility for intervention in lieu of conviction, a plea of ~ u i l t y or a finding by a jury or court of the person's guilt of, or the person's to, conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense, or finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction Trafficking in Drugs and Trafficking in Marijuana, third and fourth degree felonies, respectively, constitute felony drug abuse offenses as defined in Section 2925 01 ORC Preparation of Drugs
Nola Ann-Blen Doles Page 2 for Sale, a fifth degree felony, constitutes a felony drug abuse offense as defined in Section 2925.01, ORC.,
WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE IS HEREBY SUSPENDED. Continued practice after receipt of this notice of
suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723 03(A), ORC You are hereby ordered to surrender your Ohio license to practice nursing as a registered nurse, R N ft2G0349, to the Board within ten (10) days of receipt of this notice You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723 28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500 00) per violation for the following reasons: 1 On or about January 19, 2006, in the Court of Common Pleas, Fayette County, Case No. 20030095 CRI, you pled no contest to three (3) counts of Trafficking in Drugs, each a felony in the third degree, in violation of Section 2925 03, ORC, and one (1) count of Trafficking in Marijuana, in violation of Section 2925 03 (A)(2), ORC, a felony in the fourth degree, and you were sentenced to two (2) years of incarceration The acts underlying the criminal case referenced above involve you, in May of 2003, selling Ecstasy and Marijuana within the vicinity of a school. 2 On or about January 10, 2006, in the Court of Common Pleas, Fayette County, Case No 20030133 CRI, you pled no contest to one (1) counts of Preparation of Drugs for Sale, a felony in the fifth degree, in violation of Section 2925 03, ORC The acts underlying the criminal case referenced above involve you, in June of 2003, selling preparing marijuana for distribution with the intent to sell or resell. Section 472328(B)(4), ORC, authorizes the Board to discipline a licensee who has been convicted of, pled guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for Intervention in Lieu of Conviction for any felony. Section 4723 28(B)(5), ORC, authorizes the Board to discipline a licensee who has been convicted of, pled guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicia: finding of eligibility for Intervention in Lieu of Conviction for violating any municipal, state, county or federal drug law, 3. On or about February 13,2007, in the Court of Common Pleas, Ross County Case No 06CR00454, you pled guilty to one (I) count of Receiving Stolen Property, a felony in the fifth degree, in violation of Section 2913 51, and five (5) counts of
Nola Ann-Ellen Doles Page 3 Forgery, each felonies in the fifth degree, in violation of Section 2912 31, were sentenced to three (3) years of incarceration The acts underlying the criminal case referenced above involve you, with purpose to defraud, forging checks belonging to another and retaining the proceeds thereof. Section 4723,28(B)(4), ORC, authorizes the Board to discipline a licensee who has been convicted of, pled guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for Intervention in Lieu of Conviction for any felony. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC, In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing on this matter If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing this notice As required by Section 3719 121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held You are hereby further informed that if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present you position, argument, or contentions in writing At the hearing you may also present evidence and examine witnesses appearing for and against
YOU
Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter to: Lisa Ferguson-Ramos, Compliance Unit
Manager, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. . .
If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in the Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation.
Nola Ann-Ellen Doles Page 4 Sincerely,
Anne Barnett, RN, BSN, CWS Supervising Board Member Address #1 Certified Mail Receipt No 7008 2810 0000 5362 9894 Address #2 Certified Mail Receipt No. 7008 2810 0000 5362 9900 cc: Melissa L.. Wilburn, Assistant Attorney General
Case #11-004882
May 18, 2012 NOTICE OF OPPORTUNITY FOR HEARING Jamie Lynn Charlton, R.N. 639 N. Court St. Medina, Ohio 44256 Dear Ms. Charlton: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse pursuant to Section 4723.47(B), ORC; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about January 31, 2012 in Cuyahoga County Court of Common Pleas Case No. CR-11-556729-A, you pled guilty to the offense of Burglary, in violation of Section 2911.12(A)(1), ORC, being a felony of the fourth degree. You received Intervention In Lieu Of Conviction for this offense. The acts underlying this offense occurred on or about November 12, 2011 when you, by stealth, force or deception, entered the property of University Hospitals of Cleveland, Ohio, with the purpose to commit theft.
Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you.
Jamie Lynn Charlton, R.N. Page 2 Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4156 cc: Henry G. Appel , Assistant Attorney General
Case #11-01006 & 12-000063
May 18, 2012

Gregory Joseph Chwojdak 2231 Meadowsweet Lane Streetsboro, OH 44241 Dear Mr. Chowjdak: On or about March 23, 2012, the Ohio Board of Nursing (Board) issued to you a Notice of Immediate Suspension and Opportunity for Hearing, a copy of which is attached hereto and incorporated herein. You are notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28 of the Ohio Revised Code, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about January 5, 2012, in Cuyahoga County Court of Common Pleas Case Number CR-11-553342-A, you pled guilty to one (1) count of Theft; Aggravated Theft, to wit: Dilaudid, a felony of the fourth degree, in violation of Section 2913.02(A)(3), ORC; one (1) count of Drug Possession, a felony of the fifth degree, in violation of Section 2925.11(A), ORC; and one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23(A), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or between February 1, 2011 to March 1, 2011, and involve you obtaining Dilaudid by deception. Further acts underlying this case involve you obtaining, possessing, or using Dilaudid. Further acts underlying this case involve you making a false statement in any prescription, order, report, or record involving a Schedule I or II drug, not Marihuana. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for
Gregory Joseph Chwojdak Page 2 conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about March 18, 2011, you spoke to a Board Compliance Agent. You admitted to being chemically dependent and stated that you relapsed in December 2010 after surgery. You admitted to selfadministering Dilaudid and Percocet in amounts that exceeded the amounts authorized by prescription. On or about April 1, 2011, you submitted a written statement indicating that while employed as a nurse at South Pointe Hospital, you began diverting drugs from work, including Dilaudid that you took home with you to use.
Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov.
Gregory Joseph Chwojdak Page 3 If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Board Member Certified Mail Receipt No. 7011 2970 0003 1733 4620 Attorney Certified Mail Receipt 7011 2970 0003 1733 4637 cc: Henry G. Appel, Assistant Attorney General Barry Doyle, Esq.

IN THE MATTER OF: Case No. 2011-001801
TIFFANY JUNE COLLINS (FKA TIFFANY ELLENBERGER), L.P.N.
DEFAULT ORDER
By certified mail letter, dated November 4, 2011, TIFFANY JUNE COLLINS (FKA TIFFANY ELLENBERGER), L.P.N. was ordered to submit to an examination pursuant to Section 4723.28(G) ORC. The Examination Order was mailed to MS. COLLINSs address of record by certified mail. The Examination Order was signed as received at MS. COLLINSs address of record. MS. COLLINS has failed to submit to an examination and the Board has not received information that the failure to submit to an examination was due to circumstances beyond her control. In accordance with Section 4723.28(G) ORC, the failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individuals control and a default and final order may be entered without the taking of testimony or presentation of evidence. The Board finds that MS. COLLINS has failed to submit to an examination when directed, and that the failure was not due to circumstances beyond her control. Section 4723.28(B)(16) provides that the Board can suspend or place restrictions on a license for violation of Chapter 4723 or any rules adopted under that chapter. In accordance with Section 4723.28(B)(16) and Section 4723.28(G) ORC, the Ohio Board of Nursing finds that MS. COLLINS has admitted the truth of the allegations set forth in the November 4, 2011 Examination Order issued to MS. COLLINS and that MS. COLLINS is impaired. The Board ORDERS that MS. COLLINSs license to practice nursing as a licensed practical nurse in the State of Ohio is hereby suspended for an indefinite period of time with conditions for reinstatement set forth below: CONDITIONS FOR REINSTATEMENT 1. MS. COLLINS shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. 2. MS. COLLINS shall appear in person for interviews before the full Board or its designated representative as requested by the Board and prior to reinstatement.
3. Prior to requesting reinstatement by the Board, MS. COLLINS shall submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. COLLINS, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. COLLINSs criminal records check reports to the Board. A request for reinstatement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board. 4. MS. COLLINS shall, at her own expense, submit to a chemical dependency examination, specifically addressing her ability to function in a clinical nursing capacity, by Dr. Michael Gureasko, The Christ Hospital Medical Office Building, 2123 Auburn Avenue, Suite 306, Cincinnati, Ohio 45219. Prior to the evaluation, MS. COLLINS shall provide the Examiner with a copy of this Order and the November 4, 2011 Examination Order, and shall execute releases to permit the Examiner to obtain any information deemed appropriate and necessary for the evaluation. The Examiner shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any restrictions that should be placed on MS. COLLINSs practice. The Examiner shall provide an opinion to the Board regarding whether MS. COLLINS is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. 5. MS. COLLINS shall enter into a Consent Agreement with the Board for probationary terms, conditions, limitations, and restrictions determined by the Board for a minimum period of time determined by the Board. The probationary terms, conditions, limitations, and restrictions determined by the Board shall include, but not be limited to, completion or continuation of chemical dependency, psychiatric or other mental health treatment recommended and/or restrictions specified by the Examiner, as set forth in paragraph 4., above. If the Board and MS. COLLINS are unable to agree to terms, conditions, limitations, and restrictions in a Consent Agreement, the terms, conditions, limitations, and restrictions shall be determined after a hearing is held. Reporting Requirements of Licensee 6. MS. COLLINS shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board. 7. MS. COLLINS shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. 8. MS. COLLINS shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. 9. MS. COLLINS shall submit the reports and documentation required by this Order on forms specified by the Board. All reporting and communications required by this Order shall be made to the Monitoring Unit of the Board.
10. MS. COLLINS shall submit the reports and documentation required by this Order to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. 11. MS. COLLINS shall verify that the reports and documentation required by this Order are received in the Board office. 12. MS. COLLINS shall inform the Board within three (3) business days, in writing, of any change in address and/or telephone number. In accordance with Chapter 119, ORC, MS. COLLINS is hereby informed that MS. COLLINS is entitled to a hearing on this matter. If MS. COLLINS wishes to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. MS. COLLINS is hereby further informed that, if MS. COLLINS timely requests a hearing, MS. COLLINS is entitled to appear at such hearing in person, by MS. COLLINSs attorney, or by such other representative as is permitted to practice before the Board, or MS. COLLINS may present MS. COLLINSs position, arguments, or contentions in writing. At the hearing MS. COLLINS may also present evidence and examine witnesses appearing for and against MS. COLLINS. Should MS. COLLINS choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.
CERTIFICATION
I, the undersigned Betsy J. Houchen, Executive Director for the Ohio Board of Nursing, hereby certify that the foregoing is a true and exact reproduction of the original Order of the Ohio Board of Nursing entered on its journal, on the 18th day of May 2012.
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director ___May 18, 2012____________________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, TIFFANY JUNE COLLINS, L.P.N, was sent via certified mail, return receipt requested, this 21st day of May 2012 to TIFFANY JUNE COLLINS, at 3002 Orchard Glen Dr., West Carrollton, Ohio 45449. I also certify that a copy of the same was sent via regular U.S. mail this 21st day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020. ______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director
hrf cc: Henry G. Appel, Assistant Attorney General
Certified Mail Receipt No. Enclosure
Case #12-000108
May 18, 2012

Dannielle Marie Compton, R.N. 2835 Farmdale Rd Akron, Ohio 44312 Dear Ms. Compton: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about March 19, 2012, in Summit County Court of Common Pleas Case Number CR 12 01 0171, you pled guilty to one (1) count of Deception to Obtain a Dangerous Drug, a fourth-degree felony in violation of Section 2925.22, ORC; one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23(A), ORC; and one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1)/(3), ORC, and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Deception to Obtain a Dangerous Drug, a fourth-degree felony in violation of Section 2925.22, ORC; Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23(A), ORC; and Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1)/(3), ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC.
Dannielle Marie Compton, R.N. Page 2 WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-334047, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 19, 2012, in Summit County Court of Common Pleas Case Number CR 12 01 0171, you pled guilty to one (1) count of Deception to Obtain a Dangerous Drug, a fourth-degree felony in violation of Section 2925.22, ORC; one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23(A), ORC; and one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1)/(3), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on dates in or about July 2011 through December 29, 2011, and involve you engaging in deception to obtain a dangerous drug, and engaging in illegal processing of drug documents involving, to wit: Fentanyl. Further acts underlying this case involve you obtaining Fentanyl without the consent of Summa Health Systems or person authorized to give consent, and/or beyond the scope of consent, and/or by deception. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. While employed as a registered nurse by Summa Health System, Akron (Summa), Summa conducted a narcotics investigation due to discrepancies in your narcotics transactions. On or about January 2, 2012, the following was observed: Upon inspecting the 2 boxes in Med room B it was found that 250 mcg Fentanyl vial in each box appears to have been tampered with as the scored neck is uneven and irregular and there is precipitate present in both vials. A check of the
Dannielle Marie Compton, R.N. Page 3 Fentanyl drawer in both rooms revealed . . . another 250 mcg vial with a tampered neck and one that is open with roughly half or more of the contents removed. On or about January 4, 2012, you were confronted by Summa and admitted that you took Fentanyl and tampered with the Fentanyl vials. You stated that you had tried to stop using Fentayl and could not. You stated that you used Morphine and Dilaudid prior to using Fentanyl. You stated that you self-administered at work and had uncontrollable urges to use as soon as you arrived to work. On or about January 24, 2012, you spoke to a Board Compliance Agent and admitted that you had been using Vicodin in excess of that prescribed to you and then began diverting narcotics from your workplace. You stated that you injected the diverted drugs intravenously via your antecubital vein. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Ohio Administrative Code Rule 4723-4-06(H), states that a licensed nurse shall implement measures to promote a safe environment for each client. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit
Dannielle Marie Compton, R.N. Page 4 Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case # 11-000721
May 18, 2012 NOTICE OF OPPORTUNITY FOR HEARING Emmett K. Dalton, L.P.N. 909 Jefferson Street Martins Ferry, OH 43935 Dear Mr. Dalton: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse pursuant to Section 4723.47(B), ORC; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 15, 2012, you admitted to a Board Compliance Agent that you abused your Morphine prescription by using the oral Morphine tablets in an intravenous manner on a daily basis for approximately five (5) months prior to December 2011. You stated that the intravenous injections were in no way authorized by your physician. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. 2. On or about January 10, 2011, while working as a nurse at Heartland-Lansing Nursing Home, Bridgeport, Ohio, you were found sleeping in a residents room during your shift. During a March 15, 2012 interview with a Board Compliance Agent, you admitted that you fell asleep. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(H), Ohio Administrative Code (OAC), states that a licensed nurse shall implement measures to promote a safe environment for each client. Rule 4723-4-04(C), Ohio Administrative Code, states that a licensed practical nurse shall demonstrate competence and accountability in all areas of practice in which the nurse is engaged which includes, but is not limited to, the following: (1) Consistent performance of all aspects of nursing care.
Emmett K. Dalton, L.P.N. Page 2 Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4149 cc: Henry G. Appel, Assistant Attorney General
Case #09-3177
May 18, 2012

Carrie A. Davis (fka Carrie A. Traylor), L.P.N. 224 W Church Street Newark, OH 43055 Dear Ms. Davis: In accordance with Chapter 119. of the Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. Your Medicaid Provider Agreement (No. 2447632) was terminated by an Adjudication Order issued by the Ohio Department of Job and Family Services (ODJFS) effective August 26, 2009 (ODJFS August 2009 Adjudication Order). Certified copies of the ODJFS August 2009 Order, along with the ODJFS July 2009 Proposed Order are attached hereto and incorporated herein.
Section 4723.28(B)(1), ORC, authorizes the Board to discipline a licensee for denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance
Carrie A. Davis (fka Carrie A. Traylor), L.P.N. Page 2 Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Board Member Certified Mail Receipt No. 7011 2970 0003 1733 4125 cc: Henry G. Appel, Assistant Attorney General
In the Matter of: Carrie (Davis) Traylor, LPN PN. 111779 CERTIFICATION
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I HEREBY CERTIFY THAT I AM THE KEEPER OF RECORDS AND DOCUMENTS MAINTAINED BY THE BUREAU OF LONG TERM SERVICES & SUPPORT OF THE OHIO DEPARTMENT OF JOB AND FAMILY SERVICES. ATTACHED TO THIS CERTIFICATION ARE COPIES OF THE FOLLOWING:
Adjudication Order dated Aug. 26,2009 Proposed Adjudication Order dated July 14,2009 by U.S. Postal Service Certified Mail. U.S. Postal Service Certified Mail receipt.
THE DOCUMENTS DETAILED ABOVE AND ATTACHED HERETO ARE TRUE AND AUTHENTIC COPIES OF DOCUMENTS KEPT IN THE ORDINARY COURSE OF BUSINESS AND MAINTAINED BY THE OHIO DEPARTMENT OF JOB AND FAMILY SERVICES, BUREAU OF LONG TERM SERVICES AND SUPPORT.
Debra L. Moscardino, Bureau Chief Bureau of Long Term Services & Support Ohio Department of Job and Family Services
3k7ha Date of Signature
OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

IN THE MATTER OF: C a m e Traylor 225 N G a y ST Newark, OH 43055
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PROVIDER NO. 2447632
ADJUDICATION ORDER
TERMR'IATION OF MEDICAID PROVIDER AGREEMENT NUMBER 2447632 Pursuant to Chapters 119. and 5111. of the Ohio Revised Code, Douglas E. Lumpkin, Director of the Ohio Department of Job and Family Services (ODJFS), issues this Adjudication Order regarding the above-named Medicaid provider. The Director finds that a Proposed Adjudication Order to terminate the Medicaid Provider Agreement was issued on 7/14/2009. The Proposed Adjudication Order was issued by Certificate of Mailing. As of this date, which is at least 30 days after the mailing date of said Proposed Adjudication Order, the return receipt indicating receipt of said mail has been returned and no timely request for a Chapter 119 hearing was received by ODJFS. Therefore, the Director of ODJFS hereto aflixes her signature and enters an Adjudication Order as of the date Written below terminating Medicaid Provider Agreement number 2447632. Hereby be advised that this Adjudication Order may be appealed to the Court of Common Pleas of Franklin County pursuant to Sections 119.12 and 5111.06 of the Ohio Revised Code and Ohio Administrative Code Section 5101:6-50-09(D). Any adversely-affected party desiring to appeal this Adjudication Order must file an original notice of appeal with ODJFS, Athx Hearing Coordinator, 30 East Broad Streef 3 1" Floor, Columbus, Ohio 43215-3414, setting forth the order appealed from and the grounds of the party's appeal. In order to be determined filed with ODJFS, the original notice of appeal must be received by ODJFS, as evidenced by an ODJFS date and time stamp, no later than fifteen (1 5) days after the mailing to the affected party of the order to be appealed h m . The affected party shall also file a copy of the notice of appeal with the court of common pleas no later than fifteen days after the mailing to the affected party of the order to be appealed from.
AU6 2 6 2009
Date of Journalization and Effective Date of Order
I herebv certify this to be a tnre and exact re~r~duction the of originai ~djudication@@ff$hj&ector of ODJFS, entered on its journal OF --
BY: Sara A & *
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Chief, Bureau of Community Services Policy, ODJFS
Date of certification:
3 (3 2003 2
Ohio
Department of J O and Family Services ~

Ted Sttickland, Governor
Julv 14.2009
PROPOSED ADJUDICATION ORDER Carrie Traylor, LPN 225 N. Gay Street Newark. OH 43055
RE: Notice of Opportunityfor a Hearing regarding ODJFS' Proposed Action to Terminate

Provider Agreement No. 2447632.
Dear Ms. Traylor: Pursuant to its authority under the Ohio Revised Code ("ORC") Chapter 119 and ORC 51 11.03 and ORC 51 11.06 the Ohio Department of Job and Family Services ("ODJFS") proposes to terminate your Provider Agreement (No. 2447632). This Proposed Adjudication Order is based on the following: VIOLATION: Between March 19, 2009 and June 15,2009, you were driving Ohio Home Care consumer "D. R" to school and to medical appointments without a valid drivers license. Information available from the Ohio Bureau of Motor Vehicles indicates that you have not had a valid driver's license since Dec. 12, 2008. According to court records from the Licking County Municipal Court, you were convicted of driving under a suspended license in 1993,2002,2004,2008 and 2009. These convictions and your actions demonstrate that you have not complied with ODJFS rules and regulations set forth by the state of Ohio for waiver providers.
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ODJFS-administered waiver service providers are required to assure the consumer's health and welfare in the delivery of ODJFS-administered waiver services. ODJFS-administered waiver service providers are also required to deliver services professionally, respectfully and legally. Transporting consumer "D. R" without a valid driver's license created a threat to the consumer's safety, and was illegal.
30 East Broad Street Columbus, Ohio 43215
jfs.ohio.gov
An Equal Opportunity Employer and Service Provider
During the investigation into this allegation, you made false statements to CareStar investigator Darlene Coffrnan-Bates by indicating that you had driving privileges, however, you have been unable to produce any proof. You also stated to CareStar that you did not transport the consumer to school during the month of May because school was out. When you were reminded that school was in session during that time, you stated that your son transported you and the consumer to school. When challenged, you indicated that your son's girlfriend drove the consumer, you and your son to school. Medicaid providers are prohibited from making false statements during a review of provider activities. In addition, if you did have your son or your son's girlfriend transport the consumer, you violated the confidentiality of the consumer because they are not Medicaid providers and were not listed on the consumer's All Services Plan. Based upon the above information, ODJFS is proposing to terminate your Provider Agreement in accordance with the following provision(s) of the Ohio Administrative Code ("OAC"):
1 . OAC 5101:3-1-17.6(D) States, in relevant parts: "ODJFS may propose termination or denial of a provider agreement at any time it is determined that continuation or assumption of provider statusis not in the best interest of consumers or the state of Ohio. The phrase "not in the best interest" shall include, but not be limited to, the following circumstances or occurrences:. .. (2) The provider.. .has been indicted or granted immunity from prosecution for, or has pled guilty to, or has been convicted of, any criminal offense against the state of Ohio or any other state or temtory. ..(lo) The provider fails to abide by or have the capacity to comply with the terms and conditions of the provider agreement, andlor rules and regulations promulgated by ODJFS....(13) The provider, by any act or omission, has negatively affected the health, safety, or welfare of the medicaid consumers or the fiscal or programmatic integrity of the medicaid program. "
2. OAC 5101:3-45-10 (A) States in relevant parts: "ODJFS-administered waiver service providers shall: (9) Not use or disclose any information concerning a consumer for any purpose without the documented consent of the consumer. Even with the consumer's consent, the information may not be used or disclosed for any purpose not directly associated with the provision of services. ..(lo) Comply with all federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) regulations as set forth in 45 CFR parts 160, 162 and 164, and the medicaid confidentiality regulations as set forth in 42 CFR 421.300 through 306." 3. OAC 5101:3-45-10 (C) States, in relevant parts: "ODJFS-administered waiver services providers shall deliver senices professionally, respectfully, and legally, and during the provision of authorized senices, shall not engage in unprofessional, disrespectful or illegal behavior.. ." 4. OAC 5101:3-45-10 (E) States, in relevant parts: "Failure to meet the required conditions of participation as set forth in this rule may result in sanctions in accordance with rules 5101:312-08 of the Administrative Code andlor termination of the Medicaid provider agreement in accordance with rule 5 101:3-1-17.6 of the Administrative Code."
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30 East Broad Street Columbus, Ohio 43215 jfs.ohio.gov
When ODJFS proposes t&mination of an existing provider agreement, OAC 5101:6-50-01 affords the right to a hearing in accordance with Chapter 119 of the ORC, if a hearing is requested within thirty days of the mailing date of this letter. OAC 5101:6-50-03(B) explains how the thirty day period is calculated and a copy of that rule is enclosed. Please note that, under OAC 5101:6-50-05(D)(2), you may appear at the hearing in person, be represented by your attorney, except that any person not appearing pro se and any corporation, partnership, association, or other entity must be represented by an attorney admitted to the practice of law in this state. You may present your position entirely in writing. At the hearing you are entitled to examine evidence and adverse witnesses and may introduce evidence and bring forth witnesses on your behalf. The rules governing the hearing are found in OAC 5101:6-50-09. If you wish to request a hearing, send a written request to: The Ohio Department of Job and Family Services Ofice of Legal Services Attention: Scheduling Coordinator 30 East Broad Street, 3 1st Floor Columbus, Ohio 43215 If you do not request a hearing within thirty days of the date of the mailing of this notice, ODJFS will implement this proposed action by issuing a final and binding order of adjudication terminating your Provider Agreement, No. 2447632. If you have any questions regarding this Notice, please contact Wayne Morgan at (614) 4666742. Sincerelv.
Sara Abbott, Chief Bureau of Communitv Services Policv
Certified mail, return receipt request number
30 East Broad Street Columbus, Ohio 43215 jfs.ohio.gov

Case #12-000794
May 18, 2012

Deborah Lynn Donley, L.P.N. 9178 Butler Warren Line Road Cincinnati, Ohio 45241 Dear Ms. Donley: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about February 16, 2012, in the Seventh Judicial Circuit, Pennington County, South Dakota File Number 51C12000271A0, you pled guilty to and were found guilty of one (1) count of Possession of Marijuana with Intent to Distribute, a class 3 felony, in violation of SDCL 22-42-7. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Possession of Marijuana with Intent to Distribute, a class 3 felony, in violation of SDCL 2242-7, constitutes a felony drug abuse offense as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-147582, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(B), ORC.
Deborah Lynn Donley, L.P.N. Page 2 You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about February 16, 2012, in the Seventh Judicial Circuit, Pennington County, South Dakota File Number 51C12000271A0, you pled guilty to and were found guilty of one (1) count of Possession of Marijuana with Intent to Distribute, a class 3 felony, in violation of SDCL 22-42-7. The acts underlying this conviction occurred on or about January 22, 2012, and involve you possessing Marijuana with intent to distribute.
Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. Section 4723.28(B)(6), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, an act in another jurisdiction that would constitute a felony or crime of moral turpitude in Ohio. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for
Deborah Lynn Donley, L.P.N. Page 3 Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,

IN THE MATTER OF: YVONNE BARDWELL EAST, R.N. CASE NO. 10-5387
ORDER
By certified mail letter, dated September 29, 2011, YVONNE BARDWELL EAST, R.N., was ordered to submit to an examination pursuant to Section 4723.28(G), Ohio Revised Code (ORC). On March 16, 2012, the Board found that MS. EAST admitted to the allegations set forth in the September 29, 2011, examination order because MS. EAST failed to submit to the examination and the failure was not due to circumstances beyond her control. Accordingly, on March 16, 2012, the Board issued a Default Order suspending MS. EASTs license to practice nursing as a registered nurse for an indefinite period of time with conditions for reinstatement. The March 16, 2012 Default Order also informed MS. EAST that she was entitled to a hearing in the matter if the hearing was requested within thirty days of the mailing of the Default Order. A true copy of the March 16, 2012 Default Order is attached hereto and incorporated herein. In accordance with Section 119.07, ORC, the March 16, 2012 Default Order was sent via certified mail, return receipt requested, to the address of record of MS. EAST in Cleveland Heights, Ohio. This mailing was received by MS. EAST. On April 13 and 18, 2012, MS. EAST submitted a hearing request as specified within Section 119.07, ORC. On May 1, 2012, MS. EAST sent correspondence to the Board stating she was requesting that the hearing be cancelled. Upon consideration of the allegations contained in the September 29, 2011, examination order and the findings contained in the March 16, 2012 Default Order, the Board finds that MS. EAST has committed acts in violation of the Nurse Practice Act, as set forth in the March 16, 2012 Default Order, and the Board orders that MS. EASTs license to practice nursing as a registered nurse in the State of Ohio is hereby suspended, as of March 16, 2012, with conditions for reinstatement set forth in the March 16, 2012 Default Order. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.

CERTIFICATION
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director __May 18, 2012______________________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, YVONNE BARDWELL EAST, R.N., was sent via certified mail, return receipt requested, this 21st day of May, 2012 to YVONNE BARDWELL EAST, R.N., 1080 Woodview, Cleveland Heights, Ohio 44121, and to 4514 Laurel Rd., South Euclid, Ohio 44121. I also certify that a copy of the same was sent via regular U.S. mail this 21st day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020. ______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director
Certified Mail Receipt No. 7011 2970 0003 1733 4781 Second Address Certified Mail Receipt No. 7011 2970 0003 1733 4798

IN THE MATTER OF: YVONNE BARDWELL EAST, R.N. CASE NO. 10-5387
DEFAULT ORDER
By certified mail letter, dated September 29, 2011, YVONNE BARDWELL EAST, R.N. was ordered to submit to an examination pursuant to Section 4723.28(G) ORC. The Examination Order was mailed to MS. EASTs address of record by certified mail. The Examination Order was signed as delivered to MS. EASTs address of record. MS. EAST has failed to submit to an examination and the Board has not received information that the failure to submit to an examination was due to circumstances beyond her control. In accordance with Section 4723.28(G) ORC, the failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individuals control and a default and final order may be entered without the taking of testimony or presentation of evidence. The Board finds that MS. EAST has failed to submit to an examination when directed, and that the failure was not due to circumstances beyond her control. Section 4723.28(B)(16) provides that the Board can suspend or place restrictions on a license for violation of Chapter 4723 or any rules adopted under that chapter. In accordance with Section 4723.28(B)(16) and Section 4723.28(G) ORC, the Ohio Board of Nursing finds that that MS. EAST has admitted the truth of the allegations set forth in the September 29, 2011 Examination Order issued to MS. EAST and that MS. EAST is impaired. The Board ORDERS that MS. EASTs license to practice nursing as a registered nurse in the State of Ohio is hereby suspended for an indefinite period of time with conditions for reinstatement set forth below: CONDITIONS FOR REINSTATEMENT 1. MS. EAST shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. 2. MS. EAST shall appear in person for interviews before the full Board or its designated representative as requested by the Board and prior to reinstatement.
3. Prior to requesting reinstatement by the Board, MS. EAST shall submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. EAST, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. EASTs criminal records check reports to the Board. A request for reinstatement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board. 4. MS. EAST shall, at her own expense, submit to a psychiatric examination, specifically addressing her ability to function in a clinical nursing capacity, by Dr. Richard Friedell, Comprehensive Psychiatric Services, Inc. (hereinafter Dr. Friedell), located at 24400 Highpoint Road, Suite 6, Beachwood, Ohio 44122, or another psychiatrist approved in advance by the Board or its designee. Prior to the evaluation, MS. EAST shall provide the Examiner with a copy of this Order and the September 29, 2011 Examination Order, and shall execute releases to permit the Examiner to obtain any information deemed appropriate and necessary for the evaluation. The Examiner shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any restrictions that should be placed on MS. EASTs practice. The Examiner shall provide an opinion to the Board regarding whether MS. EAST is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. 5. MS. EAST shall enter into a Consent Agreement with the Board for probationary terms, conditions, limitations, and restrictions determined by the Board for a minimum period of time determined by the Board. The probationary terms, conditions, limitations, and restrictions determined by the Board shall include, but not be limited to, completion or continuation of psychiatric or other mental health treatment recommended and/or restrictions specified by the Examiner, as set forth in paragraph 4., above. If the Board and MS. EAST are unable to agree to terms, conditions, limitations, and restrictions in a Consent Agreement, the terms, conditions, limitations, and restrictions shall be determined after a hearing is held. Reporting Requirements of Licensee 6. MS. EAST shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board. 7. MS. EAST shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. 8. MS. EAST shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. 9. MS. EAST shall submit the reports and documentation required by this Order on forms specified by the Board. All reporting and communications required by this Order shall be made to the Monitoring Unit of the Board.
10. MS. EAST shall submit the reports and documentation required by this Order to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. 11. MS. EAST shall verify that the reports and documentation required by this Order are received in the Board office. 12. MS. EAST shall inform the Board within three (3) business days, in writing, of any change in address and/or telephone number. In accordance with Chapter 119, ORC, MS. EAST is hereby informed that MS. EAST is entitled to a hearing on this matter. If MS. EAST wishes to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. MS. EAST is hereby further informed that, if MS. EAST timely requests a hearing, MS. EAST is entitled to appear at such hearing in person, by MS. EASTs attorney, or by such other representative as is permitted to practice before the Board, or MS. EAST may present MS. EASTs position, arguments, or contentions in writing. At the hearing MS. EAST may also present evidence and examine witnesses appearing for and against MS. EAST. Should MS. EAST choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 16th day of March, 2012.
CERTIFICATION
I, the undersigned Betsy J. Houchen, Executive Director for the Ohio Board of Nursing, hereby certify that the foregoing is a true and exact reproduction of the original Order of the Ohio Board of Nursing entered on its journal, on the 16th day of March, 2012.
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director ____March 16, 2012 _______________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, YVONNE BARDWELL EAST, R.N, was sent via certified mail, return receipt requested, this 19th day of March, 2012 to YVONNE BARDWELL EAST, at 1080 Woodview, Cleveland Heights, Ohio 44121. I also certify that a copy of the same was sent via regular U.S. mail this 19th day of March, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020. ______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director
hrf cc: Michelle T. Sutter, Assistant Attorney General

IN THE MATTER OF: ROBERT WILLIAM GIBSON, R.N. CASE NO. 10-4840
DEFAULT ORDER
By certified mail letter, dated October 25, 2011, ROBERT WILLIAM GIBSON was ordered to submit to an examination pursuant to Section 4723.28(G) ORC. MR. GIBSON holds an active license as a registered nurse in the State of Ohio. On or about November 17, 2011 the examination order was returned to the Board unclaimed. On or about November 23, 2011 the examination order was re-sent to MR. GIBSON via regular mail delivery with a certificate of mailing. On or about February 3, 2012, MR. GIBSON acknowledged receipt of the examination order, but he failed to schedule the required examination. MR. GIBSON has failed to submit to an examination and the Board has not received information that the failure to submit to an examination was due to circumstances beyond his control. In accordance with Section 4723.28(G) ORC, the failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individuals control and a default and final order may be entered without the taking of testimony or presentation of evidence. The Board finds that MR. GIBSON has failed to submit to an examination when directed, and that the failure was not due to circumstances beyond his control. Section 4723.28(B)(16) provides that the Board can suspend or place restrictions on a license for violation of Chapter 4723 or any rules adopted under that chapter. In accordance with Section 4723.28(B)(16) and Section 4723.28(G) ORC, the Ohio Board of Nursing finds that MR. GIBSON has admitted the truth of the allegations set forth in the October 25, 2011 Examination Order issued to MR. GIBSON and that MR. GIBSON is impaired. The Board ORDERS that MR. GIBSONs license to practice nursing as a registered nurse in the State of Ohio is hereby suspended for an indefinite period of time with conditions for reinstatement set forth below:
CONDITIONS FOR REINSTATEMENT 1. MR. GIBSON shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. 2. MR. GIBSON shall appear in person for interviews before the full Board or its designated representative as requested by the Board and prior to reinstatement. 3. MR. GIBSON shall, at his expense, submit to a psychiatric examination, specifically addressing his capacity to function in a clinical nursing capacity, by Dr. Scott Bresler, the University of Cincinnati Physicians Company, located at 260 Stetson St., Suite 3200, Cincinnati, Ohio. Prior to the evaluation, MR. GIBSON shall provide the Examiner with a copy of this Order and the October 25, 2011 Examination Order, and shall execute releases to permit the Examiner to obtain any information deemed appropriate and necessary for the evaluation. The Examiner shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any restrictions that should be placed on MR. GIBSONs practice. The Examiner shall provide an opinion to the Board regarding whether MR. GIBSON is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. 4. MR. GIBSON shall enter into a Consent Agreement with the Board for probationary terms, conditions, limitations, and restrictions determined by the Board for a minimum period of time determined by the Board. The probationary terms, conditions, limitations, and restrictions determined by the Board shall include, but not be limited to, completion or continuation of psychiatric or other treatment recommended and/or restrictions specified by the Examiner, as set forth in paragraph 3., above. If the Board and MR. GIBSON are unable to agree to terms, conditions, limitations, and restrictions in a Consent Agreement, the terms, conditions, limitations, and restrictions shall be determined after a hearing is held. Reporting Requirements of MR. GIBSON 5. MR. GIBSON shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board. 6. MR. GIBSON shall submit any and all information that the Board may request regarding his ability to practice according to acceptable and prevailing standards of safe nursing practice. 7. MR. GIBSON shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. 8. MR. GIBSON shall submit the reports and documentation required by this Order on forms specified by the Board. All reporting and communications required by this Order shall be made to the Monitoring Unit of the Board.
9. MR. GIBSON shall submit the reports and documentation required by this Order to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. 10. MR. GIBSON shall verify that the reports and documentation required by this Order are received in the Board office. 11. MR. GIBSON shall inform the Board within three (3) business days, in writing, of any change in address and/or telephone number. In accordance with Chapter 119, ORC, MR. GIBSON is hereby informed that MR. GIBSON is entitled to a hearing on this matter. If MR. GIBSON wishes to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. MR. GIBSON is hereby further informed that, if MR. GIBSON timely requests a hearing, MR. GIBSON is entitled to appear at such hearing in person, by MR. GIBSONs attorney, or by such other representative as is permitted to practice before the Board, or MR. GIBSON may present MR. GIBSONs position, arguments, or contentions in writing. At the hearing MR. GIBSON may also present evidence and examine witnesses appearing for and against MR. GIBSON. Should MR. GIBSON choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. This Order shall become effective immediately upon the date of mailing indicated on the attached Certificate of Service and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.
CERTIFICATION
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director ___May 18, 2012_____________________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, ROBERT WILLIAM GIBSON, was sent via certified mail, return receipt requested, this 21st day of May, 2012 to ROBERT WILLIAM GIBSON, 2275 S. Jackson St., PO Box 236, South Webster, Ohio 45682. I also certify that a copy of the same was sent via regular U.S. mail this 21st day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020.
maw cc: Henry G. Appel, Assistant Attorney General
Case # 11-004358
May 18, 2012

Lori Ann Habick (F.K.A. Lori A. Deerman), R.N. 343 Simcox Street Wadsworth, Ohio 44281 Dear Ms. Habick: In accordance with Chapter 119 Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny; permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. Your license to practice nursing as a registered nurse was suspended by the Board in 1995. A copy of the Boards April 27, 1995 Adjudication Order is attached hereto and incorporated herein. Your license was reinstated with probationary terms, conditions, and limitations on January 16, 1997, pursuant to a Consent Agreement (January 1997 Consent Agreement) that you entered into with the Board. A copy of the January 1997 Consent Agreement is attached hereto and incorporated herein. In 2002, you placed your license on inactive status, and your license has not been reactivated since. While subject to the January 1997 Consent Agreement, you were convicted of the following: a. On or about August 23, 2002, in Medina County Court of Common Pleas Case No. 02-CR-0073, after previously pleading guilty, you were convicted of three (3) counts of Deception to Obtain a Dangerous Drug, fifth-degree felonies in violation of Section 2925.22(A), ORC. You were subsequently sentenced to three (3) years of Community Control including one (1) year of Monitored Home Arrest. The acts underlying your conviction involve you engaging in deception to obtain prescriptions for Hydrocodone. b. On or about January 23, 2006, in Medina County Court of Common Pleas Case No. 05-CR-0372, after previously pleading guilty, you were
2.
Lori Ann Habick (F.K.A. Lori Ann Deerman), R.N. Page 2 convicted of one (1) count of Deception to Obtain a Dangerous Drug, a fourth-degree felony in violation of Section 2925.22(A), ORC. You were subsequently sentenced to nine (9) months of incarceration. The acts underlying your conviction involve you engaging in deception to obtain a prescription for Hydrocodone. c. On or about July 9, 2007, in Stark County Court of Common Pleas Case No. 2007CR0547(A), after previously pleading guilty, you were convicted of one (1) count of Illegal Processing of Drug Documents, a fourth-degree felony in violation of Section 2925.23(B)(1)(F)(1), ORC and one (1) count of Attempt to Commit an Offense (Deception to Obtain a Dangerous Drug), a fifth-degree felony in violation of Section 2925.02(A). You were later sentenced to twelve (12) months of incarceration. The acts underlying your conviction involve you knowingly illegally processing drug documents, to wit: a false or forged prescription for Oxycontin, and attempted deception to obtain Oxycontin. d. On or about October 1, 2007, in Summit County Court of Common Pleas Case No. 2007-08-2626, you pled guilty to and were convicted of one (1) count of Deception to Obtain a Dangerous Drug, a fourth-degree felony in violation of Section 2925.22, ORC. You were subsequently sentenced to one (1) year of incarceration to run concurrently with other sentences you were serving. The acts underlying your conviction involve you engaging in deception to obtain a prescription for Oxycontin. e. On or about October 26, 2007, in Medina County Court of Common Pleas Case No. 07-CR-0355, you pled no contest and were convicted of one (1) count of Forgery, a fifth-degree felony in violation of Section 2913.31(A)(3), ORC and one (1) count of Illegal Processing of Drug Documents, a fourth-degree felony in violation of Section 2925.23(B)(1). You were subsequently sentenced to twelve (12) months of incarceration to run concurrently with your 2007 Stark and Summit county sentences. The acts underlying your conviction involve you engaging in forgery and illegally processing drug documents, to wit: a false or forged prescription for Percocet (Oxycodone). Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial
Lori Ann Habick (F.K.A. Lori Ann Deerman), R.N. Page 3 finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 3. In 2010, you contacted the Board stating that you wanted information on reactivating your license to practice nursing as a registered nurse. On or about April 26, 2010, you met with a Board Monitoring Agent. When asked whether you had any legal issues since a 2002 DUI, despite the criminal convictions outlined above in Item 2 a e, you denied any legal issues. On or about May 3, 2010, you sent an email to the Monitoring Agent in regard to my past 2 charges. You stated: This letter is in regard to your request of why I didnt offer more informantion [sic] about my past 2 charges. One in 2005, Deception to obtain a dangerous drug, and in 2007, Illegal possession of drug documents and Attempt for Deception. I did not give information pertaining to these charges upon interview because I have moved forward and beyond my past. I have been counseled not to dwell on my past, but to move on past my mistakes. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Ohio Administrative Code Rule 4723-4-06(P) states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to: (1) The board or any representative of the board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing on this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing this notice. You are hereby further informed that if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present you position, argument, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter to: Lisa Ferguson-Ramos, Compliance Unit Manager, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal
Lori Ann Habick (F.K.A. Lori Ann Deerman), R.N. Page 4 allegations set forth in the Notice of Opportunity for Hearing, to deny; permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
cs # 94-225
@ ,20 ,
. . QrE .; .

77 South Highstreet, 17th Floor Columbus.Ohio 43266-0316 (614) 466-3947
CONSENT AGREEMENT BETWEEN LORI A. DEERMAN, R.N. AND OElIO BOARD OF NURSING This CONSENT AGREEMENT is entered into by and between LORI A, DEE-N
and the OHIO BOARD O F MJRSiNG (hereinafter c?30ARD"), state agency charged with enforcing the Chapter 4723, Ohio Revised Code (hereinafter "ORC"), and all admin'itrative rules promulgated thereunder. her rights under Chapter 119, ORC, including the right to representation by counsel and the right to a formal adjudicative hearing on the issues considered herein.
MS. D E E W voluntarily enters into this CONSENT AGREEMENT being fully informed of
This CONSENT AGREEMENT contains the entire agreement between the parties, therebeing no other agreement of 'any kind, verbal or otherwise, which varies the terns of this CONSENT .' AGREEMENT. This CONSENT AGREEMENT is entered into on the basis of the following stipulations, admissions and understandings: 1. The BOARD is empowered by Section 4723.28, ORC, to deny, revoke, suspend, or place restrictions on any license issued by the BOARD; reprimand or otherwise discipline a licensee; or impose a fme of five hundred dollars ($500.00)or less per violation. Section 4723.28(B)(4) ORC authorizes the Board to discipline a licensee who has pled guilty to a felony.
2.
3.
MS. DEERMAN is licensed to practice nursing as a registeed nurse, (license

#R.N. 229269), in the State of Ohio.
MS. DEERMAN knowingly and voluntarily admits to the factual and legal
allegations set forth in the.Irnmediate Suspension and Notice of Opportunity for Hearing issued by the BOARD on January 23, 1995, which is attached hereto and incorporated herein by reference.
Wherefore, in consideration of the foregoing and mukal promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. DEERMAN knowingly and voluntarily agrees with the BOARD to the following terms, conditions and limitations: MS. D E E W s license to practice nursing as a registered nurse shall remain suspended indefinitely. Such suspension is hereby stayed, subject to the following probationary terms, conditions, and limitations until at least January 1, 1999: i. ii.
MS. DEERMAN shall appear in person for interviews before the ffull Board or its designated representative as requested by the Board.
MS. DEERMAN shall seek evaluation by a chemical dependency I mental health

professiopal, comply with all aspects of the treatment plan developed by that professional until released, and have the professional submit written reports regarding her progress to the Board.
Lori A. Deerman, R.N. Page 2
iii.
MS. DEERMAN shall attend three (3) 12 STEP meetings per week, such as Alcoholics
Anonymous, Narcotics Anonymous, Cocaine Anonymous, or Caduceus, and provide satisfactory documentation to theBoard of such attendance.
iv.
MS. DEERMAN shall submit, within twenty-four hours, blood or urine specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the
Board may request. Refusal to submit such specimen, or failure to submit such specimen within twenty-four hours, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC.
v. vi.
MS. DEERMAN shall have her employer, if working in a position where a nursing
license is required, submit written reports regarding job performance.
MS. DEERMAN shall abstain completely from the personal use or possession of drugs,
except those prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge MS. DEERMAN's history of chemical dependency.
. vii.
MS. DEERMAN shall abstain completely from the use of alcohol. MS. DEERMAN shall submit satisfactory personal statements to-theBoard regarding her progress in recovery and indicating whether or not MS. DEERMAN has complied with
all of the provisions of probation.
viii.
ix.
MS. DEERMAN shall sign a release of information form allowing the representatives of the above agencies I health professionals to submit the requested documentation directly to
the Board.
x.
xi.
MS. DEERMAN shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in OMo.
The reports and documentation required by this CONSENT AGREEMENT shall be submitted on forms specified by the Board. . DEERMAN shall verify 'that the re orts and documentation required by this CONSENT A C r m N T are received in tk' e Board office, 77 South High Street, 17th . Floor, Columbus OH 43266-0316 quarterly beginning March 1, 1997.
.
xii.
MS.
xiii.
MS; DEERMAN shall not administer, have access to, or possess (except as prescribed for MS. DEERMAN's use by another so authorized by law who has full knowledge of MS. DEERMAN's history of chemical dependency) any narcotics, other controlled substances, or mood altering drugs until at least July 1,1997. At any time after July 1, 1997, MS. DEERMAN may submit a written request to the BOARD to have this restriction re-evaluated
xiv.
hlS. DEERMAN. is hereby ordered to return her registered nurse license (# R.N. 229269), to the BOARD office within ten (10) days of receipt of this CONSENT AGREEMENT with all signatures on it, so that the licensure restriction may be noted on the license.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the BOARD, MS. DEERMAN appears to have violated or breached any terms or conditions of the CONSENT AGREEMENT, the BOARD reserves the right to i s i u e formal disciplinary proceedings for any and all possible nttt violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this CONSENT AGREEMENT.
Lori A. Deemran, R.N. Page 3
MS. DEERMAN acknowledges that she has had an opportunity to ask questions concerning the
terms of this CONSENT AGREEMENT and that all cluestions asked have been answered in a satisfactory manner.
Ti CONSENT AGREEMENT is not an adjudication order within the meaning of Section hs

119.01@), ORC. However, any action initiated by the BOARD based on alleged violations of this CONSENT AGREFMENT shall comply with the Administrative Procedures Act, Chapter 119, ORC. The terms, limitations and conditions of this CONSENT AGREEMENT may be modified or h terminated in writing at any time u p n the agreement of both MS. DEERMAN and t eBOARD.
MS. DEE&N waives all of her rights under Chapter 119, ORC, as they relate to matters w i h are the subject of this CONSENT AGREEMENT. hc
MS. DEERMAN waives any and all claimr, or causes of action she may have against the State of Ohio, the BOARD, and members, officers, employees andlor agents of either, arising out of matters which are the subject of this CONSENT AGREEMENT. shall This CONSENT AGFSEM~NT be considered a public record as that tern is used in Section MS. DEERMAN understqds that this CONSEW AGREEMENT is subject to . ratification by the BOARD prior to signature by the BOARD President and shall become effective upon the last date of signatureblow.
. 149.43, ORC.
The information contained herein may be reported to appropriate organizations, data banks and governmental bodies.
LORI A. DEERMAN
h f i ) A
/-27-97
DATE

77 South High Street. 17th Floor Columbus. Ohio 43266.03 16 (614) 466-3947
April 27,1995
IN RE:
The suitability of Lori A. Deerman, R.N. to retain her license to practice nursing as a registered nurse
This matter concerns the suitability of Lori A. Deerman, R.N. to remain licensed to practice nursing as a registered nurse under Chapter 4723, Ohio Revised Code (ORC). Ms. Deerman's license to practice nursing as a registered nurse was suspended on January 23, 1995, in accordance with Section 3719.121(C) ORC, because on or about May 17, 1994, she pled guilty in Summit County Common Pleas Court, in Case Number CR94030764 to a violation of Section 2925.22 ORC, Deception to Obtain a Dangerous Drug, which constitutes a felony drug offense as d e f i e d in Section 2925.01 ORC. It was proposed by the Ohio Board of Nursing (hereinafter Board) that Ms. Deerman's license be revoked, suspended or restricted for certain alleged violations of the provisions of Chapter 4723 ORC. Ms. Deerman, having been duly notified of an opportunity .for hearing in accordance with Chapter 119 ORC, and having requested a n administrative hearing, the hearing was held before the Board on February 24, 1995, in regard to the allegations contained in the Notice of Immediate Suspension and Opportunity for Hearing received January 30,1995. Ms. Deerman and her attorney were present for the hearing. Upon consideration of the evidence presented, the Board makes the following findings of fact and conclusions of law: That Ms. Deerman . did commit the acts charged in the Notice of Immediate Suspension and Opportunity for Hearing, to wit: on or about May 17, 1994, she pled guilty in Summit County Common Pleas Court, in Case Number CR94030764 to a violation of ~ectibn 2925.22 ORC, Deception to Obtain a Dangerous Drug.
i;dri A. Oeerman, R.N. Page 2
A plea of guilty to Deception to Obtain a Dangerous Drug constitutes a plea of guilty to a felony. Section 4723.28(8)(4) ORC authorizes the Board to discipline a licensee who has pled guilty to a felony. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28 ORC. Therefore, it is Ordered, Adjudged, and Decreed that upon receipt of this Order, the license of Lori A. Deerman, RN #229269 to practice nursing in Ohio as a registered nurse shall remain suspended indefinitely. During the suspension the Board shall receive satisfactory reports of:
1.
Participation in counseling in compliance with treatment plan developed by a chemical dependency /mental health professional until released; Compliance with court imposed probation requirements until released; Attendance at Alcoholics Anonymous/Narcotics Anonymous/Cocaine Anonymous meetings three (3) times a week; and A written personal statement regarding progress in recovery.
2. 3.
4.
The reports required in numbers I., 2. and 3. above are to be submitted on forms specified by the Board. Additionally, copies of discharge summaries from any of the above agencies must be sent to the Board office.
Ms. Deerman is responsible to do the following:

1.
Sign a release of information form allowing the representatives of the above agencies indicated to submit the requested reports to the Board; Verify that the required progress reports and personal statement are .received in the Board office (77 South High Street, 17th Floor, Columbus, Ohio 43266-0316) quarterly beginning July 1,1995; Notify the Board in writing, immediately, if the reports are not forthcoming; Report any change of name and/or change of address in writing to the Board;
2.
3. -4.
tori A. Deerman, R.N. Page 3
5.
Remain alcohol and drug free except for medications prescribed by a licensed physician, dentist, podiatrist or optometrist and submit to unannounced drug screens at her expense as required by the Board or its designee; and Report, in person, for appointments with the Board staff upon request.
6.
At any Board meeting after December 1, 1995, Ms. Deerman may appear before the Board to request re-evaluation of her licensure status. Evidence to support this request shall include:
1.
2.
Letter of reference from mental health/chemical dependency professional regarding compliance with treatment and recovery; Letter of reference from probation officer; Letter of reference from employer, if employed; and Letter from Ms. Deerman outlining future plans.
3. 4.
Appeal from this 'Order may be had, pursuant to Section 119.12 ORC, by filing a Notice of Appeal with the Ohio Board of Nursing setting forth the Order appealed from and the grounds of said appeal. A copy of such notice of appeal shall also be filed by Ms. Deerman in the Common Pleas Court of Franklin County, Columbus, Ohio. Each notice must be filed with'm fifteen days after the mailing of this Adjudication Order. Ohio Board of Nursing
Executive Director
I hereby certify this to be a true and accurate copy of the Adjudication Order of the 27 day of Ohio Board of Nursing entered on its Journal on the , 1995.
2 Z d . ;
Rosa Lee Weinert, R.N., M.S. Executive Director
- 4,
, .

I hereby certify that a true and accurate copy of Board Order # 551 concerning the
suitability of Lori A. Deerman to practice nursing as a registered nurse was sent via certified mail, return receipt requested, this
2 7
v %
day of
,1995 to 343 S i c o x Street, ~ a d s w o r t h , O h i o 44281.
I also certify that a copy of the same was sent via regular U.S. mail this
day of
rl 5
'
dh.~L
Ohio.
1995 to Bruce H. Brubaker, Attorney At Law, 60
York Street,'Akron,
I also certify that a copy of the same was sent via regular U.S. mail this
day of
Pfi a-
9 2
, 1995 to the Department of ~ e a l t hand Human
Services, Office of Inspector General, Office of Investigations, 105 West Adams, 23rd Floor, Chicago, Illinois 60603.
Rosa Lee ~ e h e r tR.N.. M.S. . Executive Director Ohio Board of Nursing
cc:
Michelle Hall Assistant Attorney General
Certified Mail Receipt No. P 235 100 979
Case #09-5910, 12-001539
May 18, 2012

Aisha M. Hampton, R.N. 13505 Eaglesmere Ave Cleveland, OH 44110 Dear Ms. Hampton: In accordance with Chapter 119 Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. In July 2009, you submitted an employment application (application) for nursing employment with Compassions Training and Awareness Center in Cleveland, Ohio. You noted in the Special Skills and Qualifications of your application that you had Train the Trainer certification. When you were later asked to provide your Train the Trainer certificate, you admitted that you had lied on your application and that you did not have the aforementioned certification.
Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Ohio Administrative Code (OAC), Rule 4723-4-06 Paragraphs (P)(2) and/or (3), states that a licensed nurse shall not submit or cause to be submitted any false, misleading or deceptive information, or documentation to current employers or prospective employers when applying for positions requiring a nursing license. 2. On or about August 31, 2009, you submitted an application to the Board for the renewal of your registered nursing license (Application). Under the Compliance section of the Application, you were asked: Have you been convicted of, found guilty of, pled guilty, pled no contest to, entered an Alford plea, received treatment or intervention in lieu of conviction or received diversion for . . . A misdemeanor in Ohio, another state, commonwealth, territory, province, or country? You answered No to this question. However, on or about December 24, 2008, in Euclid (Ohio) Municipal Court Case No. 08CRB01703, you were found guilty
Aisha M. Hampton, R.N. Page 2 of one (1) amended count of Disorderly Conduct, a misdemeanor, in violation of Section 545.04(A)(2), Euclid Municipal Code. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Ohio Administrative Code (OAC), Rule 4723-4-06(P)(1), states that a licensed nurse shall not submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board or any representative of the board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing on this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing this notice. You are hereby further informed that if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present you position, argument, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter to: Lisa Ferguson-Ramos, Compliance Unit Manager, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in the Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #09-2315
May 18, 2012

Rhonda Kay Haynes, R.N. 3511 Florence Ave. #2 Cincinnati, Ohio 45211 Dear Ms. Haynes: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about April 6, 2009, while working as a nurse for the Council on Aging of Southwestern Ohio, Cincinnati, you submitted to a drug screen that was positive for Marijuana. On or about June 9, 2009 you submitted a signed, written statement to the Board in which you admitted to taking Marijuana prior to being tested on April 6, and expected the drug screen results would be positive for Marijuana. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit
Rhonda Kay Haynes, R.N. Page 2 Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4057 Attorney Certified Mail Receipt No. 7011 2970 0003 1733 4064 cc:

Henry G. Appel, Assistant Attorney General Adam Boyd Bleile, Esq.
Case# 12-000299
May 18, 2012

Kristina L. Hoffman (F.K.A. Kristina L. Davis) 808 Jefferson Street Defiance, Ohio 43512 Dear Ms. Hoffman: In accordance with Chapter 119, of the Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. Your license to practice nursing as a registered nurse is currently suspended with conditions for reinstatement pursuant to a Consent Agreement you entered into with the Board, effective July 24, 2009 (July 2009 Consent Agreement), a copy of which is attached hereto and incorporated herein. On or about October 5, 2011, the Board received your letter requesting reinstatement. 2. You failed to meet your conditions for reinstatement as follows: Item 1. of the July 2009 Consent Agreement states, MS. DAVIS shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio, and shall comply with all terms and conditions imposed by the Defiance Municipal Court. Despite this provision: a) On or about March 24, 2010, in Defiance Municipal County, Case No. TR094287A, you pled no contest and were convicted of one (1) count of Driving Under the Influence of Alcohol, a first-degree misdemeanor, in violation of 333.01, Defiance Codified Ordinance. b) On or about July 13, 2010, in Defiance County Court of Common Pleas, Case No. 09CR10665, after pleading no contest, you were convicted of one (1) count of Obstructing Justice, a first-degree misdemeanor, in violation of Section 2921.32 (A)(1) and/or (5), ORC. c) On or about October 5, 2010, in Defiance Municipal County, Case No. CRB10-1200A, you pled guilty and were convicted of one (1) amended count of Disorderly Conduct, a fourth-degree misdemeanor in violation of Section 2917.11, ORC.
Kristina L. Hoffman (F.K.A. Kristina L. Davis) Page 2
3. Item 6. of the July 2009 Consent Agreement states, For a minimum, continuous period of sixty (60) days immediately prior to requesting reinstatement and continuing throughout the probationary period, MS. DAVIS shall submit, at her expense and on the day selected, blood or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. DAVIS shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. DAVISs history of chemical dependency and recovery status. Despite this provision, on the following dates, you failed to call FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis: September 18, 2011; October 27, 2011; January 5-6, 2012; and February 3, 2012. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse;
Kristina L. Hoffman (F.K.A. Kristina L. Davis) Page 3 reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case # 08-4714
Ohio BQ~I?C% 'EaJ~~sing 0f www.,u,-sing

17 Soiitl, High Street. Suite 400
0
ohio gov
Columbus. Ohio 43215.7410
(614) 466-3947
CONSENT AGREEMENT BETWEEN KRISTINA L,. DAVIS, R.N. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between KRISTINA L. DAVIS, R.N. (MS. DAVIS) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder..
MS. DAVIS voluntarily enters into this Consent Agreement being fully informed of her rights
under Chapter 119, ORC, including the right to representation by legal counsel and the right to a fbrmal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or othenvise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723..28(8)(9), ORC, authorizes the Board to discipline a licensee for habitual indulgence in the use of controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs ability to practice. Section 4723.28(8)(10), ORC, authorizes the Board to discipline a licensee for impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care because of habitual or excessive use of drugs, alcohol, or other chemical substances that impair the ability to practice. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(8)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-060, Ohio Administrative Code, states that a licensed nurse shall implement measures to promote a safe environment for each client.
Kristina L. Davis, R.N Page 2 B. MS. DAVIS'S license to practice nursing as a registered nurse in the State of Ohio, RN323649, has been inactive since January 2009. MS. DAVIS'S Ohio nursing license was initially issued in February 2006. MS. DAVIS knowingly and voluntarily admits to the following:
(1)
C.
On the night shift of December 21, 2008, while employed as a registered nurse at Defiance Regional Medical Center in Defiance, Ohio, MS. DAVIS was observed sleeping at work and failed to respond to a telemetry alarm. MS. DAVIS was asked to undergo a drug screen the next day and tested positive for Cocaine. MS. DAVIS'S employment at Defiance Regional Medical Center was terminated. On December 29, 2008, MS. DAVIS was arrested and was subsequently convicted of Disorderly Conduct and Operating a Vehicle Under the Influence in Defiance Municipal Court, Defiance, Ohio. MS. DAVIS reported that she got into an altercation with another woman at a bar and that she was driving a vehicle while impaired. MS. DAVIS admitted that she was having personal problems, was depressed, and had relapsed on Cocaine and Alcohol after many years. MS. DAVIS underwent an assessment at Arrowhead Behavioral Health in Maumee, Ohio, on December 29, 2008, and was diagnosed with Alcohol Dependence, Cocaine Dependence, Bipolar Disorder, and ADD. MS. DAVIS received inpatient treatment at Anowhead Behavioral Health from December 29, 2008 through January 6, 2009. Upon discharge, MS. DAVIS was referred for outpatient psychiatric care, therapy and intensive outpatient treatment. MS. DAVIS voluntarily made her nursing license inactive in January 2009 and has been cooperative with the Board's investigation. MS. DAVIS reported that she did not obtain follow-up treatment due to personal issues, but that she has been sober for more than six months and is willing to cooperate with the Board in order to return to the practice of nursing. AGREED CONDITIONS
(2)
(3)
(4)
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. DAVIS knowingly and voluntarily agrees with the Board to the following terms, conditions, and iimitations: MS. DAVIS'S license to practice nursing as a registered nurse is hereby suspended for a minimum period of sixty (60) days. After sixty (60) days, such suspension may be stayed upon approval by the Board or its designee and MS. DAVIS shall be subject to probation. MS. DAVIS'S license shall be subject to the following REINSTATEMENT and PROBATIONARY terns, conditions, and limitations for a minimum period of two (2) years:
Kristina L. Davis, R.N Page 3

1 .
MS. DAVIS shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio, and shall comply with all terms and conditions imposed by the Defiance Municipal Court. MS. DAVIS shall appear in person for interviews before the full Board or its designated representative as requested by the Board or desipnee. Within sixty (60) days prior to requesting reinstatement, MS. DAVIS agrees that she will submit a request to the Bureau of Criminal Identification and investigation (BCII) to conduct a criminal records check of MS. DAVIS, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCIl to submit MS. DAVIS's criminal records check reports to the Board. MS. DAVIS agrees that a request for reinstatement will not be cousidered by the Board until the completed criminal records check, including the FBI check, has been received by the Board.
2.
3.
Monitoring of Rehabilitation and Treatment 4. MS. DAVIS shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. DAVIS's history of chemical dependency and recovery status. MS. DAVIS shall self-administer prescribed drugs only in the manner prescribed. MS. DAVIS shall abstain completely from the use of alcohol.
For a minimum, continuous period of sixty (60) days immediately prior to

requesting reinstatement and continuing throughout the probationary period, MS. DAVIS shall submit, at her expense and on the day selected, blood or urine specimens for drug andior alcohol analysis at a collection site specified by the Board at such times as the Board may request Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. Tbis screening shall require a daily call-in process. The specimens submitted by MS. DAVIS shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. DAVIS's history of chemical dependency and recovery status. a. Within thirty (30) days prior to MS. DAVIS initiating drug screening, MS. DAVIS shall provide a copy of this Consent Agreement to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that
Kristina L. Davis, R N Page 4 is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and ail substances prescribed, administered, or dispensed to MS. DAMS. b. After initiating drug screening, MS. DAVIS shall be under a continuing duty to provide a copy of this Consent Agreement, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. Further, MS. DAVIS shall notify the Board of any and all medication(s) or prescription(s) received within twenty-four (24) hours of release from hospitalization or medical treatment.
For a minimum, continuous period of sixty (60) days immediately prior to requesting reinstatement a n d continuing throughout the probationary period, MS. DAMS shall attend a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board, or a Twelve Step program, and licensee shall provide satisfactory documentation of such attendance to the Board prior to requesting reinstatement and every six (6) months throughout the probationary period. Prior to requesting reinstatement a n d coutiuuiug throughout the probationary period on at least a qunrterly basis, MS. DAVIS shall provide the Board with satisfactory documentation of compliance with all aspects of the treatment plan developed by Arrowhead Behavioral Health as a result of the assessment described above in paragraph C(3) until released.. Treatment shall include, but not be limited to, psychiatric care, therapy and intensive outpatient treatment. Prior to receiving further treatment, MS. DAMS shall provide all treatment providers wjth a copy of this Consent Agreement and a copy of tho Assessment from Arrowhead Behavioral Health. Further, MS. DAMS shall execute releases to permit the treatment providers to obtain any information deemed appropriate and necessary. Further, MS. DAVIS agrees that the Board may utilize any additional recommendations from Arrowhead Behavioral Health, or other chemical dependency or mental health treatment providers, as a basis for additional terms, conditions, limitations on MS. DAVIS'S license and that the terms, conditions, and limitations may be incorporated in an addendum to this Consent Agreement
9.
Upon request by the Board or its designee, MS. DAVIS shall, at her own expense, obtain a chemical dependency and/or psychiatric evaluation by a Board approved chemical dependency professional and/or psychiatrist and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. DAVIS shall provide the chemical dependency professional and/or psychiatrist with a copy of this Consent Agreement and a copy of the Assessment from Arrowhead Behavioral Health. Further, MS. DAVIS shall execute releases to permit the chemical dependency professional
.. .
. , , ~ .
. . .. .
Kristina L. ~ a v i sR ~ N , Page 5 andlor psychiawist to obtain any information deemed appropriate and shall submit a written opinion to necessary for the evaluation. The p~.ofessional the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MS. DAVIS'S license to practice, and stating whether MS. DAVIS is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
10.
If a n evaluation is requested pursuant to paragraph 9 above, MS. DAVIS

shall provide the Board with satisfactory documentation of compliance with all aspects of the treatment plan developed by the chemical dependency professional andlor psychiatrist described above until released. Further, MS. DAVIS agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, limitations on MS. DAVIS'S license and that the terms, conditions, and limitations may be incorporated in an addendum to this Consent Agreement.
11.
MS. DAVIS shall notify the Board, in writing, of the name and address of any
employer prior to accepting nursing employment.
12.
MS. DAVIS is under a continuing duty to provide a copy of this Consent

Agreement to any new employer prior to accepting employment in a position where a nursing license is required. MS. DAVIS shall have her employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning within thirty (30) days of working in a nursing position. MS. DAVIS shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement, including the date the Consent Agreement was received
Reporting Requirements of Licensee 13.
MS. DAVIS shall report to the Board, in writing, any violation of this Consent
Agreement within thirty (30) days of the occurrence of the violation.
14.
MS. DAVIS shall sign release of information forms allowing health professionals and other organizations to submit the requested documentation directly to the Board. MS. DAVIS shall submit any and all information that the Board may request
regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice.
15.
.. . . . . . . . . . . .. . . .. .. Kristina L. ~ a v i sR.N. , Page 6

,
,
16.
MS. DAVIS shall not submit or cause to be submitted any false, misleading, or
deceptive statements, information, or documentation to the Board or to employers or potential employers.
17.
MS. DAVIS shall submit the reports and documentation required by this
Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board.
18.
MS. DAVIS shall submit the reports and documentation required by this
Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, O H 432157410,
19.
MS. DAVIS shall verify that the reports and documentation required by this
Consent Agreement are received in the Board office.
20.
MS. DAVIS shall inform the Board within five (5) business days, in writing,
of any change in employment status or of any change in residential or home address or telephone number..
Nursing Refresher Course Upon request by the Board or its designee, MS. DAVIS shall, prior to working in a position where a nursing license is required, complete and submit satisfactory documentation of completion of a refresher course or an extensive orientation to be approved in advance by the Board or its designee. Temoorarv Practice Restrictions Unless otherwise approved in advance by the Board o r its designee, MS. DAVIS shall not practice nursing as registered nurse ( I ) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hosp~ce care in the patient's residence; (3) for staffing agencies or pools; (4) as an Independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. DAVIS to provide nursing services fbr fees, compensation, or other consideration or as a volunteer.
MS. DAVIS shall not function in a position or employment where the job duties or
requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include but are not limited to the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing..
Kristina L. Davis, R.N Page 7
Temuorarv Narcotic Restrictions Unless otherwise approved in advance by the Board or its designee: MS. DAVIS shall not administer, have access to, or possess (except as prescribed for MS. DAVIS'S use by another so authorized by law who has full knowledge of MS. DAVIS's history of chemical dependency) any narcotics, other controlled substances, or mood altering drugs. In addition, MS. DAVIS shall not count
narcotics or possess or carry any work keys for locked medication carts, cabinets, drawers, or containers. MS. DAVIS shall not call in or order prescriptions or prescription refills for any narcotics, other controlled substances, or mood altering drugs.
FAILURE TO COMPLY MS. DAVIS agrees that her license to practice nursing as a registered nurse will be automatically suspended if it appears to the Board that MS. DAVIS has violated or breached any terms or
conditions of the Consent Agreement Following the automatic suspension, the Board shall notify MS. DAVIS via certified mail of the specific nature of the charges and automatic suspension of her license.. Upon receipt of this notice, MS. DAVIS may request a hearing regarding the charges. The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MS. DAVIS appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.
DURATION1 MODIFICATION OF TERMS

The terms, limitations and conditions oFthis Consent Agreement may be modified or terminated, in writing, at any time upon the agreement of both MS. D A W and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (I) the Board determines that MS. DAVIS has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. DAVIS is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MS. DAVIS and review of the reports as required herein. Any period during which MS. DAVIS does not work in a position for which a nursinglicense is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement
6 0 0 m LOEL9 ON XX/X&l
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K r i s k L Davis, R.N.
Page 8
MS. DAVIS acknowledges that she has had an opporhmity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a
satisfactory manner.
MS. DAVIS waivca all of her rights under Chapter 119, ORC as they relate t tomatters that are o the subject of this Consent Agreement
MS. DAVIS waives any and all claims or cauffis of action she may have against t e Boaxi, and h its members, officem, employees andlor agents arising out of maltem which are the subject of this Consent Agceement
This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The infommion contained herein may be reported to appropiate organizations, data banks and governmend bodies. This Consent Agreement is m t an adjudication or& as discussed in Chapter 119, ORE. Any action initiated by the Board based on allegedviolations of this Consent Agreement shall comply with the AdminjsWtive Procedures Act, Chapter 119, ORC.
MS. DAVIS understands that this Consent Agreement is subject to ratification by the Board prior to signamre by the Board President and sWl become effective upon the last date of
sigu&u~~ below.
0-2 m.
7
7-20
DATE
-09
Ohio Board of Nurshg
Case #11-003462
May 18, 2012

Justin Wayne Howard 6034 Marsh Circle Loveland, Ohio 45150 Dear Mr. Howard: On or about March 23, 2012, the Ohio Board of Nursing (Board) issued to you a Notice of Immediate Suspension and Opportunity for Hearing, a copy of which is attached hereto and incorporated herein. You are notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28 of the Ohio Revised Code, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about December 13, 2011, in Clermont County Court of Common Pleas Case Number 2011 CR 0868, you pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or about September 7, 2011, and involve you obtaining a dangerous drug without the consent of the owner or a person authorized to give consent. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. In or about July 2007 to September 2011, you were employed at Clermont Care Center (Clermont). In a written statement, dated
Justin Wayne Howard Page 2 September 28, 2011, you admitted that while employed as a nurse, you were questioned by the DON and ADON of Clermont regarding the frequency of your narcotics withdrawals. You admitted to singing out PRN Dilaudid for my own personal use. I now realize to severaty of my actions. I have a substance abuse problem[sic]. On or about September 19, 2011, in an interview with a Board Compliance Agent, you admitted to using IV Heroin, beginning about 1.5 years previously, when you were prescribed narcotics following dental work. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov.
Justin Wayne Howard Page 3 If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,

IN THE MATTER OF: CAROL MARIE HUNTER, R.N. CASE NO. 11-004126
DEFAULT ORDER
By certified mail letter, dated January 12, 2012, CAROL MARIE HUNTER was ordered to submit to an examination pursuant to Section 4723.28(G) ORC. MS. HUNTER holds an active license as a registered nurse in the State of Ohio. The Examination Order was signed as received at MS. HUNTERs address of record. MS. HUNTER has failed to submit to an examination and the Board has not received information that the failure to submit to an examination was due to circumstances beyond her control. In accordance with Section 4723.28(G) ORC, the failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individuals control and a default and final order may be entered without the taking of testimony or presentation of evidence. The Board finds that MS. HUNTER has failed to submit to an examination when directed, and that the failure was not due to circumstances beyond her control. Section 4723.28(B)(16) provides that the Board can suspend or place restrictions on a license for violation of Chapter 4723 or any rules adopted under that chapter. In accordance with Section 4723.28(B)(16) and Section 4723.28(G) ORC, the Ohio Board of Nursing finds that MS. HUNTER has admitted the truth of the allegations set forth in the January 12, 2012 Examination Order issued to MS. HUNTER and that MS. HUNTER is impaired. The Board ORDERS that MS. HUNTERs license to practice nursing as a registered nurse in the State of Ohio is hereby suspended for an indefinite period of time with conditions for reinstatement set forth below: CONDITIONS FOR REINSTATEMENT 1. MS. HUNTER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. 2. MS. HUNTER shall appear in person for interviews before the full Board or its designated representative as requested by the Board and prior to reinstatement.
3. MS. HUNTER shall, at her own expense, submit to a mental health examination, specifically addressing her capacity to function in a clinical nursing capacity, by the Ohio State University Harding Hospital, (hereinafter Examiner), located at 1670 Upham Dr., Fifth floor, Columbus, Ohio. Prior to the evaluation, MS. HUNTER shall provide the Examiner with a copy of this Order and the January 12, 2012 Examination Order, and shall execute releases to permit the Examiner to obtain any information deemed appropriate and necessary for the evaluation. The Examiner shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any restrictions that should be placed on MS. HUNTERs practice. The Examiner shall provide an opinion to the Board regarding whether MS. HUNTER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. 4. MS. HUNTER shall enter into a Consent Agreement with the Board for probationary terms, conditions, limitations, and restrictions determined by the Board for a minimum period of time determined by the Board. The probationary terms, conditions, limitations, and restrictions determined by the Board shall include, but not be limited to, completion or continuation of psychiatric or other mental health treatment recommended and/or restrictions specified by the Examiner, as set forth in paragraph 3., above. If the Board and MS. HUNTER are unable to agree to terms, conditions, limitations, and restrictions in a Consent Agreement, the terms, conditions, limitations, and restrictions shall be determined after a hearing is held. Reporting Requirements of Licensee 5. MS. HUNTER shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board. 6. MS. HUNTER shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. 7. MS. HUNTER shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. 8. MS. HUNTER shall submit the reports and documentation required by this Order on forms specified by the Board. All reporting and communications required by this Order shall be made to the Monitoring Unit of the Board. 9. MS. HUNTER shall submit the reports and documentation required by this Order to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. 10. MS. HUNTER shall verify that the reports and documentation required by this Order are received in the Board office. 11. MS. HUNTER shall inform the Board within three (3) business days, in writing, of any change in address and/or telephone number.
In accordance with Chapter 119, ORC, MS. HUNTER is hereby informed that MS. HUNTER is entitled to a hearing on this matter. If MS. HUNTER wishes to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. MS. HUNTER is hereby further informed that, if MS. HUNTER timely requests a hearing, MS. HUNTER is entitled to appear at such hearing in person, by MS. HUNTERs attorney, or by such other representative as is permitted to practice before the Board, or MS. HUNTER may present MS. HUNTERs position, arguments, or contentions in writing. At the hearing MS. HUNTER may also present evidence and examine witnesses appearing for and against MS. HUNTER. Should MS. HUNTER choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. This Order shall become effective immediately upon the date of mailing indicated on the attached Certificate of Service and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.
CERTIFICATION
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director __May 18, 2012 ____________________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, CAROL MARIE HUNTER, was sent via certified mail, return receipt requested, this 21st day of May, 2012 to CAROL MARIE HUNTER, 2746 Eastcleft, Columbus, Ohio 43221. I also certify that a copy of the same was sent via regular U.S. mail this 21st day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020. ______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director
cc:
Henry G. Appel, Assistant Attorney General
Case #12-000452
May 18, 2012

Theresa Michele Impala 27266 Cook Road Olmsted Twp, Ohio 44138 Dear Ms. Impala: On or about March 23, 2012, the Ohio Board of Nursing (Board) issued to you a Notice of Immediate Suspension and Opportunity for Hearing, a copy of which is attached hereto and incorporated herein. You are notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28 of the Ohio Revised Code, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about January 30, 2012, in Cuyahoga County Court of Common Pleas Case Number CR-11-553339, you pled guilty to one (1) count of Theft; Aggravated Theft, to wit: Oxycodone, a felony of the fourth degree, in violation of Section 2913.02(A)(3), ORC; one (1) count of Drug Possession, a felony of fifth degree, in violation of Section 2925.11(A), ORC; and one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23(A), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or about November 12, 2010, and involve you obtaining Oxycodone/Schedule II drug by deception. Further acts underlying this case involve you obtaining, possessing or using Oxycodone. Further acts underlying this case involve you making a false statement in any prescription, order, report or record involving a Schedule I or II drug, not Marihuana. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt
Theresa Michele Impala Page 2 resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Board Member Certified Mail Receipt No. 7011 2970 0003 1733 4590 Attorney Certified Mail Receipt 7011 2970 0003 1733 4606 cc: Henry G. Appel, Assistant Attorney General LaTonia Denise Wright, Esq.
Case# 12-001250
May 18, 2012

Melawn T. Jeter, L.P.N. 206 Helen Avenue Mansfield, Ohio 44906 Dear Ms. Jeter: You are hereby notified that, on or about March 18, 2011, you entered into a Consent Agreement (March 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least one (1) year. A. You were issued a license to practice nursing as a licensed practical nurse in the State of Ohio on March 28, 2011. B. Item 2. of the March 2011 Consent Agreement states, MS. JETER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or is designee. Despite this provision, on or about March 27, 2012, you failed to appear at the Boards office for your scheduled personal interview with your Board Monitoring Agent. You were sent a letter dated March 13, 2012, to your address of record notifying you of this scheduled personal interview C. Item 3. of the March 2011 Consent Agreement states, Within ninety (90) days of the effective date of this Consent Agreement, MS. JETER shall provide a copy of this Consent Agreement to the State Board of Vocational Nursing foe [sic] California (California Board). Further, by May 1, 2011, MS. JETER shall cause the California Board to submit satisfactory documentation to this Board indicating that it is in receipt of this Consent Agreement and the date the California Board received this Consent Agreement. Despite this provision, as of April 26, 2012, you have failed to cause the California Board to submit satisfactory documentation to this Board indicating that it is in receipt of this Consent Agreement.
Melawn T. Jeter, L.P.N. Page 2 D. Item 5. of the March 2011 Consent Agreement states, Within ninety (90) days from the effective date of this Consent Agreement, MS. JETER shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing education taken subsequent to the effective date of this Consent Agreement: two (2) hours of Ohio nursing law and rules and eight (8) hours of ethics and/or professionalism. Despite this provision, as of April 26, 2012, you have failed to submit to the Board satisfactory documentation of successful completion of two (2) hours of Ohio nursing law and rules and eight (8) hours of ethics and/or professionalism. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the March 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 2., 3. and 5.of the March 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-144246, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a licensed practical nurse without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 18, 2011, you entered into a Consent Agreement (March 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least one (1) year. 2. You were issued a license to practice nursing as a licensed practical nurse in the State of Ohio on March 28, 2011. 3. Item 2. of the March 2011 Consent Agreement states, MS. JETER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or is designee.
Melawn T. Jeter, L.P.N. Page 3 Despite this provision, on or about March 27, 2012, you failed to appear at the Boards office for your scheduled personal interview with your Board Monitoring Agent. You were sent a letter dated March 13, 2012, to your address of record notifying you of this scheduled personal interview 4. Item 3. of the March 2011 Consent Agreement states, Within ninety (90) days of the effective date of this Consent Agreement, MS. JETER shall provide a copy of this Consent Agreement to the State Board of Vocational Nursing foe [sic] California (California Board). Further, by May 1, 2011, MS. JETER shall cause the California Board to submit satisfactory documentation to this Board indicating that it is in receipt of this Consent Agreement and the date the California Board received this Consent Agreement. Despite this provision, as of April 26, 2012, you have failed to cause the California Board to submit satisfactory documentation to this Board indicating that it is in receipt of this Consent Agreement. 5. Item 5. of the March 2011 Consent Agreement states, Within ninety (90) days from the effective date of this Consent Agreement, MS. JETER shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing education taken subsequent to the effective date of this Consent Agreement: two (2) hours of Ohio nursing law and rules and eight (8) hours of ethics and/or professionalism. Despite this provision, as of April 26, 2012, you have failed to submit to the Board satisfactory documentation of successful completion of two (2) hours of Ohio nursing law and rules and eight (8) hours of ethics and/or professionalism. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you.
Melawn T. Jeter, L.P.N. Page 4 Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #lo-3317
Ohio Board of NBABArsimzg www.nursing.ohio.gov

17 Soutl, High street, Suite 400 * ~olunibus, Ohio 43215-7410 (614) 466-3947
CONSENT AGREEMENT BETWEEN MELAWN T. JETER, L.P.N. APPLICANT AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between MELAWN T. JETER, L.P.N. APPLICANT (MS. JETER) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723, of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder.
MS. JETER voluntarily enters into this Consent Agreement being fully informed of her
rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement.
This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723.28(B)(4), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for a conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. Section 4723,28(B)(6), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, an act in another jurisdiction that would constitute a felony or a crime of moral turpitude in Ohio.
Melawn T. Jeter, L.P.N. Applicant Page 2 B. On or about July 20, 2010, MS. JETER submitted to the Board an Application for Licensure by Endorsement to Practice in Ohio as a Licensed Practical Nurse.
C.
MS. JETER has been licensed to practice nursing as a licensed vocational nurse in California since 1988. MS. JETER does not have any prior disciplinary action taken against her nursing license. MS. JETER knowingly and voluntarily admits that, in 2007, in the Superior Court of California, County of San Bernardino, she was convicted of one (1) amended misdemeanor charge of Commercial Burglary. The acts underlying MS. JETER's conviction consist of her using counterfeit bills to pay for merchandise. MS. JETER completed the terms of her probation in 2010.
In her statement to the Board, MS. JETER reported that she obtained the counterfeit bills from a family member and at the time, she did not know that the bills were counterfeit.
D.
E.
F.
MS. JETER is aware that her theft-related misdemeanor conviction may restrict her opportunity to work as a nurse, in Ohio, in certain settings.
AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. JETER knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: Upon meeting the requirements for licensure, MS. JETER shall be granted a license to practice nursing as a licensed practical nurse in the State of Ohio. MS. JETER's license to practice nursing as a licensed practical nurse shall be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimumperiod of at least one ( I ) year: 1.
MS. JETER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MS. JETER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee.
Within ninety (90) days of the effective date of this Consent Agreement, MS. JETER shall provide a copy of this Consent Agreement to the State Board of Vocational Nursing foe California
2.
3.
Melawn T. Jeter, L.P.N. Applicant Page 3 (California Board). Further, by May 1,2011, MS. JETER shall cause the California Board to submit satisfactory documentation to this Board indicating that it is in receipt of this Consent Agreement and the date the California Board received this Consent Agreement.
Criminal Records Check

4.
Within ninety (90) days prior to submitting a request for release from the probationary terms, conditions and limitations of this Consent Agreement, MS. JETER agrees that she will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. JETER, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. JETER's criminal records check reports to the Board. MS. JETER agrees that a request for release from the probationary terms of this Consent Agreement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board. Continuing Education Hours Within ninety (90) days from the effective date of this Consent Agreement, MS. JETER shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing education taken subsequent to the effective date of this Consent Agreement: two (2) hours of Ohio nursing law and rules and eight (8) hours of ethics andior professionalism.
6.
Prior to accepting employment as a nurse, each time with every employer, MS. JETER shall notify the Board. MS. JETER is under a continuing duty to provide a copy of this Consent Agreement to any new employer prior to accepting employment in a position in which a nursing license is required. MS. JETER shall have her employer(s), if working in a positioi~where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning May 1, 2011 or within thirty (30) days of accepting nursing employment. MS. JETER shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement, including the date the Consent Agreement was received.
7.
Melawn T. Jeter, L.P.N. Applicant Page 4

8.
MS. JETER shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MS. JETER shall sign release of information forms allowing health professionals and other organizations to submit the requested documentation directly to the Board. MS. JETER shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. MS. JETER shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MS. JETER shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board. MS. JETER shall submit the reports and documentation required by this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. MS. JETER shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MS. JETER shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
9.
10.
11.
12.
13.
14.
15.
Temporarv Practice Restrictions
MS. JETER shall not practice nursing as a licensed practical nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. JETER to provide nursing services for fees, compensation, or other consideration or as a volunteer.
MS. JETER shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY MS. JETER agrees that her license to practice nursing as a licensed practical nurse will be automatically suspended if it appears to the Board that MS. JETER has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. JETER via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. JETER may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MS. JETER appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.

The terms, limitations, and conditions, of this Consent Agreement may be modified or terminated, in writing, at any time upon the agreement of both MS. JETER and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (1) the Board determines that MS. JETER has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. JETER is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MS. JETER and review of the reports as required herein. Any period during which MS. JETER does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
ACKNOWLEDGMENTSILIABILITY RELEASE
MS. JETER acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner.
Mar.
4. 2 0 1 1
3:54PM
No. 6 5 3 3
P. 7
MS. JETER waives all of her rights under Chapter I. 19, ORC, as they relate to matters
that are the subject of this Consent Agreement.
MS. JETER waives any and all claims or causes of action she may have against the
Board, and its members, officers, employees andlor agents arising out of matters, which are the subject of this Consent Agreement. This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies. This Consent Agreement is not an adjudication order as discussed in Chapter 119, ORC. Any action initiated by the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC.
MS. JETER understands that this Consent Agreement is subject to ratification by the
Board prior to signature by the Board President and shall become effective upon the last date of signature below.
53.9
1P
.P.N. APPLICANT
DATE
8h Of+ ' '1

4
DATE
03/04/2011
F R I 17:17 [TK/RX
NO 5 8 4 9 1 B O O 7
Case #2011-004041
May 18, 2012

James William Johnson, Jr., R.N. Applicant 2813 N. 16th Herrin, Illinois 62948 Dear Mr. Johnson: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny or permanently deny your application for a licensure, permanently revoke, suspend, or place restrictions on a license to practice nursing as a registered nurse granted to you; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about September 21, 2011, you submitted an Application for Licensure by Endorsement to Practice Nursing as a Registered Nurse in Ohio and that Application is pending before the Board. Under Compliance, Question 3., you answered yes to the question whether any board, bureau, department, agency or other public body, including those in Ohio, other than this Board, in any way limited, restricted, suspended, or revoked any professional license or certificate granted to you; placed you on probation; imposed a fine, censure or reprimand against you; or to whether you voluntarily surrendered, resigned, or otherwise forfeited any professional license, certificate or registration. a) On or about January 5, 2004, the State of Illinois Department of Professional Regulation (Illinois Board) issued an Order (Illinois Board 2004 Order) in which your Illinois nursing license was placed on probation for a one (1) year period. A copy of the Illinois Board 2004 Order, along with the Findings of Fact, Conclusions of Law and Recommendations to the Director issued on July 11, 2003, are attached hereto and incorporated herein. On or about September 27, 2010, the State of Missouri Division of Professional Regulation Board of Nursing placed your license to practice as a registered nurse on probation based upon documents received from the State of Illinois Department of Professional Regulation. Section 4723.28(B)(1), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction.
James William Johnson, Jr., R.N. Applicant Page 2 Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny or permanently deny your application; revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Illinois Department of Financial and Professional Regulation

D i v i s i o n o f Professional R e g u l a t i o n
PAT QUINN
Governor
BRENT E.ADAMS
Secretary
JAY STEWART
Acfiag Director Diesion of Profesrlaoal Regulation
CERTIFICATION
I, Jay Stewart, Acting Director of the Division of Professional Regulation, do hereby certify that I have been designated by the Secretary of the Department of Financial and Professional Reguiation of the State of Illinois, as the keeper of its records and Seal. Such document(s) attached hereto are certified copies of the records maintained and kept by this Department i n the regular course of business as of today's date.
I N WITNESS WHEREOF, I have set my hand and Seal of the Department of Financial and Professional Regulation at Springfield, Sangamon County, Illinois, this
8 day ' --.?-!_---- of - - ~ e i ! & & d ----- 20_/1_-.
Acting Director Division of Professional Regulation
Please contact the Division of Professional Regulation, Licensure Maintenance Unit, at 217-782-0458 if you have any questions. Documentation Cerlification Itr
Please contact the Dirision of Profcssio,ral Regr~lalio,r,Licrrtsure Maialenanee Llnil, a t 217/782-0458 if you have any questions.
STATE OF ILLINOIS DEPARTMENT OF PROFESSIONAL REGULATION DEPARTMENT OF PROFESSIONAL REGULATION Of the State of Illinois, Complainant
V.
) )
1
1 1 1
) ) NO. 1999-08531-1
JAMES W. JOHNSON, JR., License No. 41-293300 Respondent
THIS MATTER having come before the Illinois Board of Nursing of the Department of Professional Regulation of the State of Illinois, the Respondent having failed to file a Response to Department's Complaint, and the Illinois Board of Nursing having made certain Findings of Fact, Conclusions of Law and a Recommendation to the Director of the Department; NOW, THEREFORE, I, FERNANDO E. GRILLO, DIRECTOR OF THE DEPARTMENT OF PROFESSIONAL REGULATION of the State of Illinois, do hereby adopt the f ndings of Fact, Conclusions of Law and Recommendation of the Illinois Board of Nursing, dated July 11,2003. IT IS THEREFORE ORDERED that the Certificate of Registration, License No. 41-293300, heretofore issued to JAMES W. JOHNSON, JR., to carry on the practice of a Registered ~rofessionai' Nurse in the State of Illinois hereby placed on probation for one year with the conditions set forth in theBoard's Recommendations which adopts the Administrative Law Judge's Recommendations: Respondent is required to take twelve (12) hours of CME classes relating to ethics within the one year period of probation in addition to CME classes already required as a licensee; Respondent's employer must file
Page 1 of 2
two (2) reports with Department's Probation Compliance Unit and the first report shall be due three months after the date that probation begins and the second report shall be due ten months after the date that probation begins (Reports shall consist of the location and nature of Respondent's employment as well as an indication of Respondent's integrity and ethics in the workplace, including any problems with sexual harassment or lack thereof); failure to comply with any of these conditions shall be grounds for the Department to file a complaint for violation of probation. Respondent's probation is effective immediately upon the Director's signing of this Order.
DATED THIS
%jAR
DAY OF -$-iwm-\o
,2003.
DEPARTMENT OF PROFESSIONAL REGULATION of the State of Illinois
DIRECTOR
Reference: JAMES W. JOHNSON, JR. License No. 41-293300 Case No. 1999-08531-1
Page 2 of 2
STATE OF ILLINOIS DEPARTMENT OF PROFESSIONAL REOULATION DEPARTMBNT OF PROPESSIONAL REGULATION OF THE STATE OF ILLINOIS, Complainant v. JAMES W. JOHNSON, JR., License # 41-293300 Respondent
,FlNDINGS OF FACT. CONCLUSIONS OF LAW

&TIRECOMMENDATIONS TO-TI3 DIRECTOK
The Illinois Board of Nursing of the Illinois Department of Professional Regulation ("Board"), after reviewinn rhis matter, a maiarity of its members hereby makes the following Findims of , Fact, ~ o n c l u s h of Law and ~&&ndation s to the irkt tor: FINDINGS OF FACT
1. THAT the Board adoats the Findines of Fact contained in the AdministrativeLaw Judge's Report and ~ecommendhion ~ a k 18,2003, by Lucia Kubiatowski, filed h Administrative Law Judge and incorporates those Findings of Fact by reference herein.
CONCLUSIONS OF LAW
1. THAT the Board adopts the Conclusions of Law contained in the Administrative Law Judne's Report and Recommendation filed March 18,2003, by Lucia Kubiatowski, ~dministrative Judge and incorporates those ~ o n c l u s i o ~ Law of Law by reference herein.
RECOMMEND1. THAT the Board adoats the Recommendations contained in the Administrative Law Judge's Report and ~ecommenciation March 18,2003, by Lucia Kubiatowski, filed Administmtive Law Judge and incovorates those Recommendations by reference herein.
Dated the
"
day of
u$L
,2003.
VICE-CHAIRPERSON
, L & ~ ? L G I - L ~ ; MEMBER MEMBER
M. .
S+
MEMBER
MEMBER
Case# 12-000447
May 18, 2012

Amy Nicole Jones, L.P.N. 309 South Wright Street Blanchester, Ohio 45107 Dear Ms. Jones: You are hereby notified that, on or about May 21, 2010, you entered into a Consent Agreement (May 2010 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for renewal, your license to practice nursing as a licensed practical nurse in the State of Ohio would be renewed and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of eighteen (18) months. A. Item 4. of the May 2010 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement (unless an extension is granted by the Board or its designee), MS. JONES shall establish contact with a nursing educator approved in advance by the Board who has no less than a masters degree and who is affiliated with a nursing educational program. Further, within ninety (90) days of the effective date of this Consent Agreement (unless an extension is granted by the Board or its designee), MS. JONES shall have the educator provide the Board with a written report of an assessment of MS. JONES which identifies MS. JONESs knowledge/practice deficiencies and remedial educational needs. Prior to the assessment, MS. JONES shall provide the nursing educator with a copy of this Consent Agreement and shall submit to any nursing skills or knowledge assessments required by the educator. MS. JONES shall also execute releases prior to the assessment to permit the educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. JONESs employer(s), former employers, and Board staff. Following the assessment, MS. JONES shall have the educator provide the Board with a copy of a learning plan developed by the educator for MS. JONES and shall obtain approval of the learning plan by the Board or a Board designee. The learning plan shall identify specific remediation that MS. JONES shall complete to address any knowledge/practice deficiencies and
Amy Nicole Jones, L.P.N. Page 2 remedial educational needs identified by the educator and shall identify the time frame during which MS. JONES shall complete such learning plan. MS. JONES shall successfully complete and submit satisfactory documentation of successful completion of the learning plan within the time frame specified in the learning plan. After MS. JONES has successfully completed the learning plan, the educator shall provide the Board with an assessment and any recommendations for additional remedial education and/or restrictions that should be placed on MS. JONESs license to practice. Furthermore, the educator shall provide to the Board a written opinion stating whether MS. JONES is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. MS. JONES shall be responsible for all costs associated with meeting the requirements of the learning plan. Despite this provision, as of April 3, 2012, you have failed to submit to the Board satisfactory documentation of completion of the learning plan developed by your nursing educator. On or about July 26, 2010, you obtained an educational needs assessment from a Board approved nursing educator, who developed a learning plan for you based on the assessment. Your nursing educator submitted the learning plan to the Board and your expected date of completion was December 31, 2010. B. Item 11. of the May 2010 Consent Agreement states, MS. JONES shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. Despite this provision, as of April 3, 2012, you have failed to submit a written statement to the Board explaining the delay in completing your learning plan. On or about December 5, 2011, during a telephone interview, your Board Compliance Agent requested that you submit a written statement explaining your delay in completing your learning plan. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the May 2010 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 4. and 11. of the May 2010 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-122265, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(B), ORC.
Amy Nicole Jones, L.P.N. Page 3 You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or on or about May 21, 2010, you entered into a Consent Agreement (May 2010 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for renewal, your license to practice nursing as a licensed practical nurse in the State of Ohio would be renewed and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of eighteen (18) months. 2. Item 4. of the May 2010 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement (unless an extension is granted by the Board or its designee), MS. JONES shall establish contact with a nursing educator approved in advance by the Board who has no less than a masters degree and who is affiliated with a nursing educational program. Further, within ninety (90) days of the effective date of this Consent Agreement (unless an extension is granted by the Board or its designee), MS. JONES shall have the educator provide the Board with a written report of an assessment of MS. JONES which identifies MS. JONESs knowledge/practice deficiencies and remedial educational needs. Prior to the assessment, MS. JONES shall provide the nursing educator with a copy of this Consent Agreement and shall submit to any nursing skills or knowledge assessments required by the educator. MS. JONES shall also execute releases prior to the assessment to permit the educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. JONESs employer(s), former employers, and Board staff. Following the assessment, MS. JONES shall have the educator provide the Board with a copy of a learning plan developed by the educator for MS. JONES and shall obtain approval of the learning plan by the Board or a Board designee. The learning plan shall identify specific remediation that MS. JONES shall complete to address any knowledge/practice deficiencies and remedial educational needs identified by the educator and shall identify the time frame during which MS. JONES shall complete such learning plan. MS. JONES shall successfully complete and submit satisfactory documentation of successful completion of the learning plan within the time frame specified in the learning plan. After MS. JONES has successfully completed the learning plan, the educator shall provide the Board with an assessment and any recommendations for additional remedial education and/or restrictions that should be placed on MS. JONESs license to practice. Furthermore, the educator shall provide to the Board a written opinion stating whether MS. JONES is capable of practicing nursing according to acceptable and
Amy Nicole Jones, L.P.N. Page 4 prevailing standards of safe nursing care. MS. JONES shall be responsible for all costs associated with meeting the requirements of the learning plan. Despite this provision, as of April 3, 2012, you have failed to submit to the Board satisfactory documentation of completion of the learning plan developed by your nursing educator. On or about July 26, 2010, you obtained an educational needs assessment from a Board approved nursing educator, who developed a learning plan for you based on the assessment. Your nursing educator submitted the learning plan to the Board and your expected date of completion was December 31, 2010. 3. Item 11. of the May 2010 Consent Agreement states, MS. JONES shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. Despite this provision, as of April 3, 2012, you have failed to submit a written statement to the Board explaining the delay in completing your learning plan. On or about December 5, 2011, during a telephone interview, your Board Compliance Agent requested that you submit a written statement explaining your delay in completing your learning plan. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny,
Amy Nicole Jones, L.P.N. Page 5 permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #07-2592 & 10-1728
17 South High Street, Suite 400
(:olumhus, Ohio 43215-7410
(614) 466-3947
CONSENT AGREEMENT BETWEEN AMY N. JONES, L.P.N. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between AMY N. JONES, L.P.N. (MS. JONES) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder.
MS. JONES voluntarily enters into this Consent Agreement being fully informed of her
rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations. admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723,28(B)(16), ORC, authorizes the Board to discipline a licensee for any violation of this chapter or any rules adopted under it. Specifically, Rule 4723-4-06(H), Ohio Administrative Code (OAC), states that a licensed nurse shall implement measures to implement a safe environment for each client. MS. JONES'S license to practice nursing as a licensed practical nurse in the State of Ohio, PN-122265, has been inactive since
B.
Amy N. Jones, L.P.N. Page 2 January Z008. MS. JONES was initially licensed as a nurse in May 2006. C. On or about April 28, 2010, MS. JONES submitted a 2010-2012 biennial renewal application to the Board.
D.
MS. JONES knowingly and voluntarily admits to the following:

1) On or about July 10, 2007, while working as a licensed practical nurse at Pine Crest Care Center in Morrow, Ohio, MS. JONES administered oxygen to a patient in respiratory distress before clearing the airway, which required the patient to be hospitalized. MS. JONES was notified at the beginning of her shift that the patient had vomited and his tube feeding had been stopped. MS. JONES admits that she panicked and, instead of first suctioning the patient's blocked airway, she administered oxygen. MS. JONES accepts responsibility and is remorseful for her actions. 2) On or about January 28, 2008, MS. JONES placed her nursing license on inactive status. 3) MS. JONES is now requesting to reinstate her Ohio nursing license and is willing to cooperate with the Board.
AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. JONES knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: Upon meeting the requirements of renewal, MS. JONES'S license to practice nursing as a licensed practical nurse shall be renewed and suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of eighteen (18) months: 1.
MS. JONES shall obey ail federal, state, and local laws, and all laws
and rules governing the practice of nursing in Ohio.
2.
MS. JONES shall appear in person for interviews before the full Board
or its designated representative as requested by the Board or its designee.
3.
MS. JONES agrees that she will submit a request to the Bureau of
Criminal Identification and Investigatioi~(BCII) to conduct a criminal records check of MS. JONES, including a check of Federal Bureau of
Amy N. Jones, L.P.N. Page 3 Investigation (FBI) records, and shall cause BCII to submit MS. JONES's criminal records check reports to the Board. MS. JONES's coinpleted criminal records check, including the FBI check, must be received by the Board within six (6) months folIowing the effective date of the Consent Agreement.
EducationaI Needs Assessment and Learning Plan
4.
Within forty-five (45) days of the effective date of this Consent Agreement (unless an extension is granted by the Board or its designee), MS. JONES shall establish contact with a nursing educator approved in advance by the Board who has no less than a master's degree and who is affiliated with a nursing educational program. Further, within ninety (90) days of the effective date of this Consent Agreement (unless an extension is granted by the Board or its designee), MS. JONES shall have the educator provide the Board with a written report of an assessment of MS. JONES which identifies MS. JONES's knowledgelpractice deficiencies and remedial educational needs. Prior to the assessment, MS. JONES shall provide the nursing educator with a copy of this Consent Agreement and shall submit to any nursing skills or knowledge assessments required by the educator. MS. JONES shall also execute releases prior to the assessment to permit the educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. JONES's employer(s), former employers, and Board staff. Following the assessment, MS. JONES shall have the educator provide the Board with a copy of a learning plan developed by the educator for MS. JONES and shall obtain approval of the learning plan by the Board or a Board designee. The learning plan shall identify specific remediation that MS. JONES shall complete to address any knowledgelpractice deficiencies and remedial educational needs identified by the educator and shall identify the time frame during which MS. JONES shall complete such learning plan. MS. JONES shall successfully complete and submit satisfactory documentation of successful completion of the learning plan within the time frame specified in the learning plan. After MS. JONES has successfully completed the learning plan, the educator shall provide the Board with an assessment and any recommendations for additional remedial education andlor restrictions that should be placed on MS. JONES's license to practice. Furthermore, the educator shall provide to the Board a written opinion stating whether MS. JONES is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. MS. JONES shall be responsible for all costs associated with meeting the requirements of the learning plan.
Amy N. Jones, L.P.N. Page 4
5.
MS. JONES agrees that the Board may utilize the educator's
recommendations and conclusions froin the assessment as a basis for additional terms, conditions, and limitations on MS. JONES'S license and that the terms, conditions, and limitations shall be incorporated in an addendum to this Consent Agreement.
6.
7.
Prior to accepting nursing employment, each time with every employer, MS. JONES shall notify the Board, in writing. Prior to accepting nursing employment, MS. JONES provide a copy of this Consent Agreement to any new employer.
8.
MS. JONES shall have her employer(s), if working in a position where

a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning within thirty (30) days of nursing employment. MS. JONES shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement, including the date the Consent Agreement was received.

9.
MS. JONES shall report to the Board, in writing, any violation of this
Consent Agreement within thirty (30) days of the occurrence of the violation.
10.
MS. JONES shall sign release of information forms allowing health

professionals and other organizations to submit the requested documentation directly to the Board.
11.
MS. JONES shall submit any and all information that the Board may
request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice.
12.
MS. JONES shall not submit or cause to be submitted any false,

misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers.
13.
MS. JONES shall submit the reports and documentation required by

this Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board.
Amy N. Jones, L.P.N. Page 5 14.
MS. JONES shalt submit the reports and documentation required by this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. MS. JONES shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MS. JONES shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
15. 16.
Temvorarv Practice Restrictions
MS. JONES shall not practice nursing as a licensed practical nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. JONES to provide nursing or services for fees, compensatioi~, other consideration or as a volunteer. MS. JONES shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY MS. JONES agrees that her license to practice nursing as a licensed practical nurse will be automatically suspended if it appears to the Board that MS. JONES has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. JONES via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. JONES may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MS. JONES appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.
Amy N.Jones, L.P.N. Page 6
The terms, limitations, and conditions, of this Consent Agreement may be modified or terminated, in writing, at any time upon the agreement of both MS. JONES and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (1) the Board determines that MS. JONES has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. JONES is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MS. JONES and review of the reports as required herein. Any period during which MS. JONES does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
MS. JONES acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MS. JONES waives all of her rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement. MS. JONES waives any and all claims or causes of action she may have against the Board, and its members, officers, employees andlor agents arising out of matters, which are the subject of this Consent Agreement.
This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies. This Consent Agreement is not an adjudication order as discussed in Chapter 119, ORC. Any action initiated by the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC.
Amy N. Jones,L.P.N. Page 7
MS. JONES understands that this Consent Apement is ~ubjectto ratification by the Board prior tn signature by the Board Preside~ir nnd shall become effective upon t l ~ e last
date of signatme below.
AMY N. @NES,
DATE
@ h!bj h& 8fi,e,4m,RJ &

WtO
DATE
Case 12-001142
May 18, 2012

Daniel Allen Keesling, R.N. 6305 W. 725N Middletown, IN 47356 Dear Mr. Keesling: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 27, 2012, you were interviewed by a Board Compliance Agent regarding your nursing practice while working for Air Evac EMS (Air Evac). You admitted to the following: (a) You diverted Morphine and Fentanyl while working for Air Evac, beginning approximately two (2) years before; (b) You started by diverting only waste, but eventually started tampering with vials, withdrawing Morphine and Fentanyl from the vials, and replacing the drugs with saline; (c) You would accomplish tampering by pushing a needle through the plastic vial to withdraw and replace the drug with saline; (d) You would replace up to 50% of the drug with the same amount of saline; (e) Your diversion would depend on having access but occurred at least once per week. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Ohio Administrative Code Rule Rule 4723-4-06(H), states that a licensed nurse shall implement measures to promote a safe environment for each client.
Daniel Allen Keesling, R.N. Page 2 Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case# 12-000790
May 18, 2012

Stephen Michael Kelly, R.N. 1713 West Ash Fullerton, CA 92833 Dear Mr. Kelly: You are hereby notified that, on or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a registered nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of two (2) years. Attached to and incorporated within the November 2011 Consent Agreement is a November 19, 2010 Notice of Opportunity for Hearing (November 2010 Notice) with the attached August 2, 2006 Texas Agreed Order and the November 14, 2007 Nevada Letter. A. Item 4. of the November 2011 Consent Agreement states, MR. KELLY is hereby fined five hundred dollars ($500.00) for each application he submitted to the Board that contained false information. BY JANUARY 1, 2012, MR. KELLY shall pay the fine of one thousand dollars ($1,000.00) by certified check, cashier check, or money order, made payable to the "Treasurer, State of Ohio," to the Board. Payment shall be mailed to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. Despite this provision, as of April 23, 2012, you have failed to submit to the Board a payment of one thousand dollars ($1, 000.00). B. Item 7. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing for a minimum, continuous period of six (6) months, MR. KELLY shall submit, at his expense and on the day selected, blood, breath, hair, or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MR. KELLYs initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day he is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall
Stephen Michael Kelly, R.N. Page 2 require a daily call-in process. The specimens submitted by MR. KELLY shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MR. KELLY. Despite this provision, as of April 23, 2012, you have failed to register with FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the November 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 4. and 7. of the November 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-320867, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a registered nurse without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about November 18, 2011, November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a registered nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of two (2) years. Attached to and incorporated within the November 2011 Consent Agreement is a November 19, 2010 Notice of Opportunity for Hearing (November 2010 Notice) with the attached August 2, 2006 Texas Agreed Order) and the November 14, 2007 Nevada Letter. 2. Item 4. of the November 2011 Consent Agreement states, MR. KELLY is hereby fined five hundred dollars ($500.00) for each application he submitted to the Board that contained false information. BY JANUARY 1, 2012, MR. KELLY shall pay the fine of one thousand dollars ($1,000.00) by certified check, cashier check, or money order, made payable to the "Treasurer, State of Ohio," to the Board. Payment shall be mailed to the attention of the
Stephen Michael Kelly, R.N. Page 3 Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. Despite this provision, as of April 23, 2012, you have failed to submit to the Board a payment of one thousand dollars ($1, 000.00). 3. Item 7. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing for a minimum, continuous period of six (6) months, MR. KELLY shall submit, at his expense and on the day selected, blood, breath, hair, or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MR. KELLYs initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day he is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MR. KELLY shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MR. KELLY. Despite this provision, as of April 23, 2012, you have failed to register with FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov.
Stephen Michael Kelly, R.N. Page 4 If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case # 10-0978 and 10-0979

i 7 South High Sti.eet. Suite 400
,~~w,v.n~~rsing.ohio.go\i
Coiiirnhns, Ohio 4321 5-7410
((ill)406-3947
CONSENT AGREEMENT BETWEEN STEPHEN MICHAEL KELLY, R.N. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and STEPHEN MICHAEL KELLY, R.N. (MR. KELLY) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. For purposes of this Agreement, "Consent Agreement" shall be defined to include the following document which is attached hereto and incorporated herein: * November 19,2010 Notice of Opportunity for Hearing (November 2010 Notice).
This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723.28(A) ORC, authorizes the Board to revoke the license or refuse to grant a license to a person who has been found by the Board to have committed fraud, misrepresentation, or deception in applying for or securing any license issued by the Board. Section 4723.28@)(1), ORC, authorizes the Board to discipline a licensee for denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P), Ohio Administrative Code, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false,
STEPHEN MICHAEL KELLY, R.N Page 2
misleading or deceptive information, or documentation to the Board or any representative of the board.
MR. KELLY was initially licensed to practice nursing as a registered nurse in the State of Ohio, RN-320867 in August 2005. MR. KELLY also holds an active license to practice nursing as a registered nurse in Nevada, Massachusetts, Ohio, Virginia, Indiana, Missouri, New Mexico, Texas, Utah, and Washington. MR. KELLY knowingly and voluntarily admits to the factual and legal allegations set forth in the November 2010 Notice with respect to violations of ORC sections 4723.28(B)(l) and 4723.28(B)(16), and also violations of OAC 4723-4-06(P)(l). MR. KELLY knowingly and voluntarily admits to the following:
1. On or about August 2, 2006, MR. KELLY was disciplined by the Board of Nurse Examiners for the State of Texas v e x a s Board) for falsely stating on his application for licensure that he had not been addicted to or received treatment for the use of alcohol or any drug. However, on June 7 , 2004, MR. KELLY enrolled in treatment at Cornerstone of Southern California, Tustin, California, for inpatient and subsequent outpatient treatment.
2. On or about November 7 , 2007, the Nevada State Board of Nursing denied MR. KELLY's application for licensure based on a controlled substances and/or alcohol related action in another state. 3. On or about May 30,2007, MR. KELLY subinitted a biennial renewal application for his Ohio nursing license. On MR. KELLY's 2007 renewal application MR. KELLY falsely stated that he had not entered into an agreemeut of any kind, whether oral or written, with respect to a professional license in lieu of or in order to avoid formal discipliua~y action with any other Board. However, on or about August 2,2006, MR. KELLY entered into an agreement with the Texas Board regarding the application for licensure described in paragraph D l above. 4. On or about June 16,2009 MR. KELLY submitted an on-line biennial renewal application regarding his Ohio nursing license. MR. KELLY falsely stated that he had not been denied professioual licensure or relicensure in any other state. I-Iowever, as noted in paragraph D2 above, the Nevada Board denied MR. KELLY's application for licensure in that state. MR. KELLY has subsequently been licensed as a registered nurse in the State of Nevada.
STEPHEN MICHAEL KELLY, R.N. Page 3 5. M R . KELLY is employed by a call center based in the State of California that provides nursing advice throughout the country. MR. KELLY states that he was admitted to a drug diversion program in 2004, which he successfully completed in 2007. MR. KELLY submitted to random drug screens from 2004 until 2007, all of which were negative. MR. I<ELLY has not used any drugs or alcohol since 2004. MR. KELLY has complied with all of the terms and conditions imposed on his license in the State of Texas. MR. KELLY attends AA or other 12 step program meeting four to seven times each week. MR. KELLY is willing to cooperate with the Board in order to maintain his license to practice nursing in the State of Ohio. AGREED CONDITIONS Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MR. KELLY knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: MR. KELLY's license to practice nursing as a registered nurse shall be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of two (2) years: 1. MR. KELLY shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MR. KELLY shall appear in person or by video for interviews before the full Board or its designated representative as requested by the Board or its designee.
2. 3.
MR. KELLY agrees that he will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MR. KELLY, including a check of Federal Bureau of Investigation (FBI) records, and shall request BC11 to submit MR. KELLY's criminal records check reports to the Board. MR. KELLY's completed criminal records check, including the FBI check, must be received by the Board within six (6) months following the effective date of the Consent Agreement.
Fines 4. MR. KELLY is hereby fined five hundred dollars ($500.00) for each application he submitted to the Board that contained false information. BY JANUARY 1, 2012, MR. KELLY shall pay the fine of one thousand dollars ($1,000.00) by certified check, cashier check, or money order, made payable to the "Treasurer, State of Ohio," to the Board. Payment shall be mailed to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
Monitoring
5.
MR. KELLY shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to him by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MR. KELLY. MR. KELLY shall self-administer the prescribed drugs only in the manner prescribed. MR. KELLY shall abstain completely from the use of alcohol or products containing alcohol. Within forty-five (45) days of the effective date of this Consent Agreement and continuing for a minimum, continuous period of six (6) months, MR. KELLY shall submit, at his expense and on the day selected, blood, breath, hair, or urine specimens for drug andor alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MR. KELLY'S initiation of dmg screening, refusal to submit such specimen, or failure to submit such specimen on the day he is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MR. KELLY shall be negative, except for substances prescribed, administered, or dispensed to hiin by another by so authori7~d law who has received a complete copy of this Consent Agreement prior to prescribing for MR. KELLY.
a. Prior to MR. KELLY initiating drug screening, MR. KELLY shall provide a copy of this Consent Agreement to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MR. ICELLY. b. After initiating drug screening, MR. KELLY shall be under a continuing duty to provide a copy of this Consent Agreement, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. Further, MR. KELLY shall notify the Board of any and all medication(s) or prescription(s) received within twenty-four (24) hours of release from hospitalization or medical treatment.
6. 7.
8.
Upon request of the Board or its designee and within sixty (60) days of that request, MR. KELLY shall, at his expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete doculnentation of this evaluation. Prior to the evaluation, MR. KELLY shall provide the chemical dependency professional with a copy of this Consent Agreement and
assessments, evaluations, and treatment records from the previous two years, if any. Further, MR. KELLY shall execute releases to pennit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MR. KELLY'S license to practice, and stating whether MR. KELLY is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
9.
If a chemical dependency evaluation is requested, MR. KELLY shall provide the

Board with satisfactory documentation of compliance with all aspects of the treatment plan developed by the chemical dependency professional described above until released. Further, MR. KELLY agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MR. KELLY'S license and that the terms, conditions, and li~nitations may be incorporated in an addendum to this Consent Agreement.
10.
MR. KELLY shall notify the Board, in writing, of the name and address of any current employer within thirty (30) days following the effective date of this Consent Agreement, or any new employer prior to accepting nursing employment.
11.
MR. KELLY, within fifteen (15) day of the effective date of the Consent Agreement, if working in a position in which a nursing license is required, shall provide his employer(s) with a copy of this Consent Agreement. Further, MR. KELLY is under a continuing duty to provide a copy of this Consent Agreement to any new employer prior to accepting nursing employment. MR. KELLY shall have his employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning within thirty (30) days of the effective date of this Consent Agreement or beginning within thirty (30) days of working in a nursing position. MR. KELLY shall have his employer(s) send documentation to the Board, along with the first ernployer report, of receipt of a copy of this Consent Agreement, including the date Consent Agreement was received.
Reporting Requirements
12.
MR. KELLY shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MR. KELLY shall sign release of information forms allowing health professionals and other organizations to submit the requested documentation directly to the Board.
13.
14.
MR. KELLY shall submit any and all information that the Board may request regarding his ability to practice according to acceptable and prevailing standards of safe nursing practice. MR. KELLY shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documelltation lo the Board or to employers or potential employers. MR. KELLY shall submit the reports and documentation required by this Consent Agreeinent on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board. MR. KELLY shall submit the reports and documentation required by this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. MR. KELLY shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MR. KELLY shall inform the Board within fourteen (14) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
15.
16.
17.
18.
19.
Permanent Practice Restrictions MR. KELLY further knowingly and voluntarily agrees with the Board to the following PERMANENT LICENSURE RESTRICTIONS: Unless otherwise approved in advance, in writing, by the Board or its designee, MR. KELLY shall not practice nursing as a registered nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MR. KELLY to provide nursing services for fees, con~pensation,or other consideration or who engage MR. KELLY as a volunteer. Unless otherwise approved in advance, in writing, by the Board or its designee, MR. KELLY shall not function in a position or employmei~twhere the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President oCNursing.
FAILURE TO COMPLY MR. KELLY agrees that his license to practice nursing as a registered nurse will be automatically suspended if it appears to the Board that MR. KELLY has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MR. KELLY via certified mail of the specific nature of the charges and automatic suspension of his license. MR. KELLY may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MR. KELLY appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.
The terms, limitations, and conditions of this Consent Agreement, other than the permanent licensure restriction(s), may be modified or terminated, in writing, at any time upon the agreement of both MR. KELLY and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (I) the Board determines that MR. KELLY has complied with all aspects of this Consent Agreement; and (2) the Board determines that MR. KELLY is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MR. KELLY and review of the reports as required herein. Any period during which MR. KELLY does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
ACKNOWLEDGMENTS/LIABILITYRELEASE
MR. KELLY acknowledges that he has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MR. KELLY waives all of his rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement. MR. KELLY waives any and all claims or causes of action he may have against the Board, and its members, officers, employees andlor agents arising out of matters, which are the subject of this Consent Agreement.
This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies.
STEPHEN MICHAEL KELLY. R.N Page 8
This Consent Agreement is not an adjudication order as discussed in Chapter 119, ORC. Any action initiated by the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC.
EFFECTIVE D
MR. KELLY understands that this Consent Agreement is subject to ratification by the Board prior to signature by the Board President and shall become effective upon the last date of signature below.
/.++q5,
STEPHEN MICHAEL KEL~Y$N.
DATE
BERTHA LOVELACE. President Ohio Board of Nursing
DATE
Case #lo-0978 and #lo-0979

17 Sontli High Sti-ect. S~iite 400
L~~~vLv.n~lrsir,g,~~i~l,gov
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t 614) 466-3937
November 19,2010
NOTICE OF OPPORTUNITY FOR WEARING

Stephen Michael Kelly, R.N 1713 W Ash Fullerton, C A 92833 Dear Mr. Kelly: In accordance with Chapter 119 Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons:
I.
O n or about August 2, 2006, you entered into an Eligibility Agreed Order (Texas Agreed Order) with the Board of Nurse Examiners for the State of Texas. A copy o f t h e Texas Agreed Order is attached hereto and incorporated herein. On or about November 7, 2007, the Nevada State Board of Nursing (Nevada Board) denied your application for licensure in that state, and o n November 14, 2007, the Nevada Board issued a letter informing you of said denial. A copy of a November 14, 2007 letter is attached hereto and incorporated herein.
2.
Section 4723.28(B)(l), ORC, authorizes the Board to discipline a licensee for the denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction.
3.
On or about May 30, 2007, you submitted a biennial renewal application (2007 renewal application) in regard to your Ohio nursing license. O n your 2007 renewal application, you answered "No" to the questions asking, "Have you entered into an agreement of any kind, whether oral or written, with respect to a professional license in lieu of or in order to avoid formal disciplinary action, with any other board, bureau, department. agency, or other body including those in Ohio o t h e r t h a n this Board?" and "Has any board, bureau, department, agency or other body, including those in Ohio o t h e r than this board, in any way limited, restricted, suspended, or revoked a professional license, certificate or registration granted you; placed you on probation; or imposed a fine, censure, or reprimand against you? Have you voluntarily surrendered, resigned, or otherwise forfeited a
Stephen Michael Kelly, R.N. Page 2 professional license, certificate or registration?'Under the Verification portion of the 2007 renewal application, you affixed your signature, thereby affirming that all of the information reported on your 2007 renewal application was true and accurate. However, on or about August 2, 2006, you entered into the Texas Agreed Order referenced in Paragraph 1 above. In addition, per Item 5 under Findings of Fact of the Texas Agreed Order, on or about June 13, 2005, less than one month after you signed and submitted your 2005 Application for Licensure by Endorsement to Practice Nursing in Ohio, you signed a contract with the California Board of Registered Nursing Diversion Program. Section 4723.28(A) ORC, authorizes the Board to revoke the license or refuse to grant a license to a person who has been found by the Board to have committed fraud, misrepresentation, or deception in applying for or securing any license issued by the Board. Section 4723,28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P), Ohio Administrative Code (OAC), as in effect in 2006, states that a licensed nurse shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the board, to current employers, or to any future employers for positions requiring a nursing license. 4. O n or a b o ~ i June 16,2009, you submitted an on-line biennial renewal application t (2009 renewal application) in regard to your Ohio nursing license. On your 2009 renewal application, you answered "No" to the question asking, "Have you been denied professional licensure or re-licensure, certification, or registration, or the privilege of taking an examination, in any state (including Ohio), territory, province or country?' Prior to submitting your 2009 on-line renewal application, you executed language indicating that you swore or affirmed that the information you provided in the 2009 renewal application is complete and correct. However, as noted in Paragraph 2 above, on or about November 7 , 2007, the Nevada Board denied your application for licensure in that state. Section 4723.28(A) ORC, authorizes the Board to revoke the license or refuse to grant a license to a person who has been found by the Board to have committed fraud, misrepresentation, or deception in applying for or securing any license issued by the Board. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(l), O A C , states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board or any representative of the board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC.
Stephen Michael Kelly, R.N Page 3 In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing on this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing this notice. You are hereby further informed that if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present you position, argument, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail o r deliver the request, in addition to any other correspondence regarding this matter to: Lisa Ferguson-Ramos, Compliance Unit Manager, 17 South Nigh Street, Suite 400, Columbus, OH 43215-7410, or to the ernail
address, hearine@nursirne.ohio.gov.
If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in the Notice of Opportunity for Hearing, to deny, permanently revoke, revoke, sirspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation.
Sincerely,
Anne Barnett, RN, BSN, CWS Supervising Board Member
cc:
Melissa L. Wilburn, Assistant Attorney General
BEF.ORE THE BOARD OF NURSE EXAMINERS FOR THE STATE OF TEXAS

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In the Matter of STEPHEN MICHAEL KELLY APPLICANT for Eligibility for Licensure
ELIGIBILITY AGREED ORDER
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On the date entered below, the Board of Nurse Examiners for the Stale of Texas, Application and hereinafter referred to as the Board, considered the Temporary LicenseIEndorserne~i~ supporting documents filed by STEPHEN MICHAEL KELLY, hereinafter refeved to as APPLICANT, together with any documents and information gathered by staff and APPLICANT'S ~ e r t i i c a t econtained herein. Information received by the Board produced evidence !hat
APPLICANT may have violated Section 301.452(b)(9), Texas Occupations Code. A public meeting was held on May 9, 2006, by the Eligibility and Disciplinary Committee oftlie Board ofNurse Examiners (Board), at 333 Guadalupe, Tower 3, Suite 460, Austin, Texas, in which the applicant of STEPHEN MICHAEL KELLY, APPLICANT. was coilsidered. APPLICANT wasnot in attendance, but agreed to have his case heard in his absence. APPLICANT was notified of his right to be represented by legal counsel ancl elected to waive representation by counsel. Board Members in attendance were: Deborah Bell, CLU, CIiFC; Richard Gibbs, LVN; and Brenda Jackson, PhD, RN. Staffpresent were: Katherine A. TI.ioiiias, MN, RN, Euecuiii: ~irectori Jaines W. Jolulston, General Counsel; Victoria Cox, Assistant General Counsel; Anthony L. Diggs, Director, Enforcement Division; and Angela Bradford, Legal Assistant.
FINDINGS OF FACT
1.
On or about June 21, 2005, Applicant submitted a Temporary LicenselEndorsenle11l Application requesting a determination of eligibility for iicensure i n co~npliance1vitI1 301.260 ei seq., Texas occupations Code. Applicant waived representation, notice, administrative hearing, and judicial review. Applicant graduated with an Associale Degree in Nursing from Rancho Santiago Collegc, Santa Ana, Califomia, in June 1991. Applicant completed the Application for Licensure by Examination and answered "yes" lo Question Number Sixteen (1 6), which reads as follows: "Wirhin thepusr./ive (5ij.eors 1rrib.e you been addicted to and/or treatedfor the use ofalcohol or any orher ifrug?" On June 7, 2004, Applicant enrolled in treatment at Cornerstoile of Southern Califomia, Tustin, California, for inpatient treatment. After successful completion of a thirty (30) day program he transitioned into a sixty (60) day moniiored resident~alprogram, wh~chhe successfilly completed on September 5,2004. Afler completion o f the residential program, 011 Applicant enrolled in a continuing care program, that he was still attend~ng August 8, 2005.
0 1June 1
2.
3.
4.
5.
6.
13, 2005, Applicant signed a contract with the State of California Board o l Registered Nursing Diversion Program.
7.
The Board received letters of support/recommendation for Applicant from the followiiig: A letter of reference dated January 21, 2005, was submitted to the Board on behalf of Applicant by Kathy Williams, RN, Triage Lead Manage, Call Center Services, Santa Ana, Califomia. Aletter ofreferencedated November 21,2005, was submitted to the Board on belialf of Applicant by Kathryn O'Donoghue, RN. A letter ofreference datedNovelnber25,2005, was submitted to tlieBoard on behali of Applicant by Derek Miyasaki, RN. Aletter OfreferencedatedNovember 25,2005, wassubmitted to tlie Board on behalf of Applicant by Karen Ritterman. A letter of reference dated December 1,2005, was submitted to the Board on behair ofApplicant by Kathy Williams, RN, BSN, PHN, Clinical Manager Nurse Advice, Molina Clinical Telephone Services, Long Beach, CaIifoii?ia. A letter ofreference was submitted to the Board 011beha1fo:Applicanr by Lalira P. Segotta, RN, Long Beach, Califoiuia.
The safety of patients and the public requires that all persons licensed to practice !nursing be tit, sober, and able to consistently practicenursing in autonomous roles underdeniandiiig and stressful conditions. TheBoard considered evidenceofApplicant's substance abuse and subsequent rehabilitatioii as provided in 5213.29, 22 Texas Administrative Code. has The Committee's review ofthe grounds for potential inellgibil~ty been made011the basis of the information provided by Applicant. Applicant has sworn that, wit11 the exception of matters disclosed i i i connectio~iwitli the Temporary License/Endorsement Application, his past behavior conforms to [lie Board's professional character requirements. Applicant presented no evidence of behavior which is inconsistent with the Board's character requirements in 22 Texas Administrative Code 5213.27. Applicant has been advised that any information found to be incomplete, incorrect, or misleading will be considered and may result in an ultimate determination of ineligibility or the later revocation of a license obtained through misrepresentation. On May 9, 2006, the Eligibility and Disciplinary Committee of the Board considered evidence of Applicant's past behavior in light of the character factors set out in 22 Texas Administrative Code 5213.27 and determined that Appiicant ciin-entiy demonstrates the criteria required for good professional character.
CONCLUSIONS OF LAW TheBoard ofNurse Examiners hasjurisdiction over this matter pursuant to Section 301.453 el seq., Texas Occupations Code. Applicant has submitted an application in compliance with Section 301.260 c1 seq., Texas Occupations Code. Applicant shall immediately notify the Board of any fact or event that could constiiuie a ground of ineligibility for licensure under Section 301.452 et seq ., Texas Occupations Code. The Board of Nurse Examiners may license an individual who has a history oisiibstance abuse, after consideration of the criteria set out in 22 Texas Administi-ative Code 4213 20, the Board determines the Applicant does not currently pose a direct threat to the health and safety of patients or the public.
Sicpl~ro Kcliy 063
5.
The Board may license an individual with prior behaviors inconsistcnl wiih h e Board's character requirements if, upon evaluation of the factors in 22 Texas Administrative Code 5213.27, the Board is satisfied that the individual is able to consistently conform his conduct to the requirements of the Nursing Practice Act, the Board's Rules and Regulations, and generally accepted standards of nursing practice.
ORDER ITIS THEREFORE AGREED that the application ofSTEPHEN M ICHAEI. KELI-'I,. APPLICANT, is hereby conditionally GRANTED and shall be subject to conditions. ( I ) APPLICANT sliall obtain and read theTexas Nursing Practice Act. and the R~iles and Regulations Relating to Professional Nurse Education, Licensure and Practice.
(2) IT IS FURTHER ORDERED that APPLICANT SHALL comply i n all respects
with theNursingPiactice Act, Revised Civil Statutes ofTexas as amended, Texas Occupatioiis Cod? 301.001 et seq., the Rules and Regulations Relating to Professional Nurse Education, Licensure and Practice, 22 TEX. ADMIN. CODE 521 1.01 ei seq., and this Order. IT IS FURTHER AGREED and ORDERED that this Order SHALL be applicable
in to APPLICANT'S multistate licensure privilege, if any, to practice professional niirsii~g tlie State
ofTexas. IT IS FURTHER AGREED and ORDERED that while APPLICANT'S Iicensr is encumbered by this Order the APPLICANT may not work outside the State ofTexas pursuant io a multistate licensure privilege without the written permission of the State of Texas and the Board of Nursing in the party state where APPLICANT wishes to worlc.
(3) APPLICANT SHALL filly comply with all the terms and conditions of tlie
Contract signed with the State of Califoi~lia Board of Registel-ed Nursing Diversion Prograin sixlied by the APPLICANT on June 13, 2005. APPLICANT SHALL CAUSE the Califoiilia Diversion
Slcpl,ci~K c l l y 06.3
Page 5 o r 8
S4il.'Mar- 9. ?Olio
Program to submit quarterly reports, on forms provided by the Texas Board, tliat he is in compliaiice with the contract, and APPLICANT SHALL cause the California Diversion Program to subinii written verificatioil of Applicant's successful completion of the contract. Evidence ol
compliance/co~pletion with the terms of the contract will be accepted as evidence of compliance/completion of the terns of this Order issued by the Board of ~ u r s Examiners for tile e State of Texas. IT IS FURTHER AGREED and ORDERED that this Order SHALL be applicable to Applicant's inultistate licensure privileges, if any, to practice professional nursing in the Staic of Texas. IT IS FURTHER AGREED, that upon full compliaiice wirli the tenns of tliis Order, APPLICANT SHALL be issued an unencumbered license and privileges, if any, to practice professional nursing in the Slate of Texas. ~nultistate iicensure
BALANCE OF PAGE INTENTIONALLY LEFT BLANK. CONTINUED ON NEXT PAGE.
APPLICANT'S CERTIFICATION I am the Applicant in this matter. I have fully and trutlifully disclosed all relevaill information in conformity with Rule 213.29 at Texas Adininistrative Code. I certify that lily past behavior, except as disclosed in my Temporay LicenseEndorsement Application, has been in conformity with the Board's professional character rule. I have provided the Board with coniplete and accurate documentation of my past behavior in violation of the penal law of any jurisdiclion which was disposed of through any procedure short of conviction, such as: conditional disciiasyc. deferred adjudication or dismissal. I have no criminal prosecuiion pending i i i aiiy jurisdiction,
In connection with my application, I acknowledge that 1 have read and 1 understand Section 301.257, Texas Occupations Code, Section 301.452 (a),@) and (c), Texas Occupations Code, and Chapter 53, Section 53.001 et seq., T e x a Occupations Code, a i d Board Rules 213.27, 213.28, and 21 3.29 at 22 Texas Administrative Code, which are incorporated by reference as a par1 of this Order. I agree with all t e ~ m s this Order, including the Findings of Fact and Col-iclusions of of Law and any stipulations set out in this Order. I agree to inform the Board of any other fact or event that could constitute a ground for deniaI of licensureprior to accepting any pennil 01-liceiise from the Board of Nurse Examiners.
Iunderstand that if I fail to comply with all terns and conditions of this Order, I will be subject to investigation and disciplinay sanction, including revocation of my license to practice professional nursing in the State of Texas, as a consequence of my noncompliance.
I understand that I can be represenied by an attorney i n this inlatter. 1 \vai\,e representation, notice, administrative hearing, andjudicial review of this Order and request ilia! rile Executive Director ofthe Board of Nurse Examiners enter this Order.
Signed this day of
A ~6 -6
,- 2.~0 L
74.7 , STEPHE~~ICHAEL KELLY,

Sworn to and subscribed before me this - of day SEAL
* L
LG-y
,-
Notary Public in and for the State of
State of California
CounGof Angeles LOS

Subscribed and sworn to (or affirmed) before me on this
day of
&u5f
,20_1110_,
by s&=&.om. personally known to me or proved to me on the basis of satisfactoy evidence to be the person(s) who appeared before me.
(seal)
Signature
r'hJk
November 14,2007
Stephen Kelly 1713 W Ash Fullerton, Ca 92833 Dear Stephen Kelly: The Nevada State Board of Nursing at its November 7,2007 meeting moved to deny your application based on the violation of NRS 632.320 (5) conh-oiled substances and/or alcohol and (12) action in an~ther state. You must immediately cease and desist &om practicing as a Registered Nurse. If you have been issued a temporary license to practice, it is now invalid, and you are directed to mturn it to this office upon receipt of this letter. The denial of your appIication will become part of your permanent record and be published with the list of actions tbe Board has taken. The Board may report any such action it takes to any national repository that records action taken against licensees or holders of certificates or any agency of another state that regulates the practice of nursing. Ifyou have any questions, please do not hesitate to contact this office in writing or by telephone, at 888-590-6726 exf. 77727 for me, or ext. 77741 for Cyndie. Sincerely, Nevada State Board of Nursing
Marilyn Schmit Application Coordinator MS: cms
501 1 Meadowoad Hail Way, Suite 300, Reno, NV 89502-6517 (fax) 775-688-2628 2500 W. Sahara Ave., Suite 207, Lar Vems, NV 89102.4392 (fax) 7 0 2 4 8 6 - 5 8 0 3 iw.nurrinehard.~uie.nv.us * 888-5906726 nvningboard@nrbn.stare.nv.ur

IN THE MATTER OF: DIANA SUE KNOTT, R.N. CASE NOS. 08-1665; 10-2045; 10-2519
ORDER
By certified mail letter, dated October 25, 2010, DIANA SUE KNOTT, R.N., was ordered to submit to an examination pursuant to Section 4723.28(G), Ohio Revised Code (ORC). On January 20, 2012, the Board found that MS. KNOTT admitted to the allegations set forth in the October 25, 2010, examination order because MS. KNOTT failed to submit to the examination and the failure was not due to circumstances beyond her control. Accordingly, on January 20, 2012, the Board issued a Default Order suspending MS. KNOTTs license to practice nursing as a registered nurse for an indefinite period of time with conditions for reinstatement. The January 20, 2012 Default Order also informed MS. KNOTT that she was entitled to a hearing in the matter if the hearing was requested within thirty days of the mailing of the Default Order. A true copy of the January 20, 2012 Default Order is attached hereto and incorporated herein. In accordance with Section 119.07, ORC, the January 20, 2012 Default Order was sent via certified mail, return receipt requested, to the address of record of MS. KNOTT in Wooster, Ohio. This mailing was returned to the Board marked not deliverable as addressed. The Board published notice of the January 20, 2012 Default Order in The Daily Record for three consecutive weeks, with the last date of publication March 13, 2012. MS. KNOTT has not requested a hearing. Upon consideration of the allegations contained in the October 25, 2010, examination order and the findings contained in the January 20, 2012 Default Order, the Board finds that MS. KNOTT has committed acts in violation of the Nurse Practice Act, as set forth in the January 20, 2012 Default Order, and the Board orders that MS. KNOTTs license to practice nursing as a registered nurse in the State of Ohio is hereby suspended, as of January 20, 2012, with conditions for reinstatement set forth in the January 20, 2012 Default Order. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.

CERTIFICATION
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director ____May 18, 2012____________________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, DIANA SUE KNOTT, R.N., was sent via certified mail, return receipt requested, this 21st day of May, 2012 to DIANA SUE KNOTT, R.N., 752 Spink Street, Wooster, Ohio 44691, and 240 N. Millborne Road, Apt. 24-A, Orville, Ohio 44667. I also certify that a copy of the same was sent via regular U.S. mail this 21st day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020. ______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director
Certified Mail Receipt No. 7011 2970 0003 1733 4828 Second Address Certified Mail Receipt No. 7011 2970 0003 1733 4835

17 South High Street. Sucte 400
~vww.~~~~ssi~~g,ohio,gov
(614) 466-3947
Colurnbu5. Ohio 43215-7410

IN THE MATTER OF: DIANA SUE KNOTT, R.N.
DEFAULT ORDER
By certified mail letter, dated October 25, 2010, DIANA SUE KNOTT, R.N. was ordered to submit to an examination pursuant to Section 4723.28(G) ORC. The Examination Order was mailed to MS. KNOTT's address of record by certified mail. The Examination Order was signed as received at MS. KNOTT's address of record.
MS. KNOTT has failed to submit to an examination and the Board has not received information that the failure to submit to an examination was due to circumstances beyond her control.
In accordance with Section 4723.28(G) ORC, the failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individual's control and a default and final order may be entered without the taking of testimony or presentation of evidence. The Board finds that MS. KNOTT has failed to submit to an examination when directed, and that the failure was not due to circumstances beyond her control. Section 4723.28(8)(16) provides that the Board can suspend or place restrictions on a license for violation of Chapter 4723 or any rules adopted under that chapter. In accordance with Section 4723.28(8)(16) and Section 4723,28(G) ORC, the Ohio Board of Nursing finds that that MS. KNOTT has admitted the truth of the allegations set forth in the October 25,2010 Examination Order issued to MS. KNOTT and that MS. KNOTT is impaired. The Board ORDERS that MS. KNOTT's license to practice nursing as a registered nurse in the State of Ohio is hereby suspended for an indefinite period of time with conditions for reinstatement set forth below:

1 . MS. KNOTT shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio.
2. MS. KNOTT shall appear in person for interviews before the full Board or its designated representative as requested by the Board and prior to reinstatement.
3. Prior to requesting reinstatement by the Board, MS. KNOTT shall submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. KNOTT, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. KNOTT's criminal records check reports to the Board. A request for reinstatement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board.
4. MS. KNOTT shall, at her own expense, submit to a chemical dependency examination, specifically addressing her ability to function in a clinical nursing capacity, by Dr. Richard Whitney, Shepherd Hill Addiction Services, 200 Messimer Drive, Newark, Ohio 43055. Prior to the evaluation, MS. KNOTT shall provide the Examiner with a copy of this Order and the October 25, 2010 Examination Order, and shall execute releases to permit the Examiner to obtain any information deemed appropriate and necessary for the evaluation. The Examiner shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any restrictions that should be placed on MS. KNOTT's practice. The Examiner shall provide an opinion to the Board regarding whether MS. KNOTT is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
5. MS. KNOTT shall enter into a Consent Agreement with the Board for probationary
terms, conditions, limitations, and restrictions determined by the Board for a minimum period of time determined by the Board. The probationary terms, conditions, limitations, and restrictions determined by the Board shall include, but not be limited to, completion or continuation of chemical dependency, psychiatric or other mental health treatment recommended and/or restrictions specified by the Examiner, as set forth in paragraph 4., above. If the Board and MS. KNOTT are nnable to agree to terms, conditions, limitations, and restrictions in a Consent Agreement, the terms, conditions, limitations, and restrictions shall be determined after a hearing is held. Reporting Requirements of Licensee 6. MS. KNOTT shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board.
7. MS. KNOTT shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice.
8. MS. KNOTT shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. 9. MS. KNOTT shall submit the reports and documentation required by this Order on forms specified by the Board. All reporting and communications required by this Order shall be made to the Monitoring Unit of the Board. 10. MS. KNOTT shall submit the reports and documentation required by this Order to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
11. MS. KNOTT shall verify that the reports and documentation required by this Order are received in the Board office. 12. MS. KNOTT shall inform the Board within three (3) business days, in writing, of any change in address andlor telephone number.
In accordance with Chapter 119, ORC, MS. KNOTT is hereby informed that MS. KNOTT is entitled to a hearing on this matter. If MS. KNOTT wishes to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice.
MS. KNOTT is hereby further informed that, if MS. KNOTT timely requests a hearing, MS. KNOTT is entitled to appear at such hearing in person, by MS. KNOTT's attorney, or by such other representative as is permitted to practice before the Board, or MS. KNOTT may present MS. KNOTT's position, arguments, or contentions in writing. A t the hearing MS. KNOTT may also present evidence and examine witnesses appearing for and against MS. KNOTT.
Should MS. KNOTT choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 20th day of January, 2012.
CERTIFICATION
I, the undersigned Betsy J . Houchen, Executive Director for the Ohio Board of Nursing, hereby
certify that the foregoing is a true and exact reproduction of the original Order of the Ohio Board of Nursing entered on its journal, on the 20th day of January, 2012.
Executive Director January 20.2012 Date
I hereby certify that a true and accurate copy of the foregoing Order, DIANA SUE KNOTT,
R.N, was sent via certified mail, return receipt requested, this 23rd day of January, 2012 to DIANA SUE KNOTT, at 725 Spink Street, Wooster, Ohio 44691.
I also certify that a copy of the same was sent via regular U.S. mail this 23rd day of January, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Hnman Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-8 1020.
/getsy J , ~ o d k e n , R . N . , M . S .J.D. , Executive Director
hlf cc: Michelle T . Sutter, Assistant Attorney General
Case #11-002150
May 18, 2012

Julie Annette Krieger, R.N. 2450 N. Billman Road Genoa, Ohio 43430 Dear Ms. Krieger: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about September 26, 2011, in Wood County Court of Common Pleas Case Number 11CR270, you pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1), ORC, and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1), ORC, constitutes a felony drug abuse offense as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-227934, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC.
Julie Annette Krieger, R.N. Page 2 You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about September 26, 2011, in Wood County Court of Common Pleas Case Number 11CR270, you pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or between December 10, 2010, and May 17, 2011, and involve you obtaining Levaquin without the consent of the Manor of Perrysburg or person authorized to give consent. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov.
Julie Annette Krieger, R.N. Page 3 If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,

IN THE MATTER OF: SUZANNE KIM KRIVACIC, R.N. CASE NO. 10-2472
ORDER
By certified mail letter, dated November 4, 2011, SUZANNE KIM KRIVACIC, R.N., was ordered to submit to an examination pursuant to Section 4723.28(G), Ohio Revised Code (ORC). On March 16, 2012, the Board found that MS. KRIVACIC admitted to the allegations set forth in the November 4, 2011, examination order because MS. KRIVACIC failed to submit to the examination and the failure was not due to circumstances beyond her control. Accordingly, on March 16, 2012, the Board issued a Default Order suspending MS. KRIVACICs license to practice nursing as a registered nurse for an indefinite period of time with conditions for reinstatement. The March 16, 2012 Default Order also informed MS. KRIVACIC that she was entitled to a hearing in the matter if the hearing was requested within thirty days of the mailing of the Default Order. A true copy of the March 16, 2012 Default Order is attached hereto and incorporated herein. In accordance with Section 119.07, ORC, the March 16, 2012 Default Order was sent via certified mail, return receipt requested, to the address of record of MS. KRIVACIC in Lehigh Acres, Florida. This mailing was received by MS. KRIVACIC. MS. KRIVACIC has not requested a hearing. Upon consideration of the allegations contained in the November 4, 2011, examination order and the findings contained in the March 16, 2012 Default Order, the Board finds that MS. KRIVACIC has committed acts in violation of the Nurse Practice Act, as set forth in the March 16, 2012 Default Order, and the Board orders that MS. KRIVACICs license to practice nursing as a registered nurse in the State of Ohio is hereby suspended, as of March 16, 2012, with conditions for reinstatement set forth in the March 16, 2012 Default Order. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.

CERTIFICATION
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director ___May 18, 2012_____________________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, SUZANNE KIM KRIVACIC, R.N., was sent via certified mail, return receipt requested, this 21st day of May, 2012 to SUZANNE KIM KRIVACIC, R.N., 2428 Joe Avenue So, Lehigh Acres, Florida, 33973-6114. I also certify that a copy of the same was sent via regular U.S. mail this 21st day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020.

IN THE MATTER OF: SUZANNE KIM KRIVACIC, R.N. CASE NO. 10-2472
DEFAULT ORDER
By certified mail letter, dated November 4, 2011, SUZANNE KIM KRIVACIC, R.N. was ordered to submit to an examination pursuant to Section 4723.28(G) ORC. The Examination Order was mailed to MS. KRIVACICs address of record by certified mail. The Examination Order was delivered to MS. KRIVACICs address of record. MS. KRIVACIC has failed to submit to an examination and the Board has not received information that the failure to submit to an examination was due to circumstances beyond her control. In accordance with Section 4723.28(G) ORC, the failure of any individual to submit to a mental or physical examination when directed constitutes an admission of the allegations, unless the failure is due to circumstances beyond the individuals control and a default and final order may be entered without the taking of testimony or presentation of evidence. The Board finds that MS. KRIVACIC has failed to submit to an examination when directed, and that the failure was not due to circumstances beyond her control. Section 4723.28(B)(16) provides that the Board can suspend or place restrictions on a license for violation of Chapter 4723 or any rules adopted under that chapter. In accordance with Section 4723.28(B)(16) and Section 4723.28(G) ORC, the Ohio Board of Nursing finds that that MS. KRIVACIC has admitted the truth of the allegations set forth in the November 4, 2011 Examination Order issued to MS. KRIVACIC and that MS. KRIVACIC is impaired. The Board ORDERS that MS. KRIVACICs license to practice nursing as a registered nurse in the State of Ohio is hereby suspended for an indefinite period of time with conditions for reinstatement set forth below: CONDITIONS FOR REINSTATEMENT 1. MS. KRIVACIC shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. 2. MS. KRIVACIC shall appear in person for interviews before the full Board or its designated representative as requested by the Board and prior to reinstatement.
3. Prior to requesting reinstatement by the Board, MS. KRIVACIC shall submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. KRIVACIC, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. KRIVACICs criminal records check reports to the Board. A request for reinstatement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board. 4. MS. KRIVACIC shall, at her own expense, submit to a psychiatric examination, specifically addressing her ability to function in a clinical nursing capacity, by Dr. Richard Friedell, Comprehensive Psychiatric Services, Inc. (hereinafter Dr. Friedell), located at 24400 Highpoint Road, Suite 6, Beachwood, Ohio 44122, or another psychiatrist approved in advance by the Board or its designee. Prior to the evaluation, MS. KRIVACIC shall provide the Examiner with a copy of this Order and the November 4, 2011 Examination Order, and shall execute releases to permit the Examiner to obtain any information deemed appropriate and necessary for the evaluation. The Examiner shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any restrictions that should be placed on MS. KRIVACICs practice. The Examiner shall provide an opinion to the Board regarding whether MS. KRIVACIC is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. 5. MS. KRIVACIC shall enter into a Consent Agreement with the Board for probationary terms, conditions, limitations, and restrictions determined by the Board for a minimum period of time determined by the Board. The probationary terms, conditions, limitations, and restrictions determined by the Board shall include, but not be limited to, completion or continuation of psychiatric or other mental health treatment recommended and/or restrictions specified by the Examiner, as set forth in paragraph 4., above. If the Board and MS. KRIVACIC are unable to agree to terms, conditions, limitations, and restrictions in a Consent Agreement, the terms, conditions, limitations, and restrictions shall be determined after a hearing is held. Reporting Requirements of Licensee 6. MS. KRIVACIC shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board. 7. MS. KRIVACIC shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. 8. MS. KRIVACIC shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. 9. MS. KRIVACIC shall submit the reports and documentation required by this Order on forms specified by the Board. All reporting and communications required by this Order shall be made to the Monitoring Unit of the Board.
10. MS. KRIVACIC shall submit the reports and documentation required by this Order to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. 11. MS. KRIVACIC shall verify that the reports and documentation required by this Order are received in the Board office. 12. MS. KRIVACIC shall inform the Board within three (3) business days, in writing, of any change in address and/or telephone number. In accordance with Chapter 119, ORC, MS. KRIVACIC is hereby informed that MS. KRIVACIC is entitled to a hearing on this matter. If MS. KRIVACIC wishes to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. MS. KRIVACIC is hereby further informed that, if MS. KRIVACIC timely requests a hearing, MS. KRIVACIC is entitled to appear at such hearing in person, by MS. KRIVACICs attorney, or by such other representative as is permitted to practice before the Board, or MS. KRIVACIC may present MS. KRIVACICs position, arguments, or contentions in writing. At the hearing MS. KRIVACIC may also present evidence and examine witnesses appearing for and against MS. KRIVACIC. Should MS. KRIVACIC choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 16th day of March, 2012.
CERTIFICATION
I, the undersigned Betsy J. Houchen, Executive Director for the Ohio Board of Nursing, hereby certify that the foregoing is a true and exact reproduction of the original Order of the Ohio Board of Nursing entered on its journal, on the 16th day of March, 2012.
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director __March 16, 2012____________________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, SUZANNE KIM KRIVACIC, R.N, was sent via certified mail, return receipt requested, this 19th day of March, 2012 to SUZANNE KIM KRIVACIC, at 2428 Joe Ave. So., Lehigh Acres, Florida, 339736114. I also certify that a copy of the same was sent via regular U.S. mail this 19th day of March, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020. ______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director
hrf cc: Michelle T. Sutter, Assistant Attorney General
Case# 12-000676
May 18, 2012

Scott Kroeger, L.P.N. 4262 Foxhaven Apts. NW Canton, Ohio 44178 Dear Mr. Kroeger: You are hereby notified that, on or about July 29, 2011, you entered into a Consent Agreement (July 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for renewal, your license to practice nursing as a licensed practical nurse in the State of Ohio would be reinstated and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least three (3) years. Attached to and incorporated within the July 2011 Consent Agreement is a January 16, 2009 Consent Agreement (January 2009 Consent Agreement) and a March 14, 2008 Notice of Opportunity for Hearing (March 2008 Notice) with attached November 19, 2006 California Boards Default Decision and Order and July 27, 2006 California Boards Accusation No. 6922. A. Item 6. of the July 2011 Consent Agreement states, MR. KROEGER shall continue submitting, at his expense and on the day selected, blood, urine or hair specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day he is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MR. KROEGER shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law who has full knowledge of MR. KROEGERs history of chemical abuse and recovery status. Despite this provision, on the following dates, you failed to call FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis: August 7, 2011; September 11, 2011; December 18, 2011; December 30, 2011; January 28, 2012; February 24, 2012; and March 11, 2012.
Scott Kroeger, L.P.N. Page 2 B. Item 7. of the July 2011 Consent Agreement states, MR. KROEGER shall continue attending a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board, or a Twelve Step program, and MR. KROEGER shall provide satisfactory documentation of such attendance to the Board every six (6) months beginning September 1, 2011. Despite this provision, you have failed to submit to the Board satisfactory documentation of support or Twelve Step meeting attendance. C. Item 8. of the July 2011 Consent Agreement states, MR. KROEGER shall participate in continuing individual counseling at intervals deemed appropriate by Dr. Bhatt, or another psychiatrist, or a mental health treating professional(s) approved in advance by the Board or its designee until released. MR. KROEGER shall have the mental health treating professional(s) submit written reports regarding MR. KROEGERs progress, status, and compliance with his treatment plan to the Board on a quarterly basis beginning September 1, 2011. MR. KROEGER shall provide the mental health treating professional(s)with a copy of this Consent Agreement and the attached January 2009 Consent Agreement and the attached March 2008 Notice prior to August 19, 2011. MR. KROEGER shall inform the Board, in writing, within five (5) business days of discontinuing participation in individual counseling, and prior to said discontinuation, shall inform the Board, in writing, of the name(s) of another mental health treating professional(s) and intervals of treatment for approval by the Board or its designee. Despite this provision, you have failed to have your mental health treating professional submit to the Board a quarterly Mental Health Professional Report since September 2011. Furthermore, your mental health treating professional failed to indicate on your September 2011 Mental Health Professional Report whether he had received a copy of the July 2011 Consent Agreement. D. Item 11. of the July 2011 Consent Agreement states, Within sixty (60) days of the effective date of this Consent Agreement, MR. KROEGER shall provide a copy of this Consent Agreement, the attached January 2009 Consent Agreement, and the attached March 2008 Notice to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers. Further, MR. KROEGER shall be under a continuing duty to provide a copy of this Consent Agreement and the attachments, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. Item 12. of the July 2011 Consent Agreement states, MR. KROEGER shall cause all treating
Scott Kroeger, L.P.N. Page 3 practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MR. KROEGER throughout the duration of this Consent Agreement. Despite these provisions, as of April 23, 2012, you have failed to provide to the Board a list of all treating practitioners, including addresses and telephone numbers. Furthermore, on or about September 20, 2011, the Board received a Medical Report and Prescription Medication Report from Dr. Lang indicating that he had not received a copy of the July 2011 Consent Agreement. E. Item 23. of the July 2011 Consent Agreement, MR. KROEGER shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number. Despite this provision, you have failed to submit to the Board, in writing, an updated telephone number. Your Board Compliance Agent has been unable to reach you by telephone since December 2011. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the July 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 6., 7., 8., 11., 12. and 23 of the July 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-120732, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a licensed practical nurse without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about July 29, 2011, you entered into a Consent Agreement (July 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for renewal, your license to practice nursing as a licensed practical nurse in the State of Ohio would be reinstated
Scott Kroeger, L.P.N. Page 4 and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least three (3) years. Attached to and incorporated within the July 2011 Consent Agreement is a January 16, 2009 Consent Agreement (January 2009 Consent Agreement) and a March 14, 2008 Notice of Opportunity for Hearing (March 2008 Notice) with attached November 19, 2006 California Boards Default Decision and Order and July 27, 2006 California Boards Accusation No. 6922. 2. Item 6. of the July 2011 Consent Agreement states, MR. KROEGER shall continue submitting, at his expense and on the day selected, blood, urine or hair specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day he is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MR. KROEGER shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law who has full knowledge of MR. KROEGERs history of chemical abuse and recovery status. Despite this provision, on the following dates, you failed to call FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis: August 7, 2011; September 11, 2011; December 18, 2011; December 30, 2011; January 28, 2012; February 24, 2012; and March 11, 2012. 3. Item 7. of the July 2011 Consent Agreement states, MR. KROEGER shall continue attending a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board, or a Twelve Step program, and MR. KROEGER shall provide satisfactory documentation of such attendance to the Board every six (6) months beginning September 1, 2011. Despite this provision, you have failed to submit to the Board satisfactory documentation of support or Twelve Step meeting attendance. 4. Item 8. of the July 2011 Consent Agreement states, MR. KROEGER shall participate in continuing individual counseling at intervals deemed appropriate by Dr. Bhatt, or another psychiatrist, or a mental health treating professional(s) approved in advance by the Board or its designee until released. MR. KROEGER shall have the mental health treating professional(s) submit written reports regarding MR. KROEGERs progress, status, and compliance with his treatment plan to the Board on a quarterly basis beginning September 1, 2011. MR. KROEGER shall provide the
Scott Kroeger, L.P.N. Page 5 mental health treating professional(s)with a copy of this Consent Agreement and the attached January 2009 Consent Agreement and the attached March 2008 Notice prior to August 19, 2011. MR. KROEGER shall inform the Board, in writing, within five (5) business days of discontinuing participation in individual counseling, and prior to said discontinuation, shall inform the Board, in writing, of the name(s) of another mental health treating professional(s) and intervals of treatment for approval by the Board or its designee. Despite this provision, you have failed to have your mental health treating professional submit to the Board a quarterly Mental Health Professional Report since September 2011. Furthermore, your mental health treating professional failed to indicate on your September 2011 Mental Health Professional Report whether he had received a copy of the July 2011 Consent Agreement. 5. Item 11. of the July 2011 Consent Agreement states, Within sixty (60) days of the effective date of this Consent Agreement, MR. KROEGER shall provide a copy of this Consent Agreement, the attached January 2009 Consent Agreement, and the attached March 2008 Notice to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers. Further, MR. KROEGER shall be under a continuing duty to provide a copy of this Consent Agreement and the attachments, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. Item 12. of the July 2011 Consent Agreement states, MR. KROEGER shall cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MR. KROEGER throughout the duration of this Consent Agreement. Despite these provisions, as of April 23, 2012, you have failed to provide to the Board a list of all treating practitioners, including addresses and telephone numbers. Furthermore, on or about September 20, 2011, the Board received a Medical Report and Prescription Medication Report from Dr. Lang indicating that he had not received a copy of your July 2011 Consent Agreement. 6. Item 23. of the July 2011 Consent Agreement, MR. KROEGER shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
Scott Kroeger, L.P.N. Page 6 Despite this provision, you have failed to submit to the Board, in writing, an updated telephone number. Your Board Compliance Agent has been unable to reach you by telephone since December 2011. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #2011-001746

1 Soutl~ 7 High Street, S u ~ t e 400
~~~.n~r~ing.ohio,go
a
(614) 466-3947
REINSTATEMENT CONSENT AGREEMENT BETWEEN SCOTT KROEGER, L.P.N. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between SCOTT KROEGER, L.P.N. (MR. KROEGER) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. MR. KROEGER voluntarily enters into this Consent Agreement being fully informed of his rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. MR. KROGER admits to violating Section 4723.28, ORC, as set forth in his March 14, 2008 Notice of Opportunity for Hearing (March 2008 Notice) and his January 16, 2009 Consent Agreement (January 2009 Consent Agreement). MR. KROEGER was initially issued a license to practice nursing in Ohio as a licensed practical nurse, PN-1207832, in October 2005. MR. KROEGER placed his license on inactive status in September 2008. MR. KROEGER's January 2009 Consent Agreement resolved his March 2008 Notice and resulted in the indefinite suspension of his Ohio nursing license. Copies of the March 2008 Notice and the
B.
C.
Scott Kroeger, L.P.N. Page 2
January 2009 Consent Agreement are attached hereto and incorporated herein. D. Under the terms of his January 2009 Consent Agreement, MR. KROEGER is now eligible to request reinstatement of his license and has submitted such a request in writing. In March 2011, MR. KROEGER submitted documentation to the Board indicating that he completed the coursework for a nursing refresher course.
E.
F.
MR. KROEGER provided the Board with his April 2011 psychiatric evaluation that was performed by Sharad H. Bhatt, M.D. During the evaluation, MR. KROEGER was diagnosed with Major Depression, recurrent, currently euthymic and with Cocaine Abuse in Remission and with Phenergan Abuse in Remission. MR. KROEGER reported to Dr. Bhatt that while he was working as a nurse in California, MR. KROEGER diverted Phenergan and Fentanyl patches for self-administration. Dr. Bhatt opined that MR. KROEGER is stable and is no longer taking any antidepressant medication and recommended that MR. KROEGER return for follow up treatment within a three (3) month period. MR. KROEGER reported to the Board that he has maintained his sobriety since August 3 1,2008. AGREED CONDITIONS
G.
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MR. KROEGER knowingly and voluntarily agrees with the Board to the followii~gterms, conditions, and limitations: Upon meeting the requirements for renewal, MR. KROEGER's license to practice nursing as a licensed practical nurse shall be reinstated and suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of at least three (3)years:
1.
MR. KROEGER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MR. KROEGER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee.
2.
Scott Kroeger, L.Y.N. Page 3

3.
Within ninety (90) days prior to submitting a request for release from the probationary terms, conditions and limitations of this Consent Agreement, MR. KROEGER agrees that he will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MR. KROEGER, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MR. KROEGER's criminal records check reports to the Board. MR. KROEGER agrees that a request for release from the probationary terms of this Consent Agreement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board.
Monitoring of Rehabilitation and Treatment

4.
MR. KROEGER shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to him by another so authorized by law who has full knowledge of MR. KROEGER's history of chemical abuse and recovery status. MR. KROEGER shall self-administer prescribed drugs only in the manner prescribed. MR. KROEGER shall abstain completely from the use of alcohol. MR. KROEGER shall continue submitting, at his expense and on the day selected, blood, urine or hair specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day he is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MR. KROEGER shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law who has full knowledge of MR. KROEGER's history of chemical abuse and recovery status. MR. KROEGER shall continue attending a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board, or a Twelve Step program, and MR. KROEGER shall ~ r o v i d e satisfactorv documentation of such attendance to the Board every six (6) months beginning September 1, 2011.
8.
MR. KROEGER shall participate in continuing individual counseling at intervals deemed appropriate by Dr. Bhatt, or another psychiatrist, or a mental health treating professional(s) approved in advance by the Board or its designee until released. MR. KROEGER shall have the mental health treating professional(s) submit written reports regarding MR. KROEGER's progress, status, and compliance with his treatment plan to the Board on a quarterly basis beginning September 1,2011. MR. KROEGER shall provide the mental health treating professional(s)with a copy of this Consent Agreement and the attached January 2009 Consent Agreement and the attached March 2008 Notice prior to August 19,2011. MR. KROEGER shall inform the Board, in writing, within five (5) business days of discontinuing participation in individual counseling, and prior to said discontinuation, shall inform the Board, in writing, of the name(s) of another mental health treating professional(s) and intervals of treatment for approval by the Board or its designee.
If the Board or its designee requests a chemical dependency

evaluation andlor a psychiatric evaluation, MR. KROEGER shall, within ninety (90) days of such request(s), and at his expense, obtain the evaluation(s) and shall provide the Board with complete documentation of the evaluation(s) from professional(s) approved in advance by the Board. Prior to the evaluation(s), MR. KROEGER shall provide the professional(s) with a copy of this Consent Agreement, the attached January 2009 Consent Agreement, and the attached March 2008 Notice. MR. KROEGER shall execute releases to permit the professional(s) to obtain any information deemed appropriate and necessary for the evaluation(s). The evaluating professional(s) shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MR. KROEGER's license to practice, and statement(s) as to whether MR. KROEGER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. 10.
If evaluations a r e requested, MR. KROEGER shall provide the Board with satisfactory documentation of compliance with all aspects of the treatment plan@) developed by the professional(s) described above until released. Further, MR. KROEGER agrees that the Board may utilize the professional(s)'s recommendations and conclusions from the evaluation(s) as a basis for additional terms, conditions, and limitations on MR. KROEGER's license and that the terms, conditions, and limitations may be incorporated in an addendum to this Consent Agreement.
Treating Practitioners and Reporting

11.
Within sixty (60) days of the effective date of this Consent Agreement, MR. KROEGER shall provide a copy of this Consent Agreement, the attached January 2009 Consent Agreement, and the attached March 2008 Notice to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers. Further, MR. KROEGER shall be under a continuing duty to provide a copy of this Consent Agreement and the attachments, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. MR. KROEGER shall cause ail treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MR. KROEGER throughout the duration of this Consent Agreement.
Within twenty-four (24) hours of release from hospitalization or medical treatment, MR. KROEGER shall notify the Board of any and all medication(s) or prescription(s) received.
12.
13.
14.
Prior to accepting employment as a nurse, each time with every employer, MR. KROEGER shall notify the Board in writing. MR. KROEGER is under a continuing duty to provide a copy of this Consent Agreement, the attached January 2009 Consent Agreement, and the attached March 2008 Notice to any new employer prior to accepting employment as a nurse. MR. KROEGER shall have her employer(s) submit written reports regarding job performance on a quarterly basis beginning within thirty (30) days of accepting nursing employment. Further, MR. KROEGER shall have his employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement and the attachments, including the date they were received.
15.

16.
MR. KROEGER shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation.
17.
MR. KROEGER shall sign release of information forms allowing health professionais and other organizations to submit the requested documentation directly to the Board. MR. KROEGER shall submit any and all information that the Board may request regarding his ability to practice according to acceptable and prevailing standards of safe nursing practice. MR. KROEGER shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MR. KROEGER shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board. MR. KROEGER shall submit the reports and documentation required by this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. MR. KROEGER shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MR. KROEGER shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
18.
19.
20.
21.
22.
23.
Nursing Refresher Course or Orientation Upon request by the Board or its designee, MR. KROEGER shall, prior to working in a position where a nursing license is required, complete and submit satisfactory documentation of completion of a nursing refresher course or an extensive orientation approved in advance by the Board or its designee. Temaorarv Narcotic Restriction Unless otherwise approved in advance by the Board or its designee, MR. KROEGER shall not administer, have access to, or possess (except as prescribed for MR. KROEGER's use by another so authorized by law who has full knowledge of MR. KROEGER's history of chemical abuse and recovery status) any narcotics, other controlled substances, or mood altering drugs for a minimum of six (6) months in which MR. KROEGER is working in a position that requires a ~ ~ u r s i n g license. At any time after the six-month period previously described, MR. KROEGER may submit a written
Scott Kroeger, L.P.N. Page 7 request to the Board to have this restriction re-evaluated. In addition, MR. KROEGER shall not count narcotics or possess or carry any work keys for locked medication carts, cabinets, drawers, or containers.
Permanent Practice Restrictions MR. KROEGER further knowingly and voluntarily agrees with the Board to the following PERMANENT LICENSURE RESTRICTIONS: Unless otherwise approved in advance by the Board or its designee, MR. KROEGER shall not practice nursing as a licensed practical nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MR. KROEGER to provide nursing services for fees, compensation, or other consideration or as a volunteer. Unless otherwise approved in advance by the Board or its designee, MR. KROEGER shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, VicePresident of Nursing.
FAILURE TO COMPLY MR. KROEGER agrees that his license to practice nursing as a licensed practical nurse will be automatically suspended if it appears to the Board that MR. KROEGER has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MR. KROEGER via certified mail of the specific nature of the charges and automatic suspension of his license. Upon receipt of this notice, MR. KROEGER may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MR. KROEGER appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.
Scott Kroeger, L.P.N Page 8

The terms, limitations, and conditions, of this Consent Agreement, other than the permanent practice restrictions, may be modified or terminated, in writing, at any time upon the agreement of both MR. KROEGER and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (1) the Board determines that MR. KROEGER has complied with all aspects of this Consent Agreement; and ( 2 ) the Board determines that MR. KROEGER is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MR. KROEGER and review of the reports as required herein. Any period during which MR. KROEGER does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
ACKNOWLEDGMENTSILIABILI'lY RELEASE MR. KROEGER acknowledges that he has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MR. KROEGER waives all of his rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement. MR. KROEGER waives any and all claims or causes of action he may have against the Board, and its members, officers, employees andlor agents arising out of matters, which are the subject of this Consent Agreement.
The remainder of this page has been intentionally left blank.
Scott Kroeger, LPN. Page 9
MR. KIPOEGER understands that this Consent Agreetnent is subject to ratification by

the the Board prior lo signature by ihc Board President and slrall become. effective t~pon !-st date of signature below.
SCOTTI~KOEGER, L.P.N.
DATE
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CONSENT AGREEMENT BETWEEN SCOTT KROEGER, L.P.N. AND OHIO BOARD OF NURSING
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This Consent Agreement is entered into by and between SCOTT KROEGER, KROEGER) and the Ohio Board of Nursing (Board), the state agency charged with ek3orcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules pronlulgated thereunder. MR. KROEGER voluntarily enters into this Consent Agreement being fully informed of his rights under Chapter 119, ORC, includins the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein.
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This Consent Agreement contains the entire agreement between the parties. there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consenr Agreenlent. BASIS FOR ACTION This Cctnsent Agreemen! is entered into on the basis of the follo\\~ing s~ipulations, admissions and understandings:
A.
The Boal-d is empowered by Section 4723.28, ORC, to deny, perinanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dolla-s ($500.00) or less per violation. Section 4723.28(B)(l), ORC, authorizes the Board to discipline a licensee for denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction. MR. KROEGER's license to practice nursing as a licensed practical nurse in the State of Ohio, PN-120732. was initially issued October 21. 2005. MR. KROEGER's license is lapsed for non-renewal. On March 14, 2008, the Board issued a Notice of Opportunity for Hearing against MR. KROEGER's license (March 2008 Notice). A copy of the March 2008 Notice is attached hereto and incorporated herein.
B.
C.
MR. KROEGER knowingly and voluntarily admits to the factual and legal allegations set forth in the March 2008 Notice.
Scott Kroeger, LPN Page 2 D. On September 5, 2008, MR. KROEGER requested that the Board put his license on inactive status.
E.
MR. KROEGER further knowingly and voluntarily admits to the following:

1 . MR. KROEGER states that he has had ch-onic, reoccul-I-ing medical problems and depression throughout his life.
2. MR. KROEGER was admitted to the Cleveland Clinic, Department of Psychiatry. for an assessment, from May 3. 2007 to May 18, 2007. After his inpatient treatment, MR. KROEGER attended day treatment at the Cleveland Clinic.
3. In June 2007, the Cleveland Clinic removed MR. KROEGER from his nursing position and assigned MR. KROEGER to a non-nursins monitoring position. MR. KROEGER has continued working for the Cleveland Clinic in the nonnursing monitoring position.
4. In September 2007, MR. KROEGER's luedical conditions were assessed by the Cleveland Clinic and treated.
5. In late 2007, MR. KROEGER was treated by psychiatrist, Dr. Dale, at Lutheran Hospital, Cleveland, Ohio. Subsequently, MR. KROEGER received treatment from another psychiatrist in Cuyahoga Falls, Ohio.
6. On March 18, 2008, MR. KROEGER was assessed by Marymount Hospital,

Behavior Health Center, as having major depression and a partern of abusing prescription medications. Beginning March 19. 2008, MR. KROEGER attended intensive outpatient treatment at Marymount Hospital, Behavior Health Center. MR. KROEGER continues to be treated at Marymount Hospital, Behavioral Health Center, by lung El-Mallawany, MD.
F.
MR. KROEGER expresses remorse for his conduct and has been cooperative with
the Board's investigation.
AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual proinises hereinafter set forth, and in lieu of any formal proceedings at this time, MR. KROEGER knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations:
1.
MR. KROEGER's license to practice nursinz as
a licensed practical nurse is hereby suspended for ail indefinite period of tiine, but not less than one (1) year fro111the date of this .4greement. MR. KROEGER may submit a written request for reinstatement any time after the conditions for reinstatement herein have been met.
Scott Kroeger, LPN Page 3
CONDCI'IONS FOR REINSTATEMENT
2.
3.
MR. KROEGER shall obey ail federal, state. and local laws, and all laws and rules
governing the practice of nursing in Ohio.
MR. KROEGER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee.
Prior to reinstatement. MR. KROEGER shall enter into a Consent Agreement with the Board for probationary terms, conditions, and limitations determined by the Board for a minimum period of THREE (3) YEARS following reinstatement.
4.
5.
Within six (6) months prior to requesting reinstatement, MR. KROEGER agrees that he will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MR. KROEGER, including a check of Federal Bureau of Investigation (FBI) records, and request BClI to submit MR. KROEGER's criminal records check reports to the Board. MR. KROEGER agrees that a request for reinstarement will not be considered by the Board until the completed criniinal records check, including the FBI check, has been received by the Board. Prior to reinstatement and in addition to requirements for licensure renewal, MR. KROEGER shall complete and submit satisfactory documentation of his
successfully completing Len (10) hours of continuing education on Ethics and one (1) hour continuing education oil Ohio Nursing La\v and Rules.
6.
7.
MR. KROEGER shall abstain completely from the personal use or possession of
drugs, except those prescribed, administered, or dispensed to him by another so authorized by law who has full knowledge of MR. KROEGER's history of chemical use. MR. KROEGER shall self-administer the prescribed drugs only in the manner prescribed.
MR. KROEGER shall abstain completely fron-i [he use of alcohol Within three (3) months prior to requesting reinstatement, MR. KROEGER shall, at his own expense, seek a chemical dependency evaluation by a Board
approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MR. KROEGER shall provide the chemical dependency professional with a copy of this Consent Agreement with the March 2008 Notice. Further, MR. KROEGER shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The chemical dependency professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any information deemed appropriate and necessary for the evaluation. The chemical dependency professional
Scott Kroeger, LPN Page 4 shall submit a written opinion to the Board that includes any additional restrictions to be placed on MR. KROEGER's license to practice, and stating whether MR. KROEGER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
10.
Prior to reinstatement, MR. KROEGER shall provide the Board with satisfactory
with all aspects of the treatment plan developed by the documentation of con~pliance chemical dependency professional described above until released. Further, MR. KROEGER agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions. and limitations on MR. KROEGER's license and that the Leriiis, conditions, and limitations shall be incorporated in an addendum to this Consent Agreement.
11.
For a minimum, continuous period of six (6) months immediately prior to requesting reinstatement, MR. KROEGER shall submit, at his expense and on the
day selected, blood or urine specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MR. KROEGER's initiarion of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day he is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.2S(B), ORC. This screening shall require a daily call-in process. T h e specimens submitted by MR. KROEGER shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law who has full knowledge of MR. KROEGER's history of chemical use. a. Within thii-ty (30) days prior to MR. KROEGER initiating drug screening, MR. KROEGER shall provide a copy of this Consent Agreement and the March 2008 Notice to all treating practitioners and shall provide to the Boai-d a list of all treating practitioners, including addresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that is to be inailed by the practirioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MR. KROEGER. b. After initiating drug screening, MR. KROEGER shall b e under a continuing duty to provide a copy of this Consent Agreement and the March 2008 Notice, prior to initiating treatment, to additional treating practitioners, and to update the lisl of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. Further. MR. KROEGER shall notify the Board of any and all medication(s) or prescription(s) received within twenty-four (24) hours of release from hospitalization or medical treatment.
12.
For a minimum, continuous period of six (6) months immediately prior to requesting reinstatement, MR. KROEGER shall attend a minimum of one (1)
meeting per week of a support or peer group ineeting approved in advance by the Board, or a Twelve Step program, and MR. KROEGER shall provide satisfactory documentation of such attendance to the Board prior to reinslatement.
Scott Kroeger, LPN Page 5 MR. KROEGER shall continue to participate in individual treatmenticounseling at the Marymount Hospital, Behavior Health Center (counseling) at intervals deemed appropriate by MR. KROEGER's current mental health treating professional(s), or another mental health treating professional approved in advance by the Board or its designee. Prior to February 1, 2009, MR. KROEGER shall provide his mental health treating professional(s) with a copy of this Consent Agreement and its attachments. MR. KROEGER shall have his mental health treating professional(s) send documentation to the Board, of receipt of a copy of this Consent Agreement and attachments, along with its first treatment report. Beginning March 31, 1008,MR. KROEGER shall cause his mental health treating professional(s) to provide the Board with quarterly reports of his treatment and progress. MR. KROEGER shall continue participating in treatment until released by his mental health treating professional(s).
13.
Reporting Requirements of Licensee 14. MR. KROEGER shall report to the Board, in \\,riling, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MR. KROEGER shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board. MR. KROEGER shall submit any and all inforn~ationthat the Board may request regarding his ability to practice according to acceptable and prevailing standards of safe nursing practice. MR. KROEGER shall not submil or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MR. KROEGER shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communicatioi~srequired by this Consent Agreement shall be made to the Compliance Unit of the Board. MR. KROEGER shall submit the reports and documentation required by this Consent Agreement to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. MR. KROEGER shall verify that the reports and documentation required by this Consent Agreement we received in the Board office. MR. KROEGER shall inform the Board within five (5) business days, in writing, of any change in address andior telephone number.
15.
16.
17.
18.
19.
20.
21.
Scot1 Kroeger, LPN Page 6
Nursing Refresher Course or Orientation Upon request of the Board or its designee, MR. KROEGER shall, prior to working in a
position where a nursing license is required, complete and submit satisfactory documentation of completion of a nursing refresher course or an extensive orientation approved in advance by the Board 01- its designee.
Tem~orary Narcotic Restriction Unless otherwise approved in advance by the Board or its designee, MR. KROEGER shall not administer, have access to, or possess (except as prescribed for MR. KROEGER's use by another so authorized by law who has full knowledge of MR. KROEGER's history of chemical use) any narcotics, other controlled substances, or mood altering drugs for a minimum of six (6) months in which MR. KROEGER is work~ngin a position that requires a nursing license. At any time aftei- the six (6) month period previously described, MR. KROEGER may subi~iita writLen request to the Board to have this restriction re-evaluated. In addition, MR. KROEGER shall not count narcotics or possess or carry any work keys for locked
medication c a m , cabinets, dra\vers, or containers.
PERMANENT PRACTICE RESTRICTIONS MR. KROEGER further knowingly and voluntarily agrees with the Board lo the following PERMANENT LICENSURE RESTRICTIONS: Unless otherwise approved in advance by the Board or its designee, MR. KROEGER shall not practice nursing as a licensed practical nurse (1) for agencies
providing home care in the patient's residence; (2) for hospice care pro,=rams providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MR. KROEGER to provide nursing services for fees, compensation, or other considel-ation or as a volunteer.
Unless otherwise approved in advance by the Board or its designee, MR. KROEGER shall not function in a position or employment where the job duties or
requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, and/or Vice President of Nursing.
FAILURE TO COMPLY
The above described terms and conditions shall constitute "restrictions placed on a license" for purposcs of Section 4723.28(B), ORC. If, in the discretion of the Board, MR. KROEGER appears to have violated or breached any terms or conditions of this Consent Agreement, the
Scott Kroeger, LPN Page 7 Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before Lhe effective date of this Consent A,areement.
DURATION I MODIFICATION OF TERMS

The terms, limitations, and conditions of this Consent Agreement, other than the permanent restrictions, may be modified or terminated, in writing, at any time upon agreement of both MR. KROEGER and the Board. The Board inay oniy alter the indefinite suspension imposed if: ( 1 MR. KROEGER submits a written request for reinstatement: (2) the Board determines that MR. KROEGER has complied with all conditions of reinstatement; (3) the Board determirles rhat MR. KROEGER is able to practice according to acceptable and prevailing standards of safe nursing care based upon an interview with MR. KROEGER and review of the documentation specified in this Consent Agreement; and (4) MR. KROEGER has entered into a Consent Agreement with ihe Board for probationary terms, conditions, and limitations determined by the Board for a minimum period of THREE (3) YEARS following reinstatement.
MR. KROEGER acknowledges that he has had an opportunity to ask questions conceining the terms of this Consent Agreement and rhat all questions asked have been answered in a
satisfactory manner.
MR. KROEGER waives all of his rights under Chapter 119, ORC, as they relate to matters that
are the subject of this Consent Agreement.
MR. KROEGER waives any and ali claims or causes of action he may have against the Board,
and its members, officers, employees and/or agents arising out of matters that are the subject of this Consent Agreement. This Consent Agreement is not an adjudication order as discussed in Chapter 119, ORC. Any action initiated by the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC. This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies.
Scott Kroeger, LPN Page 8
EFFECTIVE DATE
MR. KROEGER understands that this Consent Agreement is subject to ratification by the
Board prior to signature by the Board President and shall become effective upon the last date of signature below.
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DATE
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DATE
~ounseifor Scott Kroeger, LPN
LISA K L E ~ EPresident .
DATE
Ohio Boilnl of Nursing

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Scott Kroeger, L.P.N. 439 Boh Avenue Canal Fulton, Ohio 44614 Dear W. Kroeger: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authoriiy of Section 4723.28, ORC, to deny, permanently deny, suspend or place restrictions on your license to practice nursing in Ohio as a Licensed Practical Nurse: reprimand 01. otherwise discipline you for the following reasons: 1. On 01- about July 27, 2006, the Boa-d of Vocational Nursing and Psychiatric Technicians Department of Consumer Affairs State of California (California Board) filed Accusation No. 6922 against your vocational nurse license in California. Under subsection b. of Paragraph 13. of Accusation No. 6922, the California Board indicated that, on or about October 18, 2004, you were interviewed by an investigator for the California Board. A certified copy of the California Board's 2006 Accusation No. 6922 is attached hereto and incorporated herein. In or around August 2005, you submitted an Application for Licensure by Endorsement to Practice Nursing in Ohio as a Licensed Practical Nurse. In your Application, you indicated that you \Yere licensed to practice nursing in California. Further, in the section marked "Compliance" of your Application, you were asked to respond to the folloiving question: "Have you been notified of any current investigation of you, or have you ever been notified of any formal charges, allegations, or complaints filed asainst you by any board, bureau: department. agency, or other public body, including those in Ohio, with respect to a professional license?"
Scott E.Kroeger, L.P.N. Page 2 You checked the "No" box of your Application to the above-referred question. Further, on October 21. 2005, the Ohio Board granted a nursing license to you. Section 4723.28(4) ORC. authorizes the Board lo revoke the license or refuse to grant a license to a person who has been found by the Board to have cornlliitted fraud, misrepresentation, or deception in applying for or securing any license issued by the Board. 2. Further, on or about November 19, 2006: the California Board issued a Default Decision and Order in which your vocational nurse license was revoked. A certified copy of the California Board's Default Decision and Order is attached hereto and incorporated herein.
Section 4723.28(B)(l), ORC, authorizes the Board to discipline a licensee for deilial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursiiig, for any reason othcr than a failure to renew. in Ohio or another state or jurisdiction. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 1 1 9. ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney: or by such other representative as is permitted to practice before the Bowd, or you iilay present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please inail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus O H 43215-3413. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal in allegations set f o ~ t h this Notice of Opportunity for Hearing, deny, permanently deny, suspend or place restrictions on your license to practice in Ohio as a Licensed Practical Nurse; reprimand or otherwise discipline you.
Scott E. Kroeger, L.P.N. Page 3
Sincerely,
Debra Broadnax, MSN. RN. CNS Supervising Member Certified Mail Receipt No. 7007 3020 0000 7377 5017 cc: Leah O ' C u ~ o i l Assistant Attorney General ,
Attorney Certified Mail Receipt No. 7007 3020 0000 7377 5024 cc: Beth Collis, Esq.
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BEFORE THE BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Filed Against:
NO. 6922
611
SCOTT E. IrnOEGER
DEFAULT DECISION AND ORDER
Vocational Nurse License Number VN 198042 Respondent.
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Respondent Scott E. Kroeger was served
No. &2;'IRatement
to
Respondent; Notice of Defense form; copies of Government Code sections 11507.5, 11507.6..and
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1 1507.7; and Request for Discovery by both first class and certified mail on July 27, 2006 at his address of record, as provided in sections 11503 and 11505 of the Govemment Code of the State of California.
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Respondent failed to file a Notice of Defense within the time specified in
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Govemnent Code section 11506. The Board of Vocational Nursing and Psychiatric Technicians ("Board") has
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/ determined that respondent has waived his rights to a hearing to contest the merits of the
Accusation and that the Board will take action on the Accusation without a hearing, pursuant to Govemment Code section 11520. The Board makes the following findings of fact:
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FINDINGS OF FACT
1. Teresa Bello-Jones, J.D., M.S.N., R.N., made and filed the Accusation
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solely in her capacity as the Board's Executive Officer. 2. On January 16,2002, the Board issued Vocational Nurse License Number
28
VN 198042 to Scott E. Kroeger (Respondent). Said license expired on November 30, 2005, and
has not been renewed.
3.
Under Business and Professions Code section 2875, the Board may
discipline any licensed vocational nurse for any reason provided in Article 3 of the Vocational Nursing Practice Act. 4. Under Business and Professions Code section 118(b), the expiration of a
license shall not deprive the Board ofjurisdiction to proceed with a disciplinary action during the period within which the license may be renewed, restored, reissued, or reinstated. Under Business and Professions Code section 2892.1, the Board may renew an expired license at any time within four years after the expiration. 5. Under Business and Professions Code section 2878, the Board may
"suspend or revoke any license issued under this chapter [the Vocational Nursing Practice Act (Bus. & Prof. Code,
5 2840, et seq.)] for any of the following:

"(1) Incompetence or gross negligence in carrying out usual nursing
functions."
"(a) Unprofessional conduct, which includes, but is not limited to, the following:
...
"(d) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to vioIate any provision or term of this chapter [the Vocational Nursing Practice Act]." 6. Under Business and Professions Code section 2878, subsection 5(a),
which states in part, "...it is unprofessional conduct for a person licensed under this chapter to do any of the following: "(a) Obtain or possess in violation of law, or prescribe, or except as directed by a licensed physician and surgeon, dentist or podiatrist, administer to himself or herself, or furnish or administer to another, any controlled substance as defined in Division 10 of the Health and Safety Code, or any dangerous drug as defined in Section 4022".
"(b) Use any controlled substance as defined in Division 10 of the Health and Safety Code, or any dangerous drug as defined in Section 4022, or alcoholic beverages, to an extent or manner dangerous or injurious to himself or herself, any other person, or the public, or to the extent that the use impairs his or her ability to conduct with safety to the public the practice authorized by his or her license". "(e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to narcotics or dangerous drugs as specified in subdivision (b)." 7. Under Business and Professions Code section 125.3, the Board may
equest the administrative law judge to direct a licentiate found to have committed a violation or -iolations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation nd enforcement of the case. 8. Respondent has subjected his license to revocation under Business and
'rofessions Code sections 2878(a), on the grounds of unprofessional conduct, and 2878.5(e) in
at, while on duty as a licensed vocational nurse and by his own admission, he falsified, made
rossly incbnsistent, or unintelligible entries in hospital and patient records pertaining to angerous drugs, as described in Accusation Number 6921, a copy of which is attached as :xhibit "1" and incorporated by reference. 9. Respondent has subjected his license to revocation under Business and
rofessions Code sections 2878(a) and (d), and 2878.5(a) in that, while on duty as a licensed ocational nurse, he obtained Phenergan, a dangerous drug, by fraud, deceit, misrepresentation or ~bterfuge, described in Accusation Number 6922, a copy of which is attached as Exhibit "1" as nd incorporated by reference. 10. Respondent has subjected his license to revocation under Business and
rofessions Code sections 2878(a) and (d), and 2878.5(b), in that he unlawfully administered henergan for his own personal use, as described in Accusation Number 6922, a copy of which is hached as Exhibit "1" and incorporated by reference.
DETERMINATION O F ISSUES Based on the foregoing Findings of Fact, respondent has subjected his license to jiscipline under Business and Professions Code sections 2878(a) and (d), and 2878.5(a), (b), (d), md (e). LOCATION O F RECORD The record on which this Default Decision is based is located at the Sacramento ~ f f i c e the Board of Vocational Nursing and Psychiatric Technicians. of
ORDER WHEREFORE, tile Board of Vocational Nursing and Psychiatric Technicians nakes the following order: Vocational Nurse License Number VN 198042 authorizing respondent to act as
i
vocational nurse is hereby revoked. Respondent shall have the right to petition for reinstatement of the aforesaid
icense pursuant to the provision of section 11522 of the Government Code. Respondent shall not be deprived of making any further showing by way of nitigation;'however, such showing must be made directly to the Board of Vocational Nursing md Psychiatric Technicians, 2535, Capitol Oaks Drive, Suite 205, Sacramento, California, >5833,prior to the effective date of this Decision.
This Default Decision shall become effective on tile lated and signed this
day of November, 2006
fl day of October, 2006.
Sister Marie de Pones Taylor President
EXHIBIT 1
JUL 27 2006
BILL LOCKYER, Attorney General of the State of California ANNE HUNTER. State Bar No. 136982 Deputy ~ t t o r n k ~ General California Department of Justice 300 So, Spring Street, Suite 1702 Los Angeles, CA 9001 3 Telephone: (213) 897-21 14 Facsimile: (213) 897-2804 Attorneys for Complainant
Board of Vocational Nursing and Psychiatric Technicians
BEFORE THE BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against: SCOTT E. KROEGER Case No. 6 9 2 2
ACCUSATION
Vocational Nurse License No. W 198042 Respondent.
Complainant alleges:
PARTIES
1. Complainant Teresa Bello-Jones, J.D., M.S.N., R.N., brings this
Accusation solely in her official capacity as the Executive Officer of the Board of Vocational Nursing and Psychiatric Technicians, Department of Consumer Affairs. 2. On or about January 16,2002, the Board of Vocational Nursing and
Psychiatric Technicians issued Vocational Nurse License No. W 198042 to Scott E. Kroeger (Respondent). The Vocational Nurse License was in full force and effect at all times relevant to the charges brought herein and expired on November 30,2005.
JURISDICTION
3. 28 This Accusation is brought before the Board of Vocational Nursing and-..
Psychiatric Teclmicians (Board), Department of Consumer Affairs, under the authority of the
following laws. All section references are to the Business and Professions Code unless o t l ~ ~ i s ~ indicated. STATUTORY PROVISIONS
4.
Section 2575 of the Business and Professions Code (Code) provides, in
pertinent part, that the Board may discipline the holder of a vocational nurse license for any reason provided in Article 3 (commencing with section 2875) of the Vocational Nursing Practice Act. 5. Section 118, subdivision @), of the Code provides; ir, petrinent part, that
the expiration of a license shall not deprive the Board ji~xisdictionto proceed with a disciplinary action during the period within which the license may be renewed, restored, reissued or reinstated. Under section 2892.1 of the Code, the Board may renew an expired license at any time within four years after the expiration.
6.
Section 2878 of the Code states:
"The Board may suspend or revoke a license issued under this chapter [the Vocational Nursing Practice Act (Bus. & Prof. Code,
I
8 2840, et seq.)] for any of the following:
"(a) Unprofessional conduct, which includes, but is not limited to, the following: "(1) Incompetence or gross negligence in carrying out usual nursing functions."
....
"(d) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or tern of this chapter [the Vocational Nursing Practice Act]. 7. Section 2878.5 of the Code states
''In addition to other acts constituting unprofessional conduct within the meaning 2f this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of h e following: "(a) Obtain or possess in violation of law, or prescribe, or except as directed by a icensed physician and surgeon, dentist or podiatrist administer to himself or herself or furnish or
administer to another, any controlled substance as defined in Division 10 of the Health and Safety Code, or any dangerous drug as defined in Section 4022. "(b) Use any controlled substance as defined in Division 10 of the Health and
ti
Safety Code, or any dangerous drug as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to himself or herself, any other person, or the public or to the extent that the use impairs his or her ability to conduct with safety to the public the practice authorized by his or her license.
"(e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to narcotics or dangerous drugs as specified in subdivision (b)." 8. California Code of Regulations, title 16, section 2518.5 states:
"The licensed vocational nurse perfoms services requiring technical and manual skills which include the following: "(a) Uses and practices basic assessment (data collection), participates in plahning, executes interventions in accordance with the care plan or treatment plan, and contributes to evaluation of individualized interventions related to the care plan or treatment plan.
"(b) Provides direct patienuclient care by which the licensee:
(1) (2) (3)
Perfoms basic nursing services as defined in subdivision (a); Administers medications; Applies communication skills for the purpose of patienuclient care and education; and
(4)
Contributes to the development and implementation of a teaching plan related to self-care for the patienuclient.
9.
California Code of Regulations, title 16, section 2518.6, subdivision
@)(I), provides that a licensed vocational nurse shall adhere to standards of the profession and
shall incorporate ethical and behavioral standards of professional practice which include but are not limited to maintaining current knowledge and skills for safe and competent practice. 10. Section 125.3 of the Code provides, in pertinent part, that the Board may
request the administrative law judge to direct a licentiate found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.
11.
DANGEROUS DRUG "Phenergan", trade name for Promethazine HCI, is a prescription drug and
a.
is categorized as a dangerous drug pursuant to section 4022 of the Code.

FIRST CAUSE FOR DISCIPLINE (Falsified Hospital Records)
12.
Respondent's license is subject to disciplinary action under Business and
conduct, as Professions Code section 2878, subdivision (a), on the grounds of unp~ofessional iefined in section 2878.5, subdivision (e), for violating Health and Safety Code sections 11 173, ;ubdivision (b), in that while on duty as a license vocational nurse at Little Company of Mary 3ospital id San Pedro, California, Respondent falsified, made grossly incorrect, grossly nconsistent, or unintelligible entries in hospital and patient records pertaining to dangerous h g s in the following respects: Patient No. 2015697237 a. On or about January 13,2004, at 2330 hours, Respondent
:ancelled/removed Promethazine 25mg. from the Pyxis for patient No. 201 5697237. tespondent failed to chart the administration of Promethazine 25mg. in the patient's Medication idministration Record (MAR), and failed to document the administration in the Nurse's Notes. lespondent failed to record wastage or otherwise account for Promethazine 25mg. There were
10
physician's orders for Promethazine 25mg. Patient No. 2015698276 b. On or about January 14,2004, at 0537 hours, Respondent
:ancellediremoved Promethazine 25mg. from the Pyxis for patient No. 201 5698276.
Respondent failed to chart the administration of Promethazine 25mg. in the patient's MAR, and failed to document the administration in the Nurse's Notes. Respondent failed to record wastage or otherwise account for Promethazine 25mg. There were no physician's orders for Promethazine 25mg. Patient No. 2015692936 c. On or about January 17,2004, at 2028 hours, Respondent
cancelled/removed Promethazine 25mg. from the Pyxis for patient No. 2015692936. Respondent failed to chart the administration of Promethazine 25mg. in the patient's MAR, and failed to document the administration in the Nurse's Notes. Respondent failed to record wastage or otherwise account for Promethazine 25mg. There were no physician's orders for Promethazine 25mg. Patient No. 2015713186 d. On or about January 21, 2004, at 2001 hours, Respondent removed
Promethazine 25mg. from the Pyxis for patient No. 2015713 186. Respondent failed to chart the administration of Promethazine 25mg. in the patient's MAR, and failed to document the administration in the Nurse's Notes. Respondent failed to record wastage or otherwise account for Promethazine 25mg. There were no physician's orders for Promethazine 25mg. Patient No. 2015747331 e. On or about February 7,2004, at 1943 hours, Respondent removed
Promethazine 25mg. from the Pyxis for patient No. 201574733 1. Respondent failed to chart the 3dministration of Promethazine 25mg. in the patient's MAR, and failed to document the dministration in the Nurse's Notes. Respondent failed to record wastage or otherwise account [or Promethazine 25 mg. The physician's orders were for Phenergan 12.5 mg, IVP every 2 lours as needed. f. On or about February 9,2004, at 0527 hours, Respondent removed
'romethazine 25mg. from the Pyxis for patient No. 201574733 1. Respondent failed to chart the idministration of Promethazine 25mg. in the patient's MAR, and failed to document the tdministration in the Nurse's Notes. Respondent failed to record wastage or othenvise account
*.
..
,.
1 2 3 4 5 6 7 8 9
for Promethazine 25 mg. The physician's orders were for Phenergan 12.5 mg;IVP every 2 hours as needed. SECOND CAUSE FOR DISCIPLINE (Obtain o r Possession Controlled Substances by Fraud or Deceit) 13. Respondent is subject to disciplinary action under section 2878,
subdivisions (a) and (d), for unprofessional conduct as defined in Section 2878.5, subdivision (a), of the Code, in that while on duty as a licensed vocational nurse at Little Company of Mary Hospital in San Pedro, California, Respondent obtained Phenergan, a dangerous drug, by fraud, deceit, misrepresentationor subterfuge, as follows: a. From on or about January 13,2004, to on or about February 9,2004,
Respondent removed Phenergan 25mg. from the Pyxis without physician's orders as more fully 12 13 14 15 16 l7 18 19 20 21 22
I
set forth in paragraph 14, above. b. On or about October 18,2004, during an interview with an investigator for
the Board, Respondent admitted that he had diverted Phenergan. THIRD CAUSE FOR DISCIPLINE (Administer Controlled Substances to Oneself) 14. Respondent is subject to disciplinary action under section 2878,
subdivisions (a) and (d), on the grounds of unprofessional conduct as defined in Section 2878.5, subdivision @), of the Code, in that from on or about January 13, 2004, to on or about February 9, 2004, Respondent administered Phenergan 25mg. for his own personal use. Respondent admitted to the investigator for the Board that he diverted Phenergan to "stop the pain and nausea."
1
2
PRAYER
WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Board of Vocational Nursing and Psychiatric Technicians issue a decision:
1.
3
4
5
6
Revoking or suspending Vocational Nurse License No.
VN 198042, issued
to Scott E. Kroeger;
7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
I
2.
Ordering Scott E. Kroeger to pay the Board of Vocational Nursing and
Psychiatric Technicians the reasonable costs of the investigation and enforcement of this case, pursuant to Business and Professions Code section 125.3; and
3.
Taking such other and further action as deemed necessary and proper.
DATED:
J u l y 27, 2006
.N., R.N.
Board of Vocational Nursing and Psychiatric Technicians Department of Consumer Affairs State of California Complainant
25
26 27
LA200560 1307 60144902,wpd CML (0411 112006)
28
Case# 12-000791
May 18, 2012

Joe Ann Lawson, R.N. 6669 Tamarind Drive Bedford Heights, Ohio 44146 Dear Ms. Lawson: You are hereby notified that, on or about March 18, 2011, you entered into a Consent Agreement (March 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a registered nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of three (3) years. Attached to and incorporated within the March 2011 Consent Agreement is a March 19, 2010 Notice of Opportunity for Hearing (March 2010 Notice). A. Item 4. of the March 2011 Consent Agreement states, Within six (6) months of the effective date of this Consent Agreement, MS. LAWSON shall establish contact with a nursing educator approved by the Board who has no less than a masters degree and who is affiliated with a nursing educational program, and MS. LAWSON shall have the educator provide the Board with a written report of an assessment of MS. LAWSON, which identifies MS. LAWSONs knowledge/practice deficiencies and remedial educational needs. Prior to the assessment, MS. LAWSON shall provide the nursing educator with a copy of this Consent Agreement and the March 2010 Notice and shall submit to any nursing skills or knowledge assessments required by the educator. MS. LAWSON shall also execute releases prior to the assessment to permit the nursing educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. LAWSONs employer(s), former employers, and Board staff. Following the assessment, MS. LAWSON shall have the nursing educator provide the Board with a copy of a learning plan developed by the educator for MS. LAWSON and shall obtain approval of the learning plan by the Board or its designee. The learning plan shall identify specific remediation that MS. LAWSON shall complete to address any knowledge/practice deficiencies and remedial educational needs identified by the nursing educator and shall identify the time frame during which MS. LAWSON shall complete such learning plan. MS. LAWSON shall successfully complete and submit satisfactory documentation of successful completion of the learning plan within the time frame specified in the learning plan.
Joe Ann Lawson, R.N. Page 2 Despite this provision, you have failed to have the nursing educator, who you established contact with in February 2012, provide the Board a copy of your learning plan, and obtain approval of the learning plan by the Board or its designee, within six (6) months of the March 2011 Consent Agreement effective date. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the March 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Item 4. of the March 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-153003, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 18, 2011, you entered into a Consent Agreement (March 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a registered nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of three (3) years. Attached to and incorporated within the March 2011 Consent Agreement is a March 19, 2010 Notice of Opportunity for Hearing (March 2010 Notice). 2. Item 4. of the March 2011 Consent Agreement states, Within six (6) months of the effective date of this Consent Agreement, MS. LAWSON shall establish contact with a nursing educator approved by the Board who has no less than a masters degree and who is affiliated with a nursing educational program, and MS. LAWSON shall have the educator provide the Board with a written report of an assessment of MS. LAWSON, which identifies MS. LAWSONs knowledge/practice deficiencies and remedial educational needs. Prior to the assessment, MS. LAWSON shall provide the nursing educator with a copy of this Consent Agreement and the March 2010 Notice and shall submit to any nursing skills or knowledge assessments required by the
Joe Ann Lawson, R.N. Page 3 educator. MS. LAWSON shall also execute releases prior to the assessment to permit the nursing educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. LAWSONs employer(s), former employers, and Board staff. Following the assessment, MS. LAWSON shall have the nursing educator provide the Board with a copy of a learning plan developed by the educator for MS. LAWSON and shall obtain approval of the learning plan by the Board or its designee. The learning plan shall identify specific remediation that MS. LAWSON shall complete to address any knowledge/practice deficiencies and remedial educational needs identified by the nursing educator and shall identify the time frame during which MS. LAWSON shall complete such learning plan. MS. LAWSON shall successfully complete and submit satisfactory documentation of successful completion of the learning plan within the time frame specified in the learning plan. Despite this provision, you have failed to have the nursing educator, who you established contact with in February 2012, provide the Board a copy of your learning plan, and obtain approval of the learning plan by the Board or its designee, within six (6) months of the March 2011 Consent Agreement effective date. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a
Joe Ann Lawson, R.N. Page 4 registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4736 Attorney Certified Mail Receipt No. 7011 2970 0003 1733 4743 cc: Terri-Lynne Smiles, Esq. Henry G. Appel, Assistant Attorney General
Case #08-3947
Board sf Nursing
17 South tligli Street, Siiite 400
0
www,n,~rsing.ohio.gov
(614) 466-1947
Cnl~inihi~s, 43215-7410 Oliio
CONSENT AGREEMENT BETWEEN JOE ANN LAWSON AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between JOE ANN LAWSON, R.N. (MS. LAWSON) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. MS. LAWSON voluntarily enters into this Consent Agreement being fully informed of her rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS F O R ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings:
A.
The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723,28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(20), ORC, authorizes the Board to discipline a licensee for, in the case of a registered nurse, engaging in activities that exceed the practice of nursing as a registered nurse. MS. LAWSON was initially licensed to practice nursing as a registered nurse by in the State of Ohio, RN-153003, in 1978. MS. LAWSON knowingly and voluntarily admits to the factual and legal allegations set f o ~ t h the Notice Opportunity for Hearing issued to her by in the Board on or about M a c h 19, 2010 (March 2010 Notice), a copy of which is attached hereto and incorporated herein.
Joe Ann Lawson, R.N. Page 2
D.
MS. LAWSON states that the Heparin protocol had an "x" at the bottom of the page indicating a Heparin order. MS. LAWSON acknowledges now that she should not have taken a verbal order. MS. LAWSON is willing to work with the Board to ensure her continued safe practice as a registered nurse. AGREED CONDITIONS
E.
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. LAWSON knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: MS. LAWSON's license to practice nursing as a registered nurse shall be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of three (3) years:
1.
MS. LAWSON shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MS. LAWSON shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Prior to JULY 1, 2011, MS. LAWSON shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing nursing education taken subsequent to the effective date of this Consent Agreement: five (5) hours of Ethics and one (1) hour of Scope of Practice.
2.
3.
Educational Needs Assessment and Learning Plan

4.
Within six (6) months of the effective date of this Consent Agreement, MS. LAWSON shall establish contact with a nursing educator approved by the Board who has no less than a master's degree and who is affiliated with a nursing educational program, and MS. LAWSON shall have the educator provide the Board with a written report of an assessment of MS. LAWSON, which identifies MS. LAWSON's knowledgelpractice deficiencies and remedial educational needs. Prior to the assessment, MS. LAWSON shall provide the nursing educator with a copy of this Consent Agreement and the March 2010 Notice and shall submit to any ilursing skills or knowledge assessments required by the educator. MS. LAWSON shall also execute releases prior to the assessment to permit the nursing educator to obtain any information deemed appropriate and necessary for the assessment including information from MS. LAWSON's employer(s), former employers, and Board staff. Following the assessment, MS. LAWSON shall have the nursing
educator provide the Board with a copy of a learning plan developed by the educator for MS. LAWSON and shall obtain approval of the learning plan by the Board or its designee. The learning plan shall identify specific remediation that MS. LAWSON shall complete to address any kilowledgelpractice deficiencies and remedial educational needs identified by the nursing educator and shall identify the time frame during which MS. LAWSON shall complete such learning plan. MS. LAWSON shall successfully complete and submit satisfactory documentation of successful completion of the learning plan within the time frame specified in the learning plan.
5.
6.
MS. LAWSON shall be responsible for all costs associated with obtaining and meeting the requirements of the learning plan. After MS. LAWSON has successfully completed the learning plan, the nursing educator shall provide the Board with an assessment and any recommendations for additional remedial education andlor restrictions that should be placed on MS. LAWSON's license to practice. Furthermore, the nursing educator sliall provide to the Board a written opinion stating whether MS. LAWSON is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. The Board may utilize the nursing educator's reco~nmendationsand conclusions from the assessment as a basis for additional terms, conditions, and limitations oil MS. LAWSON's license and that the terms, conditions, and limitations shall be incorporated in an addendum to this Consent Agreement
7.
MS. LAWSON shall notify the Board, in writing, of the naine and address of any current employer within thirty (30) days following the effective date of this Consent Agreement, or any new employer prior to accepting employment. MS. LAWSON, within fifteen (15) days of the effective date of the Consent Agreement, if working in a position in which a nursing license is required, shall provide her employer(s) with a copy of this Coilsent Agreement and the attached March 2010 Notice. Further, MS. LAWSON is under a continuing duty to provide a copy of this Consent Agreement and the March 2010 Notice to any new employer prior lo accepting nursing employment. MS. LAWSON shall have her employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning MARCH 1, 2011 or beginning with in thirty (30) days of working in a nursing position. MS. LAWSON shall have her employer(s) send doculnentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement and the March 2010 Notice, including the date they were received.
8.
Reporting Requirements 9.
10.
MS. LAWSON shall report to the Board, in writing, any violation of this Consent Agreement within thirly (30) days of the occurrencc of the violatton. MS. LAWSON shall sign release of information forms allowing health professionals and other organizations to submit the requested documentation directly to the Board. MS. LAWSON shall submit any and all information that the Board may
11.
12.
MS. LAWSON shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MS. LAWSON shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board. MS. LAWSON shall submit the reports and documentation required by lhis
Consent Agreement or any other documents required by the Board to the attention of the Co~nplianceUnit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
13.
14.
15.
MS. LAWSON shall verify that the reports and docu~nentationrequired by

this Consent Agreement are received in the Board office.
16.
MS. LAWSON shall inform the Board within five (5) business days, in
writing, of any change in employment status or of any change in residential or home address or telephone number.
Nursing Refresher Course Upon the request of the Board or its designee, MS. LAWSON shall complete and submit satisfactory documentation of coinpletion of nurse refresher courses or an extensive orientation to be approved in advance by the Board, or its designee.
Joe Ann Lawson, K.N Page 5
Tetnoorarv Practice Restrictions MS. LAWSON shall not practice nursing as a registered nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providiug hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. LAWSON to provide nursing services for fees, compensation, or other consideration or as a volunteer. MS. LAWSON shall not function in a position or employment where the job duties or requirements involve management of nursing or nursing responsibilities, or supervising and evaluating nursing practice. Such positions include but are not limited to the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY MS. LAWSON agrees that her license to practice nursing as a registered nurse will be automatically suspended if it appears to the Boxd that MS. LAWSON has violated or breached
any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. LAWSON via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. LAWSON may request a hearing regarding the charges. The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), OKC. If, in the discretion of the Board, MS. LAWSON appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occuiring before the effective date of this Consent Agreement.

The terms, limitations, and conditions, of this Consent Agreement may be modified or terminated, in writing, at any time upon the agreement of both MS. LAWSON and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (I) the Board determines that MS. LAWSON has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. LAWSON is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upoil an interview with MS. LAWSON and review of the reports as required herein. Any period during which MS. LAWSON does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
Fob 1B 2011 l O : 5 S f l H
HP L R S E R J E T F R X
Jw Ann h m n . R.N. Pngo 6
MS. LAWSON acknowiedges thsc she hss had an opporttldiry lo ask quesiione w n c ~ r n i q dlc
tmis of
?hi8
Consent A ~ o m m ra~ldti1111 all quekrions &lxi
haye
&.A
answcrrd
j n
satiaf~atary mmtlw.
MS. IAPYSON waives uti
o i hor righls under Chrrptcs t 19, ORC,RS t h y relac t 8 o1 art k subjecr of this Consent Agrremenr.
fllirt
MS. LAWSON waive6 any md dl dsin18 or cousoa of action shc m ~ have apdnsr the Bonrcl, y nnd ils msrnk6, ofscers. omyloypes nndlar agents m i d i g uut ofmnttw, wtrich nre tht subjec* oi this Consent Agfwmnt
This Cotlp~ntAgreement shall be cunrjdered a public record U6 lhnt tenn i n used in Scc.tion 149.43, ORG. The informadon ~ontajnrsdhcxin may Lie mported to appropriarc organirn~ous, data h a s and govemmerrral bdieu.
This Conr;enl A p a n e u t $ not an atjudicatition o&r as. &rcuasl;d i Chapter 119, ORC. Any n action initi~ted the B W bmed OD dlcged violations of this Consent Apernent shall comply by with cha Aciministrative Pmcedurcs Act, Chapter 119, QRC,
MS. CAWt3QM uncier6tanctq h t as Consent A W m e n t 1s subject to mtif~atiuo tho Board i by prior lo sigoatun by the. Hontd Ptesidern and shall becvnic ~ R e c t i v~ p o nthe lafir date of ~ si$natu~c o w . W
i < , , ..-..;i " .- /' ,.-
~ - L W SMILES, E ESQ. AbtoFoey for JLWAnn ~ & u , R . N .
. .,,..:..""T,.. .
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DATE
Case K 08-3947
Ohio Board 0f
17 Sotit11 ITigii S!i.eet, Suite 400
a
w~\\~.~lli~-~ing.ohio.gov
--
Col~iinbus. Ohio 43215-7410 * (014) 460-3947
March 19.2010

Joe Ann Lawson, R.N. 6669 Tamarind Dr. Bedford Hts., OH 44146 Dear Ms. Lawson: In accordance with Chapter 119. of the Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: I. The following occurred while you were employed as a registered nurse at St. Vincent Charity Hospital in Cleveland, Ohio: On or about November 7, 2008, and November 8, 2008, you documented an order for 5,000 units SQ Heparin BID on Patient # l ' s medication administration record (MAR) [see Attached Patient Key - to Remain Confidential and Not Subject to Public Disclosure]. You further documented administering Heparin to Patient #I on November 7, 2008, at 2330, and on November 8, 2008, at 2100. You signed off on the orders, 24 hour chart checks, and MAR checks. On or about November 9, 2008, you again documented an order for 5,000 units SQ Heparin BID on Patient #I's MAR, but crossed it out after confirming with the pharmacy that there was no order. The medication order referenced above was, in fact, not authorized by a physician and was contraindicated for Patient #1 who was positive for occult blood. You were terminated from your employment at St. Vincent Charity Hospital on or about November 17,2008. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(20), ORC, authorizes the Board to discipline a licensee for, in the case of a registered nurse, engaging in activities that exceed the practice of nursing as a registered nurse. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC.
Joe Ann Lawson, R.N Page 2 In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practicc before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 43215-7410 or, to the email address, hearingiu),nursinr.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Anne Banlett, R.N., B.S.N., C.W.S. Supervising Board Member Certified Mail Receipt No. 7002 0860 0006 5913 3082 cc: Melissa L. Wilbunl, Assistant Attorney General
Case #12-000523
May 18, 2012

Deanna Lynn Lindeman, L.P.N. 1009 Linden Lima, OH 45804 Dear Ms. Lindeman; In accordance with Chapter 119 Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about February 9, 2012, in Allen County Court of Common Pleas Case No. CR2012 0044, you pled guilty to and were convicted of one (1) count of Theft From an Elderly Person, a fourth-degree felony, in violation of Section 2913.02(A)(1)&(B)(3), ORC. The acts underlying your conviction occurred from on or about December 22, 2011 to on or about January 7, 2012, in Allen County, Ohio.
Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. 2. The events underlying your criminal conviction noted above in Paragraph 1 occurred while you were working as a nurse at Primrose Retirement Communities (Primrose) in Lima, Ohio. On or about January 9, 2012, you admitted to an Allen County Sheriffs detective that you stole a ring and other jewelry from a resident at Primrose.
Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(L), Ohio Administrative Code (OAC), states, in pertinent part, that a licensed nurse shall not misappropriate a client's property.
Deanna Lynn Lindeman, L.P.N. Page 2 3. On or about June 28, 2010, you submitted an on-line application for the renewal of your license to practice as a licensed practical nurse (Application). Under the Compliance section of the Application, you were asked: [H]ave you been convicted of, found guilty of, pled guilty, pled no contest to, entered an Alford plea, received treatment or intervention in lieu of conviction or received diversion for . . . A misdemeanor in Ohio, another state, commonwealth, territory, province, or country? This does not include non-DUI/OVI traffic violations. You answered No to this question. However, on or about February 3, 2009, in Lima Municipal Court Case No. 08 TRC08603-A, you were found guilty of one (1) count of OVI, a first-degree misdemeanor, in violation of Section 4511.19(A)(1)(A)&(A)(1)(H), ORC. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), OAC, states that a licensed nurse shall not submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board or any representative of the board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing on this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing this notice. You are hereby further informed that if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present you position, argument, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter to: Lisa Ferguson-Ramos, Compliance Unit Manager, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov.
Deanna Lynn Lindeman, L.P.N. Page 3 If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in the Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case# 12-001223
May 18, 2012

Abigail C. Lucas, L.P.N. 4943 Archdale Lane Columbus, Ohio 43214 Dear Ms. Lucas: You are hereby notified that, on or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least one (1) year. A. You were issued a license to practice nursing as a licensed practical nurse in the State of Ohio on December 8, 2011. B. Item 1. of the November 2011 Consent Agreement states, MS. LUCAS shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), Ohio Administrative Code (OAC), states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board. Item 5. of the November 2011 Consent Agreement states, Prior to accepting employment as a nurse, each time with every employer, MS. LUCAS shall notify the Board of the name and address of the employer in writing. Item 10. of the November 2011 Consent Agreement states, MS. LUCAS shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. Item 14. of the November 2011 Consent Agreement states, MS. LUCAS shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number. On or about December 20, 2011, you accepted employment as a nurse from Monarch Health in Columbus, Ohio. Despite the above provisions, you failed to
Abigail C. Lucas, L.P.N. Page 2 notify the Board, in writing, of the name and address of the nursing employer prior to accepting employment. Also, on or about January 6, 2012, in a telephone interview with your Compliance Agent, you stated that you had not really accepted a position at Monarch Health and that position was up in the air. On or about January 8, 2012, you sent an email to the Board stating that you intended to accept a nursing position as a licensed practical nurse at Monarch Health by January 9, 2012. Furthermore, as of April 16, 2012, you failed to notify the Board, in writing, of your change in employment status after you were terminated from Monarch Health on or about January 6, 2012. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), OAC, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board C. Item 2. of the November 2011 Consent Agreement states, MS. LUCAS shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Despite this provision, on or about March 1, 2012, you failed to appear at the Boards office for your scheduled personal interview with your Board Monitoring Agent. You were sent a letter dated February 13, 2012, to your address of record notifying you of this scheduled personal interview. D. Item 4. of the November 2011 Consent Agreement states, Within ninety (90) days from the effective date of this Consent Agreement, MS. LUCAS shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing nursing education, or other comparable courses approved in advance by the Board, taken subsequent to the effective date of this Consent Agreement: ten (10) hours of ethics/professionalism. Despite this provision, as of April 16, 2012, you have failed to submit to the Board documentation of successful completion of ten (10) hours of ethics/professionalism. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board.
Abigail C. Lucas, L.P.N. Page 3 In accordance with the paragraph under FAILURE TO COMPLY of the November 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 1., 2., 4., 5., 10. and 14. of the November 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-147386, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a licensed practical nurse without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least one (1) year. 2. You were issued a license to practice nursing as a licensed practical nurse in the State of Ohio on December 8, 2011. 3. Item 1. of the November 2011 Consent Agreement states, MS. LUCAS shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), Ohio Administrative Code (OAC), states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board. Item 5. of the November 2011 Consent Agreement states, Prior to accepting employment as a nurse, each time with every employer, MS. LUCAS shall notify the Board of the name and address of the employer in writing. Item 10. of the November 2011 Consent Agreement states, MS. LUCAS shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. Item 14. of the November 2011 Consent Agreement states, MS. LUCAS shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
Abigail C. Lucas, L.P.N. Page 4 On or about December 20, 2011, you accepted employment as a nurse from Monarch Health in Columbus, Ohio. Despite the above provisions, you failed to notify the Board, in writing, of the name and address of the nursing employer prior to accepting employment. Also, on or about January 6, 2012, in a telephone interview with your Compliance Agent, you stated that you had not really accepted a position at Monarch Health and that position was up in the air. On or about January 8, 2012, you sent an email to the Board stating that you intended to accept a nursing position as a licensed practical nurse at Monarch Health by January 9, 2012. Furthermore, as of April 16, 2012, you failed to notify the Board, in writing, of your change in employment status after you were terminated from Monarch Health on or about January 6, 2012. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), OAC, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board 4. Item 2. of the November 2011 Consent Agreement states, MS. LUCAS shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Despite this provision, on or about March 1, 2012, you failed to appear at the Boards office for your scheduled personal interview with your Board Monitoring Agent. You were sent a letter dated February 13, 2012, to your address of record notifying you of this scheduled personal interview. 5. Item 4. of the November 2011 Consent Agreement states, Within ninety (90) days from the effective date of this Consent Agreement, MS. LUCAS shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing nursing education, or other comparable courses approved in advance by the Board, taken subsequent to the effective date of this Consent Agreement: ten (10) hours of ethics/professionalism. Despite this provision, as of April 16, 2012, you have failed to submit to the Board documentation of successful completion of ten (10) hours of ethics/professionalism. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board.
Abigail C. Lucas, L.P.N. Page 5 Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #11-2017

17 Soutii 1-ligh St~ect, Suirc 400
www.n~~rsing.ohio,gw
(614) 466-3947
Colulnbus, Ohio 41215-7410
CONSENT AGREEMENT BETWEEN ABIGAIL C. LUCAS, L.P.N. APPLICANT AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between ABIGAIL C. LUCAS, L.P.N. APPLICANT (MS. LUCAS) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723.28(B)(4), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for a conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. In June 2011, MS. LUCAS submitted to the Board an Application for Licensure by Examination to F'ractice in Ohio as a Licensed Practical Nurse. MS. LUCAS knowingly and voluntarily admits that in 2009, in Fairfield County Municipal Court (Ohio), she has a misdemeanor Theft conviction related to a retail theft incident.
B.
C.
Abigail C. Lucas, L.P.N. Applicant Page 2
D.
In her statement to the Board, MS. LUCAS expressed remorse for her earlier actions and reported that at the time, she was a rebellious teenager.
E.
MS. LUCAS was permitted to take the NCLEX-PN, and on or about October 4,201 1, MS. LUCAS passed the exam. AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. LUCAS knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: Upon meeting the requirements for licensure, MS. LUCAS shall be granted a license to practice nursing as a licensed practical nurse in the State of Ohio. MS. LUCAS's license to practice nursing as a licensed practical nurse shall be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of at least one (1)year:
1.
MS. LUCAS shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MS. LUCAS shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee.
2.

3.
Within ninety (90) days prior to submitting a request for release from the probationary terms, conditions and limitations of this Consent Agreement, MS. LUCAS agrees that shelhe will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. LUCAS, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. LUCAS's criminal records check reports to the Board. MS. LUCAS agrees that a request for release from the probationary terms of this Consent Agreement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board.
Continuing Education Hours

4.
Within ninety (90) days from the effective date of this Consent Agreement, MS. LUCAS shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing
Abigail C . Lucas, L.P.N. Applicant Page 3
nursing education, or other comparable courses approved in advance by the Board, taken subsequent to the effective date of this Consent Agreement: ten (10) hours of ethicslprofessionalism. Employment Conditions
5.
Prior to accepting employment a s a nurse, each time with every employer, MS. LUCAS shall notify the Board of the name and address of the employer in writing. MS. LUCAS is under a continuing duty to provide a copy of this Consent Agreement to any new employer prior to accepting employment in a position in which a nursing license is required. MS. LUCAS shall have her ernployer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning January 1, 2012 o r within thirty (30) days of accepting nursing employment. MS. LUCAS shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement, including the date the Consent Agreement was received.
6.
7.
MS. LUCAS shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MS. LUCAS shall sign release of information forms allowing health professionals and other organizations to submit the requested documentation directly to the Board. MS. LUCAS shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. MS. LUCAS shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to einployers or potential employers. MS. LUCAS shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communicatio~~s required by this Consent Agreement shall be made to the Compliance Unit of the Board.
8.
9.
10.
11.
12.
MS. LUCAS shall submit the reports and documentation required by this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. MS. LUCAS shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MS. LUCAS shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
13.
14.
Temporarv Practice Restrictions MS. LUCAS shall not practice nursing as a licensed practical nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. LUCAS to provide nursing services for fees, compensation, or other consideration or as a volunteer. MS. LUCAS shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY MS. LUCAS agrees that his license to practice nursing as a licensed practical nurse will be automatically suspended if it appears to the Board that MS. LUCAS has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. LUCAS via certified mail of the specific nature of the charges and automatic suspension of his license. Upon receipt of this notice, MS. LUCAS may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MS. LUCAS appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.

The terms, limitations, and conditions, of this Consent Agreement, may be modified or terminated, in writing, at any time upon the agreement of both MS. LUCAS and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (1) the Board determines that MS. LUCAS has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. LUCAS is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MS. LUCAS and review of the repolts as required herein. Any period during which MS. LUCAS does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
ACKNOWLEDGMENTSLIABILITY RELEASE MS. LUCAS acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MS. LUCAS waives all of her rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement. MS. LUCAS waives any and all claims or causes of action she may have against the Board, and its members, officers, employees andlor agents arising out of matters, which are the subject of this Consent Agreement.
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T o : Phalyn Wlliamr
Page 3 of 3
Abigail C . Luoas. L.P.N. Applicsrlt
Page 6
EFFECTIVE DATE
MS. EUCAS understands that this Consenl Agreement is subject to ratification by lhe Board prior to signature by the Board President and shall hecome effective upon the last
date of signatilrc below.
11-1. I I
DATE
DATE
11/02/2011
WED 0 9 : 4 9
[TS/RX NO
70501
moo3
Case# 12-000757
May 18, 2012

Debra Ann Luckett, R.N. 7150 Shepherd Lane Florence, KY 41042 Dear Ms. Luckett: You are hereby notified that, on or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a registered nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of three (3) years. A. Item 6. of the November 2011 Consent Agreement states, MS. LUCKETT shall abstain completely from the use of alcohol or products containing products. Item 7. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. LUCKETT shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MS. LUCKETTs initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. LUCKETT shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MS. LUCKETT. Despite these provisions, on the following dates, you provided urine specimens for analysis to Firstlab, the Boards random drug/alcohol screen program administrator, that tested positive for Ethyl Glucuronide (Alcohol): January 30, 2012; March 19, 2012; April 9, 2012; and April 20, 2012. In an e-mail sent to a Board Compliance Agent, through your attorney, dated March 27, 2012, you admitted to ingesting Alcohol over the past month on a few occasions.
Debra Ann Luckett, R.N. Page 2 B. Also, on the following dates, you failed to call Firstlab, to determine if you had been selected to provide a urine specimen: February 6, 2012; April 2, 2012; April 14, 2012; April 21, 2012; and April 23, 2012. C. Furthermore, on the following dates, you were selected to provide a urine specimen for analysis and failed to do so: December 30, 2011 and April 19, 2012. D. Item 9. of the November 2011 Consent Agreement states, Within three (3) months of the effective date of this Consent Agreement, MS. LUCKETT shall, at her expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. LUCKETT shall provide the chemical dependency professional with a copy of this Consent Agreement and assessments, evaluations, and treatment records from St. Elizabeth Healthcare. Further, MS. LUCKETT shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MS. LUCKETTs license to practice, and stating whether MS. LUCKETT is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. Despite this provision, as of May 8, 2012, the Board has not received an opinion from a chemical dependency professional that includes diagnoses, recommendations for treatment and monitoring, additional restrictions that should be placed on your license, and an opinion regarding whether you are capable of practicing nursing according to safe and prevailing standards of safe nursing care. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the November 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 6., 7. and 9. of the November 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-332213, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a registered nurse without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place
Debra Ann Luckett, R.N. Page 3 restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a registered nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of three (3) years. 2. Item 6. of the November 2011 Consent Agreement states, MS. LUCKETT shall abstain completely from the use of alcohol or products containing products. Item 7. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. LUCKETT shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MS. LUCKETTs initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. LUCKETT shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MS. LUCKETT. Despite these provisions, on the following dates, you provided urine specimens for analysis to Firstlab, the Boards random drug/alcohol screen program administrator, that tested positive for Ethyl Glucuronide (Alcohol): January 30, 2012; March 19, 2012; April 9, 2012; and April 20, 2012. In an e-mail sent to a Board Compliance Agent, through your attorney, dated March 27, 2012, you admitted to ingesting Alcohol over the past month on a few occasion. 3. Also, on the following dates, you failed to call Firstlab, to determine if you had been selected to provide a urine specimen: February 6, 2012; April 2, 2012; April 14, 2012; April 21, 2012; and April 23, 2012. 4. Furthermore, on the following dates, you were selected to provide a urine specimen for analysis and failed to do so: December 30, 2011 and April 19, 2012. 5. Item 9. of the November 2011 Consent Agreement states, Within three (3) months of the effective date of this Consent Agreement, MS. LUCKETT
Debra Ann Luckett, R.N. Page 4 shall, at her expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. LUCKETT shall provide the chemical dependency professional with a copy of this Consent Agreement and assessments, evaluations, and treatment records from St. Elizabeth Healthcare. Further, MS. LUCKETT shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MS. LUCKETTs license to practice, and stating whether MS. LUCKETT is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. Despite this provision, as of May 8, 2012, the Board has not received an opinion from a chemical dependency professional that includes diagnoses, recommendations for treatment and monitoring, additional restrictions that should be placed on your license, and an opinion regarding whether you are capable of practicing nursing according to safe and prevailing standards of safe nursing care. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a
Debra Ann Luckett, R.N. Page 5 registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4552 Attorney Certified Mail Receipt No. 7011 2970 0003 1733 4569 cc: Stacey Borowicz, Esq. Henry G. Appel, Assistant Attorney General
Case #11-002748

17 Soulh High S11,eet.S111te 400
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www.n~~ssing.ohio,gov
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Coili~nbu.;. Ohio 43215-74111 * (614) 466-947
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CONSENT AGREEMENT BETWEEN DEBRA ANN LUCKETT, R.N. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between DEBRA ANN LUCKETT, E.N. (MS. LUCKETT) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723,28(B)(10), ORC, authorizes the Board to discipline a licensee for impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care because of habitual or excessive use of drugs, alcohol, or other chemical substances that impair the ability to practice. $ $atc nursing as a registered MS. LUCKETT was initially licensed $ % ?cie nurse in the State of Ohio, RN-332213, in April 2007. MS. LUCKETT's license as a registered nurse is active. MS. LUCKETT acknowledges and admits the following: 1. MS. LUCKETT admits that she is Alcohol dependent. In July 2009 MS. LUCKETT was charged with Driving Under the Influence in Greensburg, Indiana and pled guilty to that charge in August 2009. In September 2009, MS. LUCKETT completed Intensive Outpatient therapy with St. Elizabeth Healthcare.
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DEBRA ANN LUCKETT, R.N. Page 2
2. In April 2010, MS. LUCKETT was charged with Driving under the Influence in Boone County, Kentucky and pled guilty to that charge in August 2010. In July 2010, MS. LUCKETT completed 26 sessions of Aftercare with St. Elizabeth Healthcare. Also in 2010, MS. LUCKETT also completed ten sessions of Kentucky's "driving school." 3. MS. LUCKETT states that she is currently working with her psychiatrist to manage her Alcohol dependence. MS. LUCKETT states that upon her psychiatrist's recommendation, she participated in thirty AA meetings in thirty days and continues to attend two meetings a week. MS. LUCKETT has submitted a letter of support from a member of the AA support group she attends.
4. MS. LUCKETT reported her two convictions to the Board on her Ohio renewal application submitted in August 201 1. 5. MS. LUCKETT also has lapsed licenses in Texas, Arizona, Maryland, New York, Florida, California, and California and an active license in Kentucky. AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. LUCKETT knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: MS. LUCKETT's license to practice nursing as a registered nurse shall be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of three (3) years: 1.
MS. LUCKETT shall obey all federal, slate, and local laws, and all lhws a ~ d rules governing the w i c e of nursing in Ohio.
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MS. LUCKETT shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. MS. LUCKETT agrees that she will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. LUCKETT, including a check of Federal Bureau of Investigation (FBI) records, and shall request BCII to submit MS. LUCKETT's criminal records check reports to the Board. MS. LUCKETT's completed criminal records check, including the FBI check, must be received
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by the Board within six (6) months following the effective date of the Consent Agreement or prior to release from these probationary terms. Educational Requirement 4. Within six (6) months of the effective date of this Consent Agreement, MS. LUCKETT shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing nursing education, or another comparable course approved in advance by the Board or its designee, taken subsequent to the effective date of this Consent Agreement: fifteen (15) hours of Chemical Dependency and five (5) hours of Professionalism.
Monitoring 5.
MS. LUCKETT shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to her by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MS. LUCKETT. MS. LUCKETT shall self-administer the prescribed drugs only in the manner prescribed. MS. LUCKETT shall abstain completely from the use of alcohol or products containing alcohol.
Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period MS. LUCKETT shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MS. LUCKETT's mitiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-~n process. The speclrnens submitted by MS. LUCKETT shall be negative, except for substancetbrescribed, administered, or dispensed to her by another so authorized by law who has rece~veda complete copy of this Consent Agreement prior to prescribing for MS. LUCKETT. a. Prior to MS. LUCKETT initiating drug screening, MS. LUCKETT shall provide a copy of this Consent Agreement to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for
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any and all substances prescribed, administered, or dispensed to MS. LUCKETT. b. After initiating drug screening, MS. LUCKETT shall be under a continuing duty to provide a copy of this Consent Agreement, prior to initiating treatment, to additional treating practitioners, and to update the list of treating ~ractitionerswith the Board within forty-eight (48) hours of being treated by &other practitioner. Further, MS. LUCKEFT notify the ~ G a r d any shall of and all medicatiods) or prescri~tion(s) received within twenty-four (24) hours ., .. of release from hospitalization or medical treatment.
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Within thirty (30) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. LUCKETT shall attend a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board or its designee, or a Twelve Step program, and MS. LUCKETT shall provide satisfactory documentation of such attendance to the Board beginning within six (6) months of the effective date of this Consent Agreement and every six (6) months thereafter. Within three (3) months of the effective date of this Consent Agreement, MS. LUCKETT shall, at her expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. LUCKETT shall provide the chemical dependency professional with a copy of this Consent Agreement and assessments, evaluations, and treatment records from St. Elizabeth Healthcare. Further, MS. LUCKETT shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MS. LUCKETT's license to practice, and stating whether MS. LUCKETT is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
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MS. LUCKETT ~ h i l ? ~ r o v i dthe Board with satisfactory documentation of e compliance with all aspects of the treatment plan developed by the chemical dependency professional described above until released. Further, MS. LUCKETT agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MS. LUCKETT's license and that the terms, conditions, and limitations may be incorporated in an addendum to this Consent Agreement.
DEBRA ANN LUCKETT, R.N. Page 5 Employment Conditions 11.
MS. LUCKETT shall notify the Board, in writing, of the name and address of any current employer within thirty (30) days following the effective date of this Consent Agreement, or any new employer prior to accepting employment. MS. LUCKETT, within fifteen (15) day of the effective date of the Consent Agreement, if working in a position in which a nursing license is required, shall provide her employer(s) with a copy of this Consent Agreement. Further, MS. LUCKETT is under a continuing duty to provide a copy of this Consent Agreement to any new enlployer prior to accepting nursing employment. MS. LUCKETT shall have her employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning within thirty (30) days of the effective date of this Consent Agreement or beginning within thirty (30) days of working in a nursing position. MS. LUCKETT shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement, including the date Consent Agreement was received.
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MS. LUCKETT shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MS. LUCKETT shall sign release of information forms allowing health professionals and other organizations to submit the requested documentation directly to the Board. MS. LUCKETT shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. MS. LUCKETT shall not submit br cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MS. LUCKETT shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board. MS. LUCKETT shall submit the reports and documentation required by this Consent Agreement or any other documents required by the Board to the
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DEBRA ANN LUCKETT, R.N. Page 6 attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. 19. 20.
MS. LUCKETT shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MS. LUCKETT shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
Nursing Refresher Course Upon the request of the Board or its designee, MS. LUCKETT shall complete and submit satisfactory documentation of completion of nurse refresher courses or an extensive orientation to be approved in advance by the Board, or its designee. Temporary Practice Restrictions Unless otherwise approved in advance, in writing, by the Board or its designee, MS. LUCKETT shall not practice nursing as a registered nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. LUCKETT to provide nursing services for fees, compensation, or other consideration or who engage MS. LUCKETT as a volunteer. Unless otherwise approved in advance, in writing, by the Board or its designee, MS. LUCKETT shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY
MS. LUCKETT agrees that her license to practice nursing as a registered nurse will be automatically suspended if it appears to the Board that MS. LUCKETT has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. LUCKETT via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. LUCKETT may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723,28(B), ORC. If, in the discretion of the Board, MS. LUCKETT appears to have violated or breached any terms or conditions of this Consent Agreement, the
Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.

The terms, limitations, and conditions, of this Consent Agreement may be modified or terminated, in writing, at any time upon the agreement of both MS. LUCKETT and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (1) the Board determines that MS. LUCKETT has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. LUCKETT is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MS. LUCKETT and review of the reports as required herein. Any period during which MS. LUCKETT does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
MS. LUCKETT acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MS. LUCKETT waives all of her rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement. MS. LUCKETT waives any and all claims or causes of action she may have against the Board, and its members, officers, employees andlor agents arising out of matters, which are the subject of this Consent Agreement.
EFFECTIVE DATE MS. LUCKETT understands that this Consent Agreement is subject to ratification by the Board prior to signature by the Board President and shall become effective upon the last date of signature below.
//-/-I(
DATE Attorney for Debra Ann Luckett, R.N.
BERTHA LOVELACE. President Ohio Board of Nursing
DATE
Case #12-000271
May 18, 2012

Lesley Marie Madewell, L.P.N. 7990 Blackshear Drive Huber Heights, Ohio 45424 Dear Ms. Madewell: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. While working as a nurse at Walnut Creek Senior Living Campus, Kettering, Ohio, you diverted Tramadol (Ultram) for your personal use. On February 8, 2012, you provided to the Board a written statement in which you admit to diverting Tramadol in December 2011 and January 2012. You admit that you would divert 5 to 10 Tramadol tablets during your shift, 1 to 2 times each week. You also admitted to ingesting Tramadol one time while working as a nurse, but otherwise would ingest Tramadol after work. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in
Lesley Marie Madewell, L.P.N. Page 2 writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #10-4425
May 18, 2012

Kiesha Dean Martin (aka Kiesha Collier), L.P.N. 32629 Irma Avenue Youngstown, Ohio 44502 Dear Ms. Martin: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about April 12, 2012, in the Court of Common Pleas Mahoning County Case Number 11 CR 270, you pled guilty to two (2) counts of Illegal Processing of Drug Documents, felonies of the fourth degree, in violation of Section 2925.23(A)(F)(1), ORC, and two (2) counts of Theft of Drugs to wit: Percocet, felonies of the fourth degree, in violation of Section 2913.02(A)(2)(B)(6), ORC; and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Illegal Processing of Drug Documents, felonies of the fourth degree, in violation of Section 2925.23(A)(F)(1), ORC, and Theft of Drugs to wit: Percocet, felonies of the fourth degree, in violation of Section 2913.02(A)(2)(B)(6), ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-105015, IS HEREBY SUSPENDED. Continued practice after
Kiesha Dean Martin (aka Kiesha Collier), L.P.N. Page 2 receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about April 12, 2012, in the Court of Common Pleas Mahoning County Case Number 11 CR 270, you pled guilty to two (2) counts of Illegal Processing of Drug Documents, felonies of the fourth degree, in violation of Section 2925.23(A)(F)(1), ORC, and two (2) counts of Theft of Drugs to wit: Percocet, felonies of the fourth degree, in violation of Section 2913.02(A)(2)(B)(6), ORC; and were found eligible for Intervention in Lieu of Conviction. The acts underlying the above criminal case occurred on or about September 7, 2010, and involve you engaging in theft of Percocet. Further acts underlying this case involve you making a false statement in a prescription, order, report, or record involving a Schedule II substance, to wit: Percocet. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about October 7, 2010, you were interviewed by a Board Compliance Agent regarding your conduct while employed as a licensed practical nurse at Valley Renaissance Healthcare Center, Youngstown, and admitted the following: (a) You falsified Controlled Drug Records to make the narcotic count appear accurate; (b) You would frequently fail to document administrations of narcotics and other prn medications to patients.
Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Ohio Administrative Code (OAC), Rule 4723-4-06(E), states that a licensed nurse shall, in a complete, accurate, and timely manner, report and document nursing assessments or observations, the care provided by the nurse for the client, and the client's response to that care. Rule 4723-4-06(G), OAC, states that a licensed nurse shall not falsify any client record or any other document prepared or utilized in the course of, or in conjunction with, nursing practice. This includes, but is not
Kiesha Dean Martin (aka Kiesha Collier), L.P.N. Page 3 limited to, case management documents or reports or time records, reports, and other documents related to billing for nursing services. Rule 4723-4-06(H), OAC, states that a licensed nurse shall implement measures to promote a safe environment for each client. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #10-5207; 12-001028
May 18, 2012

Cynthia Lorraine Mattoni (aka Cynthia I. Mattoni) 3193 Saint Mikala Ct Twinsburg, OH 44087 Dear Ms. Mattoni: On or about April 10, 2012, the Ohio Board of Nursing (Board) issued to you a Notice of Immediate Suspension and Opportunity for Hearing, a copy of which is attached hereto and incorporated herein. You are notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28 of the Ohio Revised Code, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse, your certificate of authority to practice as a certified nurse practitioner, and your certificate to prescribe; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 7, 2012, in Summit County Court of Common Pleas Case Number CR 11 10 2942, you pled guilty to one (1) count of Illegal Processing of Drug Documents, a felony of the fifth degree, in violation of Section 2925.23(B)(1), ORC; and one (1) count of Deception to Obtain a Dangerous Drug, a felony of the fifth degree, in violation of Section 2925.22, ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or about November 1, 2010, and involve you making, uttering, selling, or possessing a false or forged prescription for Hydrocodone/Tussionex. Further acts underlying this case involve you using deception to procure the administration of, a prescription for, or the dispensing of Hydrocodone/Tussionex, or possessing an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for
Cynthia Lorraine Mattoni (aka Cynthia I. Mattoni) Page 2 conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. While employed at a Minute Clinic in Akron, Ohio, as an advanced practice nurse, you engaged in deception to obtain a prescription for yourself for Tussionex. On or about April 25, 2011, you spoke with a Board Compliance Agent. You admitted that calling-in a prescription for Tussionex for yourself was a dumb lapse in judgment and a huge no-no.
Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov.
Cynthia Lorraine Mattoni (aka Cynthia I. Mattoni) Page 3 If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse, your certificate of authority to practice as a certified nurse practitioner, and your certificate to prescribe; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Board Member Certified Mail Receipt No. 7011 2970 0003 1733 4675 Attorney 1 Certified Mail Receipt 7011 2970 0003 1733 4682 Attorney 2 Certified Mail Receipt 7011 2970 0003 1733 4699 cc: Henry G. Appel, Assistant Attorney General Christopher B. Congeni, Esq. Jeana M. Singleton, Esq.
Cases #09-4747; #11-002543
May 18, 2012

Marlina Annette Medrano, L.P.N. 1729 Greer Drive W. Newark, Ohio 43055 Dear Ms. Medrano: In accordance with Chapter 119, Ohio Revised Code (hereinafter ORC), you are hereby notified that the Ohio Board of Nursing (hereinafter Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about February 19, 2011, you were assigned to provide home nursing care to Patient #1 [see Attached Patient Key to Remain Confidential and Not Subject to Public Disclosure], as a licensed practical nurse through Maxim Healthcare Services (Maxim). The patient was ordered to receive a 5-day course of Orapred twice daily, beginning on February 17, 2011. You failed to administer Orapred to Patient #1 on February 19. You did not notify the patients physician or any other member of the healthcare team that you failed to administer the medication. You stated in a letter to the Board, dated August 4, 2011, that: I could not call the childs physician due to it being a weekend. I know for a fact the medication was not in the designated drawer at the time. I do not recall reporting this finding to the on-coming nurse. Despite your statement, the nurses caring for Patient #1 immediately prior to and after you, documented the administration of Orapred to Patient #1 as scheduled. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(F), Ohio Administrative Code (OAC), states that a licensed nurse shall, in an accurate and timely
Marlina Annette Medrano, L.P.N. Page 2 manner, report to the appropriate practitioner errors in or deviations from the current valid order. Rule 4723-4-04(C), OAC, states that a licensed practical nurse shall demonstrate competence and accountability in all areas of practice in which the nurse is engaged which includes, but is not limited to, the following: (1) Consistent performance of all aspects of nursing care; and (2) Appropriate recognition, referral or consultation, and intervention, when a complication arises. Rule 4723-4-08 (A), OAC, states in pertinent part, that the licensed practical nurse shall contribute to the nursing process in the practice of nursing as set forth in division (F) of section 4723.01 of the Revised Code and in the rules of the board . . . The following standards shall be used by a licensed practical nurse in utilization of the nursing process: (3) Implementation: The licensed practical nurse shall, in an accurate and timely manner, implement the nursing plan of care, which may include: (a) Administering medications and treatments prescribed by an individual who is authorized to practice in this state and is acting within the course of the individual's professional practice. Rule 4723-404(G), OAC, states that a licensed practical nurse shall, in a timely manner report to and consult as necessary with other nurses or other members of the health care team and make referrals as appropriate. 2. On or about December 17, 2010, a report was made to Maxim that, while caring for a home care patient, you mooned the patient and his father, noting only your underwear was showing. It was reported that this incident occurred on December 6, 2010. You admitted to the Director of Clinical Services for Maxim that you smacked your butt and showed your underwear when the patients father was present, but stated that the father did not see your underwear, and that the conversation went too far. On or about January 3, 2011, you signed a Disciplinary Action Form acknowledging that you had received notice that, among other things, you did expose an inappropriate body area on December 6, 2010. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(I), OAC, states that a licensed nurse shall delineate, establish, and maintain professional boundaries with each client. 3. Effective October 7, 2009, you were removed from the position of licensed practical nurse at the Ohio Department of Rehabilitation and Correction, Corrections Medical Center, Columbus, due to issues related to your nursing practice. These issues date back to in or about 2008 and include, but are not limited to, the following: a. On or about January 11, 2009, you administered Valium tablets to unknown patients, instead of administering 50 mg Ultram tablets to the patients for whom the medication was ordered. The March 11, 2009 Fact Finders Report indicates that you admitted that this error occurred when you failed to follow the five rights of medication administration. In a written statement dated March 19, 2009, you indicate that:
Marlina Annette Medrano, L.P.N. Page 3 I had misplaced (4) Valium 5mg tablets . . . I had (4) Ultram 10 mg tablets more than on count. This indicated that I had given the Valium tabs rather than the Ultram. All patients receiving Ultram was ordered (2) 50mg tabs, so I realized that two patients had received the wrong medication. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(H), OAC, states that a licensed nurse shall implement measures to promote a safe environment for each client. Rule 4723-4-04(C), OAC, states, in pertinent part, that a licensed practical nurse shall demonstrate competence and accountability in all areas of practice in which the nurse is engaged which includes, but is not limited to, the following: (1) Consistent performance of all aspects of nursing care. Rule, 4723-4-08 (A), OAC, states in pertinent part, that the licensed practical nurse shall contribute to the nursing process in the practice of nursing as set forth in division (F) of section 4723.01 of the Revised Code and in the rules of the board . . . The following standards shall be used by a licensed practical nurse in utilization of the nursing process: (3) Implementation: The licensed practical nurse shall, in an accurate and timely manner, implement the nursing plan of care, which may include: (a) Administering medications and treatments prescribed by an individual who is authorized to practice in this state and is acting within the course of the individual's professional practice. b. In or about June 23, 2009, you wrote Patient #2s June 23, 2009 physicians order for Glucotrol XL 5mg, as Glucotrol 5mg on the patients medication administration record (Kardex). Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-04(C), OAC, states, in pertinent part, that a licensed practical nurse shall demonstrate competence and accountability in all areas of practice in which the nurse is engaged which includes, but is not limited to, the following: (1) Consistent performance of all aspects of nursing care. Rule 47234-06(H), OAC, states that a licensed nurse shall implement measures to promote a safe environment for each client. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is
Marlina Annette Medrano, L.P.N. Page 4 permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #11-000945
May 18, 2012

Helen Doreal Meenach, L.P.N. 539 E. Robb Ave. Lima, Ohio 45801 Dear Ms. Meenach: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 21, 2011 you sent an email to the Board that contained the following information: Yes, I admit to having an opioid dependency and I have been activily [sic] seeking medical, spiritual and counciling [sic] help. My drug of choice was (ultram)I have a drug problemI fully admit to abusing my own medications [Parenthesis in original]. On or about March 22, 2011 you sent an email to the Board that contained the following information: [A]ll I had in me was my own medications in which I admit freely to abusingAgain I admit to (abusing) my own drugs@ which I always had available because of my doctors and www.eztramadol.comAnyway I am ashamed of my addiction and I am trying fearlessly to get the help I need. . . [Parenthesis in original]. On or about March 21, 2011, you were interviewed by a Board Compliance Agent regarding issues related to your nursing practice in or about February 2011 at Wyngate Senior Living Community, Lima. You stated that 20 pills were missing, and that while working on the dates in question, you were not there, your documentation was not the best, your thoughts were unclear, you were vomiting, and close to having a seizure. You stated that your seizures were from Ultram withdrawals. On or about March 22, 2011 you sent an email to the Board that stated, I also freely admit to not always doing a full narc-count with oncoming and off-going nurses expecially [sic] on 2nd shift and nights. I know that is wrong Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in
Helen Doreal Meenach, L.P.N. Page 2 any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(9), ORC, authorizes the Board to discipline a licensee for habitual indulgence in the use of controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs ability to practice. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-04(B), Ohio Administrative Code, states that a licensed practical nurse shall maintain current knowledge of the duties, responsibilities, and accountabilities for safe nursing practice. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case# 12-001253
May 18, 2012

Carrie Marie Meyer, R.N. 935 N. Oak Drive Villa Hills, KY 41017 Dear Ms. Meyer: You are hereby notified that, on or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a registered nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of one (1) year. A. Item 1. of the November 2011 Consent Agreement states, MS. MEYER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for any violation of this chapter or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), Ohio Administrative Code (OAC), states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board or any representative of the board. Item 5. of the November 2011 Consent Agreement states, MS. MEYER shall abstain completely from the use of alcohol or alcohol containing products. Item 6. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. MEYER shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MS. MEYERs initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. MEYER shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MS. MEYER. Item 14. of the November 2011 Consent Agreement states, MS. MEYER shall not submit or cause to be submitted any false,
Carrie Marie Meyer, R.N. Page 2 misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. Despite these provisions, on March 1, 2012, you provided a urine specimen for analysis to Firstlab, the Boards random drug/alcohol screen program administrator, that tested positive for Ethyl Glucuronide (Alcohol). On or about March 8, 2012, you submitted a written statement to your Monitoring Agent indicating that: I am writing today after receiving a call that my urine drug screen came back positive on March 1st. I do not understand how this could have happened as I am not using any illegal substances or any alcohol. Despite this statement, you wrote again to your Monitoring Agent on or about March 28, 2012, stating that: Carrie Meyer am writing to admint [sic] to drinking 1.5 glasses of wine on 2/29 . . . this is NOT a normal occurrence . . . I did not and will never again drink and drive . . . Aside from the particular night in question, I have completely abstained from alcohol . . . Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for any violation of this chapter or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), OAC, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board or any representative of the board. In accordance with the paragraph under FAILURE TO COMPLY of the November 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 1., 5., 6. and 14. of the November 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-315816, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a registered nurse without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a registered
Carrie Marie Meyer, R.N. Page 3 nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of one (1) year. 2. Item 1. of the November 2011 Consent Agreement states, MS. MEYER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for any violation of this chapter or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), Ohio Administrative Code, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board or any representative of the board. Item 5. of the November 2011 Consent Agreement states, MS. MEYER shall abstain completely from the use of alcohol or alcohol containing products. Item 6. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. MEYER shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MS. MEYERs initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. MEYER shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MS. MEYER. Item 14. of the November 2011 Consent Agreement states, MS. MEYER shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. Despite these provisions, on March 1, 2012, you provided a urine specimen for analysis to Firstlab, the Boards random drug/alcohol screen program administrator, that tested positive for Ethyl Glucuronide (Alcohol). On or about March 8, 2012, you submitted a written statement to your Monitoring Agent indicating that: I am writing today after receiving a call that my urine drug screen came back positive on March 1st. I do not understand how this could have happened as I am not using any illegal substances or any alcohol. Despite this statement, you wrote again to your Monitoring Agent on or about March 28, 2012, stating that: Carrie Meyer am writing to admint [sic] to drinking 1.5 glasses of wine on 2/29 . . . this is NOT a normal occurrence . . . I did not and
Carrie Marie Meyer, R.N. Page 4 will never again drink and drive . . . Aside from the particular night in question, I have completely abstained from alcohol . . . Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for any violation of this chapter or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), OAC, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board or any representative of the board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #11-002883

17 South I~ligliSlred. Suite 400
w~w.~~u,-~i~7g.o~io.gov
(614) 460-3947
Col~isiibus.Ohio 43235-7410
CONSENT AGREEMENT BETWEEN CARRIE MARIE MEYER, RON. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between CARRIE MARIE MEYER, R.N. (MS. MEYER) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder.
MS. MEYER voluntarily enters into this Consent Agreement being fully informed of her rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein.
This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement.
BASIS FOR ACTION

This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723,28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. B. MS. MEYER has been licensed to practice nursing as a registered nurse in the State of Ohio, RN-315816, since January 2005. MS. MEYER has an active license as a registered nurse. C . MS. MEYER reported on her renewal application that, in August 2009, she pled no contest to one Count of Operating a Vehicle under the Influence in Hamilton County Municipal Court Case No Cl09iTRCl22554lA. MS. MEYER states that the facts underlying incident include her breaking up with her boyfriend and choosing to drink and drive.
Carrie Marie Meyer, R.N Page 2
D. MS. MEYER also reported that, in February 2011, she pled guilty to and was convicted of Operating a Vehicle While Intoxicated in Dearborn (Indiana) Circuit Court, Case No. 1011-FD-265. MS. MEYER states that the facts underlying this incident include her consuming wine during dinner with her grandfather and telling the police officer that she had had a drink prior to driving when she was pulled over for speeding. AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. MEYER knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: MS. MEYER's license to practice nursing as a registered nurse shall be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of one (1) year: 1.
MS. MEYER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MS. MEYER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. MS. MEYER shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing nursing education taken subsequent to the effective date of this Consent Agreement: one (1) hour Ohio Law and Rules and ten (10) hours of Chemical Dependency.
2.
3.
Monitoring
4.
MS. MEYER shall abstain completely froin the personal use or possession of drugs, except those prescribed, administered, or dispensed to her by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MS. MEYER. MS. MEYER shall selfadminister the prescribed drugs only in the manner prescribed. MS. MEYER shall abstain completely from the use of alcohol or alcohol containing products. Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. MEYER shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MS. MEYER's initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the
5.
6.
Carrie Marie Meyer, R.N Page 3 Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. MEYER shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for MS. MEYER. a. Prior to MS. MEYER initiating drug screening, MS. MEYER shall provide a copy of this Consent Agreement to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MS. MEYER. b. After initiating drug screening, MS. MEYER shall be under a continuing duty to provide a copy of this Consent Agreement, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. Further, MS. MEYER shall notify the Board of any and all medication(s) or prescription(s) received within twenty-four (24) hours of release from hospitalization or medical treatment
7.
Within three (3) months of the effective date of this Consent Agreement, MS. MEYER shall, at her expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. MEYER shall provide the chemical dependency professional with a copy of this Consent Agreement. Further, MS. IMEYER shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MS. MEYER's license to practice, and stating whether MS. MEYER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. MS. MEYER shall provide the Board with satisfactory docu~nentationof coinpliance with all aspects of the treatment plan developed by the chemical dependency professional described above until released. Further, MS. MEYER agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MS. MEYER's license and that the terms, conditions, and limitations may be incorporated in an addendum to this Consent Agreement or into the probationary reinstatement consent agreement.
8.
Carrie Marie Meyer, R.N Page 4
9.
MS. MEYER shall notify the Board, in writing, of the name and address of any current employer within forty-five (45) days following the effective date of this Consent Agreement, or any new employer prior to accepting
employment.
10.
MS. MEYER, within fifteen (15) day of the effective date of the Consent Agreement, if working in a position in which a nursing license is required, shall provide her employer(s) with a copy of this Consent Agreement. Further, MS. MEYER is under a continuing duty to provide a copy of this Consent Agreement to any new employer prior to accepting nursing employment. MS. MEYER shall have her employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning thirty (30) days from the effective date of this Consent Agreement or beginning within thirty (30) days of working in a nursing position. MS. MEYER shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement, including the date they were received.
11.
MS. MEYER shall report to the Board, in writing, any violation of this
12.
MS. MEYER shall sign release of information forms allowing health

13.
MS. MEYER shall submit any and all information that the Board may request
14.
MS. MEYER shall not submit or cause to be submitted any false, misleading,
or deceptive statements, information, or documentation to the Board or to employers or potential employers.
15.
MS. MEYER shall submit the reports and documentation required by this
Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board.
16.
MS. MEYER shall submit the reports and documentation required by this
Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
Carrie Marie Meyer, R.N Page 5 17.
MS. MEYER shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MS. MEYER shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
18.
Temaorarv Practice Restrictions MS. MEYER shall not practice nursing as a registered nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. MEYER to provide nursing services for fees, compensation, or other consideration or as a volunteer. MS. MEYER shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include but are not limited to the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY MS. MEYER agrees that her license to practice nursing as a registered nurse will be automatically suspended if it appears to the Board that MS. MEYER has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. MEYER via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. MEYER may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MS. MEYER appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.

The terms, limitations, and conditions, of this Consent Agreement may be modified or terminated, in writing, at any time upon the agreement of both MS. MEYER and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (1) the Board determines that MS. MEYER has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. MEYER is able to practice according to acceptable and
NO.
eyer, R.N.
5764
P.
6
i
s of safe nu sing cake without Board monitoring, based upon m d review bf tho reports as required herein. Any period durin, not work in a position for which a nursing license is required periodimposed by this Consent Agreement.
probations+
ACKNO~~~LEDG,MENTSII,IABILITY RELEASE
acknowledges she has had an opportunity to ask questions Consent Agreepent and that all questions asked have been
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I
d
i
aives all of hed rights under Chapter 119, ORC, as thoy relate to matters tha are s Consent ~ ~ r d e m e n t . claimi or causes of action she may have against the Board 'and andior agents arising out of matters, which are the subje t of
2I
Agreement shalSsbe considered a public record as that term is The informatio 1 contamed herein may be reported to appropriate governmental bpdies.
I
greernent is not an adjudication order within tho meaning of *Section 219.0 based on alleged violations of this Consent Act, Chapter 119,ORC.
l'il
EFFECTIVE DATE
this Cpnsent Agreement is subject to ratification by the ?resident and shall become effective upon the last
lo/\
DATE
\\
i 1 I i a I ~i i
DATE
1 0 / 1 2 / 2 0 1 1 WED 0 8 : 4 3 [ T K / R X
NO 6 3 2 1 1 0 0 0 6
BEFORE THE OHIO BOARD OF NURSING IN THE MATTER OF: CASE # 10-0719 & 10-3057 MIAMI-JACOBS CAREER COLLEGE PRACTICAL NURSING PROGRAM ADJUDICATION ORDER This matter came for consideration before the Ohio Board of Nursing (hereinafter Board) on May 18, 2012. At such time the Board verified that it reviewed the following materials prior to consideration of this matter: Hearing Transcript; States Exhibits; Respondents Exhibits; Hearing Examiners Report and Recommendation; Objections to Report and Recommendation; Respondents Board Addresses; and States Board Addresses. Ronda Shamansky was the Hearing Examiner designated in this matter pursuant to Section 119.09, Ohio Revised Code (ORC). A true copy of the Report and Recommendation of Ronda Shamansky is attached hereto and incorporated herein. On this date, the Board ruled on a request contained in a letter dated May 1, 2012, sent to the Board by Elizabeth Collis, Esq., on behalf of MIAMI-JACOBS CAREER COLLEGE PRACTICAL NURSING PROGRAM (PROGRAM). The letter makes the following request: I am requesting the Nursing Board re-open the hearing record and present the testimony of the four witnesses to allow Respondent to cross examine each witness and also to allow Respondent an opportunity to present evidence to rebut the witnessess testimony. The request to re-open the hearing record for purposes of cross-examining members of the public who appeared at Open Forum on January 20, 2011 is denied. The rationale for this ruling is that the Program has not alleged that there is new evidence in this matter that needs to be considered by the Board, according to Section 119.09, ORC and the Order of Judge Frye, Franklin County Court of Common Pleas. Further, this Board never has, and will not, afford any consideration to remarks made by those members of the public on January 20, 2011, or to any influences perceived to be exerted by any of those members of the public at the time of the January 2011 Order, in rendering its decision.
Page 1 of 5
Further, on this date, the Board accepted all of the Findings of Fact and Conclusions of Law and modified the Recommendation in the Hearing Examiners Report and Recommendation and ORDERED that the conditional approval status of the MIAMI-JACOBS CAREER COLLEGE PRACTICAL NURSING PROGRAM (PROGRAM) is hereby withdrawn and full approval status is hereby denied, effective May 18, 2012. The rationale for this modification is as follows: 1) The Program has been provided a prolonged period of conditional approval with opportunities to correct the issues that resulted in the Programs failure to meet and maintain the minimum requirements established for licensed practical nursing education programs, and has continued to fail. See Report and Recommendation (R & R), Pages 2-5, Paragraphs # 7 through 9, 11 through 13, and 16 through 19, and Discussion, at pages 43-47. This Program was initially granted conditional approval in September 2006. Within its first year, the Board identified significant problems with the administration of the Program, its faculty, and failure to provide nursing students required clinical experience, as detailed in a Notice of Opportunity for Hearing issued in January 2008. The Board entered a Consent Agreement with the Program in March 2008 to provide the Program more time to correct these problems. Despite this, problems continued, and again, the Board offered the Program more time to correct issues by entering a March 2009 Addendum to the Consent Agreement. The Board issued Notices in March 2010 and July 2010 identifying some of the same critical problems related to the Programs administration, unqualified faculty, progression of students and clinical experiences, that had occurred since the Programs inception, in addition to new problems. The Board has no confidence that this Program, if conditional approval is extended for yet a third time, will comply with the minimum standards the Board requires to safely and effectively educate nursing students in Ohio. 2) The Program has proven to be difficult if not impossible for the Board to effectively monitor because the Program has repeatedly provided false or misleading information to the Board of Nursing, and has defied the Boards attempts to intervene. The Hearing Examiner found the Program to be disingenuous (R & R, page 45), and found that the Program continues to advance arguments based upon misrepresentations (R & R, page 46) -- on matters that go to the heart of the Program. For example, the Hearing Examiner found (Findings of Fact number 2) that the Program continued to allow an unqualified instructor to teach after the Program told the Board the individual was removed. The Hearing Examiner found that this Program has shown defiance regarding the Boards regulation of the program and has ultimately failed to act in a spirit of honest cooperation with the Board (R & R, page 46). 3) The Program has shown disregard for both the quality of education it provides to its students, and for the students themselves. The Hearing Examiner found, in Findings of Facts number 4, that the Program did not provide its students the dates the Board was coming to visit in December 2009. This deprived the students an opportunity to meet with the Board and provide honest feedback related to their educational experience. As noted in Findings of Fact number 8, the Program failed to consistently implement its own written policies for student progression and completion. This is evidenced by the colleges failure to implement consistent policies concerning student attendance at clinical experiences, and its failure to implement consistent policies concerning when a student must take the ATI exams, what level of achievement would
Page 2 of 5
be required on each test, and whether there would be any opportunities for retakes or remediation. At every juncture, the Program has used the students as an excuse for prolonging its conditional approval status, but the Program has failed to show through its actions that it is serving the best interests of the student population it serves. 4) The Board provided the Program a very ample opportunity to present evidence during a three-day administrative hearing in October 2010. The Board has considered all evidence submitted at that hearing, in addition to the Programs Objections and two Appearances before the Board, and the Program has not persuaded the Board that it has corrected, and is capable of working cooperatively with the Board to correct, the numerous deficiencies cited. As the Hearing Examiner noted, there are as many reasons to support withdrawal of conditional approval as there are reasons to support an extension of conditional approval . . . I must defer to the Boards expertise to evaluate whether the deficiencies in this program have been adequately corrected . . . (R & R, page 43). The Board in its expertise has not found evidence of adequate corrective action. 5) In making this determination, the Ohio Board of Nursing has carefully and conscientiously re-considered this matter based solely upon the evidence admitted and the testimony made under oath during the October 2010 Administrative Hearing conducted in this matter, and the Programs Objections, Appearances and Motions submitted following the hearing. No weight has been accorded by the members of this Board to remarks made by members of the public who appeared on January 20, 2011, during Open Forum, to perceived lobbying efforts or influences extraneous to the hearing, or to the original vote of the Board that occurred in January 2011. This ORDER shall become effective immediately and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.
Page 3 of 5
TIME AND METHOD TO PERFECT AN APPEAL Any party desiring to appeal shall file a Notice of Appeal with the Ohio Board of Nursing, 17 S. High St., Ste 400, Columbus OH 43215-7410, setting forth the order appealed from and the grounds of the partys appeal. A copy of such Notice of Appeal shall also be filed by the appellant with the Franklin County Court of Common Pleas, Columbus, Ohio. Such notices of appeal shall be filed within fifteen (15) days after the mailing of the notice of the Ohio Board of Nursings Order as provided in Section 119.12 of the Ohio Revised Code.
CERTIFICATION
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director ____May 18, 2012___________ Date ____
(SEAL)
Page 4 of 5
CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing Adjudication Order, concerning MIAMI-JACOBS to the following: Miami-Jacobs Career College Practical Nursing Program Attn: Brenda Cottrell, Program Administrator 401 East 3rd Street Dayton, Ohio 45402 Elizabeth Y. Collis Collis, Smiles & Collis, LLC 1650 Lake Shore Drive, Suite 225 Columbus, Ohio 43204 Janet K. Feldcamp Benesch, Friedlander, Coplan & Aronoff, LLP 41 South High Street, Suite 2600 Columbus, OH 43215-6164 CAREER COLLEGE PRACTICAL NURSING PROGRAM (PROGRAM) was sent via certified mail; return receipt requested, this _21st_ day of May, 2012
I also certify that a copy of the same was sent via regular U.S. mail this _21st_day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020.
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director hrf cc: Henry G. Appel, Assistant Attorney General
Certified Mail Receipt No. 7011 2970 0003 1733 4873 Attorney Collis Certified Mail Receipt No. 7011 2970 0003 1733 4880 Attorney Feldcamps Certified Mail Receipt No. 7011 2970 0003 1733 4897
Page 5 of 5
:,01~ N,-~v 1 5 p# 1: 14
In the Matter of Miami Jacobs Career College Practical Nursing Program, Respondent
BOARD OF NURSING OHIO

Ronda Sharnanslcy 1-Iearing Examiner Case No 10-0719
REPORT AND RECOMMENDATION
Appearances: For the Ohio Board of Nursing: Richard Cordray, OHIOATTORNEY GENERAL, Melissa Wilbum, Health & Human Services Section, 30 East Broad Street, 26'" and Floor, Columbus, Ohio 43215-3400 Telephone: (614) 466-8600: Fax: (866) 521-9869 For the Respondent-L.icensee: Elizabeth Collis, COLLIS, SMILES COLLIS, & 1650 Lake Shore Drive, Suite 225, Columbus, Ohio 43204 Telephone: (614) 486-3909; Fax: (614) 4862129.
IHearinp Date: October 13-14-15, 201 0

SUMMARY O F THE EVIDENCE
All exhibits, even if not specifically mentioned, were thoroughly reviewed and considered by the IHearing Examiner prior to preparing this Report and Recommendation.,
Background
I.
Miami .Jacobs Career College [Miami Jacobs] is a private, fo~profit college operated by Delta Career Education Corporation, with schools in several regions oitlle United States. Darlene Waite, the president of Miami Jacobs, testified that the school was founded in 1860 in Dayton, Ohio as a business college. In 1974, the college began o f k i n g a medical assisting program, and since then, it has flered training in many other areas such as veterina~y teclmology, medical billing, automotive technology, paralegal studies, cosmetology, massage therapy, and dental assisting, although the programs offered vary by location. (Transcript [Tr.] at 325-330, ,362-363, Respondent's Exhibit [Resp. Ex.] T) Many of the students who attend Miami Jacobs are students who have previously attended other educational programs. The average age of the school's students is 28. Many students are
2.
111the Matter of: Miami Jacobs C a ~ e e ~ College Practical Nursing Program Case No. 10-07 19, Page 2 unemployed or underemployed, and are seelcing to learn new slcills and begin a new career. It is strictly a commuter school, with no students residing on campus. At issue in this case is the practical nursing program that Miami .Jacobsoffers at its Dayton, Troy, and Springboro campuses. Students in the practical nursing program must complete a 15-i11011tlifulltime course of shidy in order to obtain a diploma ii.0111 college. (Tr. at 325-330, 362-363) the
New Practical Nursing Program Started in 2006
3.
The Ohio Revised Code [R.C.] grants broad authority to the Ohio Board of Nursing [Board] to license and regulate pre-license nursing education programs in this State. R C . 472.3.06(A)(4) requires the Board to establish minimum standards for nursing education programs. Subsections (A)(S), (6) and (7) authorize the Board to survey, inspect, and grant approval to those programs that meet certain criteria.. The Board has promulgated extensive administrative rules that set out the particular requirements of nurse education programs., Those Rules appear at Chapter 4723-5 of the OIlio Administrative Code [OAC]., According to R C . 4723.06(A)(6), the Board may grant "conditional approval" to a new program if the program, as described in the proposal, meets the minimum standards in the Rules. Ifthe Board grants conditional approval, the Rule further requires that, at the first Board meeting after the first class has completed the program, the Board must determine whether to grant full approval to the program. An agent for the Board is required to visit the school to conduct a Suivey Visit, to ensure that the program is compliant with the Rules contained in the OAC., The Board granted conditional al~proval Miami Jacobs to begin offering a p~actical to nursing p r o p 1 1 at its campuses in Dayton, Troy, and Springboro, Ohio, effective September 21,2006. (State's Exhibit [St. Ex.] 1 at 12)
4.
September 2007 Survey Visit and Subsequent Consent Agreement in March 2008
6.
In accordance with the administrative rules for new nursing programs, the Board conducted an announced survey visit on September 18-19, 2007, prior to the graduation ofthe first class ofstudents, and found deficiencies, which were detailed in a Survey Visit Report in October 2007. Miami .Jacobs subinitted a response, but the Board nonetheless issued a Notice of Opportunity for Hearing on January 17, 2008. (St. 1 at 12-13) Instead of proceeding with a hearing, Miami .Jacobs entered into a Consent Agreement with the Board in March 2008 (St. Ex. 1 at 1 1-17) One of the problems addressed in the Consent Agreement was a change in the scl~ool's Program Administrator, and how that change was brought to the Board's attention. Ohio Administrative Code [OAC] Rule 47235-09 requires the school to have a Progra~nAdministrator, who is held accountable for all aspects of the program. The Rule requires that the Board be notified in writing of any change in the Program Administrator, and requires the new Program Administrator's qualifications to be provided to the Board to demonstrate that the new adininistrator meets the minimum requirements for that position, as set forth in Rule 5723-5-1 1 .
7.
In the Matte1 of: Miami Jacobs Career College Practical Nursing Progiam Case No 10-07 19, Page 3
8.
In .June 2007, the Program Administrator for Miaiui Jacobs elnailed the Board lo inform it that she had resigned effective June 18, 2007. On July 23,2007 the Board received a letter froin Miami Jacobs stating that it was advertising and recruiting to locate a new Program Administrator. It was not until August 23, 2007 that the Board received a letter from Miami Jacobs identifying A. Schilling as the Interim Administrator and forwarding her qualifications However, Ms. Schilling was later found not to have met the minimum qualifications tor that position. On October 9, 2007, the Board sent a letter to Miami Jacobs, informing the college that M s Schilling did not meet the miniinurn requirements to be a Program Administrator because she did not have at least five years experience in the practice of nursing as a registered nurse, two of which inust be acquired as a faculty member o f a nursing program. (St. Ex. 1 at 12-13) Thereafter, Miami Jacobs infomied that Board that it hired a new Program Administrat01 on December 3,2007, and it claimed that the new Program Administrator met the minimum qualifications. However, that Administrator served only two months, before resigning on February 7, 2008. Later that month, Miami .Jacobs notified the Board that it had yet another Prograin Administrator, M. Seale, and forwarded her transcripts and credentials to the Board, showing that she met the qualifications to be a Program Administrator The Consent Agreement continued the scl~ool'sconditional approval status through March 2009, and provided for additional Board monitoring by requiring Miami Jacobs to submit quarterly progress reports, It also specified that the Board would conduct at least one Suivey Visit of the school, prior to the Board's consideration of tile school's status at the March 2009 Board meeting. For its part, Miami Jacobs agreed that it would info1111the Board in writing within 10 business days of'any change in its Program Administrator. It also agreed that it would not expand to any other locations prior to the Board's consideration of the prograin at its March 2009 meeting; that it would submit a detailed one-year plan for the systematic evaluation of the program; and that it would not subinit any false, misleading, or deceptive statements to the Board or to students or prospective students.
9.
10.
November 2008 Survey Visit and March 2009 Addendum to the Consent Agreement
11.
On November 5-6,2008, the Board conducted an announced survey visit to Miami Jacobs Career College, in accordance with the Consent Agreement that had been signed Later that month, the Board sent Miami .Jacobs a Survey Visit Report, identifying standards that were not being met by the program. Although Miami Jacobs provided a response to that report in February 2009, its response was found insufficient, and in March 2009, the Board and Miami .lacobs entered into an Addendum to the Consent Agreement. (St. Ex. 1 at 6-10) In the Addendum, Miami Jacobs aclcnowledged deficiencies in its maintenance of faculty files, including the fact that 40 files did not contain verification of instructors' academic credentials. It also aclcnowledged that it could not verify that some of its graduates engaged in the necessary clinical experiences as set forth in course syllabi or as required by administrative rule. 111addition, it acknowledged that it allowed a faculty member who did
12.
In the Matter of: Miami Jacobs Career College Practical Nursing Program Case No. 10-07 19, Page 4 to not have a baccalaureate degree in nu~sing teach "Nursing 125," and that it allowed another laculty member who was not a nurse but was instead a licensed dietician, to teach "Nursing 120 Nutrition" in violation of Rille 4723-5-1 1 111the Consent Agreement, Miami Jacobs afiirnled that it had replaced the unqualified instiuctors with faculty members who held baccalaureate degrees in nu~sing (St Ex 1 at 7-8) 13. The March 2009 Addendum provided that all the terms of the March 2008 Consent Agreement remained in effect, and that the Addendum imposed requirements that were "in nclclifio17to fke tenils, co17Clitio17~, l i ~ i i i t n f i set fort17 i7 the Mnrrli 2008 Coizse17f n17d o~~ r Agreerilent " Pursuant to the signing of the Addendum, the school's conditional approval status was extended for an additional year, until March 18,2010 The Addendum provided that at that time, the Board would review its status and make a decision to grant or deny full approval status. (St. Ex. 1 at 8-9) During the additional year of conditional approval, Miami Jacobs agreed not to expand its nursing program to any other locations without express approval of the Board, and it agreed to continue to provide quarterly progress reports to the Board. It also agreed to notify any facility with which it had an affiliation agreement for student clinical experiences, ofthe extension of its conditional approval status. And, once again, it agreed that it would not submit or cause to be submitted any false, misleading, or deceptive statements to its starf, students, prospective students, or to the Board. (St. Ex. 1 at 8-9)
14.
Pre-Survey Visit Report not Received; October 2009 Survey Visit Postponed to December
15.
011 June 10,2009, the Board sent a letter to Diane ~ o o l c ' the nursing Program , Administrator at that time for Miami Jacobs. (St. Ex. 10) The letter gave Ms. Cook more than four months' notice that the Board would conduct a Survey Visit on October 28-29, 2009, and that she was required to submit a Pre-Survey Visit Report no later than October 7, 2009. The letter advised her that the Pre-Survey Visit Report was required to be submitted electronically, on a CD-ROM, and described in detail the acceptable formats that could be successfi~lly accessed by the Board. It directed her to a "Pre-Survey Visit Report packet" that was available on the Board's website that would detail the infoilnation that sl~ould be included in the school's Pre-Survey Visit Repoit The letter was signed by Joyce Zurmehly, RN, PIID., who was at that time the Nursing Education Consultant assigned to this college."
At the hearing, Lisa Emrich, the Board's Programs Manager foi- the Education Unit, testified that the October 7 deadline came and went without any Pre-Survey Visit Report being submitted. At that time, Dr. Zunnehly was no longer on staffwith the Board, and Ms. Einrich was planning to do the Survey Visit herself. She said that she aslced the Board staff to forward Miami .Jacobs's Pre-Survey Visit Report to her, and she was told that none had been received. On October 15, 2009, Ms. Emrich contacted Diane Cook by email and informed her that the Board had not received the school's Pre-Survey Visit Report. Tlle
16.
'
It was agreed at the hearing that Ms Cook's fhll name is "Laura Diane Cook " On some documents and emails, she is called "Laura Cook," or "L.D. Cook." but more often she is called "Diane Cook " Dr Zilrrnelily is no longer employed by the OIiio Board of Nursing
'
111the Matter o f Miami Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 5 email was also sent to Faith Mitchell, the Campus Director at that time for Miami Jacobs It asked that the report be sent to the Board as soon as possible, and attached a copy of the Board's earlier letter, outlining the instructions for preparing and submitting the report. (Tr at 49, 55-56, St. Ex. 7) 17. Ms.. E~nrich testified that Diane Cook contacted her and told her that she had been ill and had not prepared the Pre-Survey Visit Report. By that time, however, there was not enough time for the report to be submitted and reviewed before the Survey Visit, so Ms. Emrich agreed to postpone the Survey Visit. It was agreed that the Survey Visit would instead be conducted on December 2 and 3,2009. Ms. Elnrich sent a letter, dated October 21,2009, confirming that the Survey Visit had been rescheduled and would be held on December 2-3, 2009. The letter also advised Ms. Cook that the Pre-Survey Visit Report was required to be submitted no later than November 12, 2009, and again advised her of the format requirements for the electronic submission ofthe report. (Tr. at 56-58, St. Ex. 15) Miami .Jacobs failed to submit a Pre-Survey Visit Report by the November 12, 2009 deadline. Lisa Emrich testified that she received nothing at all until November 20, 2009. On that date, she received the Pre-Survey Visit Report that appears at State's Exhibit 16. Altho~tgh date on the first page of the document is "November 1, 2009," Ms. Emrich the testified that it was not actually received until some time later. She said that there had been an attempt to submit it electronically on Nove~nber17, but the document was in a format that could 1101 be opened. Ms. Emrich identified elnail com~nunications between her assistant, Ebony Turner, and Diane Cook, in which Ms. Turner related that she was not able to open the attachment to Ms. Cook's ernail. On November 20, Ms. Cook sent the report again, with the message, "Let me lcnow if you cannot open this one," and Ms. Turner responded that it was successfully received. Therefore, The Pre-Survey Visit Report was not received in a format that could be opened until Noveinber 20, 2009. (Tr, at 58-60, 148150,229-237, St. EX.28) Ms. Emrich testified that even after Miami Jacobs submitted its Pre-Survey Visit Report, the Board found that it was not cornplete because it did not include a Part I form, which is the verification and signature page. Ms. Emrich testified that the signature page is important because it is the Prograin Administrator's affirmation that the documentation included in the report is true and correct, as of the date it was signed. Ms. Emrich's assistant, Ebony Turner, emailed Diane Cook to advise her that the signature page had 1101been included, and asked her to complete it and fax it or elnail it to her as soon as possible. Ms. Cook completed the attestation page and faxed it to the Board later in the day on November 20, 2009 (Tr. at 58-60, 148-150, St. Exs. 8, 9,16, 28)
18.
19.
Students Advised of Incorrect Date of Board's Survey Visit 20. OAC Rule 4723-5-06(B)(1) requires a school's Program Adininist~atorto noti@ students and staff of the Board's Survey Visit: Administlator (1 ) If the proglaln has two or more locations, the P~ogram shall notify the faculty and students at each plogram location of the
In the Matte1 of: Miami lacobs Ca~eer College Practical Nursing Progra~n Case No 10-07 19, Page 6 anticipated date ofthe survey. and p~ovide contact infolmation f o ~ board ihe any so that faculty and students at each location may directly fo~ward comments to the board concerning ihe proglaln 21. Miami Jacobs did notify students and faculty of the Board's upcoming Survey Visit; however, the school notified them of incorrect dates on which it would talte place. Ms. Emrich testified that she received a copy ofthe notice that appears at State's Exhibit 11 students and staffthat the survey would take place on December 1 and That notice info~med 2,2009. The Survey Visit was actually scheduled for December 2 and 3,2009, as shown by the Board's letter of October 2 1, 2009, confilming the dates ofthe visit. Ms. Ernrich sent an email to Ms. Cook to let her ltnow that the Survey Visit was actually scheduled ~ O I December 2 and 3, 2009, and to advise her that she w o ~ ~need to inform s t ~ ~ d e nand staff ld ts of the correct tlate of the visit. She explained at the hearing that it is important to provide correct dates to students or faculty who may want to provide information to the board, and that by giving an incorrect date, part of their opportunity to cornlnunicate with the Board could be cut off. She added that it is important to notify faculty members of ihe correct and dates when they must have doc~~ments materials, such as student records, available for the Board's surveyor to review. (Tr. at 60-64, St. Exs. 11, 12, 15) Ms Emrich testified that she spolte with Ms. Cook on the telephone about the incorrect "1 dates being provided in the school's notice, but that Ms. Cook's response was sin~ply, told everyone that it's the 1st and 2nd." On cross-exan~ination,Ms. Ernrich acknowledged that the result of Ms. Cook's incorrect notice would have been for the school to be ready for the Survey Visit one day enl-lier-than it occurred. She said that Ms. Cook informed her that a correction had been made, so as to notify students and faculty that the Survey Visit would take place on December 2-3,2009, but Ms. Emrich said that she had not seen the corrected notice. Miami .lacobs intl.oduced Respondent's Exhibits C-I through C-4, which are a chain of elnails between Diane Cook and other Miami .lacobs employees, including Faith Mitchell, the Campus Director. (71. at 63-64, 119-121, Resp. Exs. CI-C4) At the hearing, Faith Mitchell testified that the first time she knew of the c o ~ ~ edate was ct November 30,2009, when she received an email from Penny Audia, another Miami .Jacobs told Wed & employee, staling " D i a n e j ~ ~ s t me that the Nursing Board is not coming ~intil Thursday, not toll~orrow she thought." Ms. Mitchell stated that there were signs posted as around the building with the correct dates, and that a team went room by room to talk to the students about the upcoming visit. I-lowever, ihe signs were apparently posted on or after November 30, 2009, since Ms. Mitchell had not known of the correct tlate prior to receiving the elnail on November 30, 2009. (Resp. Ex. C-2) (Tr. at 382-383)
22.
23.
Survey Visit on December 2-3,2009
24.
Lisa Emrich testified that she went to the Dayton campus of Miami Jacobs Career College and conducted the Survey Visit on December 2 and 3, 2009. After the Survey Visit* Ms. Emrich prepared a Survey Visit Report, which appears at State's Exhibit 17. The Survey Visit Report is dated December 17, 2009, and it identifies the deficiencies that Ms. Emrich found when she conducted the Survey Visit. Miami Jacobs then su~binitted response to the a
111the Matter of: Miami Jacobs Career College Practical Nursing Program Case No. 10-07 19, Page 7 Survey Visit Report on or about February 16,2010, which appears at State's E.xhibit 13. This report was submitted, not by Diane Cook, but by Brenda Cottrell, who identified herself as the "Practical Nursing Progiam Adininistrator" for Miami Jacobs Career College, ( S t Exs. 17, 13, Tr, at 49-5 1,64) 25. The Board considered the Survey Visit Report and the response received fro111Miami .Jacobs, and issued a Notice of Opportunity for Hearing at its March 2010 meeting, citing numerous ways in which it alleged that Miami Jacobs has not complied with the requirements o f a nursing education program, as set forth in OAC Chapter 4723-5.,
Deficiencies Alleged in March 19,2010 Notice of Opportunity for Hearing

Change in Piograin Ad~ninistrator Without Notifying Board Within 10 Davs 26. OAC Rule 4723-5-09(D)(1) requires that the Board be notified in writing if a school's I'rogram Adlninistrator vacates the position, or is absent from the program for Inore than 30 consecutive business days. In the March 2008 Consent Agreement, Miami Jacobs agreed that, in addition to the req~iirementsof that Rule, it would notify the Board in writing within 10 business days of any change in its Prograin Adininistrator. ( S t Ex. 1 at 15, Agreed Conditions, Paragraph 9) Lisa Emrich testified that when she conducted the Suivey Visit 011December 2 and 3, 2009, Diane Cook was the Program Administrator. However, when she received the response to the Suivey Visit Report by electronic transmission on February 16, 2010, it was accompanied by an elnail from "Brenda Cottrell, Practical Nursing Program Administrator." ( S t Ex. 5 at 3) Ms. E.inric11 inquired about the change that same day in another email: Hello Bienda, When were you appointed as the administrator of the PN Plogram? (St. Ex. 5 at 2) Ms. Cottrell replied the following day with a message stating, "1 stepped in as Program Adininistratoi on lan~iary1 I, 201 0 " (St. Ex. 5 at 2) Ms Emrich iesponded with the following email to Ms. Cottrell, with a copy to Faith Mitchell, the Cainpus Director: Brenda and Faith, The Board's records reflect that Diane Cook is the PN [Practical Nursing] Prograin Administrator for Miaini .Jacobs. The Board has not received notification that Brenda was appointed Program Administrator ofthe PN program. Rule 4723-5-09(D) OAC requires the controlling agency to notify the Board in writing of its appointment of any vacancy in the Program Administrator posilion/appointinei~tof new administrator. In addition, paragraph 9 of the Board's March 14,2008 Consent Agreement with Miami Jacob's PN Prograin r.equires the Program to, in addition to the requirements
27.
In the Mattcr of: Miami .Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 8 of Rule 4723-5-09, to notify the Board in writing within 10 business days of any change in the Program Administrator. (St. Ex. 5 at 1-2) Faith Mitchell replied with the following:
I planned on notifying you. I requested the meeting with you to go o v a tlie changes we wele malting Our hope was to let you luiow then and sub~nit it in w~iting.B~andy I will send you the notification in writing and
(St. Ex. 5 at l)(Tr. at 50-54) 28. At the hearing, Faith Mitchell testified that she had requested a meeting with Lisa Einrich after she received tlie Survey Visit Report, but that she was not offered a meeting. (Tr, at 388-390) She identified her elnail dated January 20, 2010 to Lisa Emrich, which provided, in pertinent part, as follows: Thank you for the detailed site visit report. We were surprised to learn some of the things that were in the report. We have made some changes based on the details in the report that we would like to discuss with you, including staffing changes. If possible, we would lilce to schedule a meeting with you soon to go over the details before we prepare our response to the report due February 16,2010,, We are also working diligently on the RN application. 1 would lilce to bring Brandy Cottrell, the proposed Administrator, to meet you. Is there a time within the following schedule that would work for you[?]
***
(Resp Ex, 1 a at 2) 29 Ms. E1n1ic11denied Ms. Mitchell's request for a meeting, and explained the reason in he1 elnail dated January 22, 20 10: Regarding your request for a meeting to discuss changes you have made in response to the PN Program (Program) survey visit report, a "written" report of its survey of the Program has been issued. The Board will consider the survey report and the Program's approval status at its March 201 0 meeting during which it may also consider a "written" response that the Progra~n Administrator may choose to submit. Therefore the next step is for tlie Program Administrator to submit a written response. It is not appropriate for me to meet with you to discuss the SVR or any of your potential responses to
B~enda Comell goes by tlie nickname "Brandy " Testimony at tlie heaing estoblislied that Brenda Cottrell and Brandy Cotitell are the satlie pelson (TI at 324-325, Resp Ex T-2)
In the Matte1 of: Miami Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 9
the survey visit leport. I can however address p~oceduralquestions as I have done here. (Resl~. A-1 at 1) Ex. 30. At the hearing, Ms. Emrich explained that it would not have been appropriate for her to assist Ms. Mitchell in preparing the Program's response to the Survey Visit Report. She also explained this email came from Faith Mitchell, the Campus Director who is not a nurse, and that the Board's policy is to corn~n~~nicate through the Program Administrator, who is held responsible for all aspects of the nursing program, pursuant to the administrative rules. She referred to this in her responding email, advising Ms. Mitchell, "[I]t is imperative that any concerning a program's compliance with the requirements of and all Board co~n~nunications Chapter 4723-5 OAC : " be with and inclusive of Miami .Jacob's Program Ad~~~inistrator." " (Tr. at 103-105, Resp. Ex. A-I) Miami .Jacobs submits that the email from Faith Mitchell on January 20, 201 0 effectively did provide the Board with notice of the new Program Administrator, but Lisa Emrich ~naintained it did not: that
Q: " " " So a couple of questions here. First, you ltnew, though, before you sent this February 22nd email, you ltnew from a previous email that you received where she requested the meeting that a new program administrator had been named; is that correct? A: That's not correct., Q: Okay. A: In this email to me on .January the 20th she wanted to meet with me, she wanted to go over the details of the survey visit before they pl.epared their report. Q: Olcay. A: And then she goes on to say she would like to bring Brandy Cottrell, the, quote, "proposed Administrator." That does not tell me that the program has appointed a new program administrator.,
31.
(Tr. at 106-107) 32. At the hearing, some attention was given to the fact that Faith Mitchell's email on .January 20, 2010 referred to Brandy Conrell as "the proposed Administrator," (emphasis added) and yet there is no dispute that Ms. Cottrell had already begun serving as the Program Administrator on January 11, 2010. (Tr. at 364, 367) Ms. Mitchell explained why she called Ms. Cottrell the "proposed" ad~ninistrator even though she had already been on the job for nine days by that time:
Q: Why did you call Brandy Cottrell the proposed Program Administrator when you wrote to Lisa Emrich on January 20,2010? A: I think it was out olhabit because in the past we never actually presented the offer to the adlninistrator until we ran their credentials th~ougll Board the
In the Matter of: Miami Jacobs Career College Plactical Nursing Program Case No. 10-07 19. Page 10 But in this case we lcnew that we could not be without an administrator so when we terminated Ms. Cook, we immediately presented the offer to Ms. Cottrell. So I think I just used "proposed" out of habit because that's what we had done in the past, (Tr at413) Darlene Waite, the president of Miami Jacobs Career College, also testified at the hearing She admitted that the ernail in which Ms. Cottrell was called the "proposed administrator" made her uneasy, conceding, "It's not correct." (TI. at 368, Resp. Ex. T) 33. It was not until March 10, 2010 that the Board received written notification from Miami lacobs that it had replaced its Program Administrator. An undated letter from Faith Mitchell advised the Board that Diane Cook's employment had been terminated effective .January 6, 2010, and that the college had appointed Brenda Cottrell as the new administrator of the Practical Nursing program. It stated that Ms. Cottreli was offered the position on January 7, 2010, and began worlcing in that capacity on Ianuary 1 I , 2010. The letter attached M s Cottrell's resume and asserted that the college had already submitted that change "with the Site Visit Survey Report and in an email requesting a meeting prior to submitting the site visit survey report." ( S t Ex. 6)
Uno~~alified Not Replaced. as Miami Jacobs Represented in March 2009 Addendum Staff 34.
In the March 2009 Addendum, Miami Jacobs aclu~owledgedthat it violated OAC Rule
4723-5-1 1 by allowing a person who did not have a baccalaureate degree in nursing to teach "Nursing 125" and by allowing a licensed dietitician, Tawna Richards, wllo did not hold a nursing degree or license, to teach "Nursing 120: Nutrition." The Addendum provided the following assurance that these faculty members were no longer teaching nursing: MIAMI-JACOBS explains that it has replaced these individuals with faculty members holding baccalaureate degrees in nursing. (St. Ex 1 at 8)
35.
Lisa E~nricli testified that when she conducts a Survey Visit, part of her job includes reviewing the minutes of faculty meetings. When she did the Survey Visit at Miami Jacobs on December 2 and 3, 2009, Diane Cook, the Program Administrat01 at that time, made the school's faculty minutes available to her. ( T r at 69-72) Ms. Emrich found the following notes in the minutes of a faculty meeting held on April 1, 2009, concerning Tawna Richards, one of the faculty members that Miami Jacobs had represented that it had replaced: Ms. Richards - OBN site says you inust have a BSN to teach an L.PN nursing class and we said in the report that we have complied bul Ms Richards is a nutritionist and not a nurse. Jim states that she is an assistant and can teach 3
In the Matter of: Miami .Jacobs Career College Practical Nursing P ~ o g ~ a ~ n Case No. 10-0719, Page 11 or 4 weelts. Get her name off of the syllabus. Ms. Scandrick would be the primary instructor. It is a pre-licensure course with the nursing process involved so a nurse has to teach it. Ms. Richards is a masters prepared nutritionist so we will lteep Ms. Richards over another nurse instructor and there will be no instructor involved with the class until Ms.. Richards leaves because M.JCC will not pay for an instructor to do nothing.
4 :
**
Plan of action: Ms J D said to leave nutrition alone Tor now." (St. Ex. 14) 36. The State contends that Miami Jacobs has violated its agreement that it would not submit or cause to be submitted any false or misleading statements, because although it represented in the March 2009 Addendum that it had replaced Ms. Richards, ihe faculty minutes of April 1, 2009 show that she was, in fact, still einployed, and that the school intended to continue to employ her despite its Itnowledge that she was not qualified to teach a nursing class. Miami .Jacobs asserts that these minutes are not official minutes because they do not include a sign-in sheet for attendance, and because there is nothing to show that they were approved as official minutes at a subsequent board meeting. I-Iowever, on cross-examinatio11, Lisa Emrich explained that these were the minutes that the school's Program Administrator presented to her at the Survey Visit, and therefore, she had no reason to believe they were not "official" minutes. (Tr, at 140-143) During her testimony, Brenda Cottrell, the current Program Administrator, said that she had examined payroll records to determine when Ms. Richards last taught at Miami Jacobs. She found that Ms. Richards's last pay was issued in the first week of May, which reflected her employment for the last two weelcs of April, and that it was issued for only about $90, indicating that she had not taught very much during that time. Ms. Cotirell testified that she was not able to find information about which instructor had been hired to replace Tawna Richards, but she said that she knew Ms. Richards was no longer employed as a faculty member. (Tr. at 550-553) Ms. Cottrell disputed ihe validity of State's E,xhibit 14 as the official minutes of the April 1, 2009 faculty meeting, explaining that there was no sign-in sheet to show who was in attendance at the meeting, and there was nothing to show that these documents had been read and approved at the next meeting. (Tr, at 553-555,625-626) I-iowever, 011crossexamination, she acknowledged that these were the only minutes that Miami .Jacobs has for the April I , 2009 nleeting:
Q: Ms. Collis aslted you a moment ago whether you located another version of the faculty meeting minutes that are shown in State's Exhibit
Brenda Cotilell identified "Ms 1 D " as Ms la~vis-Durham, testified that she is no longer employed and Jacobs (Tr at 623)
I
37.
38.
39.
\\~i!il
Miami
In the Matter of: Miami .Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 17
14, whetl~er there was an approved version anywhere in the State's Exhibits. I will extend that question, is there an approved version of the minutes in the Respondent's exhibits? A: These ale the only minutes we have of that meeting.
(Tr. at 627-628) And, in Ms Cottrell's responses to othe~ questions, she confinned that she did not know of that any other ~nin~ites exist for that pai.ticular meeting. (Tr at 621) A g ~ c e ~ n e witli I-Iarborside Healthcale Not Signed by a Plopram Re~~esentative nt 40 OAC Rule 4723-5-17(A) sets out thc following requilements for agreements between a nursing prograin and any affiliates that the prograln has, such as an a clinical site where nursing students gain clinical experience:
(A) W11en a program has any type of cooperative relationship witli another entity or a separate division within the same entity including, but not limited to, clinical agencies, a written agreement with the cooperating entity shall: (1) Exist and be current; (2) Be entered into and signed by representatives of both the prograln and the entity or division with which it has entered into a cooperative relationship; and (3) Be on file at the prograln office.
41. L.isa Emrich testified that when she conducted the Survey Visit on December 2 and 3, 2009, Miami .Jacobs identified Harborside I-Iealthcare in New Lebanon, Ohio, as one of its clinical sites where students go to engage in practical experience under faculty supervision. As part of her survey, M s Emrich reviewed the contracts for each facility with which Miami Jacobs had an affiliation agreement. She observed that the school's contract with I-Iarborsidc Healtlicare was not "an executed agreement," because it was not signed by both parties to the agreement; it was signed by only one party. She said that tliere was a Post-it note on the document that said, "Signature in vault." M s Emrich explained that the signed affiliation agreement is the Board's way of knowing that the clinical agency is willing to have the program's students present at its facility. Without a fully executed agreement, she could not know that the agency was in agreement with students being present, and that there had been 110 changes to the agreement before it was signed by both parties. (Tr.,at 66-67, 150-151) Ms. Emrich said that she aslced Diane Cook, the Prograrn Administrator about the contract, and Ms. Coolc told her that the executed contract was kept "in the vault." Ms. Einrich explained to her that she needed to see an executed copy of the agreement, but stated that she did not receive one at any time during her Survey Visit. Ms. Emrich pointed out that in elnails shortly before the Survey Visit, Penny Audia, a Nursing Administrative Assistant for Miami .Jacobs, asked that two Clinical Agreements for other affiliates be retrieved froin the vault in preparation for the Sui.vey Visit; therefore, Ms. Einrich concluded that someone must have gone to the vault to obtain other signed documents: but tliere was no explanation
42
In the Matter of: Miami .Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 13 as to why the signed Harborside agreement was not one of those made available to her (TI at 64-69, 150-151, Resp Ex C-2) 43. During her testimony, Ms. Emrich said that the Harborside agreement had been signed by only one of the parties, and she could not recall which one had signed it. However, on cross examination, she was directed to her Sulvey Visit Report, in which she documented that the I-Iarborside agreement was signed by a facility representative, but not by a representative from the Miami Jacobs program. (St. Ex. 17 at 5) Ms. Emrich emphasized that the r~ile requires the agreement to be signed by both parties, and available on site at the Program, but that no one obtained the signed agreement for her during the Survey Visit, even though she asked for it to be produced. Moreover, she testified that although Miami Jacobs wrote that i t had attached the agreement in its written response to the Survey Visit Report, the agreement was not actually attached to the response. She acknowledged that she never contacted Miami Jacobs to infonn them that one of the attachments to its response had not actually been attached. ( S t Ex. 13 at 4, TI. at 168-170) At the hearing, Miami Jacobs iritroduced Respondent's Exhibit D. That document is the Program's fully-executed agreement with Harborside Healthcare, which indicates that it was signed on March 14, 2008 by Nilckita Tracey, R.N., the Director ofNursing for I-Iarborside Healthcare, and 011May 2,2008 by Mary Percell, as Calnpus Director for Miami Jacobs. Ms. Emrich said tliat she had never seen the fully-executed agreement until she received the documents that were marked as exhibits for this hearing, just several days before the hearing began. (Resp. Ex. D, Tr, at 150-15 1) Cynthia I-lasseman, one of the Clinical Coordinators ofthe Miami Jacobs Program, agreed that the affiliation agreement is the contract between Miami Jacobs and the clinical site where its students gain experience. She admitted that the agreement with Harborside I-Iealthcare had only a signature from the clinical site, and did not have a signature fiom someone representing Miarni Jacobs. She said that she did not know why there was no signature from anyone on behalf of Miami Jacobs on the agreement.. Ms. Massemal~ explained that original signed affiliation agreements were ltept in "the vault" in Dayton, which is a fireproof loclted room, and that a copy of each agreement was kept in a binder in said that she lcnew that there was an the clinical coordinator's office. Ms. Hasse~nan agreement in existence with Harborside a1 the time of the Survey Visit, but she said that it was not retrieved liom the vault because il was not requested. On cross-examination, she conceded that she was merely told that the fully executed agreement had not been requested, and that she was not present so as to witness whether or not the Board's agent requested the signed agreement. Ms. Hasse~nan said that .Jacqueline Ferguson, the other Clinical Coordinator for the program, whoin she believed was present during the Survey Visit, told her that it had not been requested. I-Iowever, during Jacqueline Ferguson's crossexamination, Ms. Ferguson aclcnowledged that she was not present for the Survey Visit except for being present iii the bzrilcliiling, and that the only time she was in the rooin with the Board's agent was during the exit intewiew. (Tr. at 444-446,468-470,522-523.)
44.
45.
In the Matter o f Miami Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 14 Deficiencies Related to Survey Review Process 46. In addition to the deficiencies found during the December 2-3, 2009 Survey Visit, the in Notice also cited Miami Jacobs with violations related to its perfo~lnance the survey process. Those issues have been previously discussed in this report, and include the program's failure to submit a timely pre-survey visit report in time for the Survey Visit that was planned for October 28-29,2009, and its failure again to submit a timely pre-survey visit report for the rescheduled December 2-3, 2009 Survey Visit, as required by OAC Rule 4723-5-06(C). The Board further alleged that when Miami Jacobs finally did submit the Pre-Survey Visit Report on November 12, 2009, it did not contain solne oftlle required information regarding its compliance with OAC Rules 4723-5-15 and 4723-5-12, The Notice also alleged Miarni Jacobs did not cornply with OAC Rule 4723-5-06(B)(1) because it advised students that the Survey Visit would be held on December 1 and 2, 2009, when it was actually scheduled for December 2 and 3,2009.
47
Announced Survey Visit to Dayton and Troy Campuses 011 June 8,2010
48. On June 8, 2010, the Board sent agents to the Dayton and Troy carnpuses of Miami Jacobs Career College to conduct an announced Survey Visit of the practical nursing program. Lisa Emrich did not participate in the Survey Visit on that date, but she assisted in evaluating some of the infonnalion that was obtained during the visit and prior to the visit., Jody IHostetler is the Education Regulatoly Surveyor who conducted the Survey Visit at the program's Troy campus, which is about 30-45 minutes away from the Dayton campus,. Cathy L.earn is a Surveyor for the Board's education unit, and she conducted the Survey Visit on the same day at the Dayton location (Tr. at 179-180,241) On June 16,2010, the Board sent Miami Jacobs a Survey Visit report, identiQing standards that it claimed were 1101met. (St. Ex. 18) Miami Jacobs provided a response to that report on June 29, 2010, but the Board nonetheless issued a second Notice of Opportunity for IHearing 011July 30, 2010, citing new deficiencies found during the .June 7010 Survey Visit. (St Ex. I-b)
49.
Deficiencies Alleged in July 30, 2010 Notice of Opportunity for Hearing

Failure to Implement an Orientation Process for New Faculty 50 OAC Rule 4723-5-09(B) ~equires, pertinent part, as follows: in The Program Administrato~. shall have the authority, accountability, and responsibility for all aspects of the program including but not limited to:
*. + *.
(4) Implementing an orientation process for new faculty. (5) Recommending faculty for appointment, promotion, tenure, or retention, and
In the Manel of: Miami Jacobs Career College Program Practical Nu~sing Case No. 10-0719, Page 15
51.
Cathy Learn, a surveyor for the Board, conducted the Survey Visit at the Dayton calllpus on .June 8, 2010. She said that in the quarterly progress reports that Miami .Jacobs submitted in compliance with the Consent Agreement, there was a "nicely-composed" manual detailing how new faculty would be oriented to the nursing program. She said that it had "a checlc sheet" in the front with a signature line, and she expected to see that in the fac~tlly files that she reviewed Ms. L.earn identified State's Exhibit 29 as the policy she was referring to as the program's nursing faculty orientation procedure., That document is an excerpt fiom the December 2008 Quarterly Report prepared by Miami Jacobs for the Board, and Appendix G , which begins on the second page of the exhibit, is titled "Nursing Fac~iltyOrientation Manual." 11 contains a "New Nursing Faculty Orientation Checklist" in which the person conducting the orientation is aslced to write the date that the new hire underwent orientation to "General MJCC," and to the "Practical N ~ ~ r s i n g Program," as well as orientation to the computer system and a clinical orientation. It also includes an extensive "Practical Nursing I-landbook" covering attendance and grading policies, standards for satisfactory student progress, and policies regarding clinical components of the nursing program. This same Nursing Faculty Orientation Manual appears at Respondent's Exhibit E, but it has an effective date of .January 2008, as opposed to State's Exhibit 29, which has an effective date of October 2008, Although the two documents use different type styles, which cause the page numbering to be different, they appear to be essentially the same docu~uent with the same procedure for faculty orientation. (Tr, at 241, 298-299, 304-317. St. Ex. 29) Ms. L,earn testified that although Miami Jacobs had a policy in effect for new faculty the orientation, she found that it was not being implemented. When she ~eviewed files for newly-hired faculty members, she found no evidence that the instructors hired in 2010 had gone through any orientation process. Ms. Learn explained that she was loolcing for the checklist, "because that's what they llad sent in their progress report as to what their orientation was for new faculty ." (TI. at 308) She stated that the files of faculty hired prior to 2010 did contain orientation materials, similar to the ones submitted by Miami Jacobs in its faculty orientation manual, but the files of elnployees hired in 2010 did not. Ms. Learn said that she aslced Brenda Cottrell if those records for faculty hired in 2010 were kept somewhere else, but Ms. Cottrell told her that she was still fairly new to her position and that there wasn't an orientation process in place yet Another person who was with Ms. Cottrell, "Jennifers," told Ms. Learn that David 1-lessen had recently been hired to conduct faculty orientations, starting in April 2010. Ms. Learn asked if David Nessen was a nurse, and she was told that he was not. (Tr. at 243-245.248-250,308-3 12) Ms. L.earn testified that under the Administrative 'ode, it is the responsibility of the Program Administrator to have a plan to orient the new nursing faculty L,isa Emrich likewise testified that the Program Administrator is responsible for implementing the
52.
53.
Although "Jennifer" \\,as not fully identified during the hearing, the Nursing Facolty Orientation Manual at State's Exhibit 29 identifies "Jennifer Yarnell" as tlie "Troy Associate Campus DirectoriAcademic Dean" as of October 2008 Tile manual at Respondent's Exhibit E had previously listed her in January 2008 as the "Dayton Academic Dean " (St Ex. 29. Resp. E,x E )
In the Matter oT: Miami Jacobs Ca~eer College Practical Nursing Prograin Case No. 10-0719. Page 16 orientation program, and that this must be done by a nurse, adding, "It's not possible that a non-nurse can orient faculty to the complexities of a pre-license nursing education c~irric~~lurn all the elements that go into teaching nursing." (Tr. at 125) Ms. Ernrich and explained that although nothing prevents a program froin having faculty members complete a generalized orientation prograin to familiarize them with the institution in general, there must be a process in place to orient faculty to the nursing prograin in particular, and the surveyor would expect to see the process in place that the school created. She summarized, "The program provided us with their process and that process was not -- there was no evidence that the process had been implemented." (Tr. at 123-128) 54. Miami Jacobs subillits that David Hessen was hired to conduct only a generalized orientation for new faculty members for all of Miami Jacobs's programs, and not to orient new faculty to the nursing program in particular. Brenda Coflrell identified Respondent's Exhibit F-8 as the orientation guide that Mr.. I-lessen used to orient all new faculty to the college in general. Ms. Coflrell testified that newly-hired nursing fac~ilty through two go orientation prograins. One prograin orients thein to the procedures, processes, and forms used by the college as a whole. In addition, they are oriented to the nursing program by the nursing iaculty. Ms. Cottrell stated that she and Anita Schilling, another nurse, provided faculty orientation a1 the Dayton campus. She said that Alberta Jean and Cynthia I-lasseman, both nurses, provided it at the Springboro campus, and that Eva VillamorGoubeaux, also a nurse, provided it at the Troy campus. The clinical coordinators, .Jacqueline Ferguson and Cynthia I-lasseman, provided orientation for clinical nursing f c ~ (Tr. at 276-277, 570-574) t Ms. Cotirell identified Respondent's Exhibit F as a powerpoint presentation that was ~ised to orient clinical faculty. She said that all new faculty members llired between February and .J~ine 2010 received faculty orientation, emphasizing, "It was not a formalized orientation, but it did occur." (Tr, at 572) However, she aclcnowledged that there may not have been standardized records ofthe orientation:
Q: And did the faculty members who, lilte Ms. Schilling or Ms. Jean, did they lteep any notes or records or anything that faculty had been -- new faculty had been oriented? A: Not in -- Ms Jean, I believe had developed a f o ~ f'oi keeping tiaclc of ~n that Theie was not a standaid for111in use with the three campuses for nuising Q: But do you ltnow if all faculty members who were hired between February and June, if they received faculty orientation? A: Yes, they did
55.
(Tr. at 572-573, Resp. Ex. F)

56 Ms Cottiell identified Respondent's Exhibit F1, with the heading, "Piactical Nursing Prog~am Faculty Developi~~ent Meeting, as a new clinical oiientation packet that she gave to the Board's sulveyol to show that faculty o~ientation talcen place On crosshad examination, she stated that this was ~ised the new oiientation piocess She explained as
In the Matter oi: Miami Jacobs Career College Practical Nursing Proglanl Case No 10-0719, Page 17 that there was not necessarily verification in a teacher's file to indicate that he or she had completed this process, but that the clinical coordinators would lcnow that, because Ms., Cottrell had delegated the orientation responsibility to them She conceded that this verification should be lcept by one of the clinical coordinators, and she acknowledged that her only way to lcnow that one of the clinical coordinators actually completed this task was to ask them. Ms. Cottrell further explained that a fonnal orientation process has now been implemented which begins with a general orientation and includes a nursing-specific orientation. That process is set forth at Respondent's Exhibit However, she said that it yet, se admitting new students and has not been ~tsed b e c a ~ ~Miami .Jacobs is not c~trrently has not hired any new faculty. (Tr. at 57.3,605,607, 573-574, Resp. E x F-8) 57. Several of Miami Jacobs's instructors corroborated Ms. Cottrell's testimony that they did provide an orientation to new nursing faculty members, although not necessarily following the formal policy at State's Exhibit 29 or Respondent's Exhibit E. Eva Villamor-Goubeaux testified that when she was the lead faculty at the TI-oycampus, she oriented new faculty using the class syllabus for the class that the new instructor would be teachingi as well as that portfolios maintained by instr~~ctors outline the requirements ofthe course Concerning whether she followed the new Nursing Faculty Orientation Manual that appears as Respondent's Exhibit E, Ms. Villamor-Goubeaux said she did 1101remember if she followed that document's guidelines. (Tr. at 436) She identified an email that she sent to Brenda Cotirell to co~lfis~n she provided orientation to two new faculty members, Noel Madic that and Doug Caserta, 011April 15 and May 19, 2010, respectively (Tr, at 427-429,433-436, Resp. Exs. F-5, F-9) 111responding to later questions, Ms. Villainor-Goubeaux conlirlned that she did not follow a specific document when she oriented new faculty:
THE HEARING EXAMINER: So just to clarify, it sounds lilte you didn't sit with a document in your hands o r a checltlist and go through what you hacl to teach the new instructors for the orientation. You used, instead, the syllabus and the portfolio to malte sure they ltnew the requirements of the class and how to go about teaching it. THE WITNESS: Correct
(Tr. at 439) 58. Cynthia Hasseman, one ofthe Clinical Coordinators, provided orientation to new nursing faculty at the Springboro campus, where she was lead faculty before beconling a Clinical Coordinator. She testified that she did not use the orientation manual at Respondent's Exhibit E, but instead, she explained that the instructors doing the orientation formulated their own checlclists. However, she added that although she did not follow Exhibit E as an "exact guide," she covered everything in it. She added that since Brenda Cottrell has been the I'rogram Administrator, there has been a new orientation policy that includes a day with the clinical instructors to go over policies and procedures, and a checltlist that would be maintained in the instructor's faculty file kept at the Dayton campus. (TI. at 45.3-456) .Jacqueline Ferguson, another Clinical Coordinator, testified that she also conducted faculty orientations. She said that she used the Powerpoint presentation at Respondent's Exhibit F
59.
In the Matter of: Miami .Jacobs Career College Practical Nursing Program Case N o 10-07 19, Page I8 as her guide when she conducted the orientations. However, in April 2010, a new procedure was put into effect, and she began using the document that appears at Respondent's Exhibit F-I. She explained that she developed this document through her master's degree program, and had it approved by Brenda Conrell to use for orientation of newly-hired clinical instructors. Ms. Ferguson clarified that all faculty members, newly-hired to any program within the college, received general faculty orientation from either Sharon Danforth or David FIessen, before going through the orientation process specific to the nursing program. She maintained that between February and June 2010, there were no new clinical faculty members to her knowledge who were not provided a nursing orientation. I-lowever, she stated that there was no checlclist that was completed and placed in faculty files. Instead, instructors attending the orientation were asked to sign a "sign-in sheet," and those sheets were ltept in a binder in the Clinical Coordinator's office. She completed no other documentation to show that those faculty members had completed orientation. Ms. Ferguson did not know if the surveyors were provided with any of those sign-in sheets when they conducted the Survey Visit in .June 2010. (TT.at 509-514, 526-528, Resp E x F-I) 60. On cross-examination, Ms Ferguson acknowledged that different documents were used at different times to verify orientations:
Q: Between February and June of 2010, and then I'll aslc you another question, was State's [sic]Exhibit E in full force and effect a t Miami Jacobs? Was this the policy? A: Not to my knowledge, no, Q: What was in effect? A: All I can speak to is clinical. It was -- from February to about April 1'111 not sure of that date of when mine was approved I used the PowerPoint, I don't know which exhibit it was, but I had been using that Powerpoint -Q: (Indicating) A: No; that's the one 1 developed that was in effect approximately April of this year. Q: Could I aslc you if State's [sic]Exhibit F is it?6 A: That's it. Q: That's the PowerPoint? A: That's it. That's what I used along with the shadow experience to orient clinical faculty.
(Tr. at 527-528) 61. Wynne Simpltins, a consultant hired by Miami Jacobs to review its program, testified that according to the Ohio Administrative Code, the Program Administrator does not have to orient faculty herseli; she merely has to make sure that there is an orientation process and that it is carried out. She f~~rther stated that the Rules do not I-equirethat the orientation process use a checklist, nor that there be any paperwork in the faculty file to show
The docuiiient being referred to is actually Respo~~rle~~t'r F, since the State's exhibits use nuinbeis instead o i Eshibit letters to identify them
In the Matter oT: Miami Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 19 successful completion of orientation Finally, she said that she was "unaware" of any requirement that the faculty orientation be conducted by a nulse (Tr at 648-650, 658)
&ointment of an Associate Program Administrator Who Did Not Meet Minimum Qualifications 62 the OAC Rule 4723-5-1 ](A) (2) ~equires following minimum qualifications of an individual appointed to serve as an Associate Program Administiator of a practical nursing program: registered nursing education proglaln in a (a) Completion or an app~oved jurisdiction as defined in palagraph (S) of rule 4723-5-01 of the Administrative Code. (b) At least five years of expeiience in the practice o f n u ~ s i n g a registe~ed as nurse, including two years a s a faculty member in a registered o r added) practical nursing program; (E~nphasis if (c) A master's degree [which must be in nu~sing the bachelor's degree is not a Bachelor's of Science in Nursing ] * ';
"
(d) C u ~ ~ e n t , licensure as a regisleled nulse in Ohio valid 63. On Februaty 2, 2010, Miami .Jacobs's Campus Director, Faith Mitchell, wrote to Lisa Emrich at the Board with a question concerning whether either of two laculty members would meet the qualifications to be named as an Associate Program Administrator. Brenda Cottrell was copied on Ms. Mitchell's ernail of that date, which provides, in relevant p a t , as follows: We have two employees internally that come close to meeting the criteria. We want to run their backgrounds by you to see if it is possible to put a plan in place to move them into the role as soon as they meet the criteria or on an interim basis until they meet the criteria. Please review the following information:
1.
Eva Villamor-Goubeaux - Ms. Villa~nor a Master degree in has Nursing. She also has 21 months of teaching experience in a prelicensure program. She was hired as the Lead Faculty nle~nber for the Troy campus prior to the letter the college received fio111 the Ohio Board of Nursing. Alberta .lean - Ms. Jean has an RNBSN fro111 Indiana Wesleyan, a Master degree in Coinmunity Health, and a doctoral degree in Naturopathic Medicine. Ms. Jean meets the two years of teaching in a pre-licensure program requirement.
7 -.
In the Matter oi: Miami Jacobs Career College Practical Nursing Program Case No. 10-07 19, Page 20 Please provide the board's perspective on whether or not these people would be qualified candidates fol the associate administlator position assuming Ms Villalllor-Goubeaux completes three 1no1e ~nonths teaching experience at of Miami-Jacobs Careel College (St. Ex. 19 at 3-5)(Reprinted as in original) 64. Lisa Emrich responded to Faith Mitchell in an elnail dated February 4, 2010, with a copy to Diane Cook, who was still on the Board's records as the Program Administrator as of that date. ller response provided the following assessment of the qualifications of the two faculty members that were suggested: The qualifications for associate administrator in a PN program are found in Rule 4723-5-1 1(A)(2), OAC: [minimum requirements pa~aplirased]
3;
**
If all of the above requirements are currently met, with the exception of the length oftime Ms. Villamor-Goubeaux has sewed as a faculty member in an RN or PN program, Ms. lean currently meets and M s Villamor-Goubeaux would meet qualifications as an associate administrator upon completion of the two years of teaching.
(St. Ex.. 19 at 3)
65.
Eva Villamor-Goubeaw was appointed to be the associate Program Administrator at the Troy campus on May 1, 2010. Since Faith Mitchell's elnail was dated February 2, 2010, it appears that Ms. Villamor-Goubeaux taught for the additional months of February, March, and April, before being appointed to that position on May 1. And, since Ms. Mitchell had represented in her email that Ms. Villamor-Goubeaux had "21 months of teaching experience," Lisa Emrich's response had confinned that only 3 more months of teaching experience were needed for her to lueet the q~ialifications that position. However, when for Ms. Emrich reviewed Ms. Villainor-Goubeaux's resume that was brought back from the Survey Visit, she found that Ms. Villamor-Goubeaux actually had significantly less experience than the 21 months that were represented. (Tr. at 89-95, Resp. E x T-6) Ms. Emrich referled to M s Villamor-Goubeaux's resume at Respondent's Exhibit T-6, and teaching experience -- as of the date of Faith summarized Ms. Villa~llor-Goubeaux's Mitchell's February 2, 2010 elnail -- as follows: December 2009 to February 2,2010: 2 months at Miami Jacobs Career College July 2009 to December 2009: 5 months at RETS College School oiNursing (Centerville) April 2009 to duly 2009: 3 months at Boheclcer RETS College (Cincinnati) September 2008 to November 2008: .3 months at Wright State University Ms. Emrich explained that, according to her count, Ms. Villamor-Goubeaux had only 1.3 months ofexperience as of February 2, 2010, and not 2 1 n ~ o ~ ~ tas s , h Faith Mitchell had represented to the Board in lier email on that date. In responding to later questions, Ms.
66.
In the Matter oi: Miami Jacobs Caleei College Progran~ Practical N ~ r s i n g Case No 10-0719, Page 21 Emrich conceded that iT it is assumed that Ms. Villamor-Goubeaux began teaching 011 the first day ofthe month she listed as her start date, and finished 011 the last day ofthe month she listed as the end date, some extra time could have been accumulated. For example, if she had begun teaching at RETS College in Centemille on July 1, 2009 and continued through December 11, 2009, that would amount to 6 months, and not 5 inontlls, as Ms. Emrich had calculated. Likewise, if she taught at Boheclcer RETS College for the entire months of April, May, .June, and .July 2009, that would amount to 4 months rather than 3 months. However, Ms. Ei11ric11 maintained that, even under those assumptions, Ms. Villamor-Goubeaux was still significantly s1101.t of the 21 months of teaching experience that had been represented in the February 2,2010 email. (TI..at 89-95, 156-158) 67. Cathy Learn, the Board agent who conducted the Survey Visit on June 8, 2010 at the Dayton campus, testified that when she reviewed faculty files, it appeared to her that Ms. Villamor-Goubeaux did not have enough teaching experience to be an associate Program Administrator, She said that Mialni .Jacobs had a consultant, Wynne Simplcins, on campus on that date, and that she mentioned her concern about Ms. Villainor-Goubeaux's experience to Ms. Simpkins, and to Brenda Cottrell, the Program Administrator: And about that point in time, Ms. Cottrell and Wynne Simplcins, who was with Ms. Cottrell, came in and I aslced them to take a look at it and see if they believed that the work experience as a faculty member would equal the two years. They took the file with them and they left and * * :v And they were gone 20 minutes to a hall' an hour at the most and they both came back together and stated that they had loolted at it additionally and they agreed that Ms. Villainor-Goubeaux did not have two years of teaching experience, that they had come to that decision too, ( T r at 246-247) 68. Ms. Villainor-Goubeaux testified that she was appointed to be the Associate Program Administrator for the Troy campus on May 1, 2010 and was removed from that position when the Board came to conduct the June 2010 Survey Visit Ms. Villamor-Goubeaux summarized her teaching experience. She testified that she taught one quarter (12 weelcs) at Wright State University as an adjunct faculty member, followed by one semester (16 weelcs) at Boheclcer College in Cincinnati, and one semester (16 weelts) at RETS in Centerville. She then began teaching at Miaini Jacobs on December 28,2009, where she is still employed today. She testified that Miami Jacobs uses academic quarters, and that there are 12 weelcs in a quarter. She taught the winter quarter at Miami Jacobs, adding 12 weelcs of experience to her resume. On May 1,2010, she was six weelcs into the spring quarter, so as ofthat date, she had taught for a total of 18 weelcs at Miami Jacobs. She contends that this gave her a total of 62 weelcs of experience, and that if the definition for "academic year" is used to count years of teaching experience, then only 60 weelcs of experience are needed. M s Villamor-Goubeaux said that when she was being considered for the Associate Program Adlninistrator position, she was aslced to send her resume, which she believed had been send to the Board of Nursing for its approval. (TI. at 418-427)
In the Matter of: Miami Jacobs Caieer College Piactical Nursing Program Case No 10-07 19, Page 22
69.
Despite the fact that Ms. Mitchell's einail said that Ms. Villamor-Goubeaux had "21 months" of teaching experience, Miami Jacobs contends that it calculated her experience by counting i,veeks of experience, as ~ised the definition of one "academic year" found in in OAC Rule 4723-5-0 1 (A): 4723-5-01 Definitions For the purpose of this chapter, the following definitions shall apply:
(A) "Academic y e a " means the equivalent of a minimum ofthilty weeks of full-time instruction that may include time for examinations
70. Using this definition, Brenda Cottrell asserted that only 60 weeks of teaching experience is necessary to meet the requirements of the rule that requires an Associate Program Administrator to have "two years" of experience, and therefore, Eva Villamor-Goubeaux was qualified for the Associate Program Administrator position:
Q: * * * [Wllien you added up [Ms. Villamor-Goubeaux'sj teaching time, did you add up months of teaching experience o r did you add up weelcs of teaching experience in tile academic -- weelcs of academic teaching? A: We added up weelcs of academic teaching Q: Why did you do that? A: Because that's how it was defined in the Administrative Code Q: And in your review of the Administrative Code, how many weelcs of instruction equals one academic year? A: Thirty Q: And if the job required two years of academic instruction, how many weelcs of instruction were you looicing for in Eva's resume? A: Sixty Q: And when you offered her the position effective May 1,2010, did you believe at that time that she met the 60 weeks? A: Yes, 1 did
71.
Ms. Cottrell identilied Respondent's Exhibits G-I and G-2, the emails between Faith Mitchell and Lisa Emrich, on which Ms. Cottrell was copied. She testified that her understanding was that the Board had reviewed this question, that Ms. Villamor-Goubeaux would meet the teaching experience qualification on May 1,2010, and that is why Miami .lacobs waited until May 1 lo offer her the position, However, once she was informed by the Board's surveyor that Ms. Villamor-Goubeaux did not meet the qualifications, she was removed from that position. Ms. Cottrell is serving in that position in the interim. (Tr. at 557-560)
In the Matter oi: Miami Jacobs Careel College Practical Nursing Froglain Case No 10-07 19, Page 23 72. Lisa Emrich disputed Miami Jacobs's use of the "academic year" definition as applied to the "two years as a faculty member" required in order to be appointed as the Associate Program Ad~ninistrator under Rule 4723-5-1 1(A)(2). Ms. Emrich testified that the definition of "academic year" applies to Rules 4723-12 and 4723-1.3, which address the minimum length of cur~icula nursing programs. She asserted that the rule about faculty does not for reference "academic year" as the way experience is counted. (Tr. at 175-176) cross-examination, Brenda Cottrell acknowledged that the term "academic year" was not used in Rule 4723-5-1 1(A)(2), the Rule that requires an associate Program Administrator to have two years of teaching experience. She responded that she did not lcnow why Faith Mitchell represented Ms. Villainor-Goubeaux's experience as "21 months" if Miaini Jacobs was instead using weelcs to calculate her experience. (Tr. at 593-599) She explained why Ms. Villamor-Goubeaux's experience was calculated in weelcs, even though the program had represented her experience to the Board in terms of months:
011
7.3.
Q: Did you thinlt -A: No Q: -- at any time it was important for the Board to Itnow Ms. VillamorGoubeaux's number of weelts of teaching experience? - . A: In terrns of weelcs specifically? Q: Uh-hull. A: No. But that is the definition used and supplied by the Board when we attempted to calculate out her experiences teaching. Q: Well, where was that supplied by the Board? A: Your definition.
***
A: That was the only delinition of year that was supplied that we could find., Q: But Ms. Cottrell, that's not a definition for year. It's a definition for academic year. Did you malte a distinction in that definition? A: Well, academic year is teaching. (Tr. at 596-598) 74. Wynne Simpleins, the Consultant hired by Miami Jacobs in April 2010 to review its practical nursing program, testified that the only definition in the Administrative Rules that defines what a "year" of faculty experience is appears at Rule 4723-5-01(A), which provides the definition of "academic year." She explained that many colleges and universities function on an academic year, and that two academic years of experience would be only sixty weeks. She asserted that there is nothing in the Rules that requires a faculty member's experience to be calculated in months Ms. Simpkins aclcnowledged that when the Board's Surveyor aslced her on June 8,201 0 how many months of experience she counted for Ms. Villainor-Goubeaux, she reviewed the resume and found that Ms. Villamor-Goubeaux had I8 months of experience (Tr, at 638-642, 654-657) submits that 18 months of teaching experience would equate to 72 weelcs of Ms Si~nplcins experience, and therefore, using the definition of "academic yeai," the nlinimum
75
In the Matter of: Miami Jacobs C a ~ e e ~ College Practical Nursing Program Case No. 10-0719, Page 24
1 crossrequirement o f 6 0 weeks of experience is met. (Tr, at 634,638-642,653-654) 0 1 examination, Ms. Simpitins elaborated on why she believed it was appropriate to count a faculty member's experience in terms of weelts of experience:
A: Given that the entire Chapter deals with an education program and given that when 1 loolc at the requirement for a pre-licensure nursing education program that educates someone to sit for the NCL.EX PN the requirement for that is it be a requirement of a minimum of one academic or calendar year; there's an option. And the only one of those options that the board has chosen to define is "academic year."
76.
Ms. Simpkins went on to explain that since a "year" is not defined by the Rules, she believed it could be defined in various different ways, depending on the organization interpreting it:
Q: Well, let me ask you this, the beginning of the sentence a t subsection (A)(2)(b) is a t least five years experience in the practice of nursing a s a registered nurse. Should that five-year period be counted as five academic years? A: I suppose that depends on w h e ~ e person is working, doesn't it, bccause the evelyone -- or, each business in the state of Ohio defines their fiscal yea1 diffe~ently Q: Well -A: So it could be anything, quite franltly
Failure to implement consistent policies for student progression and com~letion cou~ses of a. Inconsistent attendance policies for clinical hours: "Attendance Contract" 77. In its Practical Nursing Handbook, revised as of December 2009, which appears at Slate's Exhibit 22, Miami Jacobs states the following policy for student attendance a1 clinical experiences:
ATTENDANCE POLICY FOR CLJNICALS Tllc faculty and adm'u~istmtion believes all studcnts must attend all cl'iical scssions to be successful. All nrea healUicxc providers havc skict altcndancc policies and support nursing education's comnliin~cnt tllis important crnployability skill. to A You must atlend 100% of clinical lluurs. There may bc an opporlunily for makc up, but only 1 make-up clinical. Abscntecisrn greater tl~an rnakc-up hours allowcd will rcsult in a p d e ofU~~satisfactory in clinical and failure of tl~e ILT)
lllc cument course
(St. Ex. 22 at page 18)
In the Matler of: Miarni Jacobs C a ~ e e College r Practical Nursing Progranl Case No 10-07 19, Page 25 78. Jody Hostetler testified that when she reviewed the file of Student #4 during her Su~vey Visit at the Troy campus, she found a document called an "attendance contract7" (Tr, at 181-184) The document appears below, in a redacted form:
II
This attendance contract exists between Miami Jacobs Career College and Mr @4i% has also missed Wo ciinicai days, not mmpleted his missed ciinical day, 10/20/10,from PN 102 Mr. 1/21 and 1/25/2010fmm PN 103 due to an arm Injury Mr. w w ~ l l a b i d e the following conditions: by
1.Mr.-
will make up hls mlssed clinical day from PN 102 by February 19,2010.
S wlll 2 Mr. @ B makeup his two missed ciinical days from PN 103 by completion of PN 103. .
3 Mr
will not be absent ortardy for any more ciasr orclinicaldays forthe remainder of PN 103 will not exceed absences per the PN handbook in PN 104. will abide bythe guidelinesfor anendana and class in the PN handbook, reailzingthat he: a. has met and exceeded the allowed absences b, cannot mlrs any more cioss or clinical c. will be withdnwn from the nursing program if any absence occur;.
4. M r 5 Mr
6. Failure to comply with this contract will result in dismissal from the PN program
(Resp. Ex M) The bottom of the doculnent was signed by the student, by L.ead Faculty Eva VillarnorGoubeaux, by Prograin Administrator Brenda Cottrell, and by the Academic Dean, Eric Clark. 79. Ms. IHostetle~. testified that OAC Rule 4723-5-12(A)(4) requires a 111-ogram to have written policies for student progression. She explained that by allowing this student an "attendance contract" that was not authorized in the school's official written policies, Miarni .Jacobs is not in compliance with the Administrative Rule. She said that she spolte with Eva Villamor-Goubeaux, the associate Program Administrator; with Eric Clark, the academic dean; and with "Letha," whose last name she could not recall, who was the campus director at the Troy campus. M s Hostetler said she was told that there was not a written policy pertaining to attendance contracts, but that the school is proactive and loolts for stlidenis who might not be successful in completing the program otherwise. Further, she was told that the Troy location was the only campus that offered the option of an attendance contract. (Tr. at 187-190)
' In the N o t i c e o l Opportonity for Heating, tile students whose files were itlvolved in tile citations wete identified by
n u m b e r in the Notice, w i t h a confidential student ltey admitted under seal, w h i c h identified them by name
In the Matter of: Miami Jacobs Career College Practical Nursing Program Case No 10-0719, Page 26 80. At the hearing, Miami .Jacobs Clinical Coordinator Jacqueline Ferguson testified that this particular student had broken his ann, and could not be in the clinical setting due to infection control issues with his cast. She explained, "[Iln order that lle could move on and not lose ground and lose that, just to keep that knowledge base going, he was allowed to continue once that arm was better and the cast was off." (Tr at 5 19) She stated that Re was rescheduled to go back and complete the clinical assignment from I'N102 after he recovered, and that he did, in fact, complete the make-up that was assigned. On crossexamination, Ms. Ferguson was aslced if there was some way to track the sltills that this particular student had missed by not completing PN 102, and she said that students have a "sltills cl~ecltlist" that they keep with them, so that if an opportunity arises fbr them to have a sltill checked off, they can present it to their instructor. She said that she believed copies of were also ltept in student files at the Dayton location (Tr at 51 8-5 19, 528the cl~ecltlists 531) Ms. Hostetler testified that Ms. Villamor-Goubeaux had not explained this student's circumstances during the Survey Visit, except that "they had been trying to keep the student in the program." (Tr. at 190-192) She acknowledged 011 cross-examination that the attendance contract said the student had injured his ann, and that was the reason for the missed clinicals.. She said that she understood that the student had been assigned a inake-up date for the missed clinicals, but she did not Itnow if he actually completed them. (Tr. at 210-21 1,219) Ms. I-lostetler asserted that it was not acceptable for a student to progless to PN 103 without having completed PN 102, because the slcills that are lear~ied the inole advanced class in build on tile slcills learned in the earlier class: [Tlheir clinical course would be everything that they've learned up to the time of that program, the opportunity for them to actually perform those nursing sltills and deliver nursing care to the client in the clinical setting, so it's a very important safety factor to make sure that students complete one course before they move on to a next course because they're bridging information from that first course into the next course, but if they don't have that opportunity to complete that clinical course to culminate what they have learned and their achievement, to even see if that student would be satisfactory to complete to be able to progress to the next course,
81.
82.
83.
Ms. Hostetler agreed that there are some slcills that absolutely require the use of one's hands, such as taking a pulse or working with an IV, and that having the opportunity to perform those sltills in a clinical setting is crucial, even if it means the student must delay his or her progress in the program. Likewise, the other Surveyor, Cathy Learn, testified that the sltills taught in clinical experiences often involve tactile components such as catheterization, dressing changes, and tracheotomy care -- sltills that a student must be able to practice with his or her hands in order to master. When Ms. Hostetler was aslced why it was unacceptable for the student to go back at a later date and malte up the missed classes, she explained that
In the Matter ol: Miami Jacobs Career College Practical Nursing Program Case No 10-07 19, Page 27 this prograln had a policy in place that did not allow for any exceptions, adding that if they had a policy that had exceptions, then that should be spelled out in the written policy so that all students at Miami .Jacobs would ltnow that the same opportunity is available to them. (Tn at 2 19-222,297-298) 84.. Ms. Hostetler acltnowledged that State's Exhibit 22, the Practical Nursing I-landbook that contained the policy as of December 2009 was the policy that would have been in effect for this student, whose attendance contract was entered into in February 2009. l-lowever, she identified State's Exhibit 20 as a revised Practical Nursing Handbook that became effective in April 2010. Althougl~ revised handbook would not have applied to this particular the student's situation in Februaly 2010, Ms. I-Iostetler pointed out that it still contains the identical policy on Clinical Attendance that the earlier handbook provided, with no provision in the written policy for an "attendance contract." (Tr, at 186-191) 85. Cathy L,earn, the Surveyor who conducted the .June 8, 2010 Survey Visit at the Dayton campus also testified that she found inforination in student tiles that conflicted with the program's written policies on student progression.. She said that she saw both versions of the Practical Nursing Handbook: the December 2009 version at State's Exhibit 22, and the April 20 10 revision that appears at State's Exhibit 20. She commented that it was bard to tell which policy was in effect. (Tr at 251-256)
b. Opportunity to malte up missed clinical experience by writing a paper

86 Ms. L e a n testified that although Miami Jacobs had a policy that required 100% attendance at clinicals, three of the student files contained a document that stated, "The Student may Racism Doesn't Worlt' or do select to either write a 25-page paper titled 'Team Playing/Wl~y I clinical malte-up without complaining." These findings were included in the Survey Visit Report dated .June 16, 2010, and Miami .Jacobs responded to thein in a letter froin its counsel dated June 29,2010. In that leiter, the program explained that its "former Program Administrator" (emphasis in original) offered Students #1, 2, and 3 the opportnnity to write a paper in the past to satisfy all clinical components of a course; however, each student declined that opportunity and was assigned a clinical malce-up date. (Tr. at 253-254, 266267, 280, St. Ex. 18 at 4, St. E,x. 21 at 5) At the hearing, Miami Jacobs Clinical Coordinator .Jacqueline Ferguson testified that she was aware that the previous Program Administrator, Diane Cook, had ofrered students the opportunity to write a paper instead ofrnalting up the missed clinical. Ms. Ferguson confirmed that none ofthe students chose to write the paper, and that each was assigned a clinical make-up date. Two of those students attended the malte-up date, and one of them was dismissed from the program for. other reasons not related to the missed clinical. (Tr. at 517-518) On cross-examination, Cathy Learn was aslted if there was anything wrong with a verbal change to a school's written policies, or if it would be possible for a school to have a written policy that would allow fol some flexibility in its implementation. and still comply with the
87.
88.
In the Matter of: Miami Jacobs Career College P~ Practical N ~ ~ r s i n g o g ~ a m Case No. 10-0719. Page 28 Ad~ninistrative Code. She responded that the Rules do require the program to have written policies, so verbal changes to those policies w o ~ ~not be compliant. She aclinowledged ld it that a school could build in some flexibility to its written policies, "if they p~tt in writing how they were going to malie a change or to implement some other process into that." (Tr. at 262) She su~n~narized problem with Miami Jacobs's deviation from its written policy: the
Q: (By Ms. Wilburn) Did you find that Students 1 , 2 , and 3 had been treated differently for missing clinicals than what the written policy for Miami Jacobs contained a t State's Exhibit 20 would have required? A: The policy states you must attend 100% of your clinical hours and it doesn't state that you can write a 25-page paper in lieu of going to clinical, so they were offered a different opportunity than the other students if they missed
(Tr. at 269) c. Inconsistent policies concerning program completion and AT1 exam 89. The AT1 examination is a test talien by students at many schools as they colnplete their. studies. Board sul-veyor .lody llostetler testified that the AT1 is considered to be a "predictor" of a student's success on the NCLEX, the licensure exan that all students I ~ U S pass to become nurses. She elaborated that the AT1 is made up of "a series of testing components that can be given throughout the program to ascertain students' achievement level." In 2010, Miami .lacobs instit~tted policy to iniple~nent use oftlie AT1 exams. a the Cynthia Ilasseman, the Clinical Coordinator for Miami Jacobs, explained that there are seven AT1 "modules" that are talien at various points in the curriculum, plus a final "predictor exam" that is talcen at the end of the program, in preparation for the NC,L,EX (Tr. at 194,46 1-462) Miami Jacobs had a written policy in its Practical Nursing I-landbook titled, "Nursing Program AT1 Competency I Raising the Bar " This policy, stated in the llandbook that became effective in April 2010, put the following policies in place:
90.
Thc collcgc has also rcvicwcd alld n ~ o d ~ t i c d theAl1 testing policy. lo order to encourage the usc otAT1, which is a tool nlcant to prepam yoii for UIC NCLEX, lhc new policy builds in use of thc tool in thc classroom, rcmediation for any areas you rlccc! lo review, an opporlunily to re-take tlie practicc tests until you are prcpwcd to takc thc proctored cxom and the cornprchcnsivc predictor exam. On thc proctored exam you must oltain a scorc of a Levc12 to be ablc to progcss in tllc program. A levcl 2 sl~ows you arc competent in the arca tcstcd and U~us tlrat bettcr prcparcd for !lie NCLEX exam. On tlie cornprclicnsivc predictor cxam a scorc of 85% is rcquircd. This is predictive olpassing tllc NCLEX-PN will1 an 85% chaiicc on thc fust iittcmpt. Tlic instructors will give tlic fusl o~lliric practice tcst with the ralionalcs on artlic bcgiinning of the tcrm. Thc raliut~alcs will be turned ofEfor tlic second practicc tcst. Tlicn, tlie proctored cxnm will be givcn onc wcek bcforc the end of d ~ qilarier. e If a rctaltc is necessary il must bc lakcn bcforc llic end of lhe Icrni; Students will be rcquircd to pay an oul of pocket fee for llrc second proctorctl exam. Shldcnt necds to attain tlic required lcvel2 AT1 a r ~ d tlic class to progress in tlrc prognm pass
(St. E x 20 at 12)
In the Matter of: Miami Jacobs Career College Practical Nursing Flogram Case No 10-0719. Page 29 91. Brenda Conrell testified that the new policy was put in place to require students to achieve a Level 2 score on all proctored AT1 exams. She said that the policy change was made to raise academic standards and help students be better prepared for the NCLEX. Ms. Cottrell explained that it required a policy change, and she identified Respondent's Exhibit H as the notice that was disseminated to all students to advise them that they must get a Level 5 score on each proctored AT1 test. She said that all students, at any campus, would have received the Notice at Resoondent's Exhibit H Ms.. Cottrell stated that this renuirement was incorporated into course syllabi aftel the policy toolc effect. explaining that courses wele modified so as to incorporate more or the AT1 materials into each coulse She called which attention to the ~ a s t e r ~ ~ l l a b u s , contains that course syllabus for PN 103, as an example o f a modification in the syllabus to add the requirement that students achieve L.eve1 2 results on each exam. (Tr. at 561-564, Resp. E,x. H, Resp. Ex. 13-1 at 12) Cynthia Hasseman, Clinical Coordinator for Miami Jacobs, corroborated Brenda Cottrell's testimony that the notice at Respondent's E,xhibit H was given to all students. She said that before this policy change, students had been taking the AT1 tests, but were not required to obtain a Level 2 score on each part. Ms. Hasseman explained that the policy change became effective in January 2010, but that it was not implemented immediately because the "Silver Light" software that was needed in order to download the tests to each computer that students would use to take the test, was not able to be used. On cross-examination, she admitted that it was the responsibility ofthe IT staff at Miami Jacobs's three canlpuses to download the Silver Light program so that students could use it to take their AT1 proctored exams on the school's computers. (Tr. at 458-463, 467) the Ms. IHasseman acknowledged that altl~ougll new policy became effective in January 2010, students were not held to the requirement of attaining a Level 2 score until April. And, at that time, not all students on all campuses took the test at the same time. Ms. I-lasseman explained that because students are admitted at different times at different campuses, students at one campus might be fadher along in their studies, so they would tale the test sooner than st~ldents who were admitted later. Each group o f s t ~ ~ d e nthat was ts admitted at the same time was referred to as a "cohort" of students. (Tr at 4.58-463) Ms. Hasse~nan stated that there was one small cohort of students, consisting of only four students, that was not held to the Level 2 standard for all AT1 tests. She explained that these particular students were at the end of their program, nearing graduation. Although they were required to obtain a Level 2 011all remaining ~liodules the ATI, they would not have of to "tetro back to the previous courses to obtain a Level 2." L.ilcewise, Brenda Cottrell testified that the policy was not applied to students who were halfway through a course. She added that students were not held to the Level 2 standard for the course they were in when tlie policy took effect, but they would be held to that standard for the next course they took. (Tr, at 463-464, 599-600) When .Jody Hostetler conducted the Survey Visit at the Troy campus, Eva VillatnorGoubeaux provided her with a course syllabus for "PN 120 Advanced Medical Surgical " (Tr. at 19.3, St. E x 54) The syllabus for that course provides tlie following statement about the AT1 exam:
92.
93.
94.
95,
111the Matter of: Miami .Jacobs Career College P~actical Nursing Program Case No. 10-0719, Page 30
/ ATIproclored exa~n: Students will be required totake tile AT1 proctored exam and mirst receive a LEVEL 2 in order to
progress to the next course Practice test A will b e given (with rationales on) to asslsi studenis i0 obtain this le\lel A1 approximately the 4th or 5th waek, Practice test B will be given (with rationales oif) to assess the student's level of understanding, S:udents will have tlie opportunily for remediation on this practice test prior i o iaking the proctored exam
- -.
(St. Ex. 24 at 3)
96. Ms. Hostetler said that when she returned from her Survey Visit at the Troy campus, she compared her findings with those ofCathy Learn, who had conducted the Survey Visit at the Dayton campus. Ms. Learn had been given a different syllabus for the course "PN 120 Advanced Medical Surgical," which contains a different policy concerning the AT1 exam.. It appears at State's Exhibit 23, and includes a provision for "remediation" by completing a project with notes on index cards, for which an instructor could award discretionary points:
4Tlproclored exam: Sludents v<ill be required lo lake I ~ Eprodored exam and must receive a LEVEL 2 in otdei in progress to AT1 tlle nell course Practice tesl I\,ill be given (with rationales on) io assist siudenls lo obiain this level At approxiniaiety th? r. or 5 i week. Practice tesl B ivili /be given (wilh rationales oh] lo assess [he sludenl's level oi uiiderslairding Sludenis \,,il ihaifs the o~porlunityior remedialion on this piactice tesl prior to lakin? the roct to red Pxarn bv com~ifting3 5 index caros on lopic; io revlev? on AT1 repon Points may be ewarded lor rzmedialion per instruciots disciei~on
(St. Ex. 23 at 2)(Tr., at 270-271) 97. Ms. Hostetler emphasized that there were two different syllabi for the same course, given to the surveyors at different campuses, with different policies on the AT1 exam, yet each syllabus was presented to the surveyor as the current policy. And, each syllabus states on the top of the front page that it "Applies to: All Campuses." Finally, neither syllabus states the AT1 policy exactly the same as it appears in the Practical Nursing I-landbook. She also testified that she was told various verbal policies had been applied. For example, she testified that Ms. Villamor-Goubeaux, Mr. Clark, and the campus director, "Letha" told her that they did not have a written policy addressing the number of "retaltes" allowed; that each campus implemented the AT1 program at different times because of problems with the Silver Light program; and that the Troy campus was giving students two weeks before the end of the quarter to take the ATI, in contrast to the writlen policy in the Practical Nursing I-landboolt that states that the proctored exam would be given one week before the end ofthe quarter. She concluded that "there wasn't anything in writing that was being followed for students" so that they would ltnow what was expected of them, and what requirements they would be held to." (Tr. at 195-206, 208, 217, St. Ex. 20, St. E,x 18 at 7) Cathy Learn testified that during the Survey Review, Brenda Cottrell told her about verbal deviations li.om the written AT1 policy. She said that Ms. Cottrell told her the school was going to allow certain students to talte the test as many times as they needed, and that they would not be charged a fee for the re-talces, as the written policy provides. She aslced for clarification, and was told that there was a "special group of 4 students" who were on a different path than the other students. Also, she said that Ms. Cottrell told her that students
98.
In the Matier of: Miami .Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 3 1 at the Springboro canipus were going to be given two extra weeks to take the ATI, because of problems with the Silver Light software used to talce the test. Finally, she said that she had never seen Respondent's Exhibit H, the notice to students about the AT1 policy, before the hearing, and that Ms. Cottrell did not give it to her at the Survey Visit. She said that Ms. Cottrell told ller that she 11ad personally gone to each classrooin to tell students about the change. (Tr. at 254-262, 282-283, 291-293,300-301) 99. On cross-examination, Ms. Learn explained why it was important that the policy in the handboolt matched the policy that was stated in course syllabi:
Q: Is there anything in the handboolt or in the Board's rules that limit a teacher's ability to award extra credit points? A: Well, they wo~ild follow that policy that they've established for their course. If that was written in their policy, then they could; if it wasn't in the policy, then that wouldn't be fair. Q: But if this teacher wants to give some extra credit or extra help to students so tliat they can pass the AT1 at the level 2, how is that against their policy? A: It wasn't in the handbook that they would follow that policy.
(Tr, at 289-290) 100. Brenda Cottrell testified that the intent was for St. Ex. 24 to replace St. Ex. 23 as the syllabus for PN 120: Advanced Medical Surgical, and that Cathy Learn sl~ould have been given the later revision of the syllabus. Ms. Cottrell stated that St. Ex. 24, revised on April 14, 201 0, eliminated some ofthe ways that a student could remediate a low score, but she emphasized that students were stilI required to obtain a Level 2 score. Ms. Cottrell conceded that she may have mistakenly printed the earlier syllabus f'rom Iler printer and given the document to Ms. Learn without checlting that it was the most recent revision. She drew attention to the fact tliat the syllabus at State's Exhibit 24 sllows that it was revised on .January 26,2010, so all students at all campuses would have received the revised syllabus. However, Cathy Learn testified that she did not Itnow there had been a revision to the policy because Ms. Cotlrell gave her State's E,xhibit 23, and she had 110 reason to believe that it was not the current policy. (Tr, at 566-568,286-289)
acknowledged that teachers were permitted to awaid "ext~a credit" in the past, 101 Ms Cott~ell but she said they may no longei do this:
Q: Do teachers have the flexibility in their classes to have, to put into the syllabus extra credit or extra help that students can get even if it's not completely outlined in the handbook? A: They did it this time. They no longer -- for extra credit. They no longer can put in extra credit. Q: Oltay. A: At this time there was a possibility, they were doing it.
In the Matter of: Miami .Jacobs Career College Practical Nursing Program Case No. 10-0719, Page 32 (Tr, at 565) She acltnowledged on c~oss-examination she did not know if eve17 student had the that opportunity to earn extra cledit (Tr at 600) 102. Ms. Cottiell emphasized that although iilstiuctors may implement different leinediation policies at different campuses, all students are still iequiied to attain a Level 2 score on the ATI:
Q: Are there different ways they can remediate a t different campuses? A: There's different ways they can remediate, yes. Q: But they still have to attain the same passing level on the ATI. A: Correct. Q: But teachers can implement different policies in terms of how they can best prepare for the ATI. A: Correct.
(Tr. at 567) 103. Concerning the "special group" of four students who, according to the surveyor's testimony, were going to be allowed to take the AT1 as many times as they needed, Ms. Cottrell explained that there was a small group of students who, for a variety of reasons, needed to re-enter the program after dropping out 'These students had to malte up only one more class to finish their programs. Ms. Cottrell testified that there were eventually seven students in this class, and that they were still required to achieve a L.eve1 2 on the ATI.. Therefore, she contends that there was no one that was not held to the standard of attaining a Level 2 (Tr. at 568-570) 104. Wynne Simpltins, the consultant that Miami Jacobs retained in April 2010, testified that the "Raising the Bar" policy was in the student handbook when she first saw the handbook, although she was aware that it was a relatively new policy at that time. She testified that she believed students were being held to that standard, and that it was being consistently applied. (Tr. at 647) 105. Thr.ee students from Miami .Jacobs also testified at the hearing. Two of those students, Carla Antwi and .Jonathan Rilte, discussed their familiarity with the AT1 exams. Carla Antwi stated that she has been required to talte the AT1 exams throughout her time at Miami .Jacobs, and that retnediation was offered to help her study for the AT1 exams. She said there is lab time and tutoring available for students who have not passed the ATI, or i f a student feels weak in any par.ticular areas, even if he or she has not failed a test. Jonathan Rike also testified that he has talten the AT1 exams, and that he felt very prepared for them, although they required some self-study. IHe said that when the AT1 policy was changed to require a Level 2, he received notification tluougll an email, with an updated copy of the student handbook, and through being spoken to by someone in the adlninistration, to advise hiin that the new policy would talte effect in three inonths (Tr at 494-496, 481-484)
In the Matter o f Miami Jacobs C a ~ e e College r Practical Nursing Program Case No 10-07 19, Page 33 Contracts with two clinical affiliates did not specify expectations of preceptors. 106. OAC Rule 4723-5-17(B) requires the following:
4723-5-17 Program contractual relationsl~ips
* *
:$
(B) When a plograln is using preceptors, the contract shall exp~essly f o ~ t h set the expectations the preceptors are to fulfill. 107. Cathy L,earn testified that when she conducted the Survey Visit at the Dayton campus on June 8,2010, she aslted Brenda Cottrell to show her any agreements that Miami Jacobs had with pediatric clinical affiliates, sites where students learn clinical sltills. Miami .Jacobs s ~ ~ b ~ n i t sthere were only two clinical affiliates at that time in which students were that participating in clinical pediatric rotation. Ms. Cottrell produced affiliation agreements with Adolescent and Pediatric Care in Tipp City, Ohio, and with United Rehabilitation Services in Dayton, Ohio. Ms. Learn identified Respondent's Exhibit N as the contract that she was given to show Miami Jacobs's affiliation with IJnited Rehabilitation Services. She testified that neither that contract, nor the one with Adolescent and Pediatric Care, included the required language that sets forth what expectations the preceptors at those locations were l. expected to f ~ ~ l f i lMs. L,ealm said that she aslted the clinical coordinator if there was another contract that had not yet been provided, but she was told that the contracts she had been given were the only ones, 1-I~is finding was included in the Survey Visit repoli, and addressed in Miami Jacobs's response to the report., (Tr at 262-264, Resp. Ex. N, St. Ex. 18 at 8, St..Ex. 21 at 7-8) 108 Ms. Learn gave exalnples of some oi the types ol responsibilities that might be expected of preceptols, including how inany students could be assigned to a preceptor, whether the preceptor would contribute to the student's grade or evaluation, and the method by which the preceptor could discuss a student's piogress with the fac~llty (Tr at 264-266) 109 At the hearing, the two Clinical Coordinators for Miami Jacobs, .Jacqueline Ferguson and Cynthia I-lassernan, conceded that the contracts with those two afiliates did not contain language that set forth the responsibilities that preceptors would be expected to fulfill. Cynthia I-lasseman testified that Miami .Jacobs has now had all of its affiliates sign new agreements that contain the language required by the Rule, even if preceptors are not used at a particular location. She said that she was not aware that those terms were missing from the contracts, before the Board bought it to the program's attention. Jacqueline Ferguson pointed out that not all clinical sites use preceptors; at some clinical sites, Miami Jacobs send its own instructors out to the facility to work with the students there. However, in responses to later questions, she acltnowledged that preceptors were used at these two particular sites. (Tr, at 447-449, 506-507, 533-534) 110. Ms. I-lassernan and Ms. Ferguson both identified Respondent's Exhibit N-l as the new agreement that was executed with United Rehabilitation Services, signed by the agency on July 30,2010 and by the program on August 2, 2010, to include this information. Ms,.
111the Matter ofi Miami Jacobs Careel College Practical Nursing Program Case No 10-0719, Page 34 Massernann explained that Miami Jacobs did not execute a new agreement with Adolescent and Pediatric Care, because it is 110longer using that office as a clinical site for its students,, She stated that with these changes, she believes the prograln is now in full compliance with the administrative rule. (TI. at 447-451, 507, Resp. Ex. N-l at 3)
Remediation Evidence
Testirnony of Darlene Waite 11 1. At the hearing, Miami Jacobs emphasized that many of the violations that the prograln was cited for occurred while the previous Program Administrator, Diane Cook, was in charge of the program. Miarni Jacobs terminated Ms. Cook's employment effective January 6, 2010, and it submits that it has made significant changes to its management structure and to its staff, to improve its prograln and prevent the same lcind of probleins from occurling in the future., 112. Darlene Waite, the president ofMiami Jacobs Career College, testified that she realized that she was having problems getting information from Diane Cook, and that M s Coolc appeared "semiscatiered" at meetings. She said that when Ms. Cook infor~ned that the 2009 her Survey Visit had been changed from October to December, she did not infor~n that the her date change was due to any failing 011the part of Miami Jacobs. Ms. Waite said that when she read the Board's Survey Visit repol? on January 5, 2009, she was surprised about much of the infomlation in it, including the ~nissed deadlines. She met with Faith Mitchell to discuss whether the school had anyone else that could assume the Program Director's position. At that time, Brenda Cottrell llad been working on creating an RN program for stop worlcing on the RN program, Miami Jacobs, and it was determined that she sl~ould because she was needed as the Program Administrator of the PN program. (Tr. at 336-342) 113. Ms. Waite testified that she was "stunned" when she learned that the Board was seelcing to revoke the college's approval for the PN program, and that she lcnew the prograln was in "serious trouble." She hired a human resources consultant, a business consultant, and a personal coach for Brenda Cottrell, all with the goal of improving leadership and management slcills. In addition, Miami Jacobs retained the services of Wynne Simpkins as a nursing program consultant. Finally, in April 2010, the college made the decision to stop admitting new students to the program, so that it could focus on correcting deficiencies and building a strong practical nusing prograln The management structule was also changed Ms. Waite testified that Diane Coolc used to repoll to Faith Mitchell, the Campus Director, who in turn reported to her (Ms. Waite.) Now, the new P ~ o g r a ~ n Administrator reports directly to M s Waite, without a Ca~npus Director in between. Faith Mitchell, the Campus Director at the time that Diane Coolc was the Program Administrator, has been reassigned as the Cainpus Director at the Sharonville campus, which does 1101have a nursing prograrn. (Tr. at 341-345,366, 547-548) 114. Ms. Waite testified that she had a strong nursing team that took part in the program that Wynne Simpleins directed, and this team also wrote policies to cornply with the
In the Matter of: Miami Jacobs Career College Practical Nursing Flogram Case No 10-0719. Page 35 Administrative Code. Ms Waite said that the college is committed to compliance, iT the Board continues its approval status: [Ilt's my sincere colnmitlnent and all of ours that we would comply fully with every element ofthe Ohio Administrative Code. It's our goal to exceed the expectations of the Ohio Board of Nursing. We really want to build a partnership with the Board ofNursing so that they feel proud of the graduates of our school. And basically we just, we think through this hearing that and it's our goal to show that com~nit~nent to provide evidence that anything and of thc past is in the past., (Tr. at 346) Testimony o Brenda Cottrell f 115. Brenda Cottrell, the current PI-ogramAdministrator for the practical nursing program at Miami .Jacobs, testified that she was appointed to that position on .January 11,2010, aAer serving as a faculty member for the college. When she was a faculty member, she taught pharmacology, anatomy Br, pl~ysiology, maternallchild health courses While she was an and instructor in 2008, she had heard that Miami .Jacobs had a Consent Agreement with the Board of Nursing. (Tr. at 592, 544-545, 592) However, she did not read the Consent Agreement until a month or two after she was appointed as the Program Administrator:
Q: When did you first read the consent agreement? A: I don't know specifically the answer to that in telnls of the time flame Q: Was it shortly after you began as Program Administrator? Can you estimate how long you were in that role before you read it? A: A month or two maybe Q: And would that have been the same time you read the addendum? A: Most lilcely I can't speak to that exactly
(Tr. at 620) 116. Ms. Coltrell explained that she came into "a mess" when she was suddenly placed in the role of the Program Director, and that she had many other responsibilities that caused her lo delay reading the Consent Agreement and Addendum:
Q: When you decided to accept the job as the Program Administrator, did you aslt about whether there was a consent agreement? A: Eventually, yes Q: Why wasn't that the very first thing you aslted about? If you were going to be responsible for this new program and you bad heard that there might be this consent agreement, wouldn't that be foremost in your mind? A: There was a lot of things fo~emost my mind at that point along with thc in fact thal I was finishing up faculty duties. 1 was teaching three classes at that
Matter oi: Miami Jacobs Career College II~ Practical N L I I S ~Program Case No 10-07 19, Page 36 time till approximately the third weekend of February. I had the site visit report I had to formulate on a visit where I was not in the administration, 1 was faculty at that time, so I was not privy to the preinterview, the exit interview, or any of that during that site visit.. So I was coming in responding to a report that, in essence, I was not involved with at that visit There's also a progress report that was due March 4. So within a couple inonths of assuming the position I had to teach out my classes, write two repolls, and try to orient myself to this position. So there were Inany things going on at that time. (Tr. at 619-620,548) I 1 7 Ms. Cottrell identified Respondent's Exhibit U, a document that is being used to monitor progress, outlining the changes in policy that the school has been developing and reviewing. It includes a summary of policies put into place since she has been the Program Administrator, upon the reco~n~nendations ofthe Board. Ms. Cottrell said that the college membe~ at has put in associate administrators at two of the campuses and has a lead fac~llty the other. It has also retained a nursing hiring manager to deal with faculty hiring, and has with the Board's reviewed student files and the student handboolc to make sure they co~llply rules Linda ICiinble, a consultant, was hired to review the entire curriculum. Ms. Cotlrell said that the prograln has revised its faculty orientation process, and has gone over the systematic plan of evaluation in great detail. (Tr. at 581-585, Resp. Exs. T-9, U )
111 the
1 18. Ms. Cottrell was aslced why the college did not close the Springboro and Troy campuses and bring those students to the Dayton campus, when it stopped admitting new students to the prograln in April 2010. She explained that the students who enrolled at the Troy and Springboro calnpuses signed a contract to have their classes at that campus. The last class is scl~eduled graduate from those campuses in duly 201 1 . (Tr at 583-585) to
119. Ms. Cottrell summarized why she believes Miami Jacobs should be permitted to continue its practical nursing program:
Q : " " " [ W I~y should this board either grant full approval or extend I
conditional approval of this program? A: I've thougl~t lot about that, and to me, it boils down to lcind o f a talceoff a ofA Tale of Two Cities which was this was the best of times and the worst of times, but this is, I'd say kind of the best thing that ever happened to us but also the worst. The best in that it opened the door for all the improvements that we were allowed to make., It took down the real or perceived discrepancies or disparities between the nursing prograln and the academic side, whether it's the deans or the campus directors, whomever, but it was like we were playing tug of war, we were pushing and pulling against each other, and through this process with the Board of Nursing it took that away. A11d we have all the resources that we have needed. I'll say Miami .Jacobs, to separate that off from nursing, is fully, 100 percent behind the
In the Matter o f Miami Jacobs Carcer College Practical Nursing Program Case No 10-0719, Page 37 program. The nursing administrative team is dedicated a hundred percent.. We are for this program. We worlced vely hard the last six months in terms of making these changes not only retroactive to the ones that we were deficient in, but also proactive to look ahead to be more visionaries in the program of what we could do to malce our program the best in Ohio because that's where we're going if we are allowed the chance. We have good faculty; they have expressed to me that they really see the difference now, and we believe that even though they're not official statistics, we believe by tlle NCLEX statistics that we've pulled fionl reports received from the Board of Nursing that it is showing an improveinenl, that our nurses are graduating with more slcills and better prepared to enter that work force. And we are under no assun~ption it's going to be easy, whatever the that Board rules. We know it's a continuous process of improvement, and we are all motivated, and myself in particular, to continue this process for improvement. ( T r at 588-589) Ilnprove~nent NCLEX Scores in 120. Miami Jacobs submits that it has shown evidence of iinprovement in its program by increased NCLEX scores. It offered Respondent's Exhibit Q to show the pass rates for its graduates. This document separates the pass rates by campus, and by graduation date. Ms Cottrell explained that this spreadsheet was created by Miami .Jacobs to track progress, and to demonstrate that students who were educated under the new standards in use at the school, including classroom changes and the use of the AT1 exams, have performed significantly better on the NCL.EX exam than previous students. Respondent's Exhibit Q-1 was also introduced, which M s Cottrell identified as a spreadsheet to show the scores of 2010 graduates only. It shows a total pass rate of78.95%, whereas the average pass rales for earlier classes, as shown on Exhibit Q, were typically in the 60% range.. Ms. Cottrell said she is very hopeful that this trend is leading up, and that the higher standards implemented in 2010 will continue to result in higher pass rates. Darlene Waile, the college's president, lilcewise characterized the pass rates for May and .July as "phenomenal." (TI. at 575-580, 347, Resp. Exs. Q, Q-I) 121 . The State disputes the statistics advanced by Miami .Jacobs, and offeered State's Exhibits 25 and 26 into evidence. Lisa Emrich testified that the Board of Nursing uses the slatistics compiled by the Pearson company, which administers the NCLEX. She said that the Board itself does not calculate results, nor does it accept results that a school tabulates for itself, She identified Slate's Exhibit 25 as the "Pearson Vue" spreadsheet that shows the pass rates for Miami .Jacobs's students. Ms. Emrich stated that the college's pass rate in 2008 was 57.14% (St. Ex. 25 at 3); in 2009 it was 63.82% (St. Ex. 25 at 2); and for the lirst two quarters of2010 il was 63.21% .(St. Ex. 2.5 at I )
111the Matter of: Miami .Jacobs Ca~eer College Practical Nursing Program Case No 10-07 19, Page 38 Ms. Emrich then referred to State's Exhibit 27, to show that in 2008, the national average pass rate for all nursing schools was 85.62%, and the average pass rate of Ohio test-talters was 89.27%. She explained that State's Exhibit 26 shows the pass rates for the year 2009 In 2009, the national average pass rate was 85.,73%,while Ohio test-talcers had an average pass rate of 88.14%. ( T r at 127-135) 122. Ms. E~nrich also disputed the propriety of applying the statistics shown at Respondent's Exhibit Q-2, which Miami .Jacobs submits were talten from the NCLEX website. She said the statistics shown 011Exhibit 4 - 2 were not analogous to the Pearson-Vue data because they separated results by I1.S.-educated candidates vs, internatio~~ally-ed~lcated candidates, whereas the Board looks at all first-time test candidates, whether educated in the United States or abroad (Tr, at 137-139) 1 2 3 At the start of the hearing, only the first two quarters' scores for the year 2010 were available from Pearson Vue, and those were shown at State's Exhibit 25. I-lowever, by the third day ofthe hearing, additional scores were released, and the State introduced State's Exhibit 3 0 It shows that first-time test candidates who graduated from Miami Jacobs in May 2010 had a pass rate of 74.07%, and first-time candidates who graduated from Miami .Jacobs in .July 2010 had a pass rate of 87.10%. Miami .Jacobs's year-to-date pass rate for 2010 thus far is shown as 69.15%. The same document shows on the second page that Ohio's year-to-date pass rate thus far is 9 1 14%, and the national average, shown on the third page, is 87.26%. (Tr. at 665-666, St. Ex. 30) 124. Ms. Emrich testified that the Ohio Board uses statistics relating to first-time test candidates, because OAC Rule 4723-5-23, ltnown as the "95% Rule," uses statistics based on i5rst-time candidates. She explained that the Board has a benchmark that a school's pass rate should be at least 95% of the national average. The 95% Rule requires the Board to review any program that does not meet that standard for three consecutive years; however, she said that the Rule applies only to programs that are on full approval, and not those 011conditional approval. On cross-exa~nination, Ms. Emrich aclcnowledged that the Board has 1101cited Miami Jacobs with violating the 95% Rule, and in fact, that it has never withdrawn a school's approval because it fell below the standards required by that Rule. (Tr. at 135-139, 162-1671 125. Miami .Jacobs submits that it has not presented its scores in such as way as to artil5cially inflate the~n.Brenda Cottrell testified that the reason the school separated its pass rates by campus on Respondent's Exhibits Q and Q-1 is that the different campuses have different student demographics She said that the intent was to track whether the changes implemented in the nursing program have resulted in higher test scores, among the different demographic groups at each campus. Ms. Cottrell emphasized that the reason the scores were broken down by graduation date is to show whether the higher standards that were put in place in 2010 have resulted in higher pass rates for the NCL.EX exam, and she submits that the improvement is documented. (Tr. at 575-580)
acknowledged that if Miami Jacobs showed its NCLEX 126 On cross-examination, Ms. Cott~ell scores the same way that Pealson-Vue does, those scores would be different She said that
In the Matter of: Miami Jacobs Career College Practical Nursing Proglam Case No. 10-0719, Page 39 Mialni Jacobs does monitor the Pealson-Vue data, but chose to plesent its NCL.EX scores diffeiently in Respondent's Exhibit Q because the Pearson-Vue scores comc out on a quarteily basis only She stated that she believes Miami Jacobs is ~nonitoring data on a the more currcnt, weekly basis, to see if its students' scores are i~nl~loving at 612-617) (TI
Testimony of Students or Past Students: Jonathan Rilce. Carla Antwi. and Steve Van Winkle 127. Jonathan Rilce is a fi~lldme practical nursing student at Miami Jacobs Career College in the night progan, who will graduate in December 2010. He is also a licensed Emergency Medical Technician [EMT], and he worlcs on a "PRN" basis at Carriage Inn Nursing ]Home in Dayton. He testified that when he enter'ed the pro@-an,the adn~issions stalf was very helpful to him in arranging financial aid, a1d he has been pleased with the proganl. He attends classes in a classroom two days a week, and he spends two days a week in his clinical experiences. Mr, Rike described the faculty at Miami Jacobs as very responsive to any questions or concetns he Ins raised, and he said that all instructors have an "open door" policy. Ile said that he has been informed of any clmnges to the program, such as changes to attendance policies, by his instructors well in advance of their effective date. Mr. Rike said that he respects Ms. Conrell, who was one of his instructors, and he described her as a very competent instructor who is lcnowledgeable and 11elpfu1, and who listens to ller students. (Tr. at 478-490) 128. Carla Antwi attends Miami Jacobs fulltime, while also working as an STNA [State Tested Nurse's Aide] for I-leartland ofurbana, and raising her three children. Ms. Antwi will also graduate in December 2010. She said that she used to worlc in accounting, but with the changing job market, she decided to pursue licensure as an STNA, and later as an LPN. She said that she chose to start a career in mirsing because she likes to llelp people, a ~ because d nursing offers her benei career opport~mities.Ms. Antwi is the student body president a11d a student ambassador at Miani Jacobs, charged with taking questions or concerns froin students to faculty members. She reported that the program Ilas been responsive to any questions or concerns she has raised. She plans to pursue licensure as an RN after she completes her program, and she would eventually like to be the Director of Nursing at a nursing home, because she finds it rewarding to worlc with geriatric patients, especially Alzheimer's patients. Ms. Antwi believes her classroom and clinical experiences have prepared her well for the AT1 exams. She said that she has had an "excellent experience" with the program, and that ller time there has been "time well spent." (Tr. at 491-501)
129. Steve Van Winkle, LPN, is a charge nurse at Wood Glen Alzheimer's Community. He received his nursing education froin Miami .Jacobs Career College at the Springboro canpus, and was licensed in March 2010 Mr. Van Winkle testified that he started a nursing program when l1e was in his twenties, but did not finish. He then had a fanily, and began working as a truck driver. When he was awarded custody of his children, he realized that he could not raise llis children while working as a long-distance truck driver, so he decided to go back into nursing.. Ile chose Miami .Jacobs because he had heard good things about its program, and because it was conveniently located near his house He said that Miami Jacobs provided him with the skills he needed to be successful on the NCLEX and in his job as a nurse. He described the progal1 as "absolutely grueling," a ~ lie said that he had to study "hours and hours" outside of class. Mr, d
In the Matter of: Miami Jacobs Career College Practical Nursing I'rogram Case No 10-0719, Page 40 Van Winlcle said that the faculty members have ru1 open-do01 policy. and he related a situation where Saculty members voluntarily teamed up to help a student that he lmew who was falling behind. (TI at 535-541)
Testimonv of R. Wvnne Simulcins. RN 130. Wynne SimpI(ins 118s been licensed as a registered nurse in Ohio since 1977. She has a long history in nursing, including being enlployed by the Ohio Board of Nursing for ten years, five of those years as the manager ofthe Nurse Education and Practice unit. She currently works as a consultant through her own business, RWS Education, L.LC. In that position, she presents continuing education programs for nurses to educate them about the laws and rules that apply to nursing, and she consults with pre-licensure nnurse education programs. Ms. Sin~plcins was retained as a consultant by Miami Jacobs in April 201 0 to review its program. (Tr. at 629-634, Resp Ex. T-3) 131 Ms Sin~olcins testified that she reviewed all facultv files and found that all of the inshuclols were qualified to hold the positions they currently hold, adding that the college had tlilnscripts in the faculty files to verify the instructois' qualifications. She maintained her opinion that Eva ~i1lamor:~oubeaux the qualificatio~;sof the Rule to be an associate Pro&anl Init Administrator, as discussed earlier in this report., She has also reviewed the student handboolc and has gone tlvough evely policy and procedure with faculty to malce sure they understand them. Ms. Simplcins noted that there is a new faculty handbook that has been reviewed and is ready to be implemented, which includes everything a faculty member would need to know, with a section specific to the nursing program, In addition, the college hired L.inda I<inlble, MSN, a consultant, to review its entire practical nursing curiiculu~n. Ms. I<imble has written nurse education programs, and has been the Program Administrator for a practical nursing program and a registered nursing prograin. Ms. Siinpkins stated that she believes the program is currently in fill1 compliance with all of the provisions cited in the March and July Notices. (Tr., at 637-638,642-644,650-652, RespEx. T-9) 132. Ms. Simplcins prepared a report that analyzed each alleged violation from the March Notice and progress the July Notice. In the "Comments" section ofthat report, she summarized the scl~ool's to conect any deiiciencies. She stated her opinion that the progall1 has now corrected all deficiencies that were "correctable," explaining that while it is not possible to con.ect the fact that a report was filed late, there are now procedures in place to prevent it fro111happening in the future. Ms. Simplcins said that she believes the previous Program Adnlinistrator missed deadlines because she had little oversight. Now, there is a "check" in place; if Ms. Con~ell did not fulfill her responsibilities, it would be noticed by Darlene Waite, who is now her direct supervisor. She described Darlene Waite as "very, very involved" in the proBam, and stated that Ms. Waite now meets with Brenda Conrell regularly., Ms. Waite also attends nursing administration team meetings, so she has input from all faculty and does not rely on the Program Administrator alone for information. (Tr. at 644,645-647,652-653, Resp Ex. R) said 133 Ms Si~nplci~is that she believes Brenda Cottrell is performing adinilably in her new role as the Program Administrator:
In the Matter of: Miami .Jacobs Career College Practical Nursing Prog~arn Case No 10-0719, Page 41
Q: In your worltings with Ms. Cottrell in the past six months how would you describe how she's doing in that job and -- just basically how is she doing in that job? A: I think she's doing re~narlcably well in that job. She's strong. She's intelligent., She came in facing a lot of issues that needed to be repaired. She has been able to undertalce that job and turn the program around. She came into a staff that was at three different campuses and had allegiance to that campus and she has made them a cohesive group that's now a nursing stafi.
(Tr. at 636) 134. Ms. Simplcins testified that she believes Miami Jacobs should be pe~n~itted continue its to practical nursing program (Tr, at 653) On cross-examination, she was aslced if she would recommend this prograin to a prospective nursing student. She said that she would recommend Miami Jacobs to a prospective student, and explained her reasons: A: Because this program has taken itself apart and put itself back together in the past six months, and I cannot say that every program in the State of Ohio has done as thorough of a self-examination as tllis program has, and so they now 1cnow that their program meets these rules., And evely faculty member IWOWS what those rules are now (Tr. at 660)
FINDINGS OF FACT 1 Miami Jacobs violated the terms of' its March 2008 Consent Agreement, the terms of its March 2009 Addendum, and Rule 4723-5-09(D)(l) by failing to give the Board written notice, within 10 business days, of a change in its Program Administrator. Althougll B~enda Cottrell replaced Diane Cook as the Program Administrator on January 11, 2010, the Board did not receive written notice of that change until March 10, 2010, Miami Jacobs violated the terms of the March ,2008 Consent Agreement and the terms of' the March 2009 Addendum by submitting false, deceptive or misleading statements to the Board. In the March 2009 Addendum, Miami .Jacobs represented that it had replaced two instructors who were found to be unqualified. However, the only minutes that exist for the April 1, 2009 faculty meeting show that one of those instructors remained employed in her position, and the minutes reflected that it was the college's intent to continue to employ her despite the concerns of the Board of Nursing. Testimony at the hearing established that the unqualiiied instructor continued to teach through the end of April 2009, Miami Jacobs violated OAC Rule 4723-5-06(C) and Rule 4723-5-05 by failing to submit a Pre-Survey Visit Report to the Board, at least three weelts prior to the Survey Visit that
2.
In the Matter of: Miami Jacobs Careel College Practical Nursing Program Case No. 10-07 19, Page 42 was scheduled for October 28-29, 2009 When no report was submitted, the Survey Visit was rescheduled for December 2-3, 2009. Although the Pre-Survey Visit Report was due on November 12, 2009, the program again failed to submit a timely report. The PreSurvey Visit Report was not received by the Board in a format that could be opened until November 20, 2009 4. Miami-lacobs violated OAC Rule 4723-5-06(B)(I) by failing to give students notice of the correct dates of the Board's Survey Visit, scheduled for December 2-3, 2009. Instead, students were notified that the Survey Visit would take place on December 1-2, 2009., Miami Jacobs violated OAC Rule 4723-5-17(A) by failing to have on file at the program office current copies of all cooperative agreements with clinical agencies, signed by both parties to the agreement. At the Survey Visit on Dece~nber 2-3,2009, Miarni .Jacobs did not produce an affiliation agreement for its contract with Harborside I-iealthcare that was signed by both parties to the agreement. The only copy made available to the Board's surveyor during the Survey Visit was signed by I-larborside Healthcare, but not by Miami .Jacobs. At the Sulvey Visit on June 8, 2010, Miami Jacobs was not in compliance with OAC Rule 4723-5-09(B)(4) because its Program Administrator had not implemented an orientation program for new faculty. Although the college had a plan for faculty orientation described in its Nursing Faculty Orientation Manual, the files ofthose employees hired in 201 0 had no evidence that they had received any ltind of orientation At the hearing, several instructors testified that they performed some lcind of orientation Sor newly-hired nursing faculty members, but they used various different plans and guidelines. Eva Villainor-Goubeaux ~lsed class syllabi and the portfolios kept by previous instructors the to conduct orientations; Jacqueline Ferguson used a powerpoint presentation along with a "shadow" experience of another faculty member; Cynthia Hassernan ~lsed own her checltlist None of the instructors who said they conducted orientations used the plan in the Nursing Faculty Orientation Manual that Miami Jacobs represented to the Board that it was using., Miami Jacobs violated OAC Rules 4723-5-09((B)(S) and 4723-5-1 1 by appointing Eva Villainor-Goubeaux to the position of Associate Program Administrator 011May I, 2010, when she did not have the required two years of experience as a faculty member in a nursing prograln For the reasons explained in the Discussion section of this report, I find that under the "plain meaning" of the term "year," Ms. Villalnor-Goubeaux fell short of the two years of experience required by the Rule, and therefore, was not qualii7ed to hold that position. Miami Jacobs violated OAC Rules 4723-5-12(A) by failing to consistently implement its own wlitten policies for student proglession and the satisfactoly compleLion o l each course in the practical nursing program This is evidenced by the college's failure L o implement consistent policies concerning student attendance at clinical expeliences, and its failure to implement consistent policies concerning when a student must take the AT1
5.
6.
7.
In the Mane1 of: Miami Jacobs Carcer College Practical Nursing Froglain Case No 10-07 19, Page 43 exams, what level of achievement would be required on each test, and whether there would be any opportunities for retakes or remediation. 9. At the Survey Visit on June 8, 2010, Miami Jacobs was not in compliance with OAC Rule 4723-5-17(B) because the college's contracts with two affiliates, Adolescent and Pediatric Care, and United Rehabilitation Services, did not set forth the expectations that the preceptors used at those locations were expected to f~ilfill, required by the as administrative rule,.
CONCLUSIONS OF LAW
1.
The Board has met its burden of proving, by a preponderance of the evidence, that the Miami Jacobs Career College Practical Nursing Program was not in coinpliance with several rules contained in OAC Chapter 4723-5 at the time ofthe December 2009 Survey Visit, and that it was also in violation of several rules at the time of the .June 8,2010 Survey Visit. Further, Miami Jacobs has violated the tenns of its March 2008 Consent Agreement and its M a c h 2009 Addendum wit11 the Board. Therefore, pursuant to R.C. 4723.06(A)(6), the Board has the authority to deny fill1 approval status to this program, and continue its conditional approval. In the Board's discretion, it also has the authority to withdraw conditional approval.
DISCUSSION
It is very difficult to reach a recommendation in this case, because there are as many reasons to support withdrawal of conditional approval as there are reasons to support an extension of conditional approval. As I considered the evidence following the hearing, 1 vacillated in illy opinion ofthe appropriate recornmendation, and I find that 1 still have very mixed thoughts about what the outcome of this case should be. For those reasons, although 1 am malting a reluctant recommendation that the program remain on conditional approval for an additional year, 1 inust defer. to the Board's expertise to evaluate whether the deficiencies in this prograin have been adequately corrected and reniediated, or whether the violations are serious enough that they compromise the program's ability to graduate well-trained, well-prepared students who will become competent nurses. This is the third time that the Board has brought charges against this practical nursing program., By entering into a Consent Agreement in 2008 and an Addendum to the Consent Agreement in 2009, the Board has already offered Miami .Jacobs a second chance, and even a third chance to correct deficiencies in the program; yet some ofthose same probleins have continued to recur. In reviewing this program's history with the Ohio Board of Nursing, several pervasive problems are apparent, including problems with the continuity of its Prograin Administrator, and with its hiring of underqualified instructors or administrators. In 2007, Miami Jacobs was found to have hired an unqualified Prograir~Administrator ( A Shilling), which was addressed in the Consent Agreement. In 2009, it was found to have two unqualified inslructors teaching nursing. Although the college represented that it no longer employed those instructors in the March 2009 Addendum to the
1 1 the Matter or: Mianli Jacobs Career College 1 Practical Nursing Proglam Case No. 10-07 19, Page 44 Consent Agreemcnt. it was late1 discovered that one of those instructors in fact remained employed through April 2009, even after the college was aware that she was not qualified to teach a nursing coulse. There have also been recurring probleins with the program's progression of students through the clinical part of the prograin. In the March 2008 Consent Agreement, Miami Jacobs agreed to obtain clinical experiences for its students, and aclcnowledged that those experiences must be supervised by a faculty member or preceptor who meets the requil-ements of OAC Chapter 4723-5. A year later, in the March 2009 Addendum, Miami Jacobs admitted that it had no way to verify that 40 of its st~idents completed the necessary clinical experience portion of their progratll,, had As recently as the Iune 2010 Survey Visit, some students were found to have been permitted to miss clinical experiences, or to lnalce them up by writing a paper that had nothing to do with the clinical competency aspects of nursing practice Miami Jacobs contends that many of the program's violations of the administrative rules occurred under the previous Program Administrator, Diane Cook. While Ms. Cook was clearly responsible for some of the violations that show a poorly-run program, such as the failure to submit tinlely Pre-Survey Visit Reports and notifying students of the incorrect date of the Board's Survey Visit, this cannot sufficiently excuse the fact that the college did not conlply with the laws and rules that govern its nursing program. And, the fact that some of the same types of violations have persisted into the tenure of the current Program Administrator, Brenda Cottrell, is cause foi- concern, One of those recurrent violations concerns the prograin's failure to notify the Board of the change in its Program Administrator. Because of earlier issues with nunlerous different Program Administrators, the Board and Miami Jacobs agreed in the 2008 Consent Agreement that the college w o ~ ~ provide the Board with written notice of the appointment of a new Program ld Administrator within ten days of that person's appointment. Brenda Cottrell began sewing as the Program Administrator on .January 11, ,2010, yet the school did not provide the written notice to the Board, as it promised to do in the Addendum to the Consent Agreement, until March 10,2010, about two months later. Ms. Cottrell might have been aware of this requirelnent in time to comply with that requirement, if she had read the Consent Agreement promptly. I-lowever, she waited "a month or two" after her appointment as Program Administrator to read the Consent Agreemcnt, even thougl~ was aware that the Consent Agreement existed when she was a she faculty member. It is disingenuous for anyone from this program to claim that the Janualy 20, 2010 email in which Faith Mitchell referred to Ms. Cottrell as the "proposed adininistrator" was a sufficient notification that a new administrator had been appointed. To call her a "proposed administrator" when she had already been appointed to that position without the Board's lcnowledge or approval is a misrepresentation. Another problem that persisted into Ms. Cottrell's tenure as Prograrn Administrator concerns the college's failure to hire instructors and adlninistrators who met the qualifications set forth in the Ohio Administrative Code. Eva Villamor-Goubeaux was hired to be an Associate Prograrn Administrator when she had little more than one year of teaching experience, and not two years of experience as required by Rule 4723-5-1 I(A)(2). Miami .lacobs maintains that she was qualified, because if the definition of "academic year" in another section is used to define "year," then Ms.
In the Matter oi: Miami .Jacobs Career College Practical Nursing Program Case No 10-07 19, Page 45 Villamol-Goubeaux needed only 60 weelts to have the "two years" ol experience needed linde~the Rule For the following reasons, I am unpersuaded that this is a collect interpretation First, Rule 4723-5-1 1(A)(2) requires "two years" of experience as a faculty member; it does not require "two academic years." Althougl~ term "year" is not defined in Chapter 4723-5, it is the defined in the introducto~y sections of the Ohio Revised Code. R.C. 1.44(B)defines "year" as that "twelve consecutive months" Moreover, it is a basic principle of statutory constr~~ction rules are to be given their "plain meanings." R.C. 1.42 provides that "words and phrases shall be read in and context and construed according to the rules of grani~nar colnlnon usage.." Numerous Ohio S ~ t p r e ~ Court decisions rely 011the ~ n a x i ~ n terms in a law or rule are to be interpreted ne that according to their ordinary or common usage. In Stare ex re/. Ohio Dept of Healfl?11 So~t~alcl (1992), 65 Ohio St. 3rd 338, 342, the Court noted, "The first rule of statutory interpretation is to give effect to the plain meaning of the words einployed in the statute," and ruled that "an una~nbiguous statute must be applied in a manner consistent with the plain ineaning of the statlrtory language." Likewise, in S/fl/eex re/ Bur-r-o111.s I17dzfitrifllC O ? ? ~ ? I I ~ IS997), 78 1 1 ( S~O?~ Ohio St. 3rd. 78, 81, the Court said "We look to the plain language of the statute to determine the legislative intent." In State ex. rel. Pennington v Gundler (1996) 75 Ohio S t 3rd 171, 173, the Court cited R.C. 1.42 in ruling that "Words used in a statute are to be talten in their usual, normal, and customary meaning." 1 find that to define "two years" as sixty months does not give that term its plain meaning. There is also precedent to establish that a licensing board should be given deference in the interpretation ofthe administrative rules that it has enacted, In Ohio Opfical Dispellsers Board], Star Beauty Sz,pplli Inc., 2007-Ohio-3464', the Court of Appeals for the Sixth Appellate District upheld the Optical Dispensers Board's interpretation of "contact lens" despite a beauty supply store's contention that the zero-powered cosmetic contact lenses that it sold were not "contact lenses" because they did not correct vision. The Court cited an earlier Ohio Supreme Court decision, State ex re/. Celebr-ezze Natl Lime & Stolie Co (1 994) 68 Ohio St. 3rd 377,382, in explaining its finding: "Driving our determination is the long-accepted principle that considerable deference should be accorded to an agency's interpretation of rules the agency is required to administer." In R.C. 472.3.06(A)(1), the General Assembly gave the Ohio Board of Nursing the power to administer and enforce its laws and any rules that it adopts, and the Board's Education Manager, Lisa Emrich, testified that two years means twenty-four months. For all of these reasons, and in deference to the Board's ability to interpret its own rules, 1 cannot accept Miami Jacobs's creative interpretation of the tenn "year" in a way that justifies hiring an underqualified instructor to be its Associate Program Administralor.
IJ
Once again, I find it disingenuous for Miami lacobs to contend that it believed the Board had approved its hiring of Ms. Villamor-Goubeaux, based on Faith Mitchell's elnail (copied to Brenda Cottrell) that represented her to have "21 months" of experience as a faculty nilember. It is true that the Board sent a reply stating that M s Villamor-Goubeaux would be qualified once she co~npleted additional t h e e tnonths of teaching experience. I-Iowever, that was based on the an Board's understanding that this instluctor did, in fact, have the "21 months" ofexperience that Ms. Mitchell ~epresented to have. Based on a review of this instructor's resume, it seems to be a her
8
A copy o l tile Coui t's unieported opinion is attached to this Report and Recommendation
In the Mailel of: Miami Jacobs Career College P Practical Nu~sing ~ o g ~ a r n Case No. 10-0719, Page 46 blatant misrepresentation that she had "21 months" of faculty experience, as I cannot fathom any of way that Ms. Mitchell could have reasonably counted 21 ~nontlls teaching experience as of Februa~y 2010. And, it is important to note ihat Miami Jacobs itself used "months" in counting 2, the instructoi's experience when it made that representation to the Board, so it is inconsistent for the program to claim now that experience should be counted in weelcs This program's occasional ~nisrepresentations,and the fact that it continues to advance arguments based upon ~nisrepresentations (eg., that it notified the Board of a new administrator in the elnail calling Ms. Cottrell the "proposed administrator;" and that Eva Villalnor-Goubeaux fulfilled "two years" of experience by having sixty weelcs of experience) prevent me from having a sense that this program has acted in a spilit of honest cooperation with the Board. Instead, it has seemed, at times, defiant of the Board's regulation of its program. This defiance was shown, for example, in the school's decision to continue to ernploy the instructor that it said it had replaced, and its statement in the faculty minutes that it lcnowingly chose to do so, even though ihis was not in compliance with the rules governing the nursing program. The Board is made up of experts in nursing froin throughout thc State, appointed by the governor, are upon the theory that the best people to license and regulate nurses and nursing scl~ools nurses themselves. While 1 did get a sense of professionalism and respect for this peer review system kom some ofthe Miami Jacobs personnel, such as Darlene Waite and Cynthia Hassernan, several of those involved in advancing the misrcprese~~tations still employed in high positions with the are college, causing concern about whether there will be continued conduct that evidences dishonesty or a lack of cooperation with the Board if the program continues. Because of ihis program's troubling histo~y the fact that some significant deficiencies have and reoccurred even after thc replacement olthe school's Program Ad~ninistrator, therc are very valid reasons for the Board lo withdraw this program's conditional approval.. I-lowever, some of the evidence presented at the hearing suggests that it may instead be appropriate to continue the program's coiiditional approval and allow one more opportunity for the college lo demonstrate that it can comply with what is expected of it. Faculty melnbers testified that the program has for instituted new standa1.d~ studcnt achievement, and that those standards have resulted in muchimproved scores for its students talcing the NCL.EX, the licensing examination to become nurses. Although the most recent pass rates are still lower than the average Ohio pass rate, they are significantly better than thc very low pass rates that this program's students have had in previous years. The students who testified at the hearing were nothing short of inspiring They appeared bright and competent, and had positive professional attitudes that anyone would want to see in a nurse caring for them in a hospital or any medical facility. Finally, Wynne Sirnplcins testilied ihal she has reviewed this program and that after "reinventing itself' by co~nbing ihrougll every policy and procedure, every aspect of its program, the program now complies with all of the Board's I-ules governing a nursing program. In giving this program the benefit of the doubt that it has corrected its deliciencies, I arn inclined to recommend ihat the Board extend its collditional approval for one more year, although 1 inust ultimately defer to the Board for the appropriate disposition of this case, The Board is in a unique position in terms of its ability to evaluate the seriousness of the program's repeated violalions, and ability to provide high-quality training to its students, enabling tlwn their impact upon the scl~ool's
In the Matter oi: Miami .Jacobs Careel College Practical Nursing Program Case No. 10-07 19. Page 47 to become well-prepared, sltilled nurses. If the Board finds that these deficiencies have been so egregious that ihis program's conditional approval should be withdrawn, then I recommend that the Board provide the program with a reasonable period ofiime in which its current students can finish out their programs before ending its approval Finally, if the program is allowed to remain on condiiional approval for an additional year, then I recommend ihat the Board examine iis authority to require that Miami Jacobs take responsibility for the cost of the Iengihy hearing. If ii was this process that forced Miarni Jacobs to ~nalte improve~nents come into co~npliance to wiih the rules governing its program, then some consideration should be given to whether that expense should be borne by the Ohio Board of Nursing, or by ihe program itself,
RECOMMENDATION
I recommend that the Board continue the condiiional approval status of the Miami Jacobs Practical Nursing Program for at least one additional year, or such time as the Board determines is appropriate. I also recommend that the Board impose whatever conditions it deems appropriate upon this program to demonstrate that it is maintaining full compliance with all ofthe Rules governing pre-license nursing programs in Chapter 4723-5, inclnding additional monitoring or survey visits by the Board
Ronda Shamansky IHearing Examiner
ICitc as O l ~ i o Opricnl Dispensers Bfl. a Sfnr Benr~l)~ Snpply, I~tc., 1007-0bio-.3J64.j
IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY

The Ohio Optical Dispensers Board Appellee v. Star Beauty Supply, Inc. Appellant
4 4 : :
Coul-t of Appeals No. L-06-138.3 Trial Court No. (2106-2784
DECISION AND JUDGMENT ENTRY

Decided: July 6, 2007
* 4: *
Marc Dann, Attorney General, and Peter R. Casey, IV, Assistant Attorney General, for appellee. Neil Stewart McEJroy, for appellant.
PIETRYKOWSI<I, P.J.
{ 1 ) Defendant-appellant, Star Beauty Supply, Inc., appeals the July 17, and 1
November 6, 2006 decisions of the Lucas County Cout-t of Common Pleas which, respectively, denied its motion to dismiss and granted appellee Ohio Optical Dispensers Board's motion for su~~~tnaryjudg~llellt.the reasons that follow, we affirm the trial For court's judgment.
(7 2)
The relevant facts are as follows. On March 3 1,2006, Ohio Optical
Dispensers Board ("the Board") filed a complaint for a preliminary and per~nanent in,junction against appellant Star Beauty Supply, Inc. The co~nplaint alleged that Star Beauty violated R.C. 4725.40(A) by dispensing zero-powered or plano (cosmetic) contact lenses without a prescription. The complaint requested that Star Beauty be enjoined from selling the contact lenses. By motion, the Board also requested a temporary restraining order; following a hearing on April 12, 2006, the motion was granted.
("113) On April
14, 2006, Star Beauty filed a Civ.R. 12(B)(6) motion to dismiss
arguing that R.C. 4725.40(A) applies only to contact lenses prescribed to correct h~1ma11 visioll. In opposition, the Board argued that it has jurisdiction over all contact lenses and that all contact lenses are prescribed to correct vision.
( 44) On July 17, 2006, the trial court denied the motion. The cout.t found that
zero-powered contact lenses are contact lenses and, according to R.C. 4725.40(A), may only be dispensed with a written prescription. 111reaching its conclusion, the court looked to the statutory construction rules. Thereafter, on November 6, 2006, sulnlnary judgment was granted in favor of the Board. This appeal followed.
("115) Appellant now raises the following assignment of error:
("116) "1. The trial court erred when it denied Star Beauty's motion to disiniss"
("117) Appellant's sole assignment of error consists of two components.
First,
appellant contends that the Board's authority does not extend to the regulation of zeropowered contact lenses. Second, that appellant did not dispense contact lenses as prohibited under R.C. 4725.40(B); rather, it merely transacted a sale.
{ 8) R.C. 4725.44(A) provides that "[tlhe Ohio optical dispensers board sl~all be
responsible for the administration of sections 4725.,40to 4725.59 of the Revised Code
:k
,, 1,
The disposition of the case rests on the interpretation of R.C. 4725..40(A) and (B):
which provide:
{p} 'Optical aid' means an instru~nent device prescribed "(A) or
by a physician
or opto~netristlicensed by any state to correct human vision, including spectacles, eyeglasses, contact lenses, and accessories. Contact lenses shall be dispensed only in accordance with a written prescription designated for contact lenses.,"
{"([O} "(B) 'Optical dispensing' rneans interpreting but not altering a prescription
of a licensed physician or optometrist and designing, adapting, fitting, or replacing the prescribed optical aids, pursuant to such prescription, to or for the intended wearer; duplicating lenses, other than contact lenses, accurately as to power without a prescription; and duplicating nonprescription eyewear and parts of eyewear. 'Optical dispensing' does not include selecting frames, transacting a sale, transferring an optical fitting it, or providing instruction in the aid to the wearer after an optician has co~npletecl general care and use of an optical aid, including placement, removal, hygiene, or cleaning."
{ I 11) The interpretation of a statute is a question of law subject to de novo "[

v. Breel; 152 Ohio App.3d 701, 2003-Ohio-2479, review. (Citation omitted.) Colzi~~ibz~s
7 12.
The main ob.jective in construing a statute is to determine legislative intent.
Fentzlcn v. A41llcrnftP q e r Co. (1980), 62 Ohio St..2d 245,247. To determine the
legislative intent, a coult must look to the language of the statute. P~,oviclen/ Barilc 11
Wood (I 973), 36 Ohio St.2d 101, 105. Words used in a statute are to be talcen in their
75 usual, normal, and customary meaning. State ex rzl. Peliliington 12. Gz~lidle~lel., Ohio St.3d 171, 173, 1996-Ohio-161, citing R.C. 1.42.
{(Z Appellailt contends that the statute is a~nbiguous "(} based upon the first
sentence of R.C. 4725.40(A), which defines "optical aid" as a device prescribed to correct 11uman vision. Appellant argues that it is unclear whether the second sentence applies to all contact lenses or only those prescribed to correct human vision. The Board contends that the statute is clear on its face and requires no interpretation; that "[clontact lenses shall be dispensed only in accordance with a written prescription" simply means what it says.
{y[
13) Upon c a r e f ~ review of the statute itself and the statutory construction rules, ~l
we must conclude that R.C. 4725.40(A) requires all contact lenses to be dispensed only with a written prescription. Driving our determination is "the long-accepted principle be that considerable deference sl~ould accorded to an agency's interpretation of rules the agency is required to administer." State ex rel. Celebrezze v. Natl. Lillie & Stone Co. (1994), 68 Ohio St.3d 377, 382. Made a part of the trial record below is the affidavit of Susan Benes, M.D. Dr. Benes states that she is a lne~siber the Board and that "[tlhe of Board interprets R.,C.4725.40(A) as all contact lenses, regardless of powered, plano or cosmetic lenses, must be dispensed pursuant to prescription." Dr. Benes explains that "[t]liere is no diffeience in the physical effect of a lens plano 01 powered on the cotnea
All lenses require professional and proper patient screening, fitting, education, and follow up." Dr. Benes fur.ther states that plano lenses alter vision by the fact that they come into contact with the cornea; when the contact occurs the tear layers are altered as is the oxygen level. Finally, Dr. Benes explains that plano lenses are soineti~nes prescribed following eye surgery and are used by patients who have lost sensation to the eye.
{ 14) Alternatively, appellant argues that if, in fact, the Board had the authority to
regulate the zero-powered contact lenses the Board still lacked authority to regulate appellant's sale of the lenses. Plainly stated, appellant argued that its sale of the lenses was not "dispensing" as is prohibited under R.C. 4725.40(A) and (B).
{T 15) R.C. 4725.40(B) defines "optical dispensing" as interpreting a prescription

and of a licensed physician or opto~netrist "designing, adapting, fitting, or replacing the prescribed optical aids." The definition of dispensing does not include "transacting a sale." The Ohio Attorney General has interpreted the term "dispensing" to include: "reviewing a patient's prescription for replacement contact lenses and selecting fko~n inventory
* * *."
2002 Ohio A t t y . G e n . 0 ~No. 2-221. The opinion fiirther clarified that ~.
transacting a sale is simply the act of exchanging the contact lenses for an agreed sum of money.
{n 16) In the present case, we must find that appellant dispensed contact lenses
without a written prescription. The phrase "transacting a sale" as is used in the statute and interpreted by the Ohio Attorney General is merely tIle end step in the process of obtaining contact lenses pursuant to a prescription. Appellant's argument that it was
merely transacting a sale is a thinly veiled attempt to circumvent the requirements set forth by the Board.
{ 17) Based on the foregoing, we find that the trial court did not err when it
denied appellant's motion to dismiss and granted the Board's motion for sunlinary judginent. Appellant's assignment of error is not well-taken.
{q 18) On consideration whereof, we find that substantial justice was done the
party complaining and the judgment of the L ~ ~ cCounty Court of Common Pleas is as affirmed. Appellant is ordered to pay the costs of this appeal pursuant to App.R. 24. .Judgment for the clerk's expense incurred in preparation ofthe record, fees allowed by law, and the fee for filing the appeal is awarded to Lucas County.,
JUDGMENT AFFIRMED
A ceitified copy of this entry shall constitute the mandate pursuant to App.R. 27 See, also, 6th Dist.Loc.App.R. 4.
Peter M. Handwork, J. JUDGE Mark L. Pietrykowslci, P.J. Thomas J. Osowilc. J. CONCUR. JUDGE
This decision is sub.ject to fiirther editing by the Supreme Coul-t of Ohio's Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court's web site at:
l1ttp://www.sconet.state.oi1.us/rod/newpdf/?source=6.
Case #11-002816
May 18, 2012

Mukaila Ayodele Obajinmi, L.P.N. Applicant 43 Sassafras Court North Brunswick, NJ 08902 Dear Mr. Obajinmi: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny or permanently deny your application for a licensure, permanently revoke, suspend, or place restrictions on a license to practice nursing as a licensed practical nurse granted to you; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. In June 2011, you submitted an Application for Licensure by Endorsement to Practice Nursing as a License Practical Nurse in Ohio and that Application is pending before the Board. Under the Compliance section of the Application, you were asked: Has any board, bureau, department, agency or other public body, including those in Ohio, other than this Board, in any way limited, restricted, suspended, or revoked any professional license or certificate granted to you; placed you on probation; imposed a fine, censure or reprimand against you? Have you ever voluntarily surrendered, resigned, or otherwise forfeited any professional license, certificate or registration? You answered No to this question and affixed your signature to your application, thereby affirming that the statements made in your application were true, despite the following: a) On or about May 19, 2010, the State of Connecticut, Department of Health, Healthcare Systems Branch, issued a Summary Suspension Order, by which your license to practice nursing as a registered nurse in that state was summarily suspended; b) On or about July 19, 2010, you voluntarily surrendered your license to practice nursing as a registered nurse in the State of Connecticut; and, c) On or about April 1, 2011, the State of New Jersey, Department of Law & Public Safety, Division of Consumer Affairs, State Board of
Mukaila Ayodele Obajinmi, L.P.N. Applicant Page 2 Nursing issued an Order of Voluntary Surrender of License, which accepted the voluntary surrender of your license to practice nursing as a registered nurse in that state. Section 4723.28(B)(1), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny or permanently deny your application; revoke, permanently revoke, suspend or place restrictions on a license to practice nursing as a licensed practical nurse granted to you; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #2012-000743
May 18, 2012

Denelle Rene Oliveros (aka Denelle R. Pepin-Donat), R.N. 3 Timberview Chillicothe, Ohio 45601 Dear Ms. Oliveros: In accordance with Chapter 119. of the Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about January 24, 2012, the State of Washington Department of Health Nursing Care Quality Assurance Commission (Washington Board) issued a Findings of Fact, Conclusions of Law and Final Order of Default (Failure to Respond) (Washington Board 2012 Final Order) in which your credential to practice as a registered nurse in the state of Washington was indefinitely suspended. Copies of the Washington Board 2012 Final Order, along with the Statement of Charges are attached hereto and incorporated herein.
Section 4723.28(B)(1), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit
Denelle Rene Oliveros (aka Denlle R. Pepin-Donat), R.N. Page 2 Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
Olympia, Washington 98504
RE:
Denelle R. Pepin-Donat Master Case No.: M2010-559 Document: Default Order
Regarding your request for information about the above-named practitioner; attached is a true and correct copy of the document on file with the State of Washington, Department of Health, Adjudicative Clerk Office. These records are considered Certified by the Department of Health. Certain information may have been withheld pursuant to Washington state laws. While those laws require that most records be disclosed on request, they also state that certain information should not be disclosed. The following information has been withheld: NONE If you have any questions or need additional information regarding the information that was withheld, please contact: Customer Service Center P.O. Box 47865 Olympia, WA 98504-7865 Phone: (360) 236-4700 Fax: (360) 586-2171 You may appeal the decision to withhold any information by writing to the Privacy Officer, Department of Health, P.O. Box 47890, Olympia, WA 98504-7890.
1.8
The Commission has no reason to believe Respondent is now on active
military service.
2. CONCLUSIONS OF LAW
2.1 The Commission has jurisdiction over Respondent and over the subject Respondent did not file a request for hearing within the time allowed. matler of this case, RCW 18.130.040. 2.2 RCW 18.130.090(1). Respondent is in default, and the Commission may issue a final order based on the evidence presented. RCW.18.130.090(1) and RCW 34.05.440. 2.3 2.4 Respondent has committed unprofessional conduct in violation of The above viola'tions provide grounds for imposing sanctions under RCW 18.130.180(6) and RCW 69.50.204(~)(22). ~~~'18.130.160. 3. COMPLIANCE WITH SANCTION RULES 3.1 The disciplining authority applies WAC 246-16-800, et seq., to determine appropriate sanctions. WAC 246-16-800(2)(b)(iv) provides that "indefinite suspension may be imposed in default and waiver of hearing orders." 3.2 The sanction of indefinite suspension adequately addresses the alleged facts of this case.
4. ORDER
The COMMISSION ORDERS: 4.1 4.2 Respondent's credentiat to practice as a registered nurse in the state of Prior to petitioning for reinstatement of her credential, Respondent must Washington is INDEFINITELY SUSPENDED. provide satisfactory evidence of being clean and sober for at least twenty-four (24) consecutive months immediately preceding any such petition. Evidence of being clean and sober shall include but is not limited to random observed biological fluid testing, completion of chemical dependency treatment, participation in professional peer support groups and NAIAA, and a recent (within ninety (90) days) chemical dependency evaluation by a Commission -approved evaluator. The evaluation shall include:
A.
Respondent's condition or diagnosis;

PAGE 2 OF 4
REV l O i O B
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL ORDER OF DEFAULT (Failure to Respond) NO. M2010-559
B. C.
Conciusions and prognosis; Recommendations regarding the need for ongoing care and treatment; and, Professional opinion regarding Respondent's ability to practice as a registered nurse with reasonable skill and safety.
D.
4.3 4.4 4.5
Respondent shall immediately return all credentials to the Commission Respondent shall assume all costs of complying with this Order. The effective date of this Order is that date the Adjudicative Clerk Office
within ten (10) days of receipt of this Order.
places the signed order into the U.S. mail.
5. NOTICE TO PARTIES
This Order will be reported to the Health Integrity and Protection Databank (45 CFR Part 61), the National Practitioner Databank (45 CFR Part 60) and elsewhere as required by law. It is a public document and will be placed on the Department of Health's website and otherwise disseminated as required by the Pubiic Records Act (Chap. 42.56 RCW) and the Uniform Disciplinary Act RCW 18.130.1 10. Any Party may file a petition for reconsideration. RCW 34.05.461 (3); RCW 34.05.470. The petition must be filed within ten (10) days of service of this Order with: Adjudicative Clerk Office Adjudicative Service Unit PO Box 47879 Olympia, WA 98504-7879 and a copy must be sent to: State of Washington Department of Health Office of Legal Services PO Box 47873 Olympia WA 98504-7873 The petition must state the specific grounds upon which reconsideration is requested and the relief requested. The petition for reconsideration is considered denied twenty (20) days after the petition is filed if the.Adjudicative Clerk Office has no1 responded to the petition or served written notice of the date by which action will be taken on the petition. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL ORDER OF DEFAULT (Failure to Respond) NO. M2010-559 PAGE 3 OF 4
REV 10108
A petition for judicial review must be filed and served within thirty (30) days after service of this Order. RCW 34.05.542. The procedures are identified in chapter 34.05 RCW, Part V, Judicial Review and Civil Enforcement. A petition for reconsideration is not required before seeking judicial review. If a petition for reconsideration is filed, however, the thirty (30) day period will begin to run upon the resolution of that petition, RCW 34.05.470(3). The Order remains in effect even if a petition for reconsideration or petition for review is filed. "Filing" means actual receipt of the document by the Adjudicative Clerk Office, RCW 34.05.010(6). This Order was "served" upon you on the day it was deposited in the United States mail, RCW 34.05.010(19). DATED:
-,
,2012
/' w '
STATE OF WASHINGTON DEPARTMENT OF HEALTH NURSING CARE QUALITY ASSURANCE COMMISSION
PRESENTED BY:
G=&l21h/,
PATRICIA STUART. WSBA #20250
w,
& 73
V _
Zn/L
DATE
FINDINGS OF FACT, CONCLUSIONS OF LAW. AND FINAL ORDER OF DEFAULT (Failure to Respond) NO. M2810-559
PAGE 4 OF 4
REV 10108
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
Olympia, Washington 98504
RE: Denelle R. Pepin-Donat Master Case No.: M2010-559 Docket No.: Document: Statement of Charges Regarding your request for information about the above-named practitioner; attached is a true and correct copy of the document on file with the State of Washington, Department of Health, Adjudicative Clerk Office. These records are considered Certified by the Department of Health. Certain information may have been withheld pursuant to Washington state laws. While those laws require that most records be disclosed on request, they also state that certain information should not be disclosed. The following information has been withheld: NONE If you have any questions or need additional information regarding the information that was withheld, please contact: Customer Service Center P.O. Box 47865 Olympia, WA 98504-7865 Phone: (360) 236-4700 Fax: (360) 586-217 1 You may appeal the decision to withhold any information by writing to the Privacy Officer, Department of Health, P.O. Box 47890, Olympia, WA 98504-7890.
STATE'OF WASHINGTON DEPARTMENT OF HEALTH NURSING CARE QUALITY ASSURANCE COMMISSION In the Matter of DENELLE R. PEPIN-DONAT Credential No. RN.RN.00145692 Respondent
1
/
M2010-559 STATEMENT OF CHARGES
The Health Services Consultant of the Nursing Care Quality Assurance Commission (Commission), on designation by the Commission, makes the allegations below. which are supported by the evidence contained in case nos. 2007-55697 and 2008-1 29085.
1 . ALLEGED FACTS
1. I
On June 28, 2002, the state of Washington issued Respondent a
credential to practice as a registered nurse. Respondent's credential is currently expired, and eligible for late renewal. 1.2 In a January 2008 self-report written statement submitted to the Department of Health, and in an April 2007 written statement submitted to the Department of Health investigator, Respondent acknowledged using marijuana and being addicted to Tramadol (a narcotic-like prescription pain reliever). 1.3 1.4 2.1 Marijuana is a Schedule I controlled substance Tramadol is a legend drug.
2. ALLEGED VIOLATIONS
Based on the Alleged Facts. Respondent has committed unprofessional conduct in violation of RCW 18.130.180(6) and RCW 69.50.204(~)(22)which provide: RCW 18.130.180 Unprofessional conduct. The following conduct, acts, or conditions constitute unprofessional conduct for any license holder under the jurisdiction of this chapter:
...
(6) Except when authorized by RCW 18.130.345, the possession, use. prescription for use, or distribution of controlled substances or legend STATEMENT OF CHARGES NO. M2010-559 PAGE 1 OF 3
drugs in any way other than for legitimate or therapeutic purposes, diversion of controlled substances or legend drugs, the violation of any drug law, or prescribing controlled substances for oneself; ... .
RCW 69.50.204 Schedule I.
Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I: (c) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers:
(22) Marihuana or marijuana; ... .
2.2
The above violations provide grounds for imposing sanctions under
RCW 18.130.160.
STATEMENT OF CHARGES
PAGE 2 OF 3
SCC-ilwm
NO.M2010-559
3. NOTICE TO RESPONDENT
The charges in this document affect the public health, safety and welfare. The Health Services Consultant of the Commission directs that a notice be issued and sewed on Respondent as provided by law, giving Respondent the opportunity to defend against these charges. If Respondent fails to defend against these charges, Respondent shall be subject to discipline and the imposition of sanctions under Chapter 18.130 RCW. DATED,
k/& q
, 201 1
STATE OF WASHINGTON DEPARTMENT OF HEALTH NURSING CARE QUALITY ASSURANCE COMMISSION
&
VICES CONSULTANT
CASSANDRA BUYSERIE, WSBA # ASSISTANT ATTORNEY GENERAL
-STATEMENT OF CHARGES NO. M2010-559
PAGE 3 OF 3
SOC- AN^
Case# 12-001530
May 18, 2012

Kelly Michelle Pelter, R.N. 9008 Tory Drive Streetsboro, Ohio 44241 Dear Ms. Pelter: You are hereby notified that, on or about November 18, 2011, you entered into a Reinstatement Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for renewal, your license to practice nursing as a registered nurse in the State of Ohio would be reinstated and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least three (3) years. Attached to and incorporated within the November 2011 Consent Agreement is a January 22, 2010 Consent Agreement (January 2010 Consent Agreement). A. Item 2. of the November 2011 Consent Agreement states, MS. PELTER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or is designee. On or about March 26, 2012, your Board Monitoring Agent sent a letter to your address of record notifying you that a personal interview was scheduled for April 10, 2012. You failed to appear at the Boards office for this interview with your Monitoring Agent. B. Item 6. of the November 2011 Consent Agreement states, MS. PELTER shall continue submitting, at her expense and on the day selected, breathe, hair, blood or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. PELTER shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. PELTERs history of chemical dependency, relapse, and recovery status.
Kelly Michelle Pelter, R.N. Page 2 Despite this provision, on the following dates, you failed to call Firstlab, to determine if you had been selected to provide a urine specimen: February 3, 2012; February 25, 2012; February 29, 2012; March 2-31, 2012; and April 1-17, 2012. Furthermore, on the following dates, you were selected to provide a urine specimen for analysis and failed to do so: January 4, 2012; March 1, 2012; March 22, 2012; and April 2, 2012. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the November 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 2. and 6. of the November 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-263906, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a registered nurse without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about November 18, 2011, you entered into a Reinstatement Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for renewal, your license to practice nursing as a registered nurse in the State of Ohio would be reinstated and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least three (3) years. Attached to and incorporated within the November 2011 Consent Agreement is a January 22, 2010 Consent Agreement (January 2010 Consent Agreement). 2. Item 2. of the November 2011 Consent Agreement states, MS. PELTER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or is designee. On or about March 26, 2012, your Board Monitoring Agent sent a letter to your address of record notifying you that a personal interview was scheduled for April 10, 2012. You failed to appear at the Boards office for this interview with your Monitoring Agent.
Kelly Michelle Pelter, R.N. Page 3 3. Item 6. of the November 2011 Consent Agreement states, MS. PELTER shall continue submitting, at her expense and on the day selected, breathe, hair, blood or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. PELTER shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. PELTERs history of chemical dependency, relapse, and recovery status. Despite this provision, on the following dates, you failed to call Firstlab, to determine if you had been selected to provide a urine specimen: February 3, 2012; February 25, 2012; February 29, 2012; March 2-31, 2012; and April 1-17, 2012. Furthermore, on the following dates, you were selected to provide a urine specimen for analysis and failed to do so: January 4, 2012; March 1, 2012; March 22, 2012; and April 2, 2012. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny,
Kelly Michelle Pelter, R.N. Page 4 permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #11-4411
www.,~~rsing.ohio.gov
(614) 466-3947
17 Soutl~ High S11.ee1, Suite 400 * Columbus, Ohio 4321 5-7410
REINSTATEMENT CONSENT AGREEMENT BETWEEN KELLY MICHELLE PELTER, R.N. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between KELLY MICHELLE PELTER, R.N. (MS. PELTER) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement.
BASIS FOR ACTION

This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. MS. PELTER admits to violating Section 4723.28, ORC, as set forth in her January 22, 2010 Consent Agreement (January 2010 Consent Agreement). In February 1996, MS. PELTER was initially issued a license to practice nursing in Ohio as a registered nurse, RN-263906, and that license lapsed in September 2003. MS. PELTER's license was indefinitely suspended by her January 2010 Consent Agreement, a copy of which is attached hereto and incorporated herein. On March 10,2011, during a random drug screen, MS. PELTER submitted a drug specimen that was positive for a low level of Ethyl Glucuronide and Ethyl Sulfate. MS. PELTER denied consuming alcohol andlor relapsing on alcohol to the Board. MS. PELTER reported that she was ill at the time of the March 10, 201 1 drug screen and took over-the-counter medication.
B.
C.
Kelly Michelle Pelter, R.N. Page 2 D.
MS. PELTER submitted to the Board her June 2011 chemical dependency evaluation that was performed by Christopher Adeiman, M.D. MS. PELTER was diagnosed with Attention Hyperactive and Deficit Disorder (ADHD), Opioid Dependent, Remission with prescribed Suboxone, a narcotic blocker. MS. PELTER also reported that she has maintained her sobriety since January 2009. Dr. Adelman recommended that MS. PELTER continue with her participation in 12-step recovery meetings and with Board monitoring. Dr. Adelman opined that MS. PELTER is capable of safely returning to the practice of nursing. MS. PELTER submitted to the Board, her August 2011 psychiatric evaluation, which was performed by psychiatrist, Shila Mathew, M.D. MS. PELTER was diagnosed with Cyclothymic Disorder in Remission, Remission with prescribed Suboxone, and with ADHD. MS. PELTER is prescribed medication for ADHD from her primary treating physician Paul Gibbons, M.D. MS. PELTER reported that she is compliant with her current recovery program. Dr. Mathew opined that MS. PELTER could safely return to the practice of nursing. Dr. Mathew recommended that MS. PELTER obtain a follow up psychiatric appointment on a continuing basis every 3 months and that MS. PELTER discuss with Dr. Gibbons if she could be prescribed non-stimulant medication for ADHD. MS. PELTER has not worked as a nurse since 2001. MS. PELTER submitted docu~neiltation to the Board that indicates she completed a nursing refresher course at Cleveland State University in December 2010.
AGREED CONDITIONS
E.
F.
G.
Wherefore, in col~siderationof the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. PELTER knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: Upon meeting the requirements for renewal, MS. PELTER's license to practice nursing as a registered nurse shall be reinstated and suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of at least three (3)years:
1.
MS. PELTER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio.
Kelly Michelle Pelter, R.N. Page 3
2.
MS. PELTER shall appear in person for interviews before the full
Board or its designated representative as requested by the Board or its designee.

3.
Within ninety (90) days prior to submitting a request for release from the probationary terms, conditions and limitations of this Consent Agreement, MS. PELTER agrees that she will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. PELTER, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. PELTER's criminal records check reports to the Board. MS. PELTER agrees that a request for release from the probationary terms of this Consent Agreement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board.

4.
MS. PELTER shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. PELTER's history of chemical dependency, relapse, and recovery status. MS. PELTER shall self-administer prescribed drugs only in the manner prescribed. MS. PELTER shall abstain completely from the use of alcohol and/or
substances containing aIcohol.
MS. PELTER shall continue submitting, at her expense aud on the day
selected, breathe, hair, blood or urine specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. PELTER shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. PELTER's history of chemical dependency, relapse, and recovery status.
MS. PELTER shall continue attending a minimum of one (1) meeting

per week of a support or peer group meeting approved in advance by
Kelly Michelle Pelter, R.N Page 4
the Board, or a Twelve Step program, and MS. PELTER shall provide satisfactory documentation of such attendance to the Board every six (6) months beginning May 1,2012.
MS. PELTER shall continue to participate in treatment for her Suboxone maintenance program at intervals deemed appropriate by Dr. Coratlur Natesan, M.D., MS. PELTER7scurrent Suboxone prescriber, or another physician approved in advance by the Board or its designee until released. MS. PELTER shall have the physician submit written reports regarding MS. PELTER's progress, status, and compliance with her treatment plan to the Board on a quarterly basis beginning January 1, 2012. MS. PELTER shall provide the physician with a copy of this Consent Agreement and the attached January 2010 Consent Agreement prior to December 16,2011. MS. PELTER shall inform the Board, in writing, within five (5) business days of discontinuing treatment, and prior to said discontinuation, shall inform the Board, in writing, of the name(s) of another physician(s) and intervals of treatment for approval by the Board or its designee.
Upon request by the Board or its designee and within ninety (90) days of such a request, MS. PELTER shall, at her expense, obtain a comprehensive evaluation by a psychiatrist who is certified by the American Board of Medical Specialties (ABMS) in Addiction Psychiatry and who is approved in advance by the Board. Prior to the evaluation, MS. PELTER shall provide the evaluating psychiatrist with a copy of this Consent Agreement and the attached January 2010 Consent Agreement. Further, MS. PELTER shall execute releases to permit the evaluating psychiatrist to obtain any information deemed appropriate and necessary for the evaluation. The psychiatrist shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MS. PELTER's license, and a statement as to whether MS. PELTER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
10.
MS. PELTER shall provide the Board with satisfactory documentation of compliance with all aspects of the treatment plan developed by the psychiatrist described above until released. Further, MS. PELTER agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MS. PELTER7s license and that the terms, conditions, and limitations may be incorporated in an addendum to this Consent Agreement.
Treating Practitioners and Reporting

11.
Within sixty (60) days of the effective date of this Consent Agreement, MS. PELTER shall provide a copy of this Consent Agreement and the attached January 2010 Consel~tAgreement to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers. Further, MS. PELTER shall be under a continuing duty to provide a copy of this Consent Agreement and the attachment, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner.
12.
MS. PELTER shall cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MS. PELTER throughout the duration of this Consent Agreement.
Within twenty-four (24) hours of release from hospitalization or medical treatment, MS. PELTER shall notify the Board of any and all medication(s) or prescription(s) received.
13.
14.
Prior to accepting employment as a nurse, each time with every employer, MS. PELTER shall notify the Board in writing.
15.
MS. PELTER is under a continuing duty to provide a copy of this Consent Agreement and the attached January 2010 Consent Agreement to any new employer prior to accepting employment as a nurse. MS. PELTER shall have her employer(s) submit written reports regarding job performance on a quarterly basis beginning within thirty (30) days of accepting nursing employment. Further, MS. PELTER shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement and the attachment, including the date they were received.

16.
MS. PELTER shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation.
17.
MS. PELTER shall sign release of information forms allowing health professionals and other organizations to submit the requested documentation directly to the Board. MS. PELTER shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. MS. PELTER shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MS. PELTER shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board. MS. PELTER shall submit the reports and documentation required by this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410. MS. PELTER shall verify that the reports and documentation required by this Consent Agreement are received in the Board office. MS. PELTER shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
18.
19.
20.
21.
22.
23.
Permanent Narcotic Restriction MS. PELTER further knowingly and voluntarily agrees with the Board to the following PERMANENT LICENSURE RESTRICTIONS: MS. PELTER shall not administer, have access to, or possess (except as prescribed for MS. PELTER's use by another so authorized by law who has full knowledge of MS. PELTER's history of chemical dependency, relapses, and recovery status) any narcotics, other controlled substances, or mood altering drugs. In addition, MS. PELTER shall not count narcotics or possess or carry any work keys for locked medication carts, cabinets, drawers, or containers. MS. PELTER shall not call in or order prescriptions or prescription refills for narcotics, other colltrolled substances, or mood altering drugs.
Kelly Michelle Pelter, R.N Page 7
Permanent Practice Restrictions MS. PELTER further knowingly and voluntarily agrees with the Board to the following PERMANENT LICENSURE RESTRICTIONS: MS. PELTER shall not practice nursing as a registered nurse (I) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. PELTER to provide nursing services for fees, compensation, or other consideration or as a volunteer. MS. PELTER shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, VicePresident of Nursing. FAILURE TO COMPLY MS. PELTER agrees that her license to practice nursing as a registered nurse will be automatically suspended if it appears to the Board that MS. PELTER has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. PELTER via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. PELTER may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723,28(B), ORC. If, in the discretion of the Board, MS. PELTER appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.

The terms, limitations, and conditions, of this Consent Agreement, other than the permanent practice restrictions, may be modified or terminated, in writing, at any time upon the agreement of both MS. PELTER and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (I) the Board determines that MS. PELTER has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. PELTER is able to practice according to acceptable and prevailing standards of safe nursing care without Board
Kelly Michelle Pelter, R.N,
Page 8
monitoring, based upon an interview with MS. PELTER and review of the reports as required herein. Any period during which MS. PELTER does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
ACKNOWLEDGMENTS/LlABILITY RELEASE
MS. PELTER acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MS. PELTER waives all of her rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement. MS. PELTER waives any and all claims or causes of action she may have against the Board, and its members, officers, employees and/or agents arising out of matters, which are the subject of this Consent Agreement.
This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be repoaed to appropriate organizations, data banks and governmental bodies. This Consent Agreement is not an adjudication order as discussed in Chapter 119, ORC. Any action initiated by the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC.
MS. PELTER understands that this Consent Agreement is subject to ratification by the Board prior to signature by the Board President and shall become effective upon the last date of signature below.
CHELLE PELTER, R.N.
DATE
i ij/~/hii
DATE
Case # 09-1906
~~~v.~,.rsing.ohio,gov
(614) 466-3947
17 Sooili High Street, Suite 400 * Columbus, Ohio 43215-7410
CONSENT AGREEMENT BETWEEN KELLY MICHELLE PELTER, R.N. AND OHIO BOARD OF NURSING
This Consent Agreement is entered into by and between KELLY MICHELLE PELTER, R.N. (MS. PELTER) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. MS. PELTER voluntarily enters into this Consent Agreement being fully informed of her rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723,28(B)(8), ORC, authorizes the Board to discipline a licensee for . .. .- -- self-administering or otherwise taking into the body any dangerous drug, as defined in .Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(9), ORC, authorizes the Board to discipline a licensee for habitual indulgence in the use of controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs ability to practice. Section 4723,28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(25), ORC, authorizes the Board lo discipline a licensee for failure to comply with the terms and conditions of participation in the chemical dependency monitoring program established under Section 4723.35, ORC. Section 4723,28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically,
Kelly Michelle Pelter, R.N. Page 2 Rule 4723-4-06(H), Ohio Administrative Code, states that a licensed nurse shall implement measures to promote a safe environment for each client. Rule 4723-6-03(B), Ohio Administrative Code, as in effect prior to February 1, 2005, required a participant in the Alternative Program for Chemical Dependency to comply with all of the terms and conditions of the participant's agreement with the Alternative Program for Chemical Dependency for the time period specified in the agreement. B.
MS. PELTER's license to practice nursing as a registered nurse in the State of Ohio, RN-263906, has been lapsed since September 1, 2003. MS. PELTER's Ohio nursing license was initially issued in 1996. MS. PELTER knowingly and voluntarily admits to the following: (1)
In May 2001, while employed by Favorite Nurses Agency and working at South Pointe Hospital in Warrensville Heights, Ohio, MS. PELTER and her coworkers were drug screened after MS. PELTER reported that Demerol syringes had been tampered with. MS. PELTER tested positive for Demerol. MS. PELTER admitted that she was diverting Demerol from work for approximately two months for her self-administration. MS. PELTER also admitted to replacing Demerol with saline, but indicated she only did this on one occasion and reported the altered syringes to the pharmacy.
C.
(2)
MS. PELTER entered into an Agreement with the Board's Alternative Program for Chemical Dependency in 2001. In February 2002, MS. PELTER admitted that she failed to report that she had a prescription for Vicodin, in violation of her Agreement. In August 2002, MS. PELTER indicated that she wanted to withdraw from the Alternative Program. MS. PELTER was subsequently terminated from the Alternative Program. MS. PELTER's nursing licensed lapsed in 2003 and MS. PELTER has not worked as a nurse since 2001. MS. PELTER admitted that after being terminated from the Alternative Program, until January 2009, she continued to consume alcohol. MS. PELTER reported misdemeanor DUI convictions in 2003 and 2006. In January 2009, MS. PELTER sought treatment at Glenbeigh Hospital and Outpatient Centers. MS. PELTER underwent detoxification and inpatient treatment, and in March 2009, she completed Glenbeigh's Intensive Outpatient Program. MS. PELTER was diagnosed with Alcohol Dependence, Sedative Dependence, and Opioid Dependence. AGREED CONDITIONS
(3)
(4)
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. PELTER knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations:
1.
MS. PELTER's license to practice nursing as a registered nurse is hereby suspended for an indefinite period of time, but not less than one (I) year. MS. PELTER may submit a written request for reinstatement anytime after December 2010.

2.
3.
MS. PELTER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MS. PELTER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Within six (6) months prior to requesting reinstatement, MS. PELTER agrees that she will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. PELTER, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. PELTER's criminal records check reports to the Board. MS. PELTER agrees that a request for reinstatement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board.
Prior to reinstatement, MS. PELTER shall enter into a Consent Agreement with the Board for probationary terms, conditions, and limitations determined by the Board for a minimum period of three (3) years following reinstatement.
4.
5.

6.
MS. PELTER shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. PELTER's history of chemical dependency and recovery status. MS. PELTER shall self-administer the prescribed drugs only in the manner prescribed. MS. PELTER shall abstain completely from the use of alcohol. Within three (3) months prior to requesting reinstatement by the Board, MS. PELTER shall, at her own expense, obtain a chemical dependency evaluation by Glenbeigh, or by another Board approved chemical dependency professional, and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. PELTER shall provide the chemical dependency professional with a copy of this Consent Agreement. Further, MS. PELTER shall execute releases to permit the chemical dependency professional to obtain any information from Glenbeigh and any information deemed appropriate and necessary for the evaluation. The chemical dependency professional shall submit a written opinion to the Board that
7.
8.
Kelly Michelle Pelter, R.N. Page 4 includes diagnoses, recommendations for treatment and monitoring, any additional restrictions to be placed on MS. PELTER's license to practice, and stating whether MS. PELTER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. 9.
MS. PELTER shall provide the Board with satisfactory documentation of compliance with all aspects of the treatment plan developed by the chemical dependency professional described above until released. Further, MS. PELTER agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MS. PELTER's license and that the terms, conditions, and limitations may be incorporated in an addendum to this Consent Agreement.
For a minimum, continuous period of twelve (12) months immediately prior to requesting reinstatement, MS. PELTER shall submit, at her expense and on the day selected, blood or urine specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon and after MS. PELTER7sinitiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. PELTER shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. PELTER's history of chemical dependency and recovery status.
a. Within thirty (30) days prior to MS. PELTER initiating drug screening, MS. PELTER shall provide a copy of this Consent Agreement to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MS. PELTER. b. After initiating drug screening, MS. PELTER shall be under a continuing duty to provide a copy of this Consent Agreement, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being t~eatedby another practitioner. Further, MS. PELTER shall notify the Board of any and all medication(s) or prescription(s) received within twenty-four (24) hours of release from hospitalization or medical treatment.
10.
11.
For a minimum, continuous period of twelve (12) months immediately prior to requesting reinstatement, MS. PELTER shall attend a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board, or a
Kelly Michelle Pelter, R.N. Page 5 Twelve Step program, and licensee shall provide satisfactory documentation of such attendance to the Board prior to requesting reinstatement.
Psychiatric Evaluation and Treatment
12.
Within three (3) months prior to requesting reinstatement by the Board, MS. PELTER shall, at her own expense, obtain a psychiatric evaluation from a Board
approved psychiatrist and shall provide the Board with complete documentation of such evaluation. Prior to the evaluation, MS. PELTER shall provide the psychiatrist with a copy of this Consent Agreement and shall execute releases to permit the psychiatrist to obtain any information deemed appropriate and necessary for the evaluation. The psychiatrist shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MS. PELTER's license, and a statement as to whether MS. PELTER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
13.
MS. PELTER shall provide the Board with satisfactory documentation of compliance
with all aspects of the treatment plan developed by the professional until released. Further, MS. PELTER agrees that the Board may use the professional recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MS. PELTER's license and that the terms, co~lditions, and limitations may be incorporated in an addendum to this Consent Agreement.

14.
MS. PELTER shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MS. PELTER shall sign release of information forms allowing health professionals
and other organizations to submit requested documentation or information directly to the Board.
15.
16.
MS. PELTER shall submit any and all information that the Board may request
17.
MS. PELTER shall not submit or cause to be submitted any false, misleading, or
deceptive statements, information, or documentation to the Board or to employers or potential employers.
18.
MS. PELTER shall submit the reports and documentation required by this Consent
Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board.
Kelly Michelle Pelter, R.N. Page 6 19.
MS. PELTER shall submit the r e ~ o r t s and documentation required by this Consent
Agreement to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
20.
MS. PELTER shall verify that the reports and documentation required by this
Consent Agreement are received in the Board office.
21.
MS. PELTER shall inform the Board within five (5) business days, in writing, of any
change in address andlor telephone number.
Nursing Refresher Course or Orientation MS. PELTER shall, prior to working in a position where a nursing license is required, complete and submit satisfactory documentation of completion of a
nursing refresher course or an extensive orientation approved in advance by the Board or its designee.
Permanent Narcotic Restrictions MS. PELTER further knowingly and voluntarily agrees with the Board to the following PERMANENT LICENSURE RESTRICTIONS: MS. PELTER shall not administer, have access to, or possess (except as prescribed for MS. PELTER's use by another so authorized by law who has full knowledge of MS. PELTER's history of chemical dependency) any narcotics, other controlled substances, or mood altering drugs. In addition, MS. PELTER shall not count
narcotics or possess or carry any work keys for locked medication carts, cabinets, drawers, or containers. MS. PELTER shall not call in or order prescriptions or prescription refills for any narcotics, other controlled substances, or mood altering drugs.
Permanent Practice Restrictions MS. PELTER further knowingly and voluntarily agrees with the Board to the following PERMANENT LICENSURE RESTRICTIONS: MS. PELTER shall not practice nursing as a registered nurse (1) for agencies
providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. PELTER to provide nursing services for fees, compensation, or other consideration or as a volunteer.
MS. PELTER shall not function in a position or employment where the job duties or
requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include but are not
Kelly Michelle Pelter, R.N Page 7 limited to the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing.
FAILURE TO COMPLY
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MS. PELTER appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement.
DURATION/MODIFlCATION OF TERMS
The terms, limitations, and conditions of this Consent Agreement, other than the permanent licensure restrictions, may be modified or terminated, in writing, at any time upon the agreement of both MS. PELTER and the Board. The Board may only alter the indefinite suspension imposed if: (1) MS. PELTER submits a written request for reinstatement; (2) the Board determines that MS. PELTER has complied with all conditions of reinstatement; (3) the Board determines that MS. PELTER is able to practice according to acceptable and prevailing standards of safe nursing care based upon an interview with MS. PELTER and review of the documentation specified in this Consent Agreement; and (4) MS. PELTER has entered into a Consent Agreement with the Board for probationary terms, conditions, and limitations determined by the Board for a minimum period of three (3) years following reinstatement.
ACKNOWLEDGMENTSLIABILITY RELEASE MS. PELTER acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MS. PELTER waives all of her rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement.
MS. PELTER waives any and all claims or causes of action she may have against the Board,
and its members, officers, employees andlor agents arising out of matters that are the subject of this Consent Agreement. This Consent Agreement is not an adjudication order as discussed in Chapter 119, ORC. Any action initiated by the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC.
Kelly Michelle Pelter, R.N. Page 8 This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies.
MS. PELTER understands that this Consent Agreement is subject to ratification by the Board
prior to signature by the Board President and shall become effective upon the last date of signature below.
/a-Lb - oq
DATE
d
DATE
Case #11-001478
May 18, 2012

Dana E. Phipps, R.N. 3060 Marwick Rd. Columbus, Ohio 43232 Dear Ms. Phipps: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about September 28, 2011, the Board ordered you to submit to an examination pursuant to Section 4723.28(G) ORC, to determine if you suffered from a physical or mental impairment that may affect your ability to provide safe nursing care. On or about November 21, 2011, the examining physician issued findings which included the following: a. You were diagnosed with alcohol dependence. The physician recommended you be admitted to a formal treatment program at the intensive outpatient level of care followed by a period of not less than two years of monitoring to document sobriety. b. You admitted that you were an alcoholic, and acknowledged being convicted of several offenses while under the influence of alcohol. c. You reported being admitted to a treatment facility for eight (8) days in 2010 for detoxification from alcohol, but did not complete treatment there or at any other treatment facility. 2. On or about October 6, 2010, while working as a nurse for Fresenius Medical Care (Fresenius) at Mount Carmel East Hospital in Columbus, Ohio, you arrived to work one hour and twenty minutes late looking disheveled with slurred speech. You were trying to dial the telephone and began crying, stating that you were emotionally distraught. You were deemed unfit for duty. You required assistance from another nurse in order to use your phone to contact someone to pick you up from the hospital.
Dana E. Phipps, R.N. Page 2 3. While working as a nurse for Fresenius you were placed on a Corrective Action & Performance Improvement Plan (Corrective Action). According to the Corrective Action document, you were tardy for work on 8/18/10, 8/19/10, 8/23/10, 8/24/10, 8/30/10, and 9/14/10, and were a no callno show on 9/11/10 and 9/13/10. 4. On or about January 18, 2011 in Franklin County Municipal Court Case Number 2010 TRC 171221 you were convicted of one (1) count of Operating a Motor Vehicle Intoxicated (OMVI), being a misdemeanor of the first degree. The acts underlying this conviction involve you causing a disturbance at a restaurant. You were observed to be highly intoxicated, smelling of alcohol, slurred speech, and inability to speak coherent sentences at times. You were wearing hospital scrubs with no shoes. You were taken into custody. Your husband posted bond for your release, and as you were leaving the police station you were warned not to drive due to your level of intoxication. You drove anyway and were arrested for OMVI. 5. On or about January 18, 2011 in Franklin County Municipal Court Case Number 2010 TRC 183332 you were convicted of Having Physical Control of Vehicle While Under the Influence, being a misdemeanor of the first degree. 6. On or about November 8, 2010 in Lithopolis, Ohio Mayors Court Case Number 10TRC00202 you were convicted of one (1) count of Physical Control of Vehicle While Under the Influence, being a misdemeanor of the first degree. Also on or about November 18, 2010 in Lithopolis, Ohio Mayors Court Case Number 10CRB00006 you were convicted of one (1) count of Open Container, being a minor misdemeanor. The acts underlying these convictions involve you parking your car by the side of the road with your engine running and headlights on. You were observed to have bloodshot, watery eyes and a dazed appearance with a strong odor of alcohol 7. On or about October 12, 2010 in Franklin County Municipal Court Case Number 2010 TRC 171217 you were convicted of one (1) count of Physical Control of Vehicle While Under the Influence, being a misdemeanor of the first degree. Section 4723.28(B)(9), ORC, authorizes the Board to discipline a licensee for habitual indulgence in the use of controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs ability to practice. Section 4723.28(B)(11), ORC, authorizes the Board to discipline a licensee for impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care because of a physical or mental disability. Rule 4723-3-02, Ohio Administrative Code, defines impairment as an inability to practice according to acceptable and prevailing standards of safe nursing care without appropriate treatment, monitoring or supervision. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC.
Dana E. Phipps, R.N. Page 3 In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,

IN THE MATTER OF: MYSTIE RENEE RAINES, R.N. Case No. 10-1542
ORDER
By certified mail letter, dated September 28, 2011, MYSTIE RENEE RAINES, R.N., was ordered to submit to an examination pursuant to Section 4723.28(G), Ohio Revised Code (ORC). On January 20, 2012, the Board found that MS. RAINES admitted to the allegations set forth in the September 28, 2011, examination order because MS. RAINES failed to submit to the examination and the failure was not due to circumstances beyond her control. Accordingly, on January 20, 2012, the Board issued a Default Order suspending MS. RAINESs license to practice nursing as a registered nurse for an indefinite period of time with conditions for reinstatement. The January 20, 2012 Default Order also informed MS. RAINES that she was entitled to a hearing in the matter if the hearing was requested within thirty days of the mailing of the Default Order. A true copy of the January 20, 2012 Default Order is attached hereto and incorporated herein. In accordance with Section 119.07, ORC, the January 20, 2012 Default Order was sent via certified mail, return receipt requested, to the address of record of MS. RAINES in Springboro, Ohio. The certified mail receipt indicating delivery to the address was returned to the Board on January 26, 2012 indicating delivery. MS. RAINES has not requested a hearing. Upon consideration of the allegations contained in the September 28, 2011, examination order and the findings contained in the January 20, 2012 Default Order, the Board finds that MS. RAINES has committed acts in violation of the Nurse Practice Act, as set forth in the January 20, 2012 Default Order, and the Board orders that MS. RAINESs license to practice nursing as a registered nurse in the State of Ohio is hereby suspended, as of January 20, 2012, with conditions for reinstatement set forth in the January 20, 2012 Default Order. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 18th day of May, 2012.

CERTIFICATION
___________________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director ____May 18, 2012____________________ Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, MYSTIE RENEE RAINES, R.N., was sent via certified mail, return receipt requested, this 21st day of May, 2012 to MYSTIE RENEE RAINES, R.N., 260 W. Factory Rd., Springboro, Ohio 45066 and YWCA, Room 528, 141 West Third Street, Dayton, Ohio 45402. I also certify that a copy of the same was sent via regular U.S. mail this 21st day of May, 2012 to Lamont Pugh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago IL 60601-81020. ______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director
Certified Mail Receipt No. Second Address Certified Mail Receipt No.
O h i o Board of Nursing
17 South H ~ g h Sileet. Su~te 400
www.n,rsing.ohio.gov
(614)466-3947
Colt~mbus. Ohio 43215-7410

IN THE MATTER OF: MYSTIE RENEE RAINES, R.N.
DEFAULT 0 H I ) E K
By certified mail letter, dated September 28, 201 1 , MYSTIE RENEE RAINES, R.N. was ordered to submit to an examination pursnant to Section 4723.28(G)ORC. The Examination Order was mailed to MS. RAINES's address o f record by ce~tified mail. The Examination Order was retnrned as unclaimed by MS. RAINES. On October 26, 2011, the Examination Order was re-sent by regular mail with a certificate of mailing, and the regular mail has not been returned to the Board as undelivered.
MS. RAINES has failed to submit to an examination and the Board has not received information that the failure to submit to an examination was due to circumstances beyond her control.
In accordance with Section 4723.28(G) ORC, the failure o f any individual to submit to a mental or physical examination when directed constitutes an admission o f the allegations, unless the failure is due to circumstances beyond the individual's control and a default and final order niay be entered without the taking o f testimony or presentation of evidence. The Board finds that MS. RAINES has failed to submit to an examination when directed, and that the failure was not due to circumstances beyond her control. Section 4723,28(B)(16)provides that the Board can suspend or place restrictions on a license for violation o f Chapter 4723 or any rules adopted under that chapter. In accordance with Section 4723.28(B)(16) and Section 4723.28(G) ORC, the Ohio Board o f Nursing finds that that MS. RAINES has admitted the truth o f the allegations set forth in the September 28, 2011 Examination Order issued to MS. RAINES and that MS. RAINES is impaired. The Board ORDERS that MS. RAINES's license to practice nursing as a registered nurse in the State o f Ohio is hereby suspended for an indefinite period o f time with conditions for reinstatement set forth below:

1. MS. RAINES shall obey all federal, state, and local laws, and all laws and rules governing the practice o f nursing in Ohio.
2. MS. RAINES shall appear in person for interviews before the full Board or its designated representative as requested by the Board and prior to reinstatement. 3. Prior to requesting reinstatement by the Board, MS. RAINES shall submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. RAINES, including a check of Federal Bureau of Investigation (FBI) records, and shall cause BCII to submit MS. RAINES's criminal records check reports to the Board. A request for reinstatement will not be considered by the Board until the completed criminal records check, including the FBI check, has been received by the Board.
4. MS. RAINES shall, at her own expense, submit to a chemical dependency examination, specifically addressing her ability to function in a clinical nursing capacity, by Dr. Michael A. Gureasko, The Christ Hospital Medical Office Building, 2123 Auburn Avenue, Suite 306, Cincinnati, Ohio 45219. Prior to the evaluation, MS. RAINES shall provide the Examiner with a copy of this Order and the September 28,201 I Examination Order, and shall execute releases to permit the Examiner to obtain any information deemed appropriate and necessary for the evaluation. The Examiner shall submit a writtell opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, and any restrictions that should be placed on MS. RAINES's practice. The Examiner shall provide an opinion to the Board regarding whether MS. RAINES is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
5. MS. RAINES shall enter into a Consent Agreement with the Board for probationary terms, conditions, limitations, and restrictions determined by the Board for a minimum period of time determined by the Board. The probationaly terms, conditions, limitations, and restrictions determined by the Board shall include, but not be limited to, completion or continuation of chemical dependency, psychiatric or other mental health treatment recommended andlor restrictions specified by the Examiner, as set forth in paragraph 4., above. If the Board and MS. RAINES are unable to agree to terms, conditions, limitations, and restrictions in a Consent Agreement, the terms, conditions, limitations, and restrictions shall be determined after a hearing is held.

6. MS. RAINES shall sign release of information forms allowing health professionals and other organizations to submit requested documentation or information directly to the Board.
7. MS. RAINES shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice.
8. MS. RAINES shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. 9. MS. RAINES shall submit the reports and documentation required by this Order on forms specified by the Board. All reporting and communications required by this Order shall be made to the Monitoring Unit of the Board.
10. MS. RAINES shall submit the reports and documentation required by this Order to the attention of the Complialice Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
I I . MS. RAINES shall verify that the reports and documelitation required by this Order are received in the Board office.
12. MS. RAINES shall inform the Board within three (3) business days, in writing, of any change in address andlor telephone number. In accordance with Chapter 119, ORC, MS. RAINES is hereby informed that MS. RAINES is entitled to a hearing on this matter. If MS. RAINES wishes to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice.
MS. RAINES is hereby further informed that, if MS. RAINES timely requests a hearing, MS. RAINES is entitled to appear at such hearing in person, by MS. RAINES's attorney, or by such other representative as is permitted to practice before the Board, or MS. RAINES may present MS. RAINES's position, arguments, or contentions in writing. At the hearing MS. RAINES may also present evidence and examine witnesses appearing for and against MS. RAINES.
Should MS. RAINES choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. This Order shall become effective immediately and is hereby entered upon the Journal of the Board for the 20th day of January, 2012.
CERTIFICATION
I, the undersigned Betsy J . Houchen, Executive Director for the Ohio Board of Nursing, hereby certify that the foregoing is a true and exact reproduction of the original Order of the Ohio Board of Nursing entered on its journal, on the 20th day of January 2012.
$etsy J . ~ o u c g nR.N., M S . , J.D. , Executive Director
January 20.2012 Date
(SEAL)
I hereby certify that a true and accurate copy of the foregoing Order, MYSTIE RENEE
RAINES, R.N, was sent via certified mail, return receipt requested, this 23rd day of January,
2012 to MYSTIE RENEE RAINES, at 260 W. Factoly Road, Springboro, Ohio 45066. I also certify that a copy of the same was sent via regular U S , mail this 231d day of Janua~y, 2012, to Lamont Pngh, SAC, Sanctions & Exclusions, Department of Health and Human Services, Office of Inspector General, Office of Investigations, PO Box 81020, Chicago 1L 60601-81020.
/getsy J. ~ o n k e nR.N., M.S., J.D. , Executive Director
llrf cc: Michelle T. Sutter, Assistant Attorney General
Case #11-003759
May 18, 2012

Sandi Jo Ritchey, R.N. 2089 W. Comet Road Clinton, Ohio 44216 Dear Ms. Ritchey: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about March 13, 2012, in Summit County Court of Common Pleas Case Number CR 11 10 2924, you pled guilty to one (1) count of Deception to Obtain a Dangerous Drug, a felony of the fifth degree, in violation of Section 2925.22, ORC; and one (1) count of Illegal Processing of Drug Documents, a felony of the fifth degree, in violation of Section 2925.23(B)(1), ORC, and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Deception to Obtain a Dangerous Drug, a felony of the fifth degree, in violation of Section 2925.22, ORC; and Illegal Processing of Drug Documents, a felony of the fifth degree, in violation of Section 2925.23(B)(1), ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-250513, IS HEREBY SUSPENDED. Continued practice after receipt of this
Sandi Jo Ritchey, R.N. Page 2 notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 13, 2012, in Summit County Court of Common Pleas Case Number CR 11 10 2924, you pled guilty to one (1) count of Deception to Obtain a Dangerous Drug, a felony of the fifth degree, in violation of Section 2925.22, ORC; and one (1) count of Illegal Processing of Drug Documents, a felony of the fifth degree, in violation of Section 2925.23(B)(1), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or about September 23, 2011, and involve you using deception to procure the administration of, a prescription for, or the dispensing of Ambien (Zolpidem) or possessing an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug. Further acts underlying this case involve you making, uttering, selling or possessing a false or forged prescription for Ambien (Zolpidem). Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. The Akron Police Department, Report of Investigation (Report), shows that, while employed as a nurse by the Oriana House Male CBCF (Oriana House), Akron, on or about September 23, 2011, you called Wal-Mart using the name of the RN Supervisor and stated that you were calling in a prescription for Ambien authorized by a doctor at Oriana House. The Report shows that when Wal-Mart tried to verify the prescription, Wal-Mart learned that the prescription was false. On or about October 13, 2011, you were interviewed by a Board Compliance Agent and admitted to calling in the Ambien prescription for yourself, stating that you were being treated for anxiety, were overwhelmed, and that things were crumbling.
Sandi Jo Ritchey, R.N. Page 3 Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Board Member Certified Mail Receipt No. 7011 2970 0003 1733 4293 Attorney Certified Mail Receipt 7011 2970 0003 1733 4309 cc: Henry G. Appel, Assistant Attorney General Brian Pierce, Esq.
Case# 12-000374
May 18, 2012

Jeannette Marshall Ruben 256 Dorchester Avenue Cincinnati, Ohio 45219 Dear Ms. Ruben: In accordance with Chapter 119, of the Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. Your license to practice nursing as a registered nurse is currently suspended for indefinite period of time with conditions for reinstatement pursuant to a Adjudication Order issued by the Board on May 16, 2003 (May 2003 Order), a copy of which is attached hereto and incorporated herein. Attached to incorporated within the May 2003 Order is a March 11, 2003 Report and Recommendation (March 2003 Report and Recommendation) and a January 18, 2002 Notice of Automatic Suspension and Opportunity for hearing (January 2002 Notice). On or about July 18, 2011, the Board received your letter requesting reinstatement. 2. You failed to meet the conditions for reinstatement as follows: Item i., Page 1 of the May 2003 Order states, MS. RUBEN shall obey all federal, state and local laws, and all laws and rules governing the practice of nursing in Ohio. Item ii., Page 2 of the May 2003 Order states, MS. RUBEN shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed by her by another so authorized who has full knowledge of MS. RUBENs history of chemical dependency. MS. RUBEN. Item vi., Page 2 of the May 2003 Order states, Not less than two (2) years prior to seeking reinstatement by the Board, MS. RUBEN shall, at her own expense, seek an initial chemical dependency evaluation by a Board appointed chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. RUBEN shall provide the chemical dependency professional with a copy of this Order. Further, MS. RUBEN shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes
Jeanette Marshall Ruben Page 2 diagnoses, recommendations for treatment and monitoring. Item viii., Page 2 of the May 2003 Order states, Within three (3) months prior to seeking reinstatement by the Board, MS. RUBEN shall, at her own expense, seek a second chemical dependency evaluation by a Board appointed chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. RUBEN shall provide the chemical dependency professional with a copy of this Order. The professional shall submit a written opinion to the Board stating whether MS. RUBEN is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care and any additional restrictions that should be placed on MS. RUBENs license. Despite these provisions: (a) On or about July 28, 2005, in Hamilton County Municipal Court, Case No. C04CRB41816, you pled no contest and were convicted of one (1) count of Passing Bad Checks, a first-degree misdemeanor, in violation of 2913.11, ORC. The facts underlying your conviction involve you knowingly issuing a check with insufficient funds in your checking account. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. (b) On or about December 7, 2005, in Hamilton County Court of Common Pleas, Case No. B 0510049, you pled guilty to and were convicted of one (1) count of Forgery, a fifth-degree felony, in violation of Section 2912.31(A)(3), ORC and one (1) count of Possession of Cocaine, a fifth-degree felony, in violation of Section of 2925.11(A). The facts underlying your convictions involve you forging a check and knowingly possessing Cocaine. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. (c) As of April 23, 2012, you have failed to submit to the Board documentation of an initial or second chemical dependency evaluation. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board.
Jeanette Marshall Ruben Page 3 Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Ohio Board
Nursing;;.:',
..
www.state.oh.us/nur .. (614) 466-3947
17 South High Street. Suite 400

IN THE MATTER OF:
:
.
ORDER 845 CASE #01-0452
JEANETTE RUBEN, R.N. AKA JEANETTE MARSHALL
AD,TUDICATION ORDER
This matter came on for consideration before the Ohio Board of Nursing (hereinafter "Board") on May 16, 2003. At such time the Board verified that it reviewed the following materials prior to consideration of this matter: Transcript, State's Exhibits, Respondent's Exhibits, Report and Recommendation, and Respondent's Objections to the Report and Recommendation. Christopher McNeil was the Hearing Examiner designated in this matter pursuant to Section 119.09, Ohio Revised Code (ORC). A true copy of the Report and Recommendation of Christopher McNeil is attached hereto and incorporated herein. On this date, the Board accepted all of the Findings of Fact, Conclusions of Law, and the Recommendation in the Hearing Examiner's Report and Recommendation. Upon this Report and Recommendation and upon the approval and c o n f i a t i o n by vote of the Board on the above date, the following ORDER is hereby entered on the Journal of the Ohio Board of Nursing for the above date. The Ohio Board of Nursing hereby ORDERS that: Jeanette Ruben's license to practice nursing as a registered nurse in the State of Ohio is hereby suspended for an indefinite period of time but not less than two (2) years. Ms. Ruben may submit a written request for reinstatement anytime after May 2005. The Board will consider reinstatement of Ms. Ruben's license only if all of the following conditions for reinstatement are met: i. MS. RUBEN shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio.
Jeanette Ruben . : ,. .. . .. . ,. ,..*:. .. ' . . . Page 2 .. ii. MS. RUBEN shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. RUBEN'S history of chemical dependency. MS. RUBEN shall take all prescription medications in accordance with the prescription. iii. MS. RUBEN shall abstain completely from the use of alcohol. iv. MS. RUBEN shall submit, at her expense and on the day selected, blood or urine specimens for drug and/or alcohol analysis at a collection site specified by the BOARD at such times as the BOARD may request. Refusal to submit such '. specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the BOARD may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28 (B), ORC. This screening shall require a daily call in process. The specimens that MS. RUBEN submits shall be negative. v. MS. RUBEN shall provide satisfactory documentation of attendance at three (3) 12 STEP meetings per week such as Alcoholics Anonymous, Narcotics Anonymous, Cocaine Anonymous, Caduceus, or a professional group meeting approved in advance by the BOARD or its designated representative. vi. Not less than two (2) years prior to seeking reinstatement by the BOARD, MS. RUBEN shall, at her own expense, seek an initial chemical dependency evaluation by a BOARD appointed chemical dependency professional and shall provide the BOARD with complete documentation of this evaluation. Prior to the evaluation, MS. RUBEN shall provide the chemical dependency professional with a copy of this ORDER. Further, MS. RUBEN shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the BOARD that includes diagnoses, recommendations for treatment and monitoring. ' h i . MS. RUBEN shall provide the BOARD with satisfactory documentation of compliance with all aspects of the treatment plan developed by the professional described above until released.
viii. Within three (3) months prior to seeking reinstatement by the BOARD, MS. RUBEN shall, at her own expense, seek a second chemical dependency evaluation from a BOARD appointed chemical dependency professional and shall provide the BOARD with complete documentation of this evaluation. Prior to the evaluation, MS. RUBEN shall provide the chemical dependency professional with a copy of this ORDER. The professional shall submit a written opinion to the BOARD stating whether MS. RUBEN is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care and any additional restrictions that should be placed on MS. RUBEN'S license.
ix. MS. RUBEN shall complete and submit satisfactory documentation of completion of a refresher course or an extensive orientation to be approved in advance by the BOARD or its designee.
Jeanette Ruben Page 3 x. MS. RUBEN shall sign a release of information form allowing the representatives of the above agencies / health professionals to submit the requested documentation directly to the BOARD. xi. MS. RUBEN shall submit any and all information, which the BOARD or its designated representative may request, regarding her ability to practice according to acceptable and prevailing standards of safe nursing care. xii. MS. RUBEN shall submit a satisfactory personal statement regarding compliance with the terms of this ORDER and progress in recovery within one month prior to reinstatement.
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xiii. The reports and documentation required by this ORDER shall be submitted on forms specified by the BOARD. xiv. MS. RUBEN shall verify that the reports and documentation required by this ORDER are received in the Board office, 17 South High Street, Suite 400, Columbus OH 43215-3413. xv. MS. RUBEN shall appear in person for an interview before the full BOARD or ils designated representative, as requested by the BOARD, and prior to reinstatement. xvi. The BOARD may only alter the indefinite suspension imposed if: (1) MS. RUBEN has complied with all conditions of reinstatement and, based upon an interview with MS. RUBEN and review of the documentation specified above, the BOARD determines that MS. RUBEN is able to practice according to acceptable and prevailing standards of safe nursing care. xvii. The BOARD further orders that MS. RUBEN surrender to the BOARD her Ohio registered nurse license, immediately. xviii. MS. RUBEN shall inform the BOARD OF NURSING COMPLIANCE UNIT within three (3) business days, in writing, of any change in address and/or phone number.
Following reinstatement, Ms. Ruben's license shall be subject to the following probationary terms, conditions, and limitations for a minimum period of five years.
i. MS. RUBEN shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. ii. MS. RUBEN shall appear in person for interviews before the full BOARD or its designated representative on a quarterly basis or as otherwise requested by the BOARD or its designated representative.
Jeanette Ruben . .. . . . . .',!\ .. Page 4 iii. MS. RUBEN shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. RUBEN'S history of chemical dependency. MS. RUBEN shall take all prescription medications in accordance with the prescription
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iv. MS. RUBEN shall abstain completely from the use of alcohol. v. MS. RUBEN shall submit, at her expense and on the day selected, blood or urine specimens for drug and/or alcohol analysis at a collection site specified by the BOARD at such times as the BOARD may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the BOARD may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28 (B), ORC. This screening shall require a daily call in process. The specimens that MS. RUBEN submits shall be negative. vi. MS. RUBEN shall attend three (3) 12 STEP meetings per week, such as Alcoholics Anonymous, Narcotics Anonymous, Cocaine Anonymous, or Caduceus, and provide satisfactory documentation to the BOARD of such attendance. These reports shall be submitted to the BOARD on a quarterly basis. vii. MS. RUBEN shall inform all treating practitioners of her chemical dependency and recovery status immediately following execution of the probationary period of this Order. MS. RUBEN shall provide to the BOARD Monitoring Coordinator a list of all treating practitioners including addresses and telephone numbers. viii. MS. RUBEN shall cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the BOARD Monitoring Coordinator, The medication report is to be completed for any and all prescriptions written for MS. RUBEN throughout the probationary period of this Order. ix. If MS. RUBEN is hospitalized or seeks medical treatment, MS. RUBEN shall notify the BOARD Monitoring Coordinator of any and all discharge medications or prescriptions received within twenty-four (24) hours of filling the prescriptions. x. Prior to accepting employment as a nurse, each time with every employer, MS. RUBEN shall notify the BOARD Monitoring Coordinator directly. xi. When working as a nurse, MS. RUBEN shall only work in settings in which a registered nurse supervisor is present on site at all times unless otherwise approved by the BOARD or its designee. xii. When MS. RUBEN begins working as a nurse, MS. RUBEN shall not work any overtime in any nursing job for the first year of employment unless otherwise approved by the BOARD or its designee. xiii. When MS. RUBEN begins work as a nurse, MS. RUBEN shall not work any night shifts for the first year of employment unless otherwise approved by the BOARD or its designee.
Jeanette Ruben . . . ,.. .+, Page 5 xiv. MS. RUBEN shall have a work site contact person, who shall be in contactwith the BOARD Monitoring Coordinator. MS. RUBEN shall have this nurse contact person contact the BOARD'S Monitoring Coordinator prior to working as a nurse. In the event that the nurse work site contact person becomes unable or unwilling to serve in this capacity, MS. RUBEN must immediately so notify the BOARD in writing and make arrangements acceptable to the BOARD for another nurse to monitor progress and status as soon as practicable.
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xv. MS. RUBEN shall have her employer, if working in a position, for which a nursing license is required, submit written reports regarding job performa.nce. These reports shall be submitted to the BOARD on a quarterly basis. xvi. MS. RUBEN shall provide her employer with a copy of this ORDER and'shall have her employer send documentation to the BOARD, along with the first employer report, of receipt of a copy of this ORDER. xvii. MS. RUBEN shall submit satisfactory personal statements to the BOARD regarding progress in recovery and regarding her employment, if working in a position for which a nursing license is required, and indicating whether or not MS. RUBEN has complied with all of the provisions of this ORDER. These statements shall be submitted to the BOARD on a quarterly basis. xviii. The reports and documentation required by this ORDER shall be submitted on forms specified by the BOARD. xix. MS. RUBEN shall sign a release' of information fonn allowing the representatives of the above agencieslhealth professionals to submit the requested documentation directly to the BOARD. xx. MS. RUBEN shall verify that the reports and documentation required by this ORDER are received in the BOARD office, 17 South High Street, Suite 400, Columbus, OH 432153413. xxi. MS. RUBEN shall inform the BOARD OF NURSING COMPLIANCE UNIT within five (5) business days, in writing, of any change in employment status. xxii. MS. RUBEN shall inform the BOARD OF NURSING COMPLIANCE UNIT within three (3) business days, in writing, of any change in address andlor phone number. xxiii. MS. RUBEN agrees that her license to practice nursing as a registered nurse will be automatically suspended if it appears to the BOARD that MS. RUBEN has violated or breached any terms or conditions of the ORDER. Following the automatic suspension, the BOARD shall notify MS. RUBEN via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. RUBEN may request a hearing regarding the charges. xxiv. The BOARD will only discontinue the probationary period imposed by this ORDER if: ( 1 ) MS. RUBEN has complied with all aspects of this ORDER; and (2) Based upon an interview with MS. RUBEN and review of the reports as required herein, the BOARD
Jeanette Ruben . . , .. . :,. ... ,. . . . ,:.a . Page 6 determines that MS. RUBEN is able to practice according to acceptable and prevailing standards of safe n u r s i n ~ - care without Board monitoring. Any . period during whichMs. RUBEN does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this ORDER.
MS. RUBEN's license shall be subject to the following T E M P O R A R Y P R A C T I C E RESTRIC,TION for a minimum period of two years following reinstatement: MS. RUBEN shall not practice nursing andlor obtain employment as a nurse in home health care, hospice, as an independent provider and shall not function in supervisory roles. MS. RUBEN may request that the Board re-evaluate this restriction at anytime after the minimum two (2) year period described above. MS. RUBEN's license shall also be subject to the following PERMANENT LICENSURE RESTRICTION: NARCOTIC RESTRICTION MS. RUBEN shall not administer, have access to, or possess (except as prescribed for MS. RUBEN's use by another so authorized by law who has full knowledge of MS. RUBEN's history of chemical dependency) any narcotics, other controlled substances, or mood altering drugs. In addition, MS. RUBEN shall not possess or carry any keys at work that belong to locked medication carts/cabinets/drawers/containers. MS. RUBEN shall not count narcotics.
This ORDER shall become effective immediately upon the date of mailing indicated on the attached Certificate of Service and is hereby entered upon the Journal of the Board for the Eh day of May, 2003.
Jeanette Ruben Page 7
MS. RUBEN may appeal this ORDER, pursuant to Section 119.12, ORC, by filing a notice of
appeal with the Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 432153413, setting forth the ORDER appealed from and the grounds of MS. RUBEN'S appeal. A copy of such notice of appeal shall also be filed in the Common Pleas Court of Franklin County, Columbus, Ohio. Each notice must be filed within fifteen (15) days of the mailing of this ORDER.
OHIO BOARD OF NURSING
(SEAL)
Mary Kay Sturbois, R.N., B.S.N.

President
CERTIFICATION
I hereby certify this to be a true and accurate copy of the Adjudication Order of the Ohio Board . . of Nursing entered on its Journal for the ]6m of Mav, 2003. day
'John Brion, R.N., M.S.

Executive Director
Jeanette Ruben Page 8
I hereby certify that a true and accurate copy of the foregoing Adjudication Order, concerning JEANETTE RUBEN, RN was sent via certified mail, return receipt requested, this day of
. 2W3
30"1
to JEANETTE RUBEN, 256 Dorchester Ave.,
Cincinnati OH 45219 and via regular U.S. mail to Anne M. Valentine, counsel of record for Columbus OH 43215. JEANETTE RUBEN, 175 South Third Street, PH-1,
day of I also certify that a copy of the same was sent via regular U.S. mail this to Genie Mermal, Department of Health and Human Services, Office of Inspector General, Office of Investigations, Box 215, 310 W. Wisconsin, Milwaukee, WI 53203.
C ~ J ~ L - T ~ )ms
f
d h n Brion. R.N.. M.S. Executive Director
LFXIdjf cc:
Katherine J. Bockbrader Assistant Attorney General Holly Fischer Assistant Attorney General
State of Ohio Board of Nursing 17 South High Street, Suite 400 Columbus, Ohio 43215-3413 In the Matter o f Jeanette Ruben (also known as Jeanette Marshall), R.N. Respondent
.03 BAR I1 PH 1: 04
Christopher B. McNeil, Esq Hearing Examiner March 11,2003
Appearances: For the Ohio State Board of Nursing: Betty Montgomery, OHIOATTORNEY GENERAL, and Katherine J. Bockbrader and Holly Fischer, Assistant Attorneys General, Health & Human Services Section, 30East Broad Street, 26"Floor, Columbus, Ohio 43215-3428. Telephone: 614.466.8600; Fax: 614.466.6090. For the Respondent-Licensee: Anne M. Valentine, Attorney at Law, 175 South 3rdStreet, PHI, Columbus, 0hio 43215. Phone: 614.221.2223 Fax: 614.221.3106.
1.Introduction
Nature of the Case This is an administrative proceeding under Ohio Revised Code Chapter 119 (the Administrative Procedure Act) and Chapter 4723 (the Nurse Practice Act). After she entered a plea of guilty to one count of aggravated arson, a felony under Ohio law, the Ohio Board of Nysing suspended the license of Respondent Jeanette Marshall Ruben pursuant to the provisions of R.C. 3719.121(C), which mandates the suspension of a nurse's license upon proof that the nurse has entered a plea of guilty to certain felony offenses, including aggravated arson, in violation of R.C. 2909.02. After she receivednotice ofthe automatic suspension, Respondent requested a hearing prior to any final action by the Board, and upon receipt of this request the Board set the matter for hearing and appointed me to serve as its hearing examiner. Respondent sought and obtained a delay in the initial hearing, and the hearing was rescheduled for December 9,2002. Respondent appeared and gave sworn testimony in support of her request for administrative relief, and the Respondent and the State presented additional evidence, both on December 9,2002, and by trial deposition conducted
IN RE: JEANETTE RLIBEN, R.N.
REPORTA~YD &COMMENDATION, PAGE 2
on November 18, 2002. This report is based on the transcripts of the evidence and arguments presented at that deposition and hearing. Summary of the Issues The charges pending before the Board focus on allegations that Respondent entered a plea of guilty to a felony charge of aggravated arson, and one count of theft, a fifthdegree felony offense. Because I find both charges are supported by reliable and credible evidence, I conclude that the charges pending against Ms. Rubenhave beenproved. After considering aggravating and mitigating circumstances presented during the hearing, I offer the recommendation that the Board indefinitely suspend Ms. R~tben'slicense to practice as a Registered Nurse in Ohio. My analysis follows.
2. Evidence Examined
Testimony Heard Presented by the State: The State presented the testimony of Jeanette Ruben and Dan Wolf.
Presented by Ms. Ruben: Ms. Ruben testified on her own behalf, and offered the testimony of Renee Longston and Judith Morris-Ayers, Ph.D.
Exhibits Examined Presented by the State State's Exhibit No. 1: State's Exhibit No. 2A: State's Exhibit No. 2B: State's Exhibit No. 3a: State's Exhibit No. 3b: State's Exhibit No. 4: State's Exhibit No. 5A: State's Exhibit No. 5B: State's Exhibit No. 5C: State's Exhibit No. 6A: State's Exhibit No. 6B: Notice of Opportunity for Hearing Respondent's Request for Hearing Request for Hearing State's Response to Request for Continuance State's Request for Information Screen print of Board Record Indictment Guilty Plea Judgment Entry Indictment Guilty Plea
IN RE: JEAMTTE
RUBEN, R.N. REPORT AND RECOMMENDATION, PAGE 3
State's Exhibit No. 7: Presented by Ms. Ruben Respondent's Exhibit A: Respondent's Exhibit B: Respondent's Exhibit C: Respondent's Exhibit D: Respondent's Exhibit E: Respondent's Exhibit F:
Judgment Detail Report
Affidavit of Carolyn R Richardson Letter in Support by Danny Payton and Affidavit of Danny Payton Letter in Support by Dr. Judith Morris-Aye'rs Letter in Support by Mr. Taylor Adult Parole Authority Summary and Recommendations Deposition of Judith Morris-Ayers, with Exhibit 1: Letter of August 2,2002; Exhibit 2: Wilmington College Questionnaire Exhibit 3: Transcript
3. Summary of the Evidence
All testimony and exhibits admitted in the hearing of this matter, whether or not specifically referred to in this Report, were thoroughly reviewed and considered by the Hearing Examiner prior to the entry of the findings, conclusions, and recommendations shown below.
JEANETTE MARSHALL RUBEN, R.N. Ms. Ruben earned her license as a licensed practical nurse in 1979, and as a registered nurse in 1988. Tr., p. 10 She attended the Cincinnati School of Practical Nursing in 1978 and Cincinnati Deaconess Hospital School of Nursing in 1993. Tr., p. 11 For the first two years under her LPN license, Ms. Ruben practiced in acute nursing, and then spent eight years in public health, and worked as a staff nurse at the University of Cincinnati, then worked in infection control. Tr., p. 11-12 Her job was abolished in 1992, and she started "job hopping," and became addicted to drugs. TI., p. 12 She w o t e a bad check in 1999, and was convicted of theft in October, 1999. Tr., p. 12 In November, 1999, she was convicted of aggravated arson after she xvas involved in a fire that was set in an apartment complex. Tr., p. 13 She said she was enrolled at the time in the master's program at the University of Cincinnati, learned she had breast cancer,
IN RE: JEANETTE
RUBEN, R.N.
REPORT AND RECOMbIENDATION,
PAGE4
started smoking marijuana and was regularly getting high using crack cocaine. Tr., p. 13, 16 The cancer was making her sick, so she started smoking marijuana with her husband, but he then introduced her to crack cocaine and she quickly became addicted to it. Tr., p. 17 By 1999 she was spending all of her money on crack. Tr., p. 17 She gave $600 to a person who had agreed to locate and procure for her some.crack,.cocaine.After this person took her money and failed to ,., .. .,:. , .. . . ., , ..,. .
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return in a timely manner, she went to the place where she expected to find him. She said waiting for this agent made her angry: "we had been there and anger going to irritation. We were sitting back on the porch waiting for him to get back. What happened was gasoline can in the back of the car, whatever. I had
- told [a passenger] to get that. We were going to attempt to try - but
there was also anger issues. I am telling him get a rag, it was lit, go ahead just throw the rag on the chair. Because I had some money and go get some more crack and going to leave the scene." Tr., p. 14 Ms. Ruben was unable or unwilling to identify the person with whom she was involved at this point, but said he was the person who lit the gasoline-soaked rag and threw it on a chair on the porch of this agent's apartment. Tr., p. 14 She said it was her intention only to get the attention of persons inside, in the hope they would open the door and let them in, "because I wanted to prove to these people he was inside the house. He still had my money at that point." Tr., p. 14-15 It was not, she said, her intention to hurt anyone inside the building. Tr., p. 14 When asked whether use of crack cocaine ever affected her nursing practice, Ms. Ruben said it "affected me not being able to go to work and be accountable, because I hardly went to work. It was easier to be with an agency and minimal work because I could not maintain a steady job when I did not go to work. Couldn't be responsible and accountable on my job. I couldn't maintain a shift or anything." Tr., p. 19 She denied ever using the drug before a shift, but said "it was hard to focus. I had to go to work because that is my money to get high with." Tr., p. 19 She said it did not, however, affect her judgment, "not really, because I did most supervisory positions" and was not involved in direct patient care at this time. Tr., p. 19 Ms. Ruben said she currently is in the job readiness program through the Urban League, and also is interested in pursuing her Masters of the Arts degree at the University of Cincinnati or
Page 4 of 13
IN RE: I E A N E T T E R ~ E N , R.N.
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REPORTAND RECOM~~ENDATION, 5 PAGE
Xavier University, and hopes to enter the counseling program. TI., p. 35 She said her addiction to crack cocaine was one-hundred percent her own responsibility, and she accepts full responsibility for writing bad checks and for setting the fire that led to her arson conviction. Tr., p. 40-41 She explained that she lost her job due to a merger at the same time she found she had breast cancer, and that up to that point in her life she never used either alcohol or drugs, but in the process of going through chemotherapy she would get high, using marijuana provided to her by her husband. She said he then offered her a marijuana cigarette laced with crack cocaine, without her knowing it, and within weeks she was hooked. Tr., p. 43 Ms. Ruben said she loves her work as a nurse, and misses it, particularly gerontology, where "you take care of the patient totally." Tr., p. 45 She also described her s t ~ ~ d i e s while incarcerated, noting that she attended the vocational program, focusing on seminars and recovery services, including courses on how to fi~nction without drugs, how to attain insight on how dmgs cause life problems, and learning how addiction plays a major role in behavior. Tr., p. 54 She also described her ongoing successfit1 work with her parole officer, and with Prof. Judith MorrisAyers, all of which demonstrated her commitment to improving her abilities. Tr., p. 60 Ms. Ruben stated: I love nursing. Sorry for what I did. I cannot undo what I did. It's always easy sitting on one side of the fence looking in. I was 39 years old when I started using drugs. More than the Board, I have hurt the people who love me, hurt my family. It makes me appreciate life. And I did the 10 steps. Makes me appreciate God a little more because at times really appreciate friends, friends and family ivho is very supportive of yon. You know what I mean? Because let you know who is in your comer, who loves you. You know, I love my job, work very hard at doing - I mean, never thought, like I said, hindsight is 20120, never do this, but I did and I can't undo it. All I can do is apologize and ask the Board to give me another chance and be willing to abide by any stipulations put on me by the Board. Ant that is all. Can't undo what I did. I apologize. I apologize to my family. I know you have to hold a person accountable." Tr., p. 61
Page 5 of 13
IN RE: JEANETTE RUEEN, R.N. REPORT AND RECOMMENDATION, PAOO6
LT. DAN WOLF Lt. Wolf is a lieutenant with the Cincinnati Fire Division, and works in the fire investigation unit where he investigates fires that are suspicious in nature. Tr., p. 24 He was working in that capacity in 1999, when called upon to investigate a fire involving Ms. Ruben. Tr., p. 24 He identified State's Exhibit No. 7 as his report about that fire, and said the fire involved a three-family brick structure with a porch-deck on the second and third floors. Tr., p. 24 At the time of the fire, there were three occupants in the building; two on the second floor and one on the third floor. Tr., p. 25 The blaze caused approximately $80,000, and forced the owners to tear down the building. Tr., p. 25 Every occupant escaped unharmed, and according to Lt. Wolf, Ms. Ruben admitted she accompanied another person to the premises, and encouraged the person to place a gasoline-soaked rag on a chair on the porch, set fire to the rag, to set the chair on fire. Tr., p. 26 He said there was a propane tank on the porch, "which didn't necessarily help much," and that the person with the rag set the chair on fire, and "it got out of hand, caught the wood deck on fire and the whole side of the building, and eventually went into the building. Tr.,
p. 27
According to Lt. Wolf, when he questioned Ms. Ruben, he found her to be very honest, truthful, and "I honestly felt she was sorry for what she did. I believe her that it did get out of hand. It was something never intended for." Tr., p. 28 He said in all of his years of investigating arson and dealing with drug addicted persons, there are not many whom he felt as he did for Ms. Ruben, adding that he spoke on her behalf at the request of Ms. Ruben's public defender during the criminal prosecution. Tr., p. 29 He said she took full responsibility for her crime, and was very remorseful. Tr., p. 31
RENEE LONGSTON, L.P.N. Ms. Longston spoke as a character reference in support of Ms. Ruben, explaining that she has worked with Ms. Ruben and has known her for over 21 years. Tr., p. 67 She said Ms. Ruben gave her the initial encouragement she needed to pursue a career in nursing, and she described
Page 6 of 13
..
[ RE: JEANETTERLIBEN, N R.N. REPORT AND RECOMMENDATION, PAGE7
watching Ms. Ruben str~iggle go to school and get the training she needed to get her nursing to license as well. Tr., p. 67 She said she maintained her friendship with Ms. Ruben throughout Ms. Ruben's incarceration, and she expressed her strong belief that Ms. Ruben should have her nursing license restored to her. Tr., p. 69 She said she bases this belief on her experience in the field of chemical dependency and detox, adding that Ms. Ruben's experiences make her a more credible teacher, who could help those seeking drug addiction counseling. Tr., p. 69-70
JUDITH MOWS-AYERS, Ph.D. Dr. Morris-Ayers is the coordinator of the Franklin Branch of Wilmington College. Dep. Tr. p., 7 The course is offered to inmates in certain prisons in Ohio, and includes a 29 credit hour course leading to a one-year business administration certificate. Dep. Tr. p., 6 Ms. Ruben enrolled in the program while incarcerated, under the name Jeanette Marshall. Dep. Tr. p., 10 Dr. Morris-Ayers identified a copy of Ms. Ruben's transcript, showing that she earned a GPA of 3.65, that placed her on the dean's list, using the same grading criteria as is used for persons taking courses at Wiimington College. Dep. Tr. p., 9 Dr. Morris-Ayers spoke highly of Ms. Ruben, recalling that she was a very avid reader and questioner, and that she was "very passionate about her nursing career," in a very positive way. Dep. Tr. p., 16 Although she admitted to not knowing the details of the crime that brought Ms. Ruben to prison, when asked whether she would have any qualms about Ms. Ruben being restored of her nursing license, Dr. Morris-Ayers said no: "You understand that I see many people who go to college and leave and come back. So I know it is never possible for me or anyone else to predict what someone will do. But there's nothing that would leave me to feel uncomfortable with her practicing." Dep. Tr. p., 18,21
AFFIDAVITS AND LETTERS IN SUPPORT Respondent offered the affidavits of witnesses who wrote in support of Ms. Ruben's skills and abilities as a nurse, and uniformly supported her reinstatement as a registered nurse. Page 7 of 13
..
1~ JEANETTERUBEN, RE: R.N.

REPORT AND RECOMMENDATION,
PAGE8
These affidavits were supplied by Carolyn R. Richardson, R.N. (Currently the supervisor of the Harmony Court Care Facility), and Danny Payton (the case manager and recmiter for the Urban League of Greater Cincinnati). In addition to these two affidavits, unsworn letters in support of Respondent's request for administrative relief were received from Mr. Taylor, a Franklin PreRelease Center Correctional Officer, Carolyn Richardson (supplementing Ms. Richardson's sworn statement), ,Danny Payton (supplementing Mr. Payton's sworn statement), Judith MorrisAyers, Ph.D., supplementing Dr. Morris-Ayers' sworn testimony, and the Adult Parole Authority (which supplied a report reflecting post release control).
ANALYSIS Before offering a recommendation as to disposition in this case, I would offer a brief analysis. Respondent's case is presented to the Board adequately demonstrating both the fact of the convictions and evidence in mitigation. The record reveals that Respondent was in the firm grip of a crack cocaine addiction when she set into motion the events that led to both convictions. The impetus leading to that addiction, too, should be taken into consideration when determining an appropriate disposition, particularly here where the addiction was precipitated by Respondent's unwitting use of crack cocaine, given to her by her husband as a palliative relating to Respondent's treatment for cancer. Certainly the testimonials offered, both by the arson investigator who responded to the crime and by professionals who came to know Respondent, all should be taken into consideration by the Board. The offense that triggered the automatic suspension of Respondent's license is, however, a grave one. Respondent set into motion events that very quickly led to the total destruction by fire of an apartment complex in which several residents were living. Her conduct put these people in mortal danger, and then left them homeless. As a first degree felony, the legislature has determined this to be among the most egregious of offenses, and in this setting indeed the, worst kind of losses could easily have been sustained. This is the kind of offense that warrants the loss of a professional license, notwithstanding the measure of remorse and rehabilitation shown in the Page 8 of 13
'
IN RE: JEANETTE RUBEN,
R.N.
REPORT AND RECOMMENDATION, PAGE9
record. The single determinative factor tipping the scales in Respondent's favor, in this case and under these facts, is the State's recommendation supporting suspension over revocation of this license. Ultimately, the Board sets the bar for who should and who should not practice nursing in Ohio, and the recommendation of its authorized representative should carry some weight. Based on the evidence, and weighing independently the aggravating and mitigating circumstances now in the record, there is a basis for recommending some sanction short of revocation; accordingly, my recommendation is that Respondent's license be suspended indefinitely, anticipating that the Board will supplement this administrative sanction with provisions designed to protect the public and give notice to all regulated parties of the gravity associated with convictions based upon felonies of the first degree.
4. Findings of Fact Having heard the testimony of the witnesses and the oral arguments
of counsel, and having examined the exhibits admitted into evidence, I make the following findings of fact and conclusions of law. To the extent that any findings of fact constitute conclusions of law, they are offered as such. To the extent that any conclusions of law constitute findings of fact, they are so offered. 1. Respondent Jeanette Marshall Ruben, is licensed as a Registered Nurse, licensed by the Ohio Board of Nursing, and has held a license issued by the Board continuously since September 8, 1988, first under the name Jeanette Marshall and currently under the name Jeanette Marshall Ruben. 2. In proceedings before the Hamilton County Common Pleas Court, in Case No. B9907767, Respondent entered a plea of guilty to one count of aggravated arson,
a felony, upon an indictment that charged Respondent with violating R.C.
2909.02(A)(3) (aggravated arson) and R.C. 2909,02(A)(l) (aggravated arson). Upon accepting Respondent's plea of guilty to aggravated arson pursuant to R.C. 2909.02(A)(3), the court entered a finding that Respondent is guilty of aggravated arson, and then sentenced Respondent to prison for a period of three years, with
IN RE: JEANETTE RUBEN, R.N. REPORT AND RECOMMENDATION, PAGE 10
its term to run concurrent to a prison term imposed in Hamilton County Common Pleas Court Case No. B9905418. The criminal conduct associated with this conviction includes Ms. Ruben encouraging a third person to set fire to a chair on a porch of an apartment complex, at a time when there were people inside the apartment complex. 3. In proceedings before the Hamilton County Common Pleas Court, in Case No. B9905418, Respondent entered a plea of guilty to one count of theft, a felony, upon an indictment that charged Respondent with violating R.C. 2909,13(A)(3) by knowingly obtaining or exerting control over property or services worth $500 or more, by deception. Upon accepting Respondent's plea of guilty to theft, the court entered a finding that Respondent is guilty of theft, a fifth degree felony, and then sentenced Respondent to prison for a period of one year, with its term to run concurrent to a prison term imposed in Hamilton County Common Pleas Court Case No. B9907767. The criminal conduct associated with this conviction includes Respondent writing a bad check to a neighborhood merchant. 4. Upon receipt of the documents sho\ving Respondent's conviction on the charge of aggravated arson, and after completing its investigation into the charges against Respondent, the Board on January 18, 2002, issued a notice suspending Respondent's license as a Registered Nurse, and mailed that notice on January 22, 2002. The notice further advised that the Board intended to take action against Respondent based on the aggravated arson conviction and based upon her plea of guilty to a felony theft charge entered on November 16, 1999, in the Court of Common Pleas of Hamilton County, Ohio, under case number B9905418. The Board extended to Respondent the opportunity to be heard with respect to charges that she had pleaded guilty to the aggravated arson charge and to the theft charge. Ms. Ruben received this notice on January 24, 2002, and by a letter dated Febmary 4, 2002, and received by the Board on February 6, 2002, Ms. Ruben Page 10 of 13
IN RE: JEANETTE RUBEN, R.N.

&PORT AND R C M E D TO , PAGE I EO MN AI N 1
invoked her right to an evidentiary hearing pursuant to the Ohio Administrative Procedure Act. The Board set the matter for hearing to begin on February 20, 2002. The matter was then continued at Respondent's request, and in a notice sent to the address provided by Ms. Ruben and dated October 11,2002, the Board advised Ms. Ruben that the matter was set for hearing to begin on December 9, 2002, setting forth the time and location of the hearing.
5. Conclusions of Law
1.
Because she holds a license to practice as a Registered Nurse in Ohio, Respondent Jeanette Marshall Ruben is subject to the authority of the Ohio Board of Nursing.
2.
Where the Board is presented with proof sufficient to establish that it is more probable than not that Respondent has entered a plea of guilty to a felony charge of aggravated arson, a crime that is contrary to the provisions of R.C. 2909.02(A)(3), as is the case here, there is a legal basis for its order automatically suspendins Respondent's license as a Registered Nurse, and extending to Respondent the opportunity to be heard before the Board takes further action with respect to Respondent's license.
3.
After the Board issued its notice of automatic suspension and its notice of opportunity for hearing to her, Ms. Ruben made a timely request for a hearing, and the Board set the matter for hearing in the time and manner required under the provisions of the Ohio Administrative Procedure Act (O.R.C. 1 19.07-09).
4.
Through the evidentiary process ~rovided for by R.C. 119.09, the State established by at least a preponderance of the evidence that on November 16, 1999, Respondent entered a
lea of
guilty to a theft, a fifth degree felony, and
aggravated arson, a first degree felony, both in Hamilton County Common Pleas, in case numbers B9905418 and B990776, respectively. In this way, the State has established that Respondent has violated R.C. 4723,28(B)(4), which authorizes Page 11 of 13
IN RE: JEANETTERUBEN, R.N.
REPORT AND RECOMMENDATION, 12 PAGE
the Board to discipline a licensee who has entered a plea of guilty to any felony.
5.
Pursuant to the provisions of O.R.C.
4723,28(B) (disciplinary actions against
licensees), the Board, pursuant to an adjudication conducted under Chapter 119. of the Revised Code and by a vote of a quorum, may impose one or more of the following sanctions: deny, permanently revoke, revoke, suspsnd, or place restrictions on any nursing license issued by the Board; reprimand or otherwise discipline a holder of a nursing license; or impose a fine of not more than five hundred dollars per violation. These sanctions may be imposed upon proof by at least a preponderance of the evidence, that the Respondent violated any provision of O.R.C. Chapter 4723, including R.C. 4723.28(B). The Board may thus impose any of the statutory forms of discipline found in R.C. Chapter 4723.28, for each instance where the evidence established, by at least a preponderance, a violation of law.
6. Recommendation and Proposed O r d e r

My recommendation is as follows: Because I find Respondent has entered a plea of guilty to theft, a fifth degree felony, and aggravated arson, a first degree felony, and offered evidence in mitigation of the charge, I recommend the Board of Nursing suspend Respondent Jeanette Marshal Ruben's license to practice nursing as a Registered Nurse in Ohio. The period of suspension should be determined by the Board and should include provisions requiring Respondent's attendance at support group meetings, appropriate testing and evaluation as determined necessary by the shard, and restrictions prohibiting access to narcotics, and such terms as the Board finds necessary and proper to protect the public.
Date:
3 / I \ ( u3
Respectfully Submitted by:
Page 12 o f 13
IN RE: JEANETTE RUBEN, R.N. REPORT WRMMENDARN, 13 AND PAGE
Certificate of S e n i c e
Pursuant to the provisions of R.C. 119.09, this Report and Recommendation was delivered to the Ohio Board o Nursing at its office on the 4th Floor, 17 South High Street, Columbus, Ohio, on M a f i 11 003 Christopher B. McNeil ~ t t o r n e y Law at
C P A '
Page 13 of 13

17 South High Street, Suite 400 January 18,2002
www.state.oh.us/nur (614) 466-3947
Columbus. Ohio 43215-3413

Jeanette Ruben (AKA Jeanette Marshall), R.N. 256 Dorchester Ave. Cincinnati, OH 45219 Dear Ms. Ruben: In accordance with Section 4723.281(C) of the Ohio Revised Code (hereinafter "ORC"), the Oliio Bo;trd of Nursing (herein:rfter "Bo;~rd") ;~uthorizetlL auton1:1tically s~tspend is o your license to practice 21s u rcgistcred nursc (#RN-216017, lapsed #PN-060486) for the rollowing reason:
I.
Oii or about November 16, 1999, in the C O L of~C~ ~ i ~ n ~Plcils o f l ~ i ~ n ~ i l t o ~ ~ n t y , I o orl C ~i Cnsc No. B9907767, you plctl g ~ ~ i l to anti werc found guilty of onc (1) count of ty Aggravateti Arsori in violation or Sectioti 2909.02(A)(3) ORC.
Scctiori 4723.281(C) ORC, states in pertinent part as follows: (C)Thc liccrisc issued to an individual under 4723. ORC is a~~torliatically s~ispcndctl on that individual's conviction of, plea of guilty to, or judicial rinding with regard to ....aggravated arson. Thc suspension shall remain i n effect from tlic date of tlie conviction, plca, or finding until an adjudication is held under Chapter 119. of the Revised Code. If tlie Board has knowledge that an automatic s~~spension has occurred, it shall notify the individual subject to the suspension. I F the individual is notified and either fails to request an adjudication within the time periods established by Chapter 119. ORC or fails to participate in the adjudication, the Board shall enter a final order permanently revoking the person's license or certificate.
WHEREFORE, PURSUANT TO SECTION 4723.281(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation OF Section 4723.03(A) ORC. You are hereby ordered to nursing as a registered nurse, license RN-216047, to surrender your Ohio license to pri~ctice the Board within ten (10) days of receipt of this notice.
Jeanette Ruben, R.N. Page 2 You are further notified that in accordance with Chapter 119, ORC the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons:
I.
On or about October 4, 1999, in the Court of Common Pleas of Hamilton County, Case No. B9905418, y o ~ tpled guilty to and were found guilty of one ( I ) count of Theft in violation of Section 2913,02(A)(3) ORC, a Felony of the Fifth Degree. The acts underlying your guilty plea and the conviction against you involved your attempt to deprive Parrott's Deli, in Cincinnati, Ohio of property or services worth $500 or more.
Section 4723,28(B)(4) ORC, authorizes the Board to discipline a licensee who has pled guilty to or has been found guilty of any felony. 2. On or about Noventber 16, 1999, in the Court of Common Pleas of Hamilton County, Cast No. 89907767, you pled guilty to and were found guilty of one ( I ) count of Aggravalcd Arson ir, violatioil of Section 2909.02(A)(3) ORC. Tllc acts i~rtdcrlyirtgyour guilty plca ant1 tlic conviction ngnirlst you irtvolvcd your purposefully scttirtg firc to arl occupicd apartincnl building i n Cincinnati. Oliio on Octobcr 7. 1999. SecLiorl 4723.281(C) ORC, states in pcrtincnt pilrt 21s i'ollows: (C)Thc licertsc issued to an individual undcr 4723. ORC is autontatically s~tspcnded on that individual's conviction of, plca of guilty to, or j~rclicial finding with regard to ....aggravated arson. The suspcnsiort shall remain in effect from the date of the convictior,, plca, or finding until art adjudication is held under Chapter 119. of the Rcvised Code. If the Board has knowledge that an automatic suspension has occurred, it shall notify the individual subject to the suspension. If the individual is notilied and either fails to request an adjudication within the time periods established by Chapter 119. ORC or fails to participate in the adjudication, the Board shall enter a final order permanently revoking the person's license or certificate. Section 4723,28(B)(4) ORC, authorizes the Board to discipline a licensee who has pled guilty to or has been found guilty of any felony. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing on this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to
Jeanette Ruben, R.N. Page 3 practice before the Board, or you may present your position, argument, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter to: Theresa Stir, Adjudication Coordinator, 17 South High Strcct, Suite 400, Columbus, OH 43215-3413. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation.
Sincerely,
Yvonne Sniith, R.N., M.S.N., CNS Supervising Board Mcmber Certified Mail Receipt No. 7001 1940 0001 0058 5791 Cc: Katherine Bockbrader, Assistant Attorney General Paula Luna Paoletti, Assistant Attorney General
Duplicate Mailing to: Jeanette Marshall, #046445 Franklin Pre-Release Center P.O. Box 23651 Columbus, OH 43223 Certified Mail Receipt No. 7001 1940 0001 0058 5807
Case 11-002372
May 18, 2012

Shelly Noreen Sabecki, R.N. 5343 Rowland Road Toledo, Ohio 43613 Dear Ms. Sabecki: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about May 24, 2011, while working as a nurse at Advanced Specialty Select Hospitals of Toledo in Toledo, Ohio, you submitted a drug screen specimen, which was positive for Fentanyl and other drugs. You did not have a current, valid prescription for Fentanyl. 2. You were interviewed by a Board Compliance Agent on or about June 23, 2011 regarding the May 24, 2011 drug screen, and admitted having selfadministered your husbands sleeping pill (Restoril) and self-administering Percocet prescribed to you in October 2010 following a C-section. You further admitted that approximately one month before the screen, and two or three times before that, you self-administered Xanax prescribed to your sister. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in
Shelly Noreen Sabecki, R.N. Page 2 writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #11-001682, 08-1464
May 18, 2012

Catherine Ann Scott, L.P.N. 624 Bricker Farms Ln. Salem, Ohio 44460 Dear Ms. Scott: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 28, 2011, while working as a nurse at Shepherd of the Valley Nursing Home in Niles, Ohio (Shepherd), you were removed from patient care responsibilities between approximately 4:30 pm and 5:00 pm. At that time you told Shepherd staff members that you had already administered medications to patients that were prescribed to be given at 6:00 pm, 8:00 pm, and 10:00 pm, and you requested permission to document these medications in the patients Medication Administration Record. Attachment A shows the medication doses you administered to patients between the start of your shift at 3:00 pm and when you were removed from patient care between approximately 4:30 pm and 5:00 pm, even though those doses were prescribed to be administered later in the day. After you left Shepherd on March 28, 2011, a Shepherd employee called you at home and you stated that seven (7) patients had received all of their medications at 4:00 pm, including medications that were not due to be given until 6:00 pm, 8:00 pm and 10:00 pm. You also stated, I have to admit it that I gave them all of their pills. I know it was wrong. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(E), Ohio Administrative Code (OAC), states that a licensed nurse shall, in a complete, accurate, and timely manner, report and document nursing assessments or observations, the care provided by the nurse for the client, and the client's response to that care. Rule 4723-4-06(F), OAC, states that a licensed nurse shall, in an accurate and timely manner, report to the appropriate practitioner errors in or deviations
Catherine Ann Scott, L.P.N. Page 2 from the current valid order. Rule 4723-4-06(H), OAC, states that a licensed nurse shall implement measures to promote a safe environment for each client. 2. On or about March 27, 2011, while working as a nurse at Shepherd, you were overheard stating to Patient #8 in a loud voice, Why dont you act like a human being. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(J), OAC, states that at all times when a licensed nurse is providing direct nursing care to a client the licensed nurse shall: (2) Treat each client with courtesy, respect, and with full recognition of dignity and individuality. 3. On or about June 12, 2008, you told a Board Compliance Agent that you had ingested Darvocet tablets that had been prescribed to your mother. You said that you took the Darvocet prior to being requested to provide a specimen for drug screening on April 30, 2008 by the Canterbury Villa of Alliance, Ohio (Canterbury Villa), where you were working as a nurse. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. 4. On or about June 12, 2008, you told a Board Compliance Agent that while working as a nurse at Canterbury Villa you had poor nursing documentation practice, which included frequently forgetting to document assessments and administration of as needed medications in the Medication Administration Record. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(E), OAC, states that a licensed nurse shall, in a complete, accurate, and timely manner, report and document nursing assessments or observations, the care provided by the nurse for the client, and the client's response to that care. Rule 4723-4-04(C), OAC, states that a licensed practical nurse shall demonstrate competence and accountability in all areas of practice in which the nurse is engaged which includes, but is not limited to, the following: (1) Consistent performance of all aspects of nursing care. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to
Catherine Ann Scott, L.P.N. Page 3 practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4163 Attorney Certified Mail Receipt No. 7011 2970 0003 1733 4170 cc: Henry G. Appel, Assistant Attorney General Cheryl R. Stewart, Esq.
Catherine Ann Scott, L.P.N. Page 4
ATTACHMENT A Patient# 1 1 1 1 1 2 2 2 3 4 4 4 5 5 5 5 6 6 6 6 7 7 7 Medication Aricept (Donepezil HCL) Coumadin (Warfarin Sodium) Levothyroxine Sodium Propranolol Zocor (Simvastatin) Allopurinol Detrol LA Hydroxyzine HCL Tramadol Aricept (Donepezil HCL) Remeron (Mirtazaprine) Zyprexa Celexa (Citalopram HBR) Flomax (Tamsulosin HCL) Metformin Primidone Coreg (Carvedilol) Flomax (Tamsulosin HCL) Remeron (Mirtazaprine) Zocor (Simvastatin) Namenda Risperdal (Risperidone) Zocor (Simvastatin) Time Ordered to be Administered 8:00 PM 8:00 PM 10:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 10:00 PM 10:00 PM 10:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM 8:00 PM
Case #11-004748; 11-004766
May 18, 2012

Rebecca Michelle Seals, R.N. 12 Planet Ct Fairfield, Ohio 45014 Dear Ms. Seals: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, in or about March 2012, in Hamilton County Court of Common Pleas Case Number B1107658, you pled guilty to, and were subsequently convicted of one (1) count of Possession of Heroin, a felony of the fifth degree, in violation of Section 2925.11(A), ORC. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Possession of Heroin, a felony of the fifth degree, in violation of Section 2925.11(A), ORC, constitutes a felony drug abuse offense as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-298345, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC.
Rebecca Michelle Seals, R.N. Page 2 You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. In or about March 2012, in Hamilton County Court of Common Pleas Case Number B1107658, you pled guilty to, and were subsequently convicted of one (1) count of Possession of Heroin, a felony of the fifth degree, in violation of Section 2925.11(A), ORC. The acts underlying this case occurred on or about November 16, 2011, and involve you obtaining, possessing, or using Heroin. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about October 1, 2010, you were observed to be in a non-alert state at your workstation at Cincinnati Childrens Hospital Medical Center where you were employed as a nurse. You were directed to submit a specimen for drug testing. The specimen that you submitted for drug testing on October 1, 2010, tested positive for Morphine, Codeine, and Hydromorphone without a medical explanation for the result.
Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is
Rebecca Michelle Seals, R.N. Page 3 permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case# 12-001252
May 18, 2012

Cathy D. Sharpe, R.N., L.P.N. 1347 Fox Run Drive #106 Willoughby, Ohio 44094 Dear Ms. Sharpe: You are hereby notified that, on or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your licenses to practice nursing as a registered nurse and a licensed practical nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of time not less than two (2) years. Attached to and incorporated within the November 2011 Consent Agreement is a January 21, 2011 Notice of Opportunity for Hearing (January 2011 Notice). A. Item 1. of the November 2011 Consent Agreement states, MS. SHARPE shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), Ohio Administrative Code (OAC), states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board. Despite these provisions, on or about April 2, 2009, in Euclid Municipal Court Case No. 09TRC00330, you pled no contest and were convicted of one (1) count of Driving Under the Influence, a first-degree misdemeanor, in violation of 333.01, Euclid Codified Ordinance. On or about March 15, 2010, you submitted a 2009-2011 reinstatement/renewal application to the Board and answered no to the question have you been convicted of a misdemeanor in Ohio, another state, commonwealth, territory, province or country since your last renewal. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), OAC, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board
Cathy D. Sharpe, R.N., L.P.N. Page 2 B. Item 2. of the November 2011 Consent Agreement states, MS. SHARPE shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Despite this provision, on or about March 27, 2012, you failed to appear at the Boards office for your scheduled personal interview with your Board Monitoring Agent. You were sent a letter dated March 19, 2012, to your address of record notifying you of this scheduled personal interview. C. Item 7. of the November 2011 Consent Agreement states, Within ninety (90) days of the effective date of this Consent Agreement, MS. SHARPE shall, at her expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. SHARPE shall provide the chemical dependency professional with a copy of this Consent Agreement and the January 2011 Notice. Further, MS. SHARPE shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The chemical dependency professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions to be placed on MS. SHARPES license to practice nursing, and stating whether MS. SHARPE is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. Despite this provision, as of May 14, 2012, you have failed to submit to the Board complete documentation of a chemical dependency evaluation. D. Item 9. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. SHARPE shall attend a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board, or a twelve-step program, and MS. SHARPE shall provide satisfactory documentation of such attendance to the Board on a quarterly basis. Despite this provision, as of May 14, 2012, you have failed to submit to the Board satisfactory documentation of support or Twelve Step meeting attendance. E. Item 10. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. SHARPE shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the
Cathy D. Sharpe, R.N., L.P.N. Page 3 Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. SHARPE shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. SHARPES chemical history. Despite this provision, as of May 14, 2012, you failed to register with Firstlab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a urine specimen. F. Item 11. of the November 2011 Consent Agreement states, MS. SHARPE shall notify the Board, in writing, of the name and address of any current employer within thirty (30) days following the effective date of this Consent Agreement, or any new employer prior to accepting employment. Item 12. of the November 2011 Consent Agreement states, MS. SHARPE, within fifteen (15) days of the effective date of the Consent Agreement, if working in a position in which a nursing license is required, shall provide her employer(s) with a copy of this Consent Agreement and the January 2011 Notice. Further, MS. SHARPE is under a continuing duty to provide a copy of this Consent Agreement and the January 2011 Notice to any new employer prior to accepting nursing employment. MS. SHARPE shall have her employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning January 1, 2012 or beginning with in thirty (30) days of working in a nursing position. MS. SHARPE shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement and the January 2011 Notice, including the date they were received. On or about December 15, 2011, in a telephone interview with your Compliance Agent, you stated that were working as a nurse at Kindred Specialty Hospital in Cleveland, Ohio. Despite these provisions, as of May 14, 2012, you have failed to submit to the Board, in writing, the name and address of your nursing employer. Also, as of May 14, 2012, you have failed to have your employer submit written quarterly job performance reports. Furthermore, as of May 14, 2012, you have failed to have your employer submit documentation verifying receipt of your November 2011 Consent Agreement and January 2011 Notice. G. Item 20. of the November 2011 Consent Agreement states, MS. SHARPE shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number.
Cathy D. Sharpe, R.N., L.P.N. Page 4 Despite this provision, you have failed to submit to the Board, in writing, an updated telephone number. Your Compliance Agent has been unable to reach you by telephone since January 2012. H. Item 3. of the November 2011 Consent Agreement states, Prior to May 1, 2012, MS. SHARPE shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing nursing education taken subsequent to the effective date of this Consent Agreement: ten (10) hours of Chemical Dependency/Substance Abuse, three (3) hours of Ethics, and one (1) hour of the Law and Rules Governing the Practice of Nursing in the State of Ohio. Despite this provision, as of May 14, 2012, you have not submitted documentation of completing any of the continuing education required by Item 3. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the November 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 1., 2., 3., 7. , 9., 10., 11., and 20. of the November 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSES TO PRACTICE NURSING AS A REGISTERED NURSE, RN-327843, AND AS A LICENSED PRACTICAL NURSE, PN-107708, ARE HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a registered nurse without a current, valid license, which is a violation of Section 4723.03(A), ORC and/or engaging in the practice of nursing as a licensed practical nurse without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your licenses to practice nursing as a registered nurse and as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about November 18, 2011, you entered into a Consent Agreement (November 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your licenses to practice nursing as a registered nurse and a licensed practical nurse in the State of Ohio would be suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of time not less than two (2) years. Attached to and incorporated within the
Cathy D. Sharpe, R.N., L.P.N. Page 5 November 2011 Consent Agreement is a January 21, 2011 Notice of Opportunity for Hearing (January 2011 Notice). 2. Item 1. of the November 2011 Consent Agreement states, MS. SHARPE shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), Ohio Administrative Code (OAC), states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board. Despite these provisions, on or about April 2, 2009, in Euclid Municipal Court Case No. 09TRC00330, you pled no contest and were convicted of one (1) count of Driving Under the Influence, a first-degree misdemeanor, in violation of 333.01, Euclid Codified Ordinance. On or about March 15, 2010, you submitted a 2009-2011 reinstatement/renewal application to the Board and answered no to the question have you been convicted of a misdemeanor in Ohio, another state, commonwealth, territory, province or country since your last renewal. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(P)(1), OAC, states that a licensed nurse shall not make any false, misleading, or deceptive statements, or submit or cause to be submitted any false, misleading or deceptive information, or documentation to the board 3. Item 2. of the November 2011 Consent Agreement states, MS. SHARPE shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Despite this provision, on or about March 27, 2012, you failed to appear at the Boards office for your scheduled personal interview with your Board Monitoring Agent. You were sent a letter dated March 19, 2012, to your address of record notifying you of this scheduled personal interview. 4. Item 7. of the November 2011 Consent Agreement states, Within ninety (90) days of the effective date of this Consent Agreement, MS. SHARPE shall, at her expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MS. SHARPE shall provide the chemical dependency professional with a copy of this Consent Agreement and the January 2011 Notice. Further, MS. SHARPE shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The chemical dependency professional shall submit a written
Cathy D. Sharpe, R.N., L.P.N. Page 6 opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions to be placed on MS. SHARPES license to practice nursing, and stating whether MS. SHARPE is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. Despite this provision, as of May 14, 2012, you have failed to submit to the Board complete documentation of a chemical dependency evaluation. 5. Item 9. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. SHARPE shall attend a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board, or a twelve-step program, and MS. SHARPE shall provide satisfactory documentation of such attendance to the Board on a quarterly basis. Despite this provision, as of May 14, 2012, you have failed to submit to the Board satisfactory documentation of support or Twelve Step meeting attendance. 6. Item 10. of the November 2011 Consent Agreement states, Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. SHARPE shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. SHARPE shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. SHARPES chemical history. Despite this provision, as of May 14, 2012, you failed to register with Firstlab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a urine specimen. 7. Item 11. of the November 2011 Consent Agreement states, MS. SHARPE shall notify the Board, in writing, of the name and address of any current employer within thirty (30) days following the effective date of this Consent Agreement, or any new employer prior to accepting employment. Item 12. of the November 2011 Consent Agreement states, MS. SHARPE, within fifteen (15) days of the effective date of the Consent Agreement, if working in a position in which a nursing license is required, shall provide her employer(s) with a copy of this Consent
Cathy D. Sharpe, R.N., L.P.N. Page 7 Agreement and the January 2011 Notice. Further, MS. SHARPE is under a continuing duty to provide a copy of this Consent Agreement and the January 2011 Notice to any new employer prior to accepting nursing employment. MS. SHARPE shall have her employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning January 1, 2012 or beginning with in thirty (30) days of working in a nursing position. MS. SHARPE shall have her employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of this Consent Agreement and the January 2011 Notice, including the date they were received. On or about December 15, 2011, in a telephone interview with your Compliance Agent, you stated that were working as a nurse at Kindred Specialty Hospital in Cleveland, Ohio. Despite these provisions, as of May 14,, 2012, you have failed to submit to the Board, in writing, the name and address of your nursing employer. Also, as of May 14, 2012, you have failed to have your employer submit written quarterly job performance reports. Furthermore, as of May 14,, 2012, you have failed to have your employer submit documentation verifying receipt of your November 2011 Consent Agreement and January 2011 Notice. 8. Item 20. of the November 2011 Consent Agreement states, MS. SHARPE shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number. Despite this provision, you have failed to submit to the Board, in writing, an updated telephone number. Your Compliance Agent has been unable to reach you by telephone since January 2012. 9. Item 3. of the November 2011 Consent Agreement states, Prior to May 1, 2012, MS. SHARPE shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing nursing education taken subsequent to the effective date of this Consent Agreement: ten (10) hours of Chemical Dependency/Substance Abuse, three (3) hours of Ethics, and one (1) hour of the Law and Rules Governing the Practice of Nursing in the State of Ohio. Despite this provision, as of May 14, 2012, you have not submitted documentation of completing any of the continuing education required by Item 3.
Cathy D. Sharpe, R.N., L.P.N. Page 8 Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your licenses to practice nursing as a registered nurse and as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case # 10-4636

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ww\v.nursing.ohio.gov
(614) 466-3947
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CONSENT AGREEMENT BETWEEN CATHY D. SHARPE, R.N., L.P.N. AND OHIO BOARD OF NURSING
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m % This Consent Agreement is entered into by and between CATHY D. SHARPE, R.N., L.P.N. (MS. SHARPE) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder.
MS. SHARPE voluntarily enters into this Consent Agreement being fully informed of
her rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723,28(B)(10), ORC, authorizes the Board to discipline a licensee for impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care because of habitual or excessive use of drugs, alcohol, or other chemical substances the impair the ability lo practice.
B.
MS. SHARPE was initially licensed to practice nursing as a

registered nurse in the State of Ohio, RN-327843, in August, 2006. MS. SHARPE was initially licensed to practice nursing as a licensed practical nurse (LPN) in the State of Ohio, PN-107708, in November, 2000. MS. SHARPE's LPN license lapsed in September 2006.
Cathy D. Sharpe, R.N., L.P.N. Page 2
C.
MS. SHARPE knowingly and voluntarily admits to the factual and legal allegations set forth in the Notice Opportunity for Hearing dated January 21,201 1 (January 201 1 Notice), a copy of which is attached hereto and incorporated herein. AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. SHARPE knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: MS. SHARPE's licenses to practice nursing as a registered nurse and licensed practical nurse shall be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations for a minimum period of time not less than two (2) years: 1.
MS. SHARPE shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MS. SHARPE shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Prior to May 1 , 2012, MS. SHARPE shall, in addition to the requirements of l~censure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing nursing education taken subsequent to the effective date of this Consent Agreement: ten (10) hours of Chem~calDependencyISubstance Abuse, three (3) hours of Ethics, and one (1) hour of the Law and Rules Governing the Practice of Nursing in the State of Ohio. MS. SHARPE agrees that she will submit a request to the Bureau of Criminal Identification and Investigation (BCII) to conduct a criminal records check of MS. SHARPE, including a check of Federal Bureau of Investigation (FBI) records, and shall request BCII to submit MS. SHARPE's criminal records check reports to the Board. MS. SHARPE completed criminal records check, including the FBI check, must be received by the Board within six (6) months folIowing the effectivedate of the Consent Agreement.
2.
3.
4.

5.
MS. SHARPE shall abstain completely from the personal use or possession of drugs, except those prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS.
SHARPE's chemical history. MS. SHARPE shall self-administer the prescribed drugs only in the manner prescribed. 6. MS. SHARPE shall abstain completely from the use of alcohol. Within ninety (90) days of the effective date of this Consent A~reement.MS. SHARPE shall. at her exDense, obtain a chemical dependency' evaluation by a ~ o a r dapproved chemical dependency professional and shall provide the Board with complete documentation of ;his evaluation. Prior ;o the evaluation, MS. SHARPE shall provide the chemical dependency professiollal with a copy of this Consent Agreement and the January 2011 Notice. Further, MS. SHARPE shall execute releases to permit the chemical dependency professional to obtain ally information deemed appropriate and t~ecessaryfor the evaluation. The chemical dependency professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, ally additional restrictions to be placed on MS. SHARPE'S license to practice nursing, and stating whether MS. SHARPE is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.
8.
MS. SHARPE shall provide the Board with satisfactory documentation of compliailce with all aspects. of the treatment plan developed by the chemical dependency described above until released. Further, MS. SHARPE agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MS. SHARPE'S license and that the terms, conditions and limitations shall be incorporated in an addendum to the Consent Agreement. Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. SHARPE shall attend a minimum of one (1) meeting per week of a support or peer group meeting approved in advance by the Board, or a twelve-step program, and MS. SHARPE shall provide satisfactory documentation of such attendance to the Board on a quarterly basis. Within forty-five (45) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. SHARPE shall submit, at her expense and on the day selected, blood, breath, hair, or urine specimens for drug andior alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for
9.
10.
Cathy D. Sharpe, R.N., L.P.N, Page 4
purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. SHARPE shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. SHARPE'S chemical history. a. Prior to initiating drug screening, MS. SHARPE shall provide a copy of this Consent Agreement and the January 2011 Consent Agreement to all treating practitioners and shall provide to the Board a list of all treating practitioners, including addresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to the Board. The medication report is to be completed for any and all substances prescribed, administered, or dispensed to MS. SHARPE. b. After initiating drug screening, MS. SHARPE shall be under a continuing duty to provide a copy of this Consent Agreement and the January 201 1 Notice prior to initiating treatment, to additional treating practitioners and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner. Further, MS. SHARPE shall notify the Board of any and all medications(s) or prescript~on(s)received within twenty-four (24) hours of release from hospitalization or medical treatment.
11.
MS. SHARPE shall notify the Board, in writing, of the name and address of any current employer within thirty (30) days following the effective date of this Consent Agreement, or any new employer prior to accepting employment. MS. SHARPE, within fifteen (15) days of the effective date of the Consent Agreement, if working in a position in which a nursing license is required, shall provide her employer(s) with a copy of this Consent Agreement and the January 2011 Notice. Further, MS. SHARPE is under a continuing duty to provide a copy of this Consent Agreement and the January 201 1 Notice to any new employer prior to accepting nursing employment. MS. SHARPE shall have her employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning January 1, 2012 or beginning with in thirty (30) days of working in a nursing position. MS. SHARPE shall have her employer(s) send documentation to the Board, along
12.
Cathy D. Sharpe,R.N.,L.P.N. Page 5
with the first employer report, of receipt of a copy of this Consent Agreement and the January 201 1 Notice, including the date they were received.
13.
MS. SHARPE shall report to the Board, in writing, any violation of this
14.
MS. SHARPE shall sign release of information forms allowing health

professiollals and other organizations to submit the requested documentation directly to the Board.
15.
MS. SHARPE shall submit any and all information that the Board may
16.
MS. SHARPE shall not submit or cause to be submitted any false,

misleading, or deceptive statements, information, or documentation to the Board or to employers or potential eh@lo$ers.
17.
MS. SHARPE shall submit the reports -and documentation required by

this Consent Agreement on forms specified by the Board. All reporting and comlnunications required by this Consent Agreement shall be made to the Compliance Unit of the Board.
18.
MS. SHARPE shall submit the reports and documentation required by

this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
19.
MS. SHARPE shall verify that the reports and documentation required
by this Consent Agreement are received in the Board office.
20.
MS. SHARPE shall inform the Board within five (5) business days, in
Temporarv Practice Restrictions MS. SHARPE shall not practice nursing as a registered nurse andlor a licensed practical nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care
programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is
Cathy D. Sharpe,R.N., L.P.N, Page 6
reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. SHARPE to provide nursing services for fees, compensation, or other consideration or as a volunteer.
MS. SHARPE shall not function in a position or employment where the job duties or requirements involve management of nursing or nursing responsibilities, or supervising and evaluating nursing practice. Such positions include but are not limited to the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY MS. SHARPE agrees that her licenses to practice nursing as a registered nurse andlor a licensed practical nurse will be automatically suspended if it appears to the Board that MS. SHARPE has violated or breached any terms or conditions of the Consent Agreement. Following the automatic suspension, the Board shall notify MS. SHARPE via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. SHARPE may request a hearing regarding the charges.
The above described terms and cond~lionsshall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MS. SHARPE appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal d~sciplinary proceedings for any and ail possible violations or breaches, rnclud~ng, not limited to, but alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement

The terms, limitations, and conditions, of this Consent Agreement may be modified or terminated, in writing, at any time upon the agreement of both MS. SHARPE and the Board. The Board may only alter the probationary period imposed by this Consent Agreement if: (1) the Board determines that MS. SHARPE has complied with all aspects of this Consent Agreement; and (2) the Board determines that MS. SHARPE is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MS. SHARPE and review of the reports as required herein. Any period during which MS. SHARPE does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Consent Agreement.
MS. SHARPE acknowledges that she has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered in a satisfactory manner. MS. SHARPE waives all of her rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement. MS. SHARPE waives any and all claims or causes of action she may have against the Board, and its members, officers, employees andlor agents arising out of matters, which are the subject of this Consent Agreement.
This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies. This Consent Agreement is not an adjudication order as d~scussedin Chapter 119, ORC. Any action in~tiatedby the Board based on alleged violations of this Consent Agreement shall comply with the Administrative Procedures Act, Chapter 119, ORC.
EFFECTIVE DATE MS. SHARPE understands that this Consent Agreement is subject to ratification by the Board prior to signature by the Board President and shall becoine effective upon the last date of signature below.
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BERTHA I.OVEI.AC:I?, President Ohio Board of Nursing
DATE
Case W 10-4636
Ohio B o a ~ d N$har$hg of
January 2 1,201I
17 Soi~tli Higli Stl.cet, Suite 400 * (:ol~~mhils, Ohio 43215-7410
,vww.,,~,usii,g.o~~io.gov -(614) 466-3947
NOTICE OF OPPORTUNITY FOR HEAFUNG

Cathy D. Sharpe, R.N. 26951 Zeman Ave. Euclid, ON 44123
30951 Lakeshore Blvd. Willowick,. OH, .44095 , , .

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Dear Ms. Sharpe:

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in accordance with Cllapter 119, Ohio Revised Code (C'oRC), you are !~ew.ebg notified that tile : Ohio Board of Nursing (Board) proposes i!nde,r authority of Section 4723.28, ORC, to deny; permanently revoke, revoke, suspentl or place restrictions on your license lo pradtice nl~rsing a ' as ~egisterednurse; reprimand or otherwise discipline yoti; or. inlpose a fine of tiot more tha11:five hundred dollars ($500.00) per violation for tile followi~ig reasons: 16,2010, you appeared approximately one llour late for your 7 p.m. nursing work assignment at Medine Hospital in Medina, Oliio. In addition to appearing for work late, hospital employees and your supervisor, the Nursing Operations Manager, reported that they smelled alcohol on your breath and were suspicious of yonr bellavior and you were ordered to take an alcohol breatl, test. The alcollol test providecl a level of .202 G/210L, at 9:21 ]).in Basetl on tliese facts, you were found impaired in your ability to practice according to acceptable and prevailing standards of safe nursing care because of excessive use of alcoliol arid not permitted to care for patients. Yo11 remained at the facility in tile ER waiting area under the supervisio~i of a Medi~ra County Sheriff until apl>roximately 6 3 0 a..in 011 October 17, 2010, when you tested ,068 G1210L and were pertnitted to drive llome.
Oil 'oroljot~t October'
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Section 47232S(B)(10), ORC, autllorizes the Board to discipline a licensee for impairment of the ability to practice according to ncceptable and prevailing standards of safe nursing care because or of habitlial or excessive use of dtugs, alcol~ol, otllel. chemical substances that impair tile ability to practice.
Cathy D. Sharpe, R.N Page 2 Accordingly, the Board is authorized to impose o11e or more of tlie sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing on this matter if you wish to request such bearing, tlie request must be made in writing and n~ust received in tlie Board office within thirty (30) days of the time of mailing this notice. be informed that if you timely request a hearing, you are entitled to appear at You are hereby fi~rtl~er sucli hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present yoti position, argument, or contentions in writing At tile hearing you tilay also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, i n addition to any other correspondence regarding this matter to: Lisa Ferguson-Rnmos, Complimce Unit Manager, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, iiei~ring@nursing.oRio.gov. If'the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of t l ~ iacturti and legal t allegations set forth in the Notice of'opporttinity f. Hearing, deny, permanently revolte., w o k e , . i suspend or place restrictiolrs or] your license to practice nursing as a registered nurse; reprimand or. otherwise disa:ipline you; or impose a fine ,of not more tha!? five hundred tlolla?s ($500:0i3):per ... , viblation. z , ' : . ' , ! . , .. , ,, .:. . , , , , . ,Siricerk~j, , . . . ,. . . : . . , . . .
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Jildith A; Church, R.N., N.P: Supervising Board Member
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Address lil Certified Mail Receipt No. 7010 1870 0002 0349 6109 Address 82 Certified Mail Receipt No. 7010 1870 0002 0349 61 l G
cc:
Melissa L.. Wilburo, Assistant Attorney General
Case# 12-001247
May 18, 2012

Natasha R. Shields, L.P.N. 3097 Westwood Northern Blvd. Cincinnati, Ohio 45211 Dear Ms. Shields: You are hereby notified that, on or about May 21, 2010, you entered into an Addendum to Consent Agreement (May 2010 Addendum) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a licensed practical nurse in the State of Ohio would be subject to additional probationary terms, conditions and limitations, in addition to the terms, conditions and limitations set forth in the July 2008 Consent Agreement. Attached to and incorporated within the May 2010 Addendum is a Consent Agreement entered into between you and the Board on July 18, 2008 (July 2008 Consent Agreement), in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations until at least July 2009. A. Item 2. of the July 2008 Consent Agreement states, MS. SHIELDS shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Despite this provision, on or about March 22, 2012, you failed to appear at the Boards office for your scheduled personal interview with your Board Monitoring Agent. Per your requests, this personal interview was rescheduled three times. You were sent a letter dated March 8, 2012, to your address of record notifying you of this third rescheduled personal interview. B. Item 8. of the July 2008 Consent Agreement states, MS. SHIELDS shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. Item 13. of the July 2008 Consent Agreement states, MS. SHIELDS shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number. On or about January 11, 2012, you were terminated from nursing employment at Woods Edge Pointe in Cincinnati, Ohio. Despite these provisions, as of May 14,
Natasha R. Shields, L.P.N. Page 2 2012, you have failed to submit a statement to the Board regarding your termination from Woods Edge Pointe as requested by you Compliance Agent on January 17, 2012. Furthermore, as of May 14, 2012, you have failed to submit a change of employment status, in writing, to the Board. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the May 2010 Addendum and the July 2008 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 2., 8. and 13. of the July 2008 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-130830, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a licensed practical nurse without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about May 21, 2010, you entered into an Addendum to Consent Agreement (May 2010 Addendum) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that your license to practice nursing as a licensed practical nurse in the State of Ohio would be subject to additional probationary terms, conditions and limitations, in addition to the terms, conditions and limitations set forth in the July 2008 Consent Agreement. Attached to and incorporated within the May 2010 Addendum is a Consent Agreement entered into between you and the Board on July 18, 2008 (July 2008 Consent Agreement), in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations until at least July 2009. 2. Item 2. of the July 2008 Consent Agreement states, MS. SHIELDS shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee. Despite this provision, on or about March 22, 2012, you failed to appear at the Boards office for your scheduled personal interview with your Board Monitoring
Natasha R. Shields, L.P.N. Page 3 Agent. Per your requests, this personal interview was rescheduled three times. You were sent a letter dated March 8, 2012, to your address of record notifying you of this third rescheduled personal interview. 3. Item 8. of the July 2008 Consent Agreement states, MS. SHIELDS shall submit any and all information that the Board may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice. Item 13. of the July 2008 Consent Agreement states, MS. SHIELDS shall inform the Board within five (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number. On or about January 11, 2012, you were terminated from nursing employment at Woods Edge Pointe in Cincinnati, Ohio. Despite these provisions, as of May 14, 2012, you have failed to submit a statement to the Board regarding your termination from Woods Edge Pointe as requested by you Compliance Agent on January 17, 2012. Furthermore, as of May 14, 2012, you have failed to submit a change of employment status, in writing, to the Board. Section 4723.28(B)(17), Ohio Revised Code, ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a
Natasha R. Shields, L.P.N. Page 4 licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #09-5599
Ohio Board o f Nursing .

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Columbus, 0hio 43215-7410 * (614) 466-3947
ADDENDUM TO CONSENT AGREEMENT BETWEEN NATASHA R. SHIELDS, L.P.N. AND OHIO BOARD OF NURSING
This Addendum to the Consent Agreement (Addendum) is entered into by and between NATASHA R. SMELDS, L.P.N. (MS. SHIELDS) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all adminis'zative rules promulgated thereunder.
MS. SHIELDS voluntarily enters into this Addendum being fully informed of her rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein
BASIS FOR ACTION

This Addendum is entered into on the basis of the following stipulations, admissions and understandings: A. The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee who violates any restrictions placed on a nursing license by the Board.
B.
C.
MS. SHIELDS has been licensed to practice nursing as a licensed practical nurse, PN-130830, in the State of Ohio since July 2008.
MS. SHIELDS knowingly and voluntarily admits to the following:

1. On or about July 18, 2008, MS. SHIELDS entered into a Consent Agreement with the Board (July 2008 Consent Agreement) under which MS. SHIELDS was granted a license to practice nursing as a licensed practical nurse and MS. SHIELDS'S license was subject to probationary terms, conditions, and limitations until at least July 2009. A copy of the July 2008 Consent Agreement is attached hereto and incorporated herein.
Natasha R. Shields, L.P.N. Page 2 Item 3. of her July 2008 Consent Agreement states, "MS. SHIELDS shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing education by January 1, 2009: two (2) hours of Ohio nursing law and rules and four (4) hours of Ethics."
2.
3.
MS. S m L D S failed to submit documentation of her successful

completion of two (2) hours of Ohio nursing law and rules and four (4) hours of Ethics continuing education as required by her July 2008 Consent Agreement until May 5,2010.
4.
Item 13. of her July 2008 Consent Agreement states, "MS. S m L D S shall inform the Board within (5) business days, in writing, of any change in employment status or of any change in residential or home address or telephone number."
5.
In or around May 2009, MS. SHIELDS left her nursing position at

Hartland of Oak Pavilion in Cincinnati, Ohio, but failed to submit this change of employment to the Board, in writing, until November 10,2009.
6.
On August 18, 2009, MS. SHIELDS accepted a new nursing position at Liberty Nursing Center of Riverside (Liberty Nursing Center) in Cincinnati, Ohio, but failed to submit this change of employment to the Board, in writing, until November 10,2009. On or about September 3, 2009, MS. SHIELDS accepted another nursing position at Harrison Pavilion in Cincinnati, Ohio, but failed to submit this change of employment to the Board, in writing, until November 10,2009.
7.
8.
MS. SHIELDS reported that she was experiencing severe personal and financial problems which led to her non-compliance.
On or about December 9,2009, MS. SHIELDS was terminated from Liberty Nursing Center for attendance issues, but failed to submit this change of employment to the Board, in writing, until May 5. 2010.
9.
10. On or about January 15, 2010, MS. SHIELDS was terminated from Hanison Pavilion, but failed to submit this change of employment to the Board, in writing, until May 5.2010.
Natasha R. Shields, L.P.N. Page 3
11. MS. SHIELDS is willing to cooperate with the Board to resolve the issues described herein and acknowledges that she is fully responsible for each and every obligation imposed by this Addendum and the attached July 2008 Consent Agreement. MS. SHIELDS understands that further noncompliance with this Addendum or the attached July 2008 Consent Agreement may result in permanent revocation of her nursing license.
AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MS. SHIELDS knowingly and voluntarily agrees with the Board to the following terms, conditions and limitations, in addition to the terms, conditions, limitations setforth in the July 2008 Consent Agreement
1 .
MS. SHIELDS'S license to practice nursing as a licensed practical nurse is hereby subject to a ONE (1) YEAR extension of the PROBATIONARY terms, conditions, and limitations set forth in the July 2008 Consent Agreement until at least May 2011.
2.
In addition to the requirements in Item 5 on Page 3 of the July 2008 Consent Agreement, MS. SHIELDS shall provide a copy of this Addendum and the attached July 2008 Consent Agreement to her current employer(s) within fifteen (15) days of the effective date of this Addendum. Prior to accepting any position for which a nursing license is required, MS. SHIELDS shall provide a copy of this Addendum and the attached July 2008 Consent Agreement to her employer(s). Within thirty (30) days of accepting nursing employment, MS. S D L D S shall have her employer(s) send documentation to the Board of receipt of this Addendum, including the date the Addendum was received.
FAILURE TO COMPLY
MS. S D L D S agrees that her license to practice nursing as a licensed practical nurse will be automatically suspended if it appears to the Board that MS. S D L D S has violated or breached any terms or conditions of this Addendum or the attached July 2008 Consent Agreement. Following the automatic suspension, the Board shall notify MS. SHIELDS via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. SHIELDS may request a hearing regarding the charges.
The above described terms and conditions shall constitute "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. Lf, in the discretion of the Board, MS. SHIELDS appears to have violated or breached any terms or conditions of this Addendum or the attached July 2008 Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged
Natasha R. Shields, L.P.N. Page 4 violations of the laws of Ohio occurring before the effective date of this Addendum to the Consent Agreement

The terms, limitations, and conditions of this Addendum and the attached July 2008 Consent Agreement, may be modified or terminated, in writing, at any time upon the agreement of both MS. SHIELDS and the Board. The Board may only alter the probationary period imposed by this Addendum and the July 2008 Consent Agreement if: (1) the Board determines that MS. SHIELDS has complied with all aspects of this Addendum and the July 2008 Consent Agreement; and (2) the Board determines that MS. SHIELDS is able to practice according to acceptable and prevailing standards of safe nursing care without Board monitoring, based upon an interview with MS. SHIELDS and review of the reports as required herein. Any period during which MS. SHIELDS does not work in a position for which a nursing license is required shall not count toward fulfilling the probationary period imposed by this Addendum and by the July 2008 Consent Agreement.
ACKNOmEDGMENTSLIABILITY RELEASE Except for the modifications noted above, a l terms and conditions of the July 2008 Consent l Agreement remain in effect.
MS. SHIELDS acknowledges that she has had an opportunity to ask questions concerning the
terms of this Addendum and that all questions asked have been answered in a satisfactory manner.
MS. SHIELDS waives all of her rights under Chapter 119, ORC, are the subject of this Addendum.
they relate to matters that
MS. SHIELDS waives any and all claims or causes of action she may have against the Board,
and its members, officers, employees andlor agents arising out of matters, which are the subject of this Addendum. This Addendum shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies. This Addendum is not an adjudication order as discussed in Chapter 119, ORC. Any action initiated by the Board based on alleged violations of this Addendum shall comply with the Administrative Procedures Act, Chapter 119, ORC.
Natasha R. Shields, L.P.N. Page 5
EFFECTIVE DATE
MS. SHIELDS understands that this Addendum is subject to rafification by the Board prior to
signature by the Board President and shall become effective upon the last date of signature below.
NATASHA R. SHIELDS, L.P.N.
DATE
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Case R7-3934

17 South High S k r l , Suite400
www.nursing.ohio.gov
(614) 466-3947
CONSENT AGREEMENT BETWEEN NATASHA R. SHIELDS, L.P.N. APPLICANT AND OHIO BOARD OF NURSING
This Consent Ageement is entered into by and between NATASHA R. SHIELDS, L.P.N. APPLICANT (MS. SHIELDS) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and ail administrative rules promulgated thereunder. MS. SHIELDS voluntarily enters into this Consent Agreement being fully informed of her rights under Chapter 119, ORC, including the tight to representation by legal counsel and the right to a formal adjudicative hearing on the issues considered herein. This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this 'Consent Agreement. BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, admissions and understandings:
A.
The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or othenvise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 4723.28(B)(4), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for a conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or m o d turpitude. On or about March 5, 2008, MS. SHIELDS submitted to the Board an Application for Licensure by Examination to Pnctice in Ohio as a Licensed Practical Nurse.
B.
Natasha R Shields, L.P.N. Applicant Page 2
C.
MS. SHIELDS knowingly and voluntarily admits to the following: In Hamilton County Municipal Court, MS. SHIELDS was convicted of misdemeanor Falsification in 1998. In MS. SHIELDS'S statement to the Board, she indicated that in 1998, she was convicted of misdemeanor Falsification in Case No. 98CRB2806 because MS. SHIELDS gave a police officer a fake ID and a fake social security number to avoid arrest because she was driving a vehicle and had not obtained a driver's license.
D .
MS. SHIELDS was permitted to take the NCLEX-PN, and on or about June 3,2008, MS. SHIELDS passed the NCLEX-PN.
AGREED CONDITIONS
Wherefore, in consideration of the foregoing and muhld promises hereinafter set fob, and in lieu of any formal proceedings at this time, MS. SHIELDS knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: Upon meeting the requirements for iicensure, MS. SHIELDS shall be granted a license to practice nursing as a licensed practical nurse in the State of Ohio. MS. SHIELDS'S license to practice nursing as a licensed practical nurse slialll be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations until at least July 2009:
1 .
MS. SHIELDS shall obey all federal, state, and local laws, and all laws
and rules governing the practice of nursing in Ohio. MS. SHIELDS shall appear in person for interviews before the full Board or its desisated representative as requested by the Board or its designee. MS. SHIELDS shall, in addition to the requirements of iicensure renewal, successfully complete and submit satisfactory documentation of successful completion of the following continuing education by January 1,2009: two (2) hours of Ohio nursing law and rules and four (4) hours of Ethics.
2.
3.
4.
Prior to accepting employment as a nurse, each time with every employer, MS. SHIELDS shall notify the Board.
Natasha R. Shields, L.P.N. Applicant Page 3
5.
Prior to working in a position in which a nursing license is required, MS. SHIELDS shall provide her employer(s) with a copy of this Consent Agreement. Further, MS. SHlELDS is under a continuing duty to provide a copy of this Consent Agreement to any new employer prior to accepting employment in a position in which a nursing license is required. MS. SHIELDS shall have her employer(s), if working in a position where a nursing license is required, submit written reports regarding job pelformance on a quarterly basis , beginning September 1 2008. MS. SHIELDS shall have her employer(s) send documentation to the Board, along with the first empioyer report, of receipt of a copy of this Consent Agreemenf including the date the Consent Agreement was received.

6.
MS. SHlELDS shall report to the Board, in writing, any violation of

this Consent Agreement within thirty (30) days of the occurrence of the violation.
7.
MS. SHIELDS shall s i release of information forms allowing health ~

8.
MS. SHIELDS shall submit any and all information that the Board
may request regarding her ability to practice according to acceptable and prevailing standards of safe nursing practice.
9.
MS. SHIELDS shall not submit or cause to be submitted any false,

misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers.
10.
MS. SHIELDS shall submit the reports and documentation required by

this Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board.
11.
MS. SHIELDS shaII submit the reports and documentation required by

this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 43215-7410.
12.
MS, SHIELDS shall verify that the reports and documentation required by this Consent Agreement are received in the Board office.
Natasha R. Shields, L.P.N. Applicant Page 4
13.
MS. SHIELDS shall inform the Board within five (5) business days, in
Tem~orarv Practice Resb-ietions
MS. SHIELDS shall not practice nursing as a licensed practical nurse (I) for agencies
providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's residence; (3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an individual or group of individuals who directly engage MS. SHIELDS to provide nursing services for fees, compensation, or other consideration or as a volunteer.
MS. SHIELDS shall not function in a position or employment where the job duties or
requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice. Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing..
FAILURE T O COMPLY MS. SHIELDS agrees that her license to practice nursing as a licensed practical nurse will be automatically suspended if it appears to the Board that MS. SHIELDS has
violated or breached any terms or conditions of the Consent Agreement. follow in^ the automatic suspension, the Board shall notify MS. SHIELDS via certified mail of the specific nature of the charges and automatic suspension of her license. Upon receipt of this notice, MS. SHIELDS may request a hearing regarding the charges. The above described terms and conditions shall constiktte "restrictions placed on a license" for purposes of Section 4723.28(B), ORC. If, in the discretion of the Board, MS. SHIELDS appears to have violated or breached any terms or conditions of this Consent Agreemene, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaches, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement
DURATION1 MODIFICATION O F TERMS

The terms, limitations, and conditions, of this Consent Agreement, may be modified or terminated, in writing, at any time upon the agreement of both MS. SHIELDS and the Board.
Nalasha k Shieids, L.P.N. Applicant .Page S
I.
::.
T h e Board may only alter tbe probationary perip;i,imposedby this Consent Agreement if: (1) the Baard determines that MS. SHIELD;S,,!has complied wirh dl ape& a Ws Cansent Agreement; and (2)the Board determine&that NIS. SHIELDS is able to practice w r d i n g to acceptable and prevailing stan&& of safe nursing care dthout Board monitoring, based upon an interview with MS! jBHlELDS and review of ths repom as required here{= Any pwicd d\ning which 9 2 fZiB%DS dces not work in a posifion far which a nuraing license is required shall not]count toward fulfining the probationary period irnpcsed by this Consem Agreement ( j 11: MS. SHIELDS &owledges that she bas1 $ad lad opportunity to ask q h o o s concerning the terms of this Consent A g m y a ;and that all questions asked bar; been answered in a salisE~~tory manner. I !
,
MS. m L D S waives al of her rights under &?:pttr 119, ORC,asthey relate t matters l o that are thc subject o t i Consem A p m e n t j f hs
1 j &ISSHIELDS waives any and all claim or c3mges of artion she may have against tiie Board. and i@members, officers, empIayees qdllor age& srisinlg out of matters, which 1 are the subjezt o this Consent Agreameat f
This C o ~ Ar m e a r shall
Section 149.43, ORC.
be considered 9 ;public record as that term is used in

I .
Ths information wntaine~l herein may bs repo~ted appropriare to organizations,data banh and governmend ME!&. ! This Conspnt Agreement 16 not an adjudication wder as discussed in Chapter 119,ORC. Any action initiated by the Board based on allega~tfviolations of this Consent Apreement shall aornply with the Adminizkatjvc Pe r* o J~c?, Ch~hapter 1 , 1 9 ORC.
'
II
MS. SAlELDS understands r h t this Consent Agreement is subject to mtifieation by the Board prior lo signature by rhe Board b i d e n i a~nd shall -me effective rrpon the last dam o f s ~ g n a t u n ~ w / ~ / d
N A T A S R S&EJ&, ~ .
LPS.A P P U C ~ ! !
7-//. fl rDATE
LJSA ~~, Prtsident Ohio Baard of ~ t m s h g
DATE
7-18- 0 8
Cases # 12-001282, 11-001967, 10-3752
May 18, 2012

Terese Marie Snodgrass, R.N. 15180 Lake Ave. Middlefield, Ohio 44062 Dear Ms. Snodgrass: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28 ORC, to deny your request for reinstatement, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. As set forth in Attachment A, while working as a nurse at Kindred Hospital in Cleveland, Ohio, your documentation failed to account for the narcotics you removed from the medication dispenser, and failed to timely document the disposition of narcotics withdrawn. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-03(B), Ohio Administrative Code (OAC), states that a registered nurse shall maintain current knowledge of the duties, responsibilities, and accountabilities for safe nursing practice. Rule 4723-4-06(E), OAC, states that a licensed nurse shall, in a complete, accurate, and timely manner, report and document nursing assessments or observations, the care provided by the nurse for the client, and the client's response to that care. Rule 4723-4-06(H), OAC, states that a licensed nurse shall implement measures to promote a safe environment for each client. 2. As set forth in Attachment B, while working as a nurse at University Hospitals, Bedford Medical Center, Bedford, Ohio, you withdrew narcotics without physician orders, documented the administration of narcotics in violation of physician orders, failed to document the administration of narcotics, and failed to timely document the disposition of narcotics withdrawn. Section 4723.28(B)(19), ORC, authorizes the Board to discipline a licensee for failure to practice in accordance with acceptable and prevailing standards of safe nursing care. Section 4723.28(B)(20), ORC, authorizes the Board to discipline a licensee for, in the case of a
Terese Marie Snodgrass, R.N. Page 2 registered nurse, engaging in activities that exceed the practice of nursing as a registered nurse. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-03(B), OAC, states that a registered nurse shall maintain current knowledge of the duties, responsibilities, and accountabilities for safe nursing practice. Rule 4723-4-06(E), OAC, states that a licensed nurse shall, in a complete, accurate, and timely manner, report and document nursing assessments or observations, the care provided by the nurse for the client, and the client's response to that care. Rule 4723-4-06(H), OAC, states that a licensed nurse shall implement measures to promote a safe environment for each client. Accordingly, the Board is authorized to impose one or more of the sanctions cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing, you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410 or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny your request for reinstatement, revoke, permanently revoke, suspend, or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Terese Marie Snodgrass, R.N. Page 3 Attachment A PATIENT # Patient 1 Physician Order Dilaudid (Hydromorphone) 7/3/10 2 mg. every 2 hours as needed 100 mg. continuous infusion Medication Withdrawal Dilaudid (Hydromorphone) 7/3/10 2 mg. at 16:52 None MAR No waste. 2 mg. unaccounted for. Comments
Patient 1
Dilaudid (Hydromorphone) 7/17/10 2 mg. every 2 hours as needed 100 ml. 6 mg. every hour, continuous infusion Dilaudid (Hydromorphone) 7/22/10 2 mg. every 3 hours as needed Dilaudid (Hydromorphone) 7/12/10 2 mg. every 4 hours as needed 4mg. daily 8 mg. every 4 hours as needed
Dilaudid (Hydromorphone) 7/17/10 4 mg. at 8:13
None
2 mg. wasted. 2 mg. unaccounted for.
Patient 2
Dilaudid (Hydromorphone) 7/22/10 2 mg. at 1:14 7:44 Dilaudid (Hydromorphone) 7/12/10 2 mg. at 7:39 17:19
None
No waste. 4 mg. unaccounted for.
Patient 3
The 7:39 withdrawal is not noted as wasted until 18:44 N/A (waste at 18:44) 17:00 The 17:19 dose was documented as administered prior to removal. Nurse J.P. notes at 17:30 that patient crying in pain because did not receive 17:00 dose.
Terese Marie Snodgrass, R.N. Page 4
Patient 4
Dilaudid (Hydromorphone) 7/11/10 1 mg. IV every 6 hours as needed 2 mg. by mouth every 6 hours
Dilaudid (Hydromorphone) 7/11/10 4 mg. at 10:07
None
Wasted 3 mg. at 10:07 1 mg. unaccounted for.
Patient 5
Dilaudid (Hydromorphone) 7/25/10 0.2 mg. IV every 3 hours as needed
Dilaudid (Hydromorphone) 7/25/10 2 mg. at : 14:06 17:42
No waste. 0.2 mg. at: 14:06 0.2 mg. at 17:50 3.6 mg. unaccounted for.
Terese Marie Snodgrass, R.N. Page 5 Attachment B PATIENT # Patient 6 None Physician Order Medication Withdrawal Dilaudid (Hydromorphone) 5/10/11 4 mg. at : 10:06 PM 11:34 PM Dilaudid (Hydromorphone) 5/6/11 1:30 AM 4mg. 1:54 AM 2mg. 2:15 AM 2mg. 5:38 AM 2mg. 5:45 AM 2mg. 6:32 AM 2mg. None MAR No waste. 8 mg. unaccounted for. Comments
Patient 7
Dilaudid (Hydromorphone) 5/6/11 1-2 mg. every 4 hours as needed one time order for 0.2 mg. IV push 6:22 AM, one time order entered for 2mg. IV push
3 mg. wasted at 7:39 AM. 7 mg. unaccounted for. 2:15 AM 2 mg. 6:15 AM 2 mg.
Patient 7
Dilaudid (Hydromorphone) 5/8/11 & 5/9/11 1-2 mg. every 4 hours as needed
Dilaudid (Hydromorphone) 5/8/11 7:28 PM 4 mg. 8:10 PM 2 mg. 11:13 PM 2 mg. 5/9/11 12:10 AM 2 mg. 12:39 AM 2 mg. 2:48 AM 2 mg. 4:12 AM 2 mg.
9 mg. wasted at 6:19 and 6:20 AM. 3 mg. unaccounted for. 8:30 PM 2 mg. Withdrawals made too early.
7:55 AM 2 mg.
Terese Marie Snodgrass, R.N. Page 6 Patient 7 Dilaudid (Hydromorphone) 5/9/11 1-2 mg. every 4 hours as needed Dilaudid (Hydromorphone) 5/9/11 7:33 PM 2 mg. 7:47 PM 2 mg. 11:06 PM 2 mg. 11:38 PM 2 mg. 5/10/11 1:47 AM 2 mg. 6:38 AM 2 mg. Patient 8 None Dilaudid (Hydromorphone) 5/8/11 9:23 PM 2 mg. 5/9/11 6:35 AM 2 mg. Dilaudid (Hydromorphone) 5/9/11 9:01 PM 2 mg. 5/10/11 12:44 AM 2 mg. 2:31 AM 2 mg. 7:07 AM 2 mg. 5 mg. wasted during night shift of 5/9/11 to 5/10/11 at 7:04 AM to 7:06 AM. 4 mg. unaccounted for. Withdrawals made too early.
3:00 AM 1 mg. 7:21 AM 2 mg. None No waste. 4 mg. unaccounted for.
Patient 8
Dilaudid (Hydromorphone) 5/9/11 9:00 PM, one time order entered for 1mg. IV push 5/10/11 3:06 AM, 1 mg. every 4 hours as needed
None
2 mg. wasted on 5/10/11 at 7:09 AM 6 mg. unaccounted for.
Terese Marie Snodgrass, R.N. Page 7 Patient 9 Dilaudid (Hydromorphone) 5/1/11 at 5:59 AM 1 mg. every 2 hours as needed one time order entered for 2mg. IV push Dilaudid (Hydromorphone) 5/1/11 4:51 AM 2 mg. 5:26 AM 2 mg. 6:55 AM 2 mg. 7:31 AM 2 mg.
1 mg. wasted at 7:09 AM. 5:00 AM 1 mg. 5:30 AM 2 mg. 4 mg. unaccounted for. Doses removed too soon.
Patient 9
Dilaudid (Hydromorphone) 5/1/11 1 mg. every 2 hours as needed
Dilaudid (Hydromorphone) 5/1/11 7:36 PM 2 mg. 7:48 PM 2 mg. 8:24 PM 2 mg. 9:58 PM 2 mg. 10:16 PM 2 mg. 5/2/11 12:36 AM 2 mg. 2:33 AM 2 mg. 4:07 AM 2 mg. 5:01 AM 4 mg. 6:06 AM 2 mg. 7:53 AM 4 mg.
10:16 PM 1 mg. 5/2/11 8.5 mg. wasted between 7:36 AM and 7:38 AM 5:01 AM 0.5 mg. 6:06 AM 2 mg. 6:24 AM 1 mg. 8:15 AM 2 mg. 2 mg. wasted at 8:40 AM 9 mg. unaccounted for. Doses removed too soon.
5/2/11 1-2 mg. every 2 hours as needed one time order entered for 0.5mg. IV push
Case# 12-001228
May 18, 2012

Ashley C. Snowberger, L.P.N. 999 Marietta Drive Painesville, Ohio 44077 Dear Ms. Snowberger: You are hereby notified that, on or about September 23, 2011, you entered into a Consent Agreement (September 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least two (2) years. A. You were issued a license to practice nursing as a licensed practical nurse in the State of Ohio on September 29, 2011. B. Item 1. of the September 2011 Consent Agreement states, MS. SNOWBERGER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Despite this provision, on or about February 29, 2012, in Mentor Municipal Court Case No. 11 CRB 01421, you pled guilty to and were convicted of one (1) count of Complicity to Theft, a first-degree misdemeanor, in violation of 2923.03, Ohio Revised Code. The underlying facts of your conviction involve you aiding and abetting another person in the offense of theft. C. Item 7. of the September 2011 Consent Agreement states, Within sixty (60) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. SNOWBERGER shall submit, at her expense and on the day selected, hair, blood or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. SNOWBERGER shall be negative, except for substances prescribed,
Ashley C. Snowberger, L.P.N. Page 2 administered, or dispensed to her by another so authorized by law who has full knowledge of MS. SNOWBERGERs history. Despite this provision, on the following dates, you failed to call FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis: December 2, 2011; December 10, 2011; December 20, 2011; January 12-16, 2012; February 7-8, 2012; February 11-29, 2012; March 1-31, 2012; and April 1-12, 2012. Furthermore, on the following dates, you were selected to provide a urine specimen for analysis and failed to do so: February 28, 2012; March 21, 2012; March 23, 2012; and April 3, 2012. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the September 2011 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 1. and 7. of the September 2011 Consent Agreement. YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-146311, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a licensed practical nurse without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about September 23, 2011, you entered into a Consent Agreement (September 2011 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations for a minimum period of at least two (2) years. 2. You were issued a license to practice nursing as a licensed practical nurse in the State of Ohio on September 29, 2011.
Ashley C. Snowberger, L.P.N. Page 3 3. Item 1. of the September 2011 Consent Agreement states, MS. SNOWBERGER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Despite this provision, on or about February 29, 2012, in Mentor Municipal Court Case No. 11 CRB 01421, you pled guilty to and were convicted of one (1) count of Complicity to Theft, a first-degree misdemeanor, in violation of 2923.03, Ohio Revised Code. The underlying facts of your conviction involve you aiding and abetting another person in the offense of theft. 4. Item 7. of the September 2011 Consent Agreement states, Within sixty (60) days of the effective date of this Consent Agreement and continuing throughout the probationary period, MS. SNOWBERGER shall submit, at her expense and on the day selected, hair, blood or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Refusal to submit such specimen, or failure to submit such specimen on the day she is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MS. SNOWBERGER shall be negative, except for substances prescribed, administered, or dispensed to her by another so authorized by law who has full knowledge of MS. SNOWBERGERs history. Despite this provision, on the following dates, you failed to call FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis: December 2, 2011; December 10, 2011; December 20, 2011; January 12-16, 2012; February 7-8, 2012; February 11-29, 2012; March 1-31, 2012; and April 1-12, 2012. Furthermore, on the following dates, you were selected to provide a urine specimen for analysis and failed to do so: February 28, 2012; March 21, 2012; March 23, 2012; and April 3, 2012. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to
Ashley C. Snowberger, L.P.N. Page 4 practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #11-003088
May 18, 2012

Susan A. Speaker, R.N. 2348 Overbrook Ave. Wheeling, WV 26003 Dear Ms. Speaker: In accordance with Chapter 119, Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about July 27, 2011, while working as a nurse at the East Ohio Regional Hospital, Martins Ferry, Ohio, you submitted a urine specimen that tested positive for Clonazepam. Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for self-administering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov.
Susan A. Speaker, R.N. Page 2 If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #11-002691
May 18, 2012

Maureen R. Stith, R.N. 641 Prior Pk Drive Cuyahoga Falls, Ohio 44223 Dear Ms. Stith: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about February 1, 2012, in Summit County Court of Common Pleas Case Number CR 2011-09-2480, you pled guilty to three (3) counts of Illegal Processing of Drug Documents, felonies of the fourth degree, in violation of Section 2925.23(A), ORC; and three (3) counts of Theft of Drugs, felonies of the fourth degree, in violation of Section 2913.02(A)(1)/(2)/(3), ORC, and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Illegal Processing of Drug Documents, felonies of the fourth degree, in violation of Section 2925.23(A), ORC; and Theft of Drugs, felonies of the fourth degree, in violation of Section 2913.02(A)(1)/(2)/(3), ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-113349, IS HEREBY SUSPENDED. Continued practice after receipt of this
Maureen R. Stith, R.N. Page 2 notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about February 1, 2012, in Summit County Court of Common Pleas Case Number CR 2011-09-2480, you pled guilty to three (3) counts of Illegal Processing of Drug Documents, felonies of the fourth degree, in violation of Section 2925.23(A), ORC; and three (3) counts of Theft of Drugs, felonies of the fourth degree, in violation of Section 2913.02(A)(1)/(2)/(3), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred in or about February 2011, March 2011, and June 2011, and involve you making a false statement in any prescription, order, report, or record involving Hydromorphone (Dilaudid). Further acts underlying this case involve you obtaining Hydromorphone (Dilaudid) without the consent of Akron General Medical Center or person authorized to give consent, and/or beyond the scope of consent, and/or by deception. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about July 21, 2011, you admitted to a Board Compliance Agent that while working as a nurse at Akron General Medical Center, you diverted Hydromorphone for your own consumption and self-injected the drug via IM route. On or about August 2, 2011, you met with the Compliance Agent and submitted a written statement acknowledging three (3) specific instances in which you diverted Hydromorphone for your own consumption.
Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for
Maureen R. Stith, R.N. Page 3 obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Certified Mail Receipt No. 7011 2970 0003 1733 4446 Attorney Certified Mail Receipt 7011 2970 0003 1733 4453 cc: Henry G. Appel, Assistant Attorney General Richard A. Cline, Esq.
Case# 11-002743
May 18, 2012

Nicholas G. Taflinger, L.P.N. 816 East Kibby Street Lima, Ohio 45804 and 4661 McClain Road Lima, Ohio 45807 Dear Mr. Taflinger: You are hereby notified that, on or about March 19, 2010, you entered into a Consent Agreement (March 2010 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations until at least March 2011. A. You were issued a license to practice nursing as a licensed practical nurse in the State of Ohio on March 22, 2010. B. Item 1. of the March 2010 Consent Agreement states, MR. TAFLINGER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Despite this provision, on or about June 29, 2011, in Lima Municipal Court Case No. 10CRB02473A2, you pled guilty to and were convicted of one (1) count of Persistent Disorderly Conduct, a four-degree misdemeanor, in violation of 2917.11(A)(2), Ohio Revised Code. The underlying facts of your conviction occurred on or about August 15, 2010, and involve you recklessly causing inconvenience, annoyance or alarm to another through your conduct. The Lima Police Department Post Incident Investigation Report indicates that the acts involved an altercation in the parking lot of a bar. C. Item 6. of the March 2010 Consent Agreement states, Upon request by the Board or its designee and within sixty (60) days of such a request, MR. TAFLINGER shall begin to submit, at his expense and on the day selected, blood or urine specimens for drug and/or alcohol analysis at a collection site
Nicholas G. Taflinger, L.P.N. Page 2 specified by the Board at such times as the Board may request. Upon the initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day MR. TAFLINGER is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening shall require a daily call-in process. The specimens submitted by MR. TAFLINGER shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law. You were sent a letter dated September 30, 2011, from a Board Monitoring Agent requesting that you begin drug screening within sixty (60) days of the request. Despite this provision, as of April 23, 2012, you have failed to register with FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis. D. Item 7. of the March 2010 Consent Agreement states, Upon request by the Board or its designee and within sixty (60) days of such a request, MR. TAFLINGER shall, at his own expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MR. TAFLINGER shall provide the chemical dependency professional with a copy of this Consent Agreement. Further, MR. TAFLINGER shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MR. TAFLINGERs license to practice, and stating whether MR. TAFLINGER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. You were sent a letter dated September 30, 2011, from a Board Monitoring Agent requesting that you obtain a chemical dependency evaluation and submit documentation of the completed evaluation to the Board within sixty (60) days of the request. Despite this provision, as of April 23, 2012, you have failed to submit documentation of a completed chemical dependency evaluation to the Board. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. In accordance with the paragraph under FAILURE TO COMPLY of the March 2010 Consent Agreement, you are hereby notified that it appears to the Board that you have violated Items 1., 6. and 7. of the March 2010 Consent Agreement.
Nicholas G. Taflinger, L.P.N. Page 3 YOU ARE FURTHER NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-139073, IS HEREBY AUTOMATICALLY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing as a licensed practical nurse without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 19, 2010, you entered into a Consent Agreement (March 2010 Consent Agreement) with the Ohio Board of Nursing (Board), a copy of which is attached hereto and incorporated herein, in which you agreed with the Board that upon meeting the requirements for licensure, your license to practice nursing as a licensed practical nurse in the State of Ohio would be granted and suspended indefinitely and that such suspension would be stayed subject to probationary terms, conditions, and limitations until at least March 2011. 2. You were issued a license to practice nursing as a licensed practical nurse in the State of Ohio on March 22, 2010. 3. Item 1. of the March 2010 Consent Agreement states, MR. TAFLINGER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. Despite this provision, on or about June 29, 2011, in Lima Municipal Court Case No. 10CRB02473A2, you pled guilty to and were convicted of one (1) count of Persistent Disorderly Conduct, a four-degree misdemeanor, in violation of 2917.11(A)(2), Ohio Revised Code. The underlying facts of your conviction occurred on or about August 15, 2010, and involve you recklessly causing inconvenience, annoyance or alarm to another through your conduct. The Lima Police Department Post Incident Investigation Report indicates that the acts involved an altercation in the parking lot of a bar. 4. Item 6. of the March 2010 Consent Agreement states, Upon request by the Board or its designee and within sixty (60) days of such a request, MR. TAFLINGER shall begin to submit, at his expense and on the day selected, blood or urine specimens for drug and/or alcohol analysis at a collection site specified by the Board at such times as the Board may request. Upon the initiation of drug screening, refusal to submit such specimen, or failure to submit such specimen on the day MR. TAFLINGER is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723.28(B), ORC. This screening
Nicholas G. Taflinger, L.P.N. Page 4 shall require a daily call-in process. The specimens submitted by MR. TAFLINGER shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law. You were sent a letter dated September 30, 2011, from a Board Monitoring Agent requesting that you begin drug screening within sixty (60) days of the request. Despite this provision, as of April 23, 2012, you have failed to register with FirstLab, the Boards random drug/alcohol screen program administrator, to determine if you had been selected to provide a specimen for analysis. 5. Item 7. of the March 2010 Consent Agreement states, Upon request by the Board or its designee and within sixty (60) days of such a request, MR. TAFLINGER shall, at his own expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, MR. TAFLINGER shall provide the chemical dependency professional with a copy of this Consent Agreement. Further, MR. TAFLINGER shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MR. TAFLINGERs license to practice, and stating whether MR. TAFLINGER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. You were sent a letter dated September 30, 2011, from a Board Monitoring Agent requesting that you obtain a chemical dependency evaluation and submit documentation of the completed evaluation to the Board within sixty (60) days of the request. Despite this provision, as of April 23, 2012, you have failed to submit documentation of a completed chemical dependency evaluation to the Board. Section 4723.28(B)(17), ORC, authorizes the Board to discipline a licensee for violation of any restrictions placed on a nursing license by the Board. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in
Nicholas G. Taflinger, L.P.N. Page 5 writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 432157410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Automatic Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 4477 Second Address Certified Mail Receipt No. 7011 2970 0003 1733 4484 cc: Henry G. Appel, Assistant Attorney General
Case B09-3950
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17 SO~IIII Slveet. Suile 400 Higll
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Coli~rnbus, Ohio 43215-7410 * (614) 466-3947
CONSENT AGREEMENT BETWEEN NICHOLAS G. TAFLINGER, L.P.N. APPLICANT AND OHIO BOARD OF NTJRSING
This Consent Agreement is entered into by and between NICHOLAS G. TAFLINGER, L.P.N. APPLICANT (MR. TAFLINGER) and the Ohio Board of Nursing (Board), the state agency charged with enforcing Chapter 4723. of the Ohio Revised Code (ORC), and all administrative rules promulgated thereunder. MR. TAFLINGER voluntarily enters into this Consent Agreement being fully infbrmed of his rights under Chapter 119, ORC, including the right to representation by legal counsel and the right to a fbrlnal adjudicative hearing on tlle issues considered herein, This Consent Agreement contains the entire agreement between the parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms of this Consent Agreement BASIS FOR ACTION This Consent Agreement is entered into on the basis of the following stipulations, atlmissions and understandings: A, The Board is empowered by Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend, or place restrictions on any license issued by the Board; reprimand or otherwise discipline a licensee; or impose a fine of five hundred dollars ($500.00) or less per violation. Section 472328(B)(4), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for a conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting froin a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of ally crime involving gross ilnmorality or moral turpitude MR. TAFLINGER submitted his initial Applicatioll to the Boartl for Licensure by Examination to Practice in Ohio as a L.icensed Practical Nurse on October 24, 2007 Further, on March 7, 2008, on June 13, 2008, on October 22, 2008, and on August 28, 2009, MR. TAFLINGER re-registered and submitted additional
Nicholas G. Taflinger, L.P.N. Applicant T.i.;..... m2 e
Applications for Licensure by Examination to Practice in Ohio as a Licensed Practical Nurse C,
MR. TAFLINGER knowingly and volt~ntarily admits to the following:

In 2007, in Franklin County Municipal Court, Ohio, MR. TAFLINGER pled guilty to and was convicted of one (1) amended misdemeanor count of Obstructing Official Business The acts underlying MR. TAFLINGER's conviction occurred, in September 2006 and involved his use of alcohol
D. E,
MR. TAFLINGER has no other criminal convictions. MR. TAFLINGER was permitted to take the NCLEX-PN, and on or about February 15, 2010, MR. TAFLINGER passed the NCLEX-PN. AGREED CONDITIONS
Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, MR. TAFLINGER knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: Upon meeting the requirements for licensure, MR. TAFLINGER shall be granted a license to practice nursing as a licensed practical nurse in the State of Ohio. MR. TAFLINGER's license to practice nursing as a licensed practical nurse shall be suspended indefinitely. Such suspension shall be stayed, subject to the following PROBATIONARY terms, conditions, and limitations until at least March 2011: 1.
MR. TAFLINGER shall obey all federal, state, and local laws, and all laws and rules governing the practice of nursing in Ohio. MR. TAFLINGER shall appear in person for interviews before the full Board or its designated representative as requested by the Board or its designee By May 1, 2010, MR. TAFLINGER shall, in addition to the requirements of licensure renewal, successfully complete and submit satisfactory documentation of successful completion of the followii~g continuing educatio~ltalcen subsequent 10 the effective date of this Consent Agreement: ten (10) hours of anger management
2.
'
---T-.-..,
Nicl~olasG . Taflinger, L.P.N Applicant age 3
Monitoring
4
MR. TAFLINGER shall abstain completely from the personal use or possession ot drugs, except those prescribed, administered, or dispensed to him by another so authorized by law who has full knowledge of MR. TAFLINGER's history MR. TAFLINGER shall self-administer prescribed drugs only in the manner prescribed MR. TAFLINGER shall abstain completely from the use of alcol~ol,if recommended by a chemical dependency professional in Paragraph 7 below. Upon request hy the Board or its designee and within sixty (60) days of such a request, MR. TAFLINGER sllall begin to submit, at llis expense and on tlie day selected, blood or urine specimens for drug andlor alcohol analysis at a collection site specified by the Board at such times as the Board may request Upon the initiation of drug screening, ref11sa1 to submit such specimen, or failure to submit such specimen on the day MR. TAFLINGER is selected, or in such a manner as the Board may request, shall constitute a violation of a restriction placed on a license for purposes of Section 4723 28(B), O R C This screening shall require a daily call-in process The specimens submitted by MR. TAFLINGER shall be negative, except for substances prescribed, administered, or dispensed to him by another so authorized by law
a. Witllin thirty (30) days prior to MR. TAFLINGER initiating drug screening, MR. TAFLINGER shall provide a copy of this Consent Agreement to all treating practitioners and shall provide to the Board a list of all treating practitioners, including adclresses and telephone numbers and cause all treating practitioners to complete a medication prescription report that is to be mailed by the practitioner directly to tlie Board. Tlie medication report is to be completed for any and all substances prescribed, administered, or dispensed to MR. TAFLINGER. After initiating drug screening, MR. TAFLINGER shall be under a continuing duty to provide a copy of this Consent Agreement, prior to initiating treatment, to additional treating practitioners, and to update the list of treating practitioners with the Board within forty-eight (48) hours of being treated by another practitioner Further, MR. TAFLINGER shall notify the Board of any and all medication(s) or prescription(s)
b.
Nicholas G . Taflinger, L P.,N.Applicant pg-ge 4

"""
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received within twenty-four (24) hours of release from hospitalization or medical treatment
IJpon request by the Board or its designee and within sixty (60) days of such a request, MR. TAFLINGER shall, at his own expense,
obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation Prior to the evaluation, MR. TAFLINGER sllall provide the chemical dependency professional wit11 a copy of this Consent Agreement Further, MR. TAFLINGER shall execute releases to permit the chemical depenclency professional to obtain any information deemed appropriate and necessary for the evaluation The professional sllall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on MR. TAFLINGER's license to practice, and stating whether MR. TAFLINGER is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care
If an evaluation is requested, MR. TAFLINGER shall provide the

Board with satisfactory documentation of compliance with all aspects of the treatment plan developed by the chemical dependency professional described above until released Further, MR. TAFLINGER agrees that the Board may utilize the professional's recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on MR. TAFLINGER's license ant1 that the terms, conditions, and limitations shall be incorporated in an addendum to this Consent Agreement
Employment Conditions 9.,

10
Prior to accepting employment as a nurse, each time with every employer, MR. TAFLINGER sl~all notify the Board.
MR. TAFLINGER is under a continuing duty to provide a copy of this Consent Agreement to any new employer prior to accepting employment in a position in wllich a nursing license is required. MR. TAFLINGER shall have his employer(s), if working in a position where a nursing license is required, submit written reports regarding job performance on a quarterly basis beginning Mag 1, 2010. MR. TAFLINGER shall have his employer(s) send documentation to the Board, along with the first employer report, of receipt of a copy of tllis Consent Agreement, including the date the Consent Agreement was received.
-"
Nicholas G. Taflinger., L.P.N. Applicant <Tg.6.S

11.
MR. TAFLINGER shall report to the Board, in writing, any violation of this Consent Agreement within thirty (30) days of the occurrence of the violation. MR. TAFLINGER sliall sign release of information forms allowing health professionals and other organizations to submit tlie requested documentation directly to the Boartl. MR. TAFLINGER sliall submit any and all information that the Board may request regarding his ability to practice according to acceptable and prevailing standards of safe nursing practice MR. TAFLINGER shall not submit or cause to be submitted any false, misleading, or deceptive statements, information, or documentation to the Board or to employers or potential employers. MR. TAFLINGER shall submit the reports and documentation required by this Consent Agreement on forms specified by the Board. All reporting and communications required by this Consent Agreement shall be made to the Compliance Unit of the Board. MR. TAFLINGER shall submit the reports and documentation required by this Consent Agreement or any other documents required by the Board to the attention of the Compliance Unit, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, O H 43215-7410 MR. TAFLINGER shall verify that the reports and documentation required by this Consent Agreement are received in the Board office MR. TAFLINGER shall inform the Board within five (5) business days, in writing, of any change in employment status 01 of any change in residential or 1101ne address or telephone number.
12.
13.
14.
15.
16
17
18
Temporarv Practice Restrictions MR. TAFLINGER sliall not practice nursing as a licensetl practical nurse (1) for agencies providing home care in the patient's residence; (2) for hospice care programs providing hospice care in the patient's I-esidence;(3) for staffing agencies or pools; (4) as an independent provider where the nurse provides nursing care and is reimbursed for services by the State of Ohio through State agencies or agents of the State; or (5) for an indiviciual or group of individuals who directly engage MR. TAFLINGER to provide nursing services for fees, compensation, or other consideration or as a volunteer,
Nicholas G. Taflinger, L.P.N. Applicant oe 6.--' pa,--
MR. TAFLINGER shall not function in a position or employment where the job duties or requirements involve management of nursing and nursing responsibilities, or supervising and evaluating nursing practice Such positions include, but are not limited to, the following: Director of Nursing, Assistant Director of Nursing, Nurse Manager, Vice President of Nursing. FAILURE TO COMPLY MR. TAFLINGER agrees that his license to practice nursing as a licensed practical nurse will be automatically suspended if it appears to the Board that MR. TAFLINGER has violated or breached any terms or conditions of the Consent Agreement Following the automatic suspension, the Board shall notify MR. TAFLINGER via certified mail of the specific nature of the charges and automatic suspension of his license Upon receipt of this notice, MR. TAFLINGER may request a hearin,. regarding the charges
The above described terms and conditions shall constitute "restrictions placed on a I~cense"for purposes of Section 4723.28(B), O R C If, in the discretion of the Board, MR. TAFLINGER appears to have violated or breached any terms or conditions of this Consent Agreement, the Board reserves the right to institute formal disciplinary proceedings for any and all possible violations or breaclles, including, but not limited to, alleged violations of the laws of Ohio occurring before the effective date of this Consent Agreement
DURATION/ MODIFICATION OF TERMS

The terms, limitations, and conditions, of this Consent Agreement may be modified or terminated, in writing, at any time upon the agreement of both MR. TAFLINGER and the Board, The Board may only alter the probationary period imposed by this Consent Agreement if: (1) the Board determines that MR. TAFLINGER has complied with all aspects of this Consent Agreement; and (2) the Board determines that MR. TAFLINGER is able to practice according to acceptable and prevailing standarcls of safe nursing care without Board monitoring, based upon an interview with MR. TAFLINGER and review of the reports as required herein Any period during which MR. TAFLINGER does not work in a position for which a nursing l~censeis required shall not count toward fulfilling the probationary period imposed by this Consent Agreement
ACKNOWLEDGMENTS/LIABILIn RELEASE MR. TAFLINGER acknowledges that he has had an opportunity lo ask questions concerning the t e r m of this Consent Agreement anti that all questions aslted have been answered in a satisfactory manner.
Nicholas G. Taflinger, L P.N Applicant Page 7
MR. TAFLINGER waives all of his rights under Chapter 119, ORC, as they relate to matters that are the subject of this Consent Agreement MR. TAFLINGER waives any and all claims or causes of action he may have against the Board, and its membe~s,officers, employees andlor agents arising out of matters, which are the subject of this Consent Agreement.
This Consent Agreement shall be considered a public record as that term is used in Section 149.43, ORC. The information contained herein may be reported to appropriate organizations, data banks and governmental bodies. This Consent Agreement is not an adjudication order as discussed in Chapter 119, ORC. Any action initiated by thc Board based on alleged violations of this Consent Agreement shall comply with the Administrative Pr0cedu1.e~ Act, Chapter 119, ORC.
FFWCTIVE DATE
MR. TAELINGER understands that this Consent Agreement is subject to ratification by

the Board prior to signature by the Board President and shall become effective upon the last date of signature below
2-25-10
DATE
BERTHA LOVELACE. ~resideht Ohio Board oPNursing
DATE
Case #12-000682
May 18, 2012

Deneik Lashell Thornton, L.P.N. 381 Walworth Avenue Euclid, Ohio 44132 Dear Ms. Thornton: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about June 13, 2011, in Cuyahoga County Court of Common Pleas Case Number CR-11-547979-A, you pled guilty to one (1) count of Theft; Aggravated Theft to wit: Hydromorphone (Dilaudid), a felony of the fourth degree, in violation of Section 2913.02(A)(3), ORC; one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23(A), ORC; and one (1) count of Drug Possession, a felony of the fifth degree, in violation of Section 2925.11(A), ORC, and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Theft; Aggravated Theft to wit: Hydromorphone (Dilaudid), a felony of the fourth degree, in violation of Section 2913.02(A)(3), ORC; Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23(A), ORC; and Drug Possession, a felony of the fifth degree, in violation of Section 2925.11(A), ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC.
Deneik Lashell Thornton, L.P.N. Page 2 WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-124909, SUSPENDED BY BOARD ORDER MARCH 16, 2012, IS REQUIRED TO BE SUSPENDED ACCORDING TO THIS STATUTE. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about June 13, 2011, in Cuyahoga County Court of Common Pleas Case Number CR-11-547979-A, you pled guilty to one (1) count of Theft; Aggravated Theft to wit: Hydromorphone (Dilaudid), a felony of the fourth degree, in violation of Section 2913.02(A)(3), ORC; one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23(A), ORC; and one (1) count of Drug Possession, a felony of the fifth degree, in violation of Section 2925.11(A), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this criminal case occurred on or about April 18, 2010 to May 16, 2010, an involve you obtaining Hydromorphone (Dilaudid) from Euclid Hospital by deception. Further acts underlying this case involve you making a false statement in any prescription, order, report, or record involving a Schedule I or II substance, not Marihuana. Further acts underlying this case involve you obtaining, possessing, or using Hydromorphone (Dilaudid). Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing
Deneik Lashell Thornton, L.P.N. Page 3 of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #10-5649; 11-004774
May 18, 2012

Kathy Ann Trubilowicz, R.N. 4057 Elbern Avenue Columbus, Ohio 43213 Dear Ms. Trubilowicz: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about December 19, 2011, in Franklin County Court of Common Pleas Case Number 11CR-4293, you pled guilty to and were found guilty of two (2) counts of Deception to Obtain Dangerous Drugs, felonies of the fifth degree, in violation of Section 2925.22, ORC, and on or about the same date in Franklin County Court of Common Pleas Case Number 11CR-5425, you pled guilty to and were found guilty of two (2) counts of Deception to Obtain Dangerous Drugs, felonies of the fifth degree, in violation of Section 2925.22, ORC. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Deception to Obtain Dangerous Drugs, felonies of the fifth degree, in violation of Section 2925.22, ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-269895, IS HEREBY SUSPENDED. Continued practice after receipt of this
Kathy Ann Trubilowicz, R.N. Page 2 notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about December 19, 2011, in Franklin County Court of Common Pleas Case Number 11CR-4293, you pled guilty to and were found guilty of two (2) counts of Deception to Obtain Dangerous Drugs, felonies of the fifth degree, in violation of Section 2925.22, ORC, and two (2) counts of Identity Fraud, felonies of the fifth degree, in violation of Section 2913.49, ORC. On or about the same date in Franklin County Court of Common Pleas Case Number 11CR-5425, you pled guilty to and were found guilty of two (2) counts of Deception to Obtain Dangerous Drugs, felonies of the fifth degree, in violation of Section 2925.22, ORC, and two (2) counts of Identity Fraud, felonies of the fifth degree, in violation of Section 2913.49, ORC. The acts underlying the above referenced cases occurred on dates in or about March 2010, May 2010, and December 2010, The acts underlying Case No. 11CR-4293 involve you using deception to procure the dispensing of Azithromycin. Further acts underlying this case involve you without consent, using obtaining, and/or possessing the personal identifying information of Dr. Kenneth Carpenter and Dr. Neil Richard, with the intent to hold yourself out as the doctors or representing that the doctors personal identifying information was your own personal identifying information. The acts underlying Case No. 11CR-5425 involve you using deception to procure a prescription for the dispensing of Lorazepam and Propoxyphene. Further acts involve you without consent, using obtaining, and/or possessing the personal identifying information of Linda Ambrose and Dr. Kenneth Carpenter, with the intent to hold yourself out as the doctor and Ms. Ambrose or representing that the doctors and Ms. Ambroses personal identifying information was your own personal identifying information. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law.
Kathy Ann Trubilowicz, R.N. Page 3 2. In a written statement to the Board, dated February 19, 2011, you admitted that while caring for a bedbound woman, [t]here came a time when I took cash from her purse. You wrote that when the family discovered that the money was missing, you admitted to taking it.
Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. 3. In a written statement to the Board, dated February 19, 2011, you admit that: I went beyond my realm as a nurse, calling in refills for . . . at times, my son without going through a physician. You admit to calling-in Z-packs for your son and daughter-in-law. You wrote that no one, except you, was aware that there was not a doctor involved.
Section 4723.28(B)(20), ORC, authorizes the Board to discipline a licensee for, in the case of a registered nurse, engaging in activities that exceed the practice of nursing as a registered nurse. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-403(A), Ohio Administrative Code, states that a registered nurse shall provide nursing care within the scope of practice of nursing for a registered nurse as set forth in division (B) of section 4723.01 of the Revised Code and the rules of the board. 4. In a written statement to the Board, dated February 19, 2011, you admit to calling-in refills of Darvocet, Ativan, and Ambien for your own use. You wrote, I needed the medications to sleep & I would use them & then refill them.
Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or
Kathy Ann Trubilowicz, R.N. Page 4 contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Certified Mail Receipt No. 7011 2970 0003 1733 4323 Attorney Certified Mail Receipt 7011 2970 0003 1733 4330 cc: Henry G. Appel, Assistant Attorney General Samuel H. Shamansky, Esq.
Case #11-003093
May 18, 2012

Stefani Beth Vechery, R.N. 3449 Northampton Road Cuyahoga Falls, Ohio 44223 Dear Ms. Vechery: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about April 9, 2012, in Portage County Court of Common Pleas Case Number 2011 CR 0693, you pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02, ORC, and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02, ORC, constitutes a felony drug abuse offense as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-292926, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC.
Stefani Beth Vechery, R.N. Page 2 You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about April 9, 2012, in Portage County Court of Common Pleas Case Number 2011 CR 0693, you pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02, ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or between February 1, 2011, and August 1, 2011, and involve you obtaining 41 Oxycodone tablets without the consent of Robinson Memorial Hospital or person authorized to give consent. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. While employed as a nurse at Robinson Memorial Hospital, Ravenna, in or about August 2011 discrepancies were observed in your documentation of controlled substances. The Corrective Action Report Performance (Report), dated August 5, 2011, indicates that when confronted regarding the discrepancies, you admitted that you took controlled substances from the Acudose for yourself and falsified documentation related to the controlled substances. The Incident Narrative indicates that specifically, you admitting to taking Percocet and Hydrocodone for personal use.
Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(G), Ohio Administrative Code, states that a licensed nurse shall not falsify any client record or any other document prepared or utilized in the course of, or in conjunction with, nursing practice. This includes, but is not limited to, case management documents or reports or time records, reports, and other documents related to billing for nursing services.
Stefani Beth Vechery, R.N. Page 3 Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Certified Mail Receipt No. 7011 2970 0003 1733 4385 Attorney Certified Mail Receipt 7011 2970 0003 1733 4392 cc: Henry G. Appel, Assistant Attorney General Elizabeth Y. Collis, Esq.
Case #11-001615; 11-002513
May 18, 2012

Vickie Ann Webster, R.N. 67 Peach Grove Avenue Centerville, Ohio 45458 Dear Ms. Webster: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about November 28, 2011, in Montgomery County Court of Common Pleas Case Number 2011 CR 01558, you pled guilty to three (3) counts of Theft of Drugs, felonies of the fourth degree, in violation of Section 2913.02(A)(1), ORC, and were found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Theft of Drugs, felonies of the fourth degree, in violation of Section 2913.02(A)(1), ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-250293, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of 4723.03(A), ORC.
Vickie Ann Webster, R.N. Page 2 You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about November 28, 2011, in Montgomery County Court of Common Pleas Case Number 2011 CR 01558, you pled guilty to three (3) counts of Theft of Drugs, felonies of the fourth degree, in violation of Section 2913.02(A)(1), ORC, and were found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or between March 24, 2011, and March 26, 2011 and on or between January 1, 2011, and April 1, 2011, and involve you obtaining a dangerous drug without the consent of the owner or person authorized to give consent. Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about May 18, 2011, you admitted to a Board Compliance Agent that you self-administered Percocet and Vicodin that was prescribed to your mother. You admitted that while working as a nurse for Kettering Network Home Care, you diverted thirty (30) Percocet belonging to a patient.
Section 4723.28(B)(8), ORC, authorizes the Board to discipline a licensee for selfadministering or otherwise taking into the body any dangerous drug, as defined in Section 4729.01, ORC, in any way not in accordance with a legal, valid prescription issued for that individual. Section 4723.28(B)(13), ORC, authorizes the Board to discipline a licensee for obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Ohio Administrative Code Rule 4723-4-06 (L) states that a licensed nurse shall not misappropriate a client's property. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in
Vickie Ann Webster, R.N. Page 3 writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Certified Mail Receipt No. 7011 2970 0003 1733 4422 Attorney Certified Mail Receipt 7011 2970 0003 1733 4439 cc: Henry G. Appel, Assistant Attorney General Lawrence T. Bennett, Esq.
Case #12-000511
May 18, 2012

Christine Lynn Wise, L.P.N. 7224 Ryder Rd NW Waynesburg, OH 44688 and #W083202 Ohio Reformatory for Women 1479 Collins Avenue Marysville, OH 43040 Dear Ms. Wise: In accordance with Chapter 119 Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under authority of Section 4723.28, ORC, to deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about January 30, 2012, in Stark County Court of Common Pleas Case No. 2011CR1218, you pled guilty to and were convicted of one (1) count of Aggravated Vehicular Assault, a third-degree felony, in violation of Section 2903.08(A)(1), ORC, one (1) count of Vehicular Assault, a fourth-degree felony, in violation of Section 2903.08(A)(2)(b), ORC, and one (1) count of Failure to Stop after an Accident, a fifth-degree felony, in violation of Section 4549.02, ORC. The acts underlying your conviction occurred on or about August 13, 2011, in Stark County, Ohio.
Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony or of any crime involving gross immorality or moral turpitude. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC.
Christine Lynn Wise, L.P.N. Page 2 In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing on this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing this notice. You are hereby further informed that if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present you position, argument, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter to: Lisa Ferguson-Ramos, Compliance Unit Manager, 17 South High Street, Suite 400, Columbus, OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in the Notice of Opportunity for Hearing, deny, revoke, permanently revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Judith A. Church, R.N., C.N.P. Supervising Member Certified Mail Receipt No. 7011 2970 0003 1733 3951 Second Address Certified Mail Receipt No. 7011 2970 0003 1733 3968 cc: Henry G. Appel, Senior Assistant Attorney General
Cases #10-4179; #11-002736
March 27, 2012

Julie Ann Wiswell, R.N. 107 Lowell Street Castalia, Ohio 44824 Dear Ms. Wiswell: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about February 29, 2012, in Sandusky County Court of Common Pleas Case Number 11-CR-065, you pled guilty to and were convicted of one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(3), ORC, and were sentenced to five (5) years community control. Further, on or about January 30, 2012, in Lorain County Court of Common Pleas Case No. 11CR083256, you pled guilty to and were convicted of four (4) counts of Theft, to wit: Dangerous Drugs, all fourth-degree felonies in violation of Section 2913.02(A)(1), ORC; and four (4) counts of Illegal Processing of Drug Documents, all fourth-degree felonies in violation of Section 2925.23(A), ORC, and were sentenced to three (3) years community control sanctions. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(3), ORC, and Theft, to wit: Dangerous Drugs, felonies of the fourth degree in violation of Section 2913.02(A)(1), ORC; and Illegal Processing of Drug Documents, felonies of the fourth
Julie Ann Wiswell, R.N. Page 2 degree, in violation of Section 2925.23(A), ORC constitute felony drug abuse offenses as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A REGISTERED NURSE, RN-233070, IS HEREBY SUSPENDED. Continued practice after receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(A), ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, Ohio 43215-7410, or to the e-mail address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a registered nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
Case #2011-005614
May 18, 2012

Frederick Louis Wright, L.P.N. 210 East High Street Piqua, Ohio 45356-2432 Dear Mr. Wright: In accordance with Chapter 119. of the Ohio Revised Code (ORC), you are hereby notified that the Ohio Board of Nursing (Board) proposes under the authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about November 7, 2011, the Oklahoma Board of Nursing (Oklahoma Board) issued a letter (Oklahoma Board November 2011 Letter) in which your license to practice as a licensed practical nurse in Oklahoma was revoked for a period of two (2) years. Copies of the Oklahoma Board November 2011 Letter, along with the Stipulation, Settlement and Order (Oklahoma Board 2011 Order) are attached hereto and incorporated herein.
Section 4723.28(B)(1), ORC, authorizes the Board to deny a license or otherwise discipline a licensee for denial, revocation, suspension, or restriction of authority to practice a health care occupation, including nursing, for any reason other than a failure to renew, in Ohio or another state or jurisdiction. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28 ORC. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus, OH 432157410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal
Frederick Louis Wright, L.P.N. Page 2 allegations set forth in this Notice of Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,
OKLAHOMA BOARD OF NURSING 2915 CLASSEN BOULEVARD SUITE 524 OKLAHOMA CITY, OKLAHOMA731065437 (405) 962-1800
www.okgov/nursing Fax (405) 982-1821
March 27,20 12 Ohio Board of Nursing A Phalyn Williams, J.D. Adjudication Coordinator 17 S High Streef, Suite 400 Columbus, Ohio 4321 5
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Enclosed please find certified copies of the Order entered by the Oklahoma Board of Nursing nurse. regarding the above ~eferenced
If you have questions regarding this inforn~ation please contact this office. Sincerely,
B.S.N.. R.N. Jan Sinclai~, Director, Investigative Division
Enclosure:
Revocation Letter
CERTIFIED & Regular Mail 7009 2820 0002 5115 9168 November 7,201 1 Fredrick Wright PO Box 756 Miami, Oklahoma 74355 Dear Mr. Wright: On September 27,201 1, an Order was entered by the Oklahoma Board ofNursing and received by you on October 6,201 1. In accordancewith this Order, the following teimsand conditions were to be met:
1.
Successful completion of the Peer Assistance Program.
Yon were uot accepted into the Peer Assistance Program in violation of your September 27, 2011, Board Order. Effective immediately, your license to practice nursing is revoked for two (2) years. You may not work or offer to workas an L.P.N. in Oklahoma. In accordance with this Order, an adininistrative penalty is assessed for non-compliance in the amount of $5,000 payable lo the Oklahoma Board of Nur~ing.Payment must be in the form of money order, certified check or cash. We will not accept personal checks. Please do not send cash in the mail. Return the enclosed form with payment, This must be paid in full prior to applying for reinstatement. You may apply for reinstatement of your license Novernber 7, 2013. Enclosed is a copy of the Board's Guidelines for Reinstatement when there has been misuse of drugs or alcohol. You may apply for reinstatement of your license when you can demonstrate compliance with these Guidelines. It can take up to two years to meet these terms and you are encouraged to begin the process soon after the receipt of your letter. The documentation must be in writing and must be submitted to this office two months prior to your Board appearance. At that time, contact this office and request an application for reinstatement. When your completed application and fee are received, you will be sent notification when your Application for Reinstatement of License will be considered.
If you have questions concerning this information, please contact Laura Clarkson (405) 962-1818. Sincerely,
iJ(m ~ u r n sB.S.N., M.Ed, R.N. ,

Nurse Investigator
cc:
Peer Assistance Program
Enclosnre(s): Guidelines for Individuals Requesting Reinstatement After Suspension, Surrender or Revocation for Misappropriation or Misuse of Drugs/Alcohol03/24/09 Administrative Penalty/Recove~y Cost Form
Dale
I certify this to b e a true copy of the records on file with the Oklahoma Board of
OKLAHOMA BOARD OF NURSING
2915 CLASSEN BOULEVARD. SUITE 524 OKLAHOMACITY, OKLAHOMA73406-5437 (405) 9621800
www.ok.gov/nurslng Fax (405) 962-1824
January 24,20 12 Ohio Board of Nursing Compliance Unit 17 S High Street, Suite 400 Colun~bus, Ohio 43215
RE: Wiight, Frederick Louis, Endorsement LPN Applicant DOB: 06/16/1954

To Whom It May Concern: Enclosed please find certified copies of the Order entered by the Oklahoma Board of Nursing regarding the above referenced nurse.
If you have questions regarding this information please contact this off~ce.
Sincerely,
Jan Sinclair, B.S.N., R.N.
Director, InvestigativeDivision
Enclosure:
Order
BEFORE THE OKLAHOMA BOARD OF NlJRSING
@i
r'?
..
-,--4.
. (
i';D
TN THE MATTER OF FREDERICK LOUIS WRIGHT

ENDORSEMJ3NT L.P.N. APPLICANT
2912 Ji::127 p~ 1: 3 4
L3.i(:3
hi- ; J;?$~NG ! UHlO
STIPULATION, SETTLEMENT AND ORDER

This matter comes on for hearing before the Oklahoma Board of Nursing on the 27Ih day of September, 201 1, at the Wyndharn GardenHotel Conference Center, 2101 South Meridian Avenue, Oklahoma City, Oklahoma. Lisa GrSitts, RN., a Nwse Investigatorwith the Board, and FrederickLouis Wright Endorsement, L.P.N. Applicant, (hereinaftel; "Respondent") participated inatelephonic conference on July 19,201 1, and subsequently consented to this Stipulation, Settlement and Order ("Order").
STIPULATION
Respondent and the Board hereby stipulate and agree to the followingjoint stipulation and proposed Order .of the Board incorporating this stipulation and agreement in the above-styled matter. 1. On or about Janua~y 11,1989, in theMunicipa1Court of Miami County, State
of Ohio ("Miami Municipal Court"), Case No. 1989-CRB-050113,the Applicant was charged with On Disorderly Conduct, a misds~neanor. January 25,1989, the Applicant pledno cuntesl, was found guilty, and was sentenced to a fine and costs. The Docket Sheet is attached as Exhibit "A" and made
a part hereof,
2. On or about August 22, 1991, in Miami Municipal Court, Case No.1991-
CIIB-002601, the Applicant was charged with Count 1: DomesticViolence, a misdemeanor and Count 2: Child AbuselEndangering, a misdemeanor. On September 5,1991, the Applicant pled no
contest in Count I , was fot~nd guilty, and was sentenced to one hundred eighty (I 80) days jail, a fine 2, and costs. In Coul~t the Applicant pled no contest, was found guilty, and was sentenced to a fine and costs. The Docket Sheet is attached as Exhibit "B" and made a part hereof. 3. On or about May 18, 1992, in the Miami Municipal Court, Case No. 1992-
CRB-001405, the Applicant was charged with Count I: Obstructing Official Business, a misdemeanor, Count 2: Resisting Arrest, a misdemeanor and Count 3: Disorderly Conduct, a n~isden~eanor. May 21, 1992, the Applicant pled no contest, was found guilty as to all counts and On was sentenced as follows: Count 1: Ninety (90) days jail, a fine and costs; Count 2: Ninety (90) days jail, a fine and costs; Count 3: a fine aud costs. The Docket Sheet is attached as Exhibit "C" and made a part hereof. 4. On or about March 24, 1995, in Miami Municipal Court, Case No. 1995-
CRA-00939, the Applicant was charged with Abduction, a felony. On May 17,1995 the charge was amended to Unlawful Restraint, a inisdemeanor. The Applicant pled no contest on the same date, was found guilty and sentenced to sixty (60) days in jail, a fine and costs. The Docket Sheet is attached as Exhibit "D" and made a part hereof. 5. On or about March 24, 1995, in Miami Municipal Court, Case No. 1995-
CRB-00940, the Applicant was charged with Aggravated Menacing, a misdemeanor. On May 17, 1995, the Applicant pled no contest, was found guilty, and was sentenced to sixty (60) days jail, a fine and costs. The Docket Sheet is attached as Exhibit "E" and made a part hereof.
6.
On or about August 16, 1995, in Miami Municipal Court, Case No. 1995-
CRB-02837, the Applicant was charged with Domestic Violence, a misdemeanor. On October 4, 1995, the Applicant pled no contest, was found guilty, and was sentenced to one hundred eighty (180) days jail, a fine and costs. The Docket Sheet is attached as Exhibit "F" and made a part hereof. 7. On or about May 4, 1998, in Miami Municipal Court, Case No. 1998-TRC-
05405, the Applicant was charged with Driving Under the Influence of Alcohol or Drugs, a misdemeanor. On June 10, 1998, the Applicant pled no contest, was found guilty, and was sentenced to one hundred eighty (180) days jail, a fine and costs. The Docket Sheet is attached as Exhibit " G and made a part hereof. 8. On or about September 9,2003, in Miami Municipal Court, Case No. 2003-
TRC-13333, the Applicant was charged with Driving Under the Influence of Alcohol or Drugs, a n~isde~neanor. October 17, 2003, the Applicant pled no contest, was found guilty, and was On sentenced to one hundred eighty (180) days jail, a fine and costs. The Docket Sheet is attached as Exhibit "H" and made a part hereof. 9. On or about September 29,2003, in Miami Municipal Court, Case No. 2003-
TRC-14 I 10, the Applicant was charged with Driving Under the Influence of Alcohol or Drugs, a misdemeanor. On October 17, 2003, the Applicant pled no contest, was found guilty, and was sentenced to one hundred eighty (180) days jail, a fine and costs. The Docket Sheet is attached as Exhibit "I" and made a part hereof. 10. On February 10, 201 1, the Applicant submitted to the Oklahoma Board of
N~trsing conlpleted Application for Licensure by Endorsement for Applicants Educated in the a
United States ("Application") for licensed practical nurse. The Application is attached as Exhibit "J" and made a part hereof.
1 I.
This stipulation is executed by the Respondent for the purpose of avoiding
further administrative action with respect to this cause. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to or in conjunction with consideration of this stipulation. Furthermore, should this joint stipulation not be accepted by the Board, it is agreed that presentation to and consideration of this stipulation and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. 12. Respondent fully understands and agrees that this joint stipulation and
subsequent Final Order inco~porating same will in no way preclude additional proceedings by the not Board against Respondent for acts or on~issions specifically made a part of this stipulation.
13.
Respondent expressly waives all fwther procedural steps, and expressly
waives all rights to seek judicial review of or to otherwise challenge or contest the validity of this joint stipulation of facts, conclusions of law and imposition of discipline, and the Final Order of the Board incorporating said stipulation.
14.
It is expressly understood that this stipulation is subject to approval of the
Board and has no force and effect until approved and Ordered by the Board.
15.
action.
This Stipulation, Settlement, and Order does constitute formal disciplinary
STIPULATED DISPOSITION AND ORDER IT IS THERJZFORJZ ORDERED by the Oklahoma Board of Nursing that the Application for Licensure by Endorsement For Applicant's Educated in the United States to practice licensed practical nursing in the State of Oklal~omabe, and the same is hereby granted, and Respondent is referred to the Peer Assistance Program of the Oklahoma Board of Nursing on the following terms and conditions:
1.
Respondent's license to practice licensedpractical nursing shall be
immediately temporarily suspended upon issuance, which temporaly suspension shall be set aside provided Respondent provides documentation, satisfactory to the Board, of Respondent's acceptance into the Peer Assistance Program by November 4,2011.
2.
If Respondent is not accepted into the Peer Assistance Program on or before
November 4,2011, or having been accepted is terminated from the Program for any reason other than successful completion of Respondent's contract and treatment plan, Respondent's license is hereby revolted for a period of two (2) years.
3.
In the event Respondent's license is revoked as provided herein, any
application to reinstate Respondent's license shall not be considered by the Board until Respondent presents evidence satisfacto~yto the Board of compliance with the Board's Guidelines For Individuals Requesting Reinstatement After Suspension, Sul~ender Or Revocation For Misappropriation Or Misuse Of Drugs/Alcohol, a copy of which is attached hereto and made a part hereof. Respondent must also submit evidence of the continued qualifications for practice as set fort11 in the applicable Statutes and Rules of the Oklahoma Board of Nursing in effect at the time of Respondent's reinstatement.
4.
In the event Respondent's license is revoked as provided herein, Respondent
shall pay an administrative penaltypayable to the Oklahoma Board ofNursing in the amount of Five Thousand Dollars ($5,000.00). The administrative penalty shall be paid only by certified check, money order or cash. Any Application to Reinstate Respondent's license will not be considered until the administrative penalty is paid in fi~ll. 5. Upon Reinstatement, Respondent's license will be im~uediately placed in
temporary suspension pending read~nissionto the Peer Assistance Program. Respondent shall provide documentation, satisfacto~yto the Board, of Respondent's acceptance into the Peer Assistance Program within sixty (60) days of reinstatement. 6. The parties agree that both (all) parties have pal-ticipated in the drafting of this
Order and that no presumption or construction against any party as the drafter of this Order, shall apply or be applied in the event of a claim of ambiguity of the document or a provision thereof.
7.
This Order shall not be effective until the fully executed Order is received
in the Board office.

8.
Upon successful completion by Respondent of Respondent's Contract,
Amended Contract(s), and treatment plan with the Peer Assistance Program, no further Order of the Board shall be deemed necessaqr.
Tltis spnce lefl ir~terztiortnlly blnnk
- --
. --
- -
-. .
9.
This Order constihites disciplinary action by the Board and may be used in
any subsequent hearings by the Board. In the event other misconduct is reported to the Board, this Order map be used as evidence against Respondent to establish a pattern of behavior and for the purpose of proving additional acts of misconduct.
__.---
.
1
. ~ P e L d
Respondent
Approved and ordered this 27Ih day of September, 201 1.
Date: 01/13/2011 CRTR5925
12:15:53
Docket Sheet Summary
Page:
RECEIVED
JAN 1 8 2011
Judge
Kessler, W i l l i a m E Action Disorderly Conduct
Case Number 1989-CR-B-050113-0-PIQ I n The Matter Of
Status Closed
OBN
C i t y o f Piqua v s . WRIGHT, FREDERICK L .
Party WRIGHT, FREDERICK L .
Attorneys DN T F D
opened
01/09/1983 Comments :
Disposed Closed
Case Type Criminal
VENERONI
Charge: Description: Amnd Chrg: Description:
133. O ~ / P I Q D i s o r d e r l y Conduct
Speed:
Zone:
;:;; i .i;n
Couxiy i$unih;i;:ii
Sourt
?i:ie GI Ohio, lviismi County, 6s - ....-:L.v.... . cc.;tify the zboue ;o be .r,.:

.. ii.:d iii lhs i:/~:.kisoffice oi
Disposition: Plea: N Contest o Sentence: Amount: - L i c e n s e Suspended Days: J a i l Time:
D i s p o s i t i o n Date: Decision: Guilty
T r a f f i c Points :
. Start~Date:.
Restrictions:
. . . -.
E n d Date: End Date:
S t a r t Date:
Suspended: mount: L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation Officer: Days on P r o b a t i o n : Comments : S t a r t Date: End Date:
No.
Date o f
P l e a d i n g s F i l e d ; Orders and Decrees J o u r n a l Book-Page-Nbr Ref Nbr
Amount Owed/ - Balance Due Amount Dismissed
01/11/89
O.R.
Bond Posted
Date: 01/13/2011 CRTR5925
1 2 : 1 5 : 53
Docket S h e e t Summary.
Page: 2
1989-CR-B-050113-0-PIQ No.
D a t e of
C i t y o f Piqua v s . WRIGHT, FREDERICK L. Amount Owed/ Amount Dismissed ~ a l a n c eDue
P l e a d i n g s F i l e d , O r d e r s and Decrees J o u r n a l Book-Page-Nbr Ref Nbr Arraignment Cmpl CASE ASSIGNED TO: WK E Memorandum TO B SET FOR TRIAL E County C o s t s 03/19/2004 Sentenced S t a t e Costs P r e t r i a l Conf. Cmpl (COP/Default) Case Termination 8 R e c e i p t : 109904 Date:
3 4 5 6
01/11/89 01/11/89 01/11/89 01/25/89
7 8 9 10 11
01/25/89, 01/25/89 12/05/89 01/29/90
14.00 14.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
06/04/07 Judgment/Order Removing ~ n c o l l e ' c t i b l eFLC From F i n a n c i a l Records of t h e M u n i c i p a l Court Clerk
T o t a l s By:
+**
Cost Information S t a t e Cost. End of R e p o r t ***
37.00 0.00 .14.00
0.00 0.00 0.00
. .
. .
RECEIVED
JAN 18 2011
OBN
Date: 01/13/2011 CRTRb925
12:10:23
Docket S h e e t Summary
Page: 1
RECEIVED
JAN 1 8 2011
Judge Braun, Alan J
C a s e Number 1991-CR-B-002601-S-PIQ I n The Matter Of
Status Closed
8BN
Action
Domestic V i o l e n c e Attorneys DFNDT Case Type Criminal
S t a t e o f O h i o v s . WRIGHT, FREDERICK L.
Party
WRIGHT, FREDERICK L. Opened -
08/22/1991
Disposed Closed
Comments :
HIGGINS Ciiarge: 'Description: Amnd Chrg: Description: 2919.25 Domestic Violence Speed: Zone:
Disposition: Plea: N Contest o Sentence: Amount: 100.00 ~ i c e n s e u s p e n d e d Days: S - .. .. .- .. ... .... J a i l T i m e : 180.00
D i s p o s i t i o n Date: Decision: G u i l t y
T r a f f i c Points: S t a r t Date:
..
Restrictions: .End D a t e :
-
..
S t a r t Date:
End
Da3&j/ County Municipal Court.

State of Ohio, Miami County, as I i~ersby certify the above to be
z;:.;,
:.
Suspended: Amount: 0.00 L i c e n s e S u s p e n d e d Days: J a i l Time: Probation: Type: Probation O f f i c e r : Days o n P r o b a t i o n : Comments : Charge: Description: Amnd Chrg: Description: 0 S t a r t Date:
,!.,,iin the Clerk's office of

Clerk __Ospuiy
End D a t e :
2919.22 C h i l d Abuse/Endangering
Speed:
Zone:
Disposition:
D i s p o s i t i o n Date:
Date:
01/13/2011
12:10:23
Page:
CRTR5925 1991-CR-B-002601-S-PIQ P l e a : No C o n t e s t Sentence: Amount: 25.00 L i c e n s e Suspended Days: J a i l Time: 0.00 suspendea: Amount : L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation Officer: Days o n P r o b a t i o n : Comments: No. Date of 08/22/91 08/22/91 08/22/91 08/22/91 0 S t a r t Date:
S t a t e o f Ohio v s . WRIGHT, FREDERICK L. Decision: G u i l t y T r a f f i c Points:

-
8\L
nr
EIVED
Restrictions: End Date: End Date:
JAN 18 2011
S t a r t Date: S t a r t Date:
QBM
End Date:
P l e a d i n g s F i l e d , Orders and Decrees J o u r n a l Book-Page-Nbr Ref Nbr O.R. Bond P o s t e d WITH CONDITIONS O.R. Bond P o s t e d W I T H CONDITIONS SERIOUS OFFENSES SERIOUS. OFFENSES. A r r a i g n m e n t Cmpl A r r a i g n m e n t Cmpl CASE ASSIGNED TO: AJB CASE ASSIGNED TO: AJB Case D e t a i l F i l e d Case Detail F i l e d County C o s t s County C o s t s P r e t r i a l Conf. Cmpl (COP/Default) P r e t r i a l Conf. Cmpl (COP/Default)
Amount Owed/ Amount Dismissed 0.00 0.00 0.00 0.. 0 0 0.00
Balance ~ u k 0.00 0.00
1
2 3 4
.
. . .
0.00 0OO :. 0.00

-
. .
. . .
. .
5
6
08/22/91 08/22/91 08/22/91 08/22/91 08/22/91 08/22/91 09/04/91 09/04/91
7
8
0.00 0.00 0.00 36.00 36.00
0.00 0.00 0.00 0.00
9 10
1 1
12 13 14
. 09/04/91
09/04/91
0.00
0.00
Date: 0 1 / 1 3 / 2 0 1 1
12:10:23
Page: 3
CRTR5925 1991-CR-B-002601-S-PIQ
No.
S t a t e of O h i o v s . WRIGHT, FREDERICK L . Amount Owed/ Amount D i s m i s s e d

... ~.
~~ ~ ~
D a t e of
P l e a d i n g s Filed, O r d e r s a n d D e c r e e s J o u r n a l Book-Page-Nbr Ref Nbr

~. ~. . ~ .. .
~~
B a l a n c e Due
~~
..
15
09/04/91 03/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/04/91 09/05/91 12/17/91 12/17/91
Sentenced Fine Fine State A State A State B State B Sentenced Case Termination 0 Case Termination B
0.00
0.00
RECEIVED
JAN 18 2011
0.00
'
0.00
T o t a l s By:
***
Cost Fine Information S t a t e Cost E n d of R e p o r t * * *
Date: 01/13/2011 ~ ~ ~ ~ 5 9 2 5
12:11:55
Page: 1
RECEIVED
Case
umber
Status
Closed
Judge Arraignment
JAN 1 8 2011
1992-CR-B-001405-S-SHE
-
I n The M a t t e r Of S t a t e of Ohio v s . WRIGHT, FREDERICK L. Attorneys
Action
Obstructing O f f i c i a l Business
Party .
WRIGHT, FREDERICK L Opened 05/18/1992 Comments : ROBBINS Charge: Description: 2921.31 O b s t r u c t i n g O f f i c i a l Business Speed: Zone: Disposed Closed Case Type Criminal
Amrid Chrg:
Description:
Disposition: Plea: N Contest o Sentence: Amount: 50.00
T r a f f i c Points :
-_-.-
Restrictions: 2nd-Date:--------. End Date:

-
L-LicenseSuspended..Days:
J a i l Time: 90.00
StarLDate: S t a r t Date:
..:.... :,?'-:rrii cfi~t??; >h~;>i:i~2i @ ; & t

(,;:,;
-. .
Suspended: Amount: 0.00 L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation O f f i c e r : Days on P r o b a t i o n : Comments : Charge: Description: Amnd Chrg: Description: 0 S t a r t Date: End Date:
i :--5;2:,y ccrii-3,:i;.
; C; C;hia, Micqli Gwnlrj, a5 .
;d5i~ve be :o
~.
r;ai;i Court on
5-a\~i z
+-.
Ciei-!? Deput)'
>
--
2921.33 R e s i s t i n g Arrest
Speed:
Zone :
D a t e : 01/13/2011 CRTR5925
12:11:55
Page: 2
1992-CR-B-001405-S-SHE P l e a : No C o n t e s t Sentence: Amount: 50.00

~
S t a t e o f Ohio v s . WRIGHT, FREDERICK L. Decision: G u i l t y
RECEIVED
Restrictions:
~ ~
Traffic Points:
~ ~
~.
L i c e n s e Suspended Days: J a i l Time: 90.00
S t a r t Date: S t a r t Date:
End D a t e : End D a t e :
CBN
..
Suspended: Amount: 0.00 L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation officer: Days o n P r o b a t i o n : Comments: Charge : Description: Amnd Chrg: Description: 0 S t a r t Date: End D a t e :
2917.11 D i s o r d e r l y Conduct
Speed:
Zone:
Disposition: P l e a : No c o n t e s t Sentence: Amount: 25.00 L i c e n s e Suspended Days: J a i l Time: 0.00
Traffic Points: S t a r t Date: S t a r t Date:
Restrictions: End D a t e : End Date:
Suspended: Amount : L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation Officer: Days o n P r o b a t i o n : Comments : 0 S t a r t Date: End D a t e :
No.
Date of
P l e a d i n g s F i l e d , Orders and Decrees J o u r n a l Book-Page-Nbr Ref Nbr Case D e t a i l F i l e d
Amount Owed/ Amount D i s m i s s e d 0.00
B a l a n c e Due
-
05/18/92
0.00
Date:
01/13/2011
12:11:55
Paqe: 3
RECEIVED
Amount Owed/ Amount D i s m i s s e d Balance
1992-CR-B-001405-S-SHE
S t a t e o f Ohio v s . WRIGHT, FREDERICK L.
No.
Date o f
. . .
P l e a d i n g s ~ i l e d ,O r d e r s a n d D e c r e e s J o u r n a l Book-Paqe-Nbr Ref N b r
. . .
~
QBN
. . .
05/18/92
Case D e t a i l F i l e d
05/18/92
Case Detail F i l e d SERIOUS OFFENSES
4
5
05/19/92
05/19/92
SERIOUS OFFENSES
6
7
05/19/92
SERIOUS OFFENSES
05/21/92
County C o s t s
05/21/92
County C o s t s
05/21/92
County C o s t s
05/21/92
Sentenced
05/21/92
Sentenced
05/21/92
Sentenced
05/21/92 .- - -05/21/92
Fine
- -
Fine
05/21/92
Fine
05/21/92
A r r a i g n m e n t Cmpl
17
05/21/92
18
05/21/92
22
05/21/92
State A
Date: 0 1 / 1 3 / 2 0 1 1 CRTR5925
12: 1 1 : 5 5
Page: 4
1992-CR-B-001405-S-SHE
No.
S t a t e o f O h i o v s . WRIGHT, FREDERICK L . Amount Owed/ Amount D i s m i s s e d

....~ . ~ .
~~
Date o f
.
P l e a d i n g s F i l e d , O r d e r s a n d Decrees J o u r n a l Book-Page-Nbr R e f Nbr

~ ~
B a l a n c e Due
. ...... .
- - -
-~
23 24 25 26 27 28 29 30
31
05/21/92 05/21/92 05/21/92 05/21/92 05/21/92 05/29/92 05/29/92 05/29/92 07/21/94
State A State A State B State B State B Case Termination 5 Case Termination 5 Case Termination 5 Gold Card Fine
11.00 11.00 11.00 11.00
0.00' 0.00
0.00 0.00 0.00 1.00 1.00
0.00 0.00 0.00 0.00
T o t a l s By:
***
Cost Fine Information S t a t e Cost E n d o f Report ***
84.00 125.00 0.00 51.00
0.00 0.00 0.00 0.00
RECEIVED
JAN 18 2011
QBN
01/13/2011 ~ ~ ~ ~ 5 9 2 5
12: 12:35
Page: 3
Case Number 1995 CR A 00939 S PIQ I n T h e - M a t t e r . of^.. ... ..

. .-
Status Closed
~- - ~ ~~
Judge Arraignment
~-~
Action. Abduction Attorneys
..~.
~-
~~.
S t a t e of Ohio v s . WRIGHT,
FREDERICK L .
RECEIVED
Party WRIGHT,
FREDERICK L .
DN T F D
SPEER, J O H N J.
CPLNT
G T A N ELIZABETH S UK N ,
PA
GUTMANN, ELIZABETH S
DEPT., PROBATION Opened -
PO
03/24/1995
Disposed G u i l t y Reduced
Case Type Criminal
Comments :
ABDUCTION C / O PIQUA POLICE DEPT. PIOUA, OH 45356 PIQZI~ 2905.02 Abduction 2905.03 Unlawful R e s t r a i n t
.-
Charge: Description: Amnd Chrg: Description: -- . -~ -~~
Speed:
Zone:
,..:: : .. :i
!i ~
~ f?/iuilicipd ~ ~ Caurt
C.,---.-.
;,. -5 ~ i i i o:i<iani County, as ,.: ,
... &>
:!?
!k+ c!&'s d i c e - .- -.-.- ...1 - ..~i -3 : .

.
-> ...
D i s p o s i t i o n : G u i l t y Reduced Charge Plea: N Contest o Sentence: Amount: 10.00 L i c e n s e Suspended Days: J a i l Time: 60.00
05/17/1995
. . .
. C!erk
".
DepW
T r a f f i c Points: S t a r t Date: S t a r t Date:
Suspended: Amount: 0.00 L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation O f f i c e r : Days on P r o b a t i o n : 730 Comments : S t a r t Date: 05/17/1995 End Date: 05/16/1997
No.
Date o f
P l e a d i n g s F i l e d , Orders and Decrees
Amount Owed/
Balance Due
01/13/2011 CRTR5925
12:12:35
Page:
1 9 9 5 CR A 0 0 9 3 9 S 4 I Q
S t a t e o f O h i o v s . WRIGHT, R e f Nbr
FREDERICK L . Amount D i s m i s s e d A m o u n t Owed/ Amount.Dismissed B a l a n c e Due

~
J o u r n a l Book-Page-Nbr No.
~
D a t e of
~
P l e a d i n g s F i l e d , O r d e r s and D e c r e e s ..Journal p a g e - N b r . Book- Ref- N b r -
~~~.~ . .. .
~
03/24/95
O.R. B o n d P o s t e d NO CONTACT W/ALLEGED VICTIM PER WEK/MAJ
03/24/95
PRELIMINARY HEARING 0 3 / 2 8 / 9 5 JUDGE:WILLIAM E . KESSLER
01:OO P M
03/24/95 03/24/95 03/24/95 03/29/95
CASE FILED J A I L ARRAIGNMENT Memorandum FILE TO WEK SENTENCING 0 4 / 2 1 / 9 5 0 8 : 0 3 AM JUDGE: WILLIAM E . KESSLER NOTE: MUST BE PRESENT!
DEFENDANT
04/17/95
09:32 A M SENTENCING 0 5 / 1 7 / 9 5 JUDGE:NILLIAM E . KESSLER NOTE: 4-21-95 SENTENCING DATE CONTINUED AT REQUEST OF THE PROBATION OFFICER. DEFENDANT MUST BE PRESENT! Change o f P l e a
05/17/95
10
05/17/95
Timed Payments
11
12
05/17/95 05/25/95
Fine GUILTY - REDUCED CHARGE 0.00 0.00
T o t a l s By:
***
Cost Fine Information E n d o f R e p o r t ***
91.00 10.00 0.00
0.00 0.00 0.00
RECEIVED
JAN 18 201i
QBM
Date: 01/13/2011 CRTR5925
12:12:58
Page: 1
C a s e Number 1 9 9 5 C B 00940 S P I Q R I n The Matter~Of -
Status Closed
-
Judge Kessler, William E
~~
- -~ -
action.^..
Aggravated Menacins
. .
- --
~- -
-~
S t a t e o f O h i o v s . WRIGHT, FREDERICK L.
RECEIVED
Party WRIGHT, FREDERICK L. SPEER, JOHN J.
Attorneys DFNDT CPLNT
G TU I,
ELIZABETH S
PA
Opened 03/24/1995 Comments :
Disposed G u i l t v Reduced AGGRAVATED MENACING C/O PIQUA POLICE DEPT. PIQUA, O H 45356 PIQ218 2903:21 A g g r a v a t e d Menacing 2903.22 Menacing Speed: Zone:
Charge: Description: Amnd Chrg: Description:
?..';i~:::i County Mtrnicip&i (hLJR
.4 .. . --,
.. ..
P l e a : No C o n t e s t Sentence: Amount: 10.00 L i c e n s e S u s p e n d e d Days: J a i l Time: 3 . 0 0 Suspended: Amount: 0.00 L i c e n s e S u s p e n d e d Days: J a i l Time: Probation: Type: Probation Officer: Days on P r o b a t i o n : 730 Comments : Charge: Description: Amnd Chrg: 2907.24 Soliciting
Decision: Guilty Traffic Points: S t a r t Date: S t a r t Date: Restrictions: End D a t e : End D a t e :
S t a r t Date:
05/12/1995
End D a t e :
05/11/1997 Zone:
Speed:
D a t e : 01/13/2011
c~TRj925
12: 1 2 : 58
Page: 2
1 9 9 5 C B 00940 S PIQ R Description:
S t a t e o f Ohio v s . IYRIGHT., FREDERICK L.
. . ~ . -~ . . ~ ~
. .~~
..
~-~~--
~~
~~
.~. . . . . -
~~
Disposition: Guilty of Original Char- e a P l e a : No C o n t e s t Sentence: Amount: 10.00 L i c e n s e S u s p e n d e d Days: J a i l Time: 60.00
. D i s p o s i t i o n Date:
05/12/1995
Decision: G u i l t y
RECEIVED
Restrictions: End Date: End D a t e :
T r a f f i c Points: S t a r t Date: S t a r t ' Date:
CX3d
Suspended: Amount: 0.00 L i c e n s e S u s p e n d e d Days : J a i l Time: Probation: Type: Probation Officer: Days o n P r o b a t i o n : 730 Comments : Charge: Description: Amnd C h r g : 7Desciipki.on:p... .
S t a r t Date:
05/12/1995
End D a t e :
05/11/1997
2907.24 Soliciting
Speed:
Zone:
Disposition: Guilty of Original Charge P l e a : No C o n t e s t Sentence: Amount: 10.00 L i c e n s e S u s p e n d e d Days :
05/12/1995
Restrictions: End D a t e : End D a t e :
J a i l Time:
60.00
Suspended: Amount: 0.00 L i c e n s e S u s p e n d e d Days: J a i l Time: Probation: Type: Probation Officer: Days o n P r o b a t i o n : 730 S t a r t Date: 05/12/1995 End Date: 05/11/1997
Date: 01/13/2011 CRTR5925
1 2 : 1 2 : 58
Page:
RECEIVED
JAN 18 2011
1 9 9 5 CR B 0 0 9 4 0 S P I Q Comments:
S t a t e of O h i o v s . WRIGHT,
FREDERICK L.
No.
~.~ .~
D a t e of . ~~
P l e a d i n g s Filed, O r d e r s a n d D e c r e e s J o u r n a 1 B o o k : P a g e ~ N b r R e f Nbr O.R. Bond P o s t e d
Amount O w e d l Amount D i s m i s s e d
B a l a n c e Due
~
- - ~ -
~~~
~~
. ~.
1
2
03/24/95
03/24/95
PRE-TRIAL CONFERENCE 0 3 / 2 8 / 9 5 JUDGE:V?ILLIAM E . KESSLER
0 1 : 0 0 PM
03/24/95
Arraignment Chpl WK E
03/24/95
CASE ASSIGNED TO: WEK
03/24/95
CASE FILED
03/24/95
J A I L ARRAIGNMENT
03/24/95
Memorandum SET W/PRELIMINARY HEARING ON CASE 9 5 CRA 9 3 9 s PIQ/MAJ
05/17/95
Change o f P l e a
05/17/95
COURT COSTS
10
05/17/95
COURT COSTS
11
05/17/95
COURT COSTS
12
05/17/95
Timed Payments
13
05/17/95
Fine
14
05/17/95
Fine
15
05/17/95
Fine
16
05/24/95
GUILTY, - REDUCED CHARGE
17
10/2 8/97
.
DEFENDANT SUCCESSFULLY COMPLETED PROBATION / MF

.
T o t a l s By:
***
Cost Fine Information E n d o f R e p o r t ***
Date:
'1/13/2011
12: 13:50
CR.~KSCL;
C a s e Number 1 9 9 5 CR B 0 2 8 3 7 S P I Q Status Closed
. .. . .. . . . . . .. .
-
Judge
~rraignment
.
-
In The.M a t t e r Of
. . .
Action
Domestic Violence
S t a t e of O h i o v s . WRIGHT, FREDERICK L .
arty
WRIGHT, FREDERICK L . DFNDT
Attorneys
RECEIVED
JAN 18 2011
J. SPEER,
'
S G T . JOHN
CPLNT
QBN
GUTMANN, E L I Z A B E T H S Case Type Criminal
GUTMANN, E L I Z A B E T H S
PA
Opened
08/16/1995
,
Disposed Not G u i l t y DOMESTIC VIOLENCE C / O P I Q U A P O L I C E DEPT. PIQUA, OH 4 5 3 5 6 PIQ218 2919.25 Speed:
Comments:
Charge:
Zone:
~ e s c r i ~ t i o nDomestic Violence :
Annd C h r g :
Description:
;,,;iaj;-,iCounty f,fiunicip~l ColiC

. ..... 3; Ohio, Miami Cnunv, 3 s ; i.riz:;;-; cedi!\/ the above lo bi! ;- I;!!.: 3n.d c;aiiei;i copy ~it h e - ,
'.%.
-:..
.
~
. .
- ,..:. ;:-. Claik's dfice0i +i-.,< . ' < ...'

:::
&
~
-3
, , I
. , .. .
A
Disposition:
- . . --.-
G u i l t y of O r i g i n a l Charge
Disposition Date:
10/04/1995
P l e a : No C o n t e s t Sentence:
Decision: Guilty
-Restrictions: End Date: End Date:
mount:
25.00
L i c e n s e Suspended Days:
J a i l Time: 1 8 0 . 0 0
Suspended: Amount: 0.00 L i c e n s e Suspended Days:
Jail Time:
Probation: Type: Probation Officer: D a y s on P r o b a t i o n : Comments: 730 S t a r t Date: 10/04/1995 End Date: 10/03/1997
Date:
01/13/2011
12:13:50
Page:
CR'iX5925 1 9 9 5 CR B 0 2 8 3 7 S P I Q D a t e of
S t a t e o f O h i o vs. WRIGHT,
FREDERICK L .
No.
p l e a d i n g s F i l e d , O r d e r s and D e c r e e s J o u r n a l Book-Page-Nbr Ref Nbr

-~
~ ~ ~ ~~
A m o u n t Owed/ Amount D i s m i s s e d
B a l a n c e Due
-. ... ... . .
1
2
08/16/95
O.R.
B o n d P o s t e d AGREES TO TPO
08/16/95
Arraignment C m p l M H W
CASE ASSIGNED TO: M H W
3
4
08/16/95
08/16/95
CASE F I L E D
5
6
08/16/95
J A I L ARRAIGNMENT
08/17/95
PRE-TRIAL CONFERENCE 0 9 / 0 6 / 9 5 JUDGE: WILLIAM E . KESSLER NOTE: MUST BE PRESENT!
08:07 A M DEFENDANT
09/07/95
1 0 : 1 5 AM COURT T R I A L 1 0 / 0 4 / 9 5 JUDGE: WILLIAM E . KESSLER NOTE: DEFENDANT MUST BE PRESENT!
09/13/95
P r e c i p e SUBPOENA I S S U E D FOR YOLANDA WRIGHT, JOHN J. SPEER, JAMES B . MACKELLAR.
03/14/95
B A I L I F F S E R V I C E SUBPOENA SERVED TO JOHN J. SPEER AND JAMES B'. MACKELLAR.
09/15/95 B A I L I F F S E R V I C E SUBPOENA SERVED TO -_YQLANDA_WRLG-
09/15/95
TPO RELEASED/SMU
10/04/95
COURT COSTS
10/04/95
Timed Payments
10/04/95
Fine
T o t a l s By:
***
Cost Fine Information E n d of R e p o r t * * *
RECEIVED
JAN 18 2011
QBN
D a t e : 01/13/2011 Cfi~R5S25
-
12:14:17
Page: 1
Case Number 1998 T C 05405 S PIQ R I n The M a t t e r Of
Status Closed
Judge -
Kessler, W i l l i a m E
Action D r i v i n g Under I n f l u e n c e of A l c o h o l o r Drugs Attorneys
S t a t e o f Ohio v s . WRIGHT, FREDERICK L.
Party -
WRIGHT, FREDERICK L.
H . NICODEMUS,
DE'NDT
RECEIVED
JAN 18 2011
SGT. RICHARD
CPLNT P A GUTMANN, ELIZABETH S Case Type Traffic
8BN
Opened
05/04/1998 Comments:
Disposed G u i l t y Orq. Charge

D U I / . 132% B C A C / O PIQUA POLICE DEPT.
PIQUA, OH PIQ210 RM282806 Charge: Description: Amnd Chrg: Description: 4511.19Al
45356 Party film: Speed: Zone:
D r i v i n g Under I n f l u e n c e o f A l c o h o l o r Drugs
?b$i2ifii C35r;V fv!ui-,isi.~ai court
< : , L ,
:v:\;:i~~,i CGilnpf, Sas 1 ;..:.,-!...: j c-+::;r i:.:. ,!js.;-,,<-to bs ..., ... c;f.,; ,,,, ?. k!ic axifjoi=>@he C I. ~. I . . . 0 , in the Cln:k's efticeof ' , . ! : L A
d
s.:> D:lir, 1.:of
D i s p o s i t i o n : G u i l t y of O r i g i n a l Charge P l e a : No C o n t e s t Sentence : Amount: 350.00 L i c e n s e S u s p e n d e d Days: J a i l Time: 1 8 0 . 0 0 Suspended: Amount: 0.00 L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation Officer: Days on P r o b a t i o n : 730 Comments : Charge: 4511.19A3
Disposition D a t e : Decision: G u i l t y Traffic Points:6 S t a r t Date: S t a r t Date:
06/10/1998
Clerk
DepuPf
Restrictions: End D a t e : End Date: 10/29/1998
05/02/1998
S t a r t Date:
06/10/1998
End Datk;
06/09/2000 Zone:
Speed:
Date: 01/13/2011 CRTR5925
12:14:17
Page: 2
1998 TR C 05405 S PIQ Description: Amnd Chrg: Description: In Excess
State of Ohio vs. WRIGHT, FREDERICK L.
RECEIVED
Disposition: Dismissal Plea: Dismissed Sentence: Amount : License Suspended Days: Jail Time: Suspended:
Amount:
Disposition Date:
06/10/1998
jAN 2011 l8
Decision: Dismissed Traffic Points: Start Date: Start Date: Restrictions: End Date: End Date:
OBN
License Suspended Days: Jail Time: Probation: Type: Probation Officer: Days on Probation: Comments: No.
-
Start Date:
End Date:
Date of 05/04/98 05/04/98 05/13/98 05/13/98
Pleadings Filed, Orders and Decrees CASE FILED CASE FILED O.R. Bond Posted
,
Amount Owed/
- -Wmlnti)&hee;-
Balance Due
. -
-- - - - -~.&&~ek+age4lL-;Re&N--
---
1
2
0.00 0.00 1.00
0.00 0.00 1.00
3
4
PRE-TRIAL CONFERENCE 06/10/1998 08:Ol AM JUDGE:RILLIAM E. KESSLER L0C:PIQUA COURT 0.00 0.00 0.00 0.00
5 6 7
05/13/98 ARRAIGNMENT WEK 05/13/98 CASE ASSIGNED TO: WEK
05/19/98 ORDER GRANTING STAY OF ALS PENDING APPEAL SIGNED BY WEK / VAC 06/10/98 Change of Plea 06/10/98 COURT COSTS
Date: 01/13/2011 CRTR5925
12:14:17
Page: 3
1998 T C 05405 S P I Q R No. D a t e of
S t a t e o f Ohio v s . WRIGHT, FREDERICK L. Amount Owed/ Amount Dismissed B a l a n c e Due
P l e a d i n g s F i l e d , O r d e r s a n d Decrees Ref Nbr J o u r n a l Book-Page-Nbr GUILTY
10
11
06/10/98 06/10/98 06/10/98
ORIGINAL CHARGE
Timed Payments Fine
12 13
04/16/02 Defendant S u c c e s s f u l l y Completed P r o b a t i o n . dm
T o t a l s By:
***
Cost Fine Information End of R e p o r t ***
81.00 350.00 0.00
81.00 350.00 0.00
RECEIVED
JAN f 8 Zi;::
Date: 01/13/2011 CRTR5925
12:14: 39
Case Number 2003 TR C 13333 I f - n The M a t t e r O
Status Closed
Judge
Gutmann, E l i z a b e t h S Action Driving Under I n f l u e n c e of Alcohol o r Drugs Attorneys Defender, P u b l i c
S t a t e of Ohio v s . Wright, F r e d e r i c k L
Party Wright, F r e d e r i c k L.
DN T FD
RECEIVED
JAN 1 8 2011
Thomas, William D .
CPLNT
Slyman, J e f f r e y D .
QBM
Disposed G u i l t y Org. Charge Case Type Traffic
Opened 09/09/2003 Comments : Charge: Description: 4511.19Al
Speed:
il,i:.i..,.k 3 i >,:: !.;G[~I-,;\I
:,
i
Zone:
!!i,:ri2i;x!
Cog<
D r i v i n g Under I n f l u e n c e of Alcohol o r Drugs
..... .. ?!I~:.,
:
Amnd Chrg: Description:
c;f Qhi3, M i ~ r nCount!$, as i -i:.y cur)i+j, ih2 zS3me be to

in S!e Cinik's otiice o f
Guilty of o r i g i n a l Charge .- - -.- ... . .. . .Plea: N Contest o Sentence: Amount: 350.00 License Suspended Days:730 J a i l Time: 180
Disposition:
10/17/2003
-
. . .- -- - -- - -. - . . - . . . -
. -
Traffic Points:6 S t a r t Date: S t a r t Date:
Restrictions: End.Date: End Date: 09/04/2005
09/06/2003
Suspended: Amount : License Suspended Days: J a i l Time: Probation: ~ype: Probation O f f i c e r : Days on P r o b a t i o n : Comments : Charge: Description: Amnd Chrg: S t a r t Date: End Date:
4511.19A3 I n Excess
Speed:
Zone :
Date: 01/13/2011 CRTR5925 2003 T C 1 3 3 3 3 R Description:
12:14:39
S t a t e of Ohio v s . ' W r i g h t , F r e d e r i c k L.
Disposition:
Dismissal
D i s p o s i t i o n Date: Decision: Dismissed
10/17/2003
P l e a : Not G u i l t y Sentence: Amount : L i c e n s e Suspended Days: J a i l Time:
T r a f f i c Points:O S t a r t Date: S t a r t Date:
Suspended: Amount: L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation Officer: Days on P r o b a t i o n : Comments : Charge: Description: Ymnd Chrg: Description:
-
S t a r t Dabe:
End D a t e :
73.10*/PIQ Speeding
Speed: 5 1
Zone: 40
. .
~ . ..
Disposition: Dismissal P l e a : Not G u i l t y Sentence: Amount: L i c e n s e Suspended Days : J a i l Time:
Disposition Date: Decision: Dismissed
10/17/2003
Restrictions: End D a t e : End D a t e :
Suspended: Amount: L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation Officer: Days on P r o b a t i o n : Comments : S t a r t Date: End D a t e :
Date: 01/13/2011
12:14:39
.
~
Docket S h e e t Summary F r e d e r i c k L.
Page: 3
CRTR5925 2003 T C 13333 R No. 1 Date o f
RECEIVED
JAN 18 2011
S t a t e of Ohio v s . Wriqht,
Pleadings F i l e d , Orders and Decrees J o u r n a l Book-Page-Nbr Ref Nbr
Amount Owed/ Amount D i s m i s s e d 0.00
B a l a n c e Due
C5PJ
09/09/03 Arraignment Event: A r r a i g n m e n t Date: 0 9 / 1 7 / 2 0 0 3 Judge: A r r a i g n m e n t 0 9 / 0 9 / 0 3 Case F i l e d 0 9 / 0 9 / 0 3 Case F i l e d 0 9 / 0 9 / 0 3 Case F i l e d
0.00
Time: 9:00 am L o c a t i o n : PIQUA COURT
3
4 5
09/11/03 P r e t r i a l Conference Event: P r e - T r i a l C o n f e r e n c e Time: 8:00 a m Date: 1 0 / 0 8 / 2 0 0 3 J u d ~ e : Gutmann. E l i z a b e t h S ~ocation: PIQUA COURT ~ e c e i ~ 105109 D a t e : t: 12/30/2003 0 9 / 1 7 / 0 3 O.R. Bond P o s t e d Charge #1: D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105109 Date: 12/30/2003 0 9 / 1 7 / 0 3 Case A s s i g n e d t o Judge Gutmann 0 9 / 1 7 / 0 3 F i l e s e n t t o J u d g e Gutmann 0 9 / 2 2 / 0 3 N o t i c e o f Appearance f i l e d b y P u b l i c
. -
7 8 9 & -. d e r i 10 11
0.00 0.00
. -
0.00 0.00
1 0 / 0 6 / 0 3 L e t t e r from D e f e n d a n t t o J u d g e Gutmann 1 0 / 1 6 / 0 3 Change o f P l e a Event : Change. o f P l e a T i m e : 9 : 3 0 am Date: 1 0 / 1 7 / 2 0 0 3 Judge: Gutmann, E l i z a b e t h S Location: COURTROOM 3 Charge # 1 : D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105109 Date: 1 2 / 3 0 / 2 0 0 3 10/17/03 Court c o s t s Charge # 1 : D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105109 Date: 1 2 / 3 0 / 2 0 0 3 10/17/03 Fine Charge #1: D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105109 Date: 12/30/2003 R e c e i p t : 108641 Date: 02/27/2004 10/17/03 F i l e t o Jaemie 1 0 / 2 0 / 0 3 Jaemie H o l d i n g F i l e . jlk
0.00
0.00
12
13
14 15
Date: 01/13/2011 CRTR5925 2003 TR C 13333 No. D a t e of
12:14:39
S t a t e o f Ohio v s . W r i g h t , F r e d e r i c k L . Amount Owed/ Amount D i s m i s s e d 0.00 B a l a n c e Due
P l e a d i n g s F i l e d , Orders and Decrees J o u r n a l Book-Page-Nbr Ref Nbr
16
1 0 / 2 0 / 0 3 Commitment t o j a i l f o r c r e d i t . Commitment 10/2G2003 Sent on: 09:50:53
0.00
17
1 0 / 3 1 / 0 3 Commitment r e t u r n e d w i t h c r e d i t Defendant r e l e a s e d . jlk
0.00 0.00
18
1 1 / 1 0 / 0 3 D e f e n d a n t p l a c e d on Phase 2 P r o b a t i o n . 26 d a y s j a i l c r e d i t up t o O c t o b e r 23, 2003 1 1 / 1 0 / 0 3 F i l e t o J u d g e Gutmann 11/19/03 Defendant c a l l e d i n q u i r i n g a s t o d r i v i n g privileges. Defendant n e e d s t o t a k e a remedial d r i v i n g c l a s s because he's c u r r e n t l y under a twelve-point suspension a n d p a y a n y r e i n s t a t e m e n t f e e s . Once t h e s e t h i n g s a r e accomplished t h e n he i s hereby granted d r i v i n g p r i v i l e g e s . 11/19/03 F i l e t o C l e r k ' s o f f i c e 12/02/03 Amended n o t a t i o n s : Defendant i s g r a n t e d d r i v i n g p r i v i l e g e s t o and from h i s Adult Education Classes; t o and from c h i l d r e n ' s s c h o o l and r e l a t e d c h i l d r e n ' s a c t i v i t i e s ( e . g . b a s k e t b a l l p r a c t i c e ) ; t o a n d from
. ---nl-344cct .
; 1
13 20
0.00 0.00
0.00 0.00
21 22
0.00 0.00
0.00 0.00
a p p o i n t m e n t s ; t o a n d from g r o c e r y a n d g a s station. 23 24 0 3 / 2 6 / 0 4 D e f e n d a n t S u c c e s s f u l l y Completed P r o b a t i o n . 03/30/05 F i l e t o C l e r k ' s o f f i c e - d r i v i n g p r i v i l e g e s approved. 0 6 / 3 0 / 0 5 E n t r y / O r d e r Renew D r i v e r ' s L i c e n s e While Under S u s p e n s i o n s i g n e d by J u d g e Gutmann. 0.00 0.00 0.00 0.00
25
T o t a l s By:
***
Cost Fine Information End o f R e p o r t ***
RECEIVED
-IAN 18 2011
OBN
Date:
01/13/2011
12:14:49
CRTR5925
Case Number 2003 TR C 14110 I n The M a t t e r Of S t a t e of Ohio v s . Wright,
Status
Closed
Judge
Gutmann, E l i z a b e t h S Action
Frederick L.
Driving Under I n f l u e n c e of Alcohol o r Drugs Attorneys Defender, P u b l i c
Party Wright,
Frederick L.
DN T FD
RECEIVED
JAN 18 2011
Madigan, C h r i s A.
CPLNT
c a i d w e l l , David J
P A Case Type Traffic
OBM
Opened
09/29/2003 Comments : Charge: Description: 4511.19A1
Disposed G u i l t y Org. Charge
Speed:
Zone:
Driving Under I n f l u e n c e of Alcohol o r Drugs
!Miami County Municipal Court
Amnd Chrg: Description:
State of Ohio, Miami County, as i hereby ceriify the above to be

fiicd in the Clerk's office of
Plea: N Contest o Sentence: Amount: 350.00 L i c e n s e Suspended Days:730 J a i l Time: 180
Decision: Guilty
Traffic Points:6 S t a r t Date: S t a r t Date:
Restrictions: End Date: End Date: 09/26/2005
09/28/2003
Suspended: Amount : L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation O f f i c e r : Days on P r o b a t i o n : Comments: Charge : Description: Amnd Chrg: S t a r t Date: End Date:
4507.02D Driving ,Under Suspension
Speed:
Zone:
Date:
01/13/2011
'
12: 1 4 : 49
~ o c k e tS h e e t Summary
CaTR5925 2003 TR C 14110 Description:
S t a t e o f Ohio v s . Wright, F r e d e r i c k L.
Disposition: Dismissal P l e a : Not G u i l t y Sentence: Amount: L i c e n s e Suspended Days: J a i l Time:
D i s p o s i t i o n Date: D e c i s i o n : Dismissed
10/17/2003
RECEIVED
JAN 18 2011
Suspended: Amount: ~icense Suspended Days : J a i l Time: Probation: Type: Probation O f f i c e r : Days o n P r o b a t i o n : Comments: Charge: Description: Amnd Chrg: Description : S t a r t Date: End Date:
OSN
4511.22 Slow S p e e d
Speed:
Zone:
Disposition:
Dismissal
D i s p o s i t i o n Date: Decision: Dismissed
10/17/2003
P l e a : Not G u i l t y Sentence: Amount: L i c e n s e Suspended Days: J a i l Time:
Suspended: Amount: L i c e n s e Suspended Days: J a i l Time: Probation: Type: Probation O f f i c e r : Days on P r o b a t i o n : Comments: Charge: S t a r t Date: End D a t e :
4513.263
Speed:
Zone:
Date:
01/13/2011
12:14: 49
Page: 3
CRTR5925 2003 TR C 14110 Description: Amnd C h r g : Description: S t a t e o f Ohio v s . W r i g h t ,
F r e d e r i c k L.
Occupant R e s t r a i n i n g Devices-Driver
RECEIVED
JAN 18 2011
D i s p o s i t i o n Date: Decision: Dismissed 10/17/2003
Disposition: Dismissal P l e a : Not G u i l t y Sentence: Amount : L i c e n s e S u s p e n d e d Days: J a i l Time:
QBN
T r a f f i c Points:O S t a r t Date: S t a r t Date:
Suspended: Amount :
. .
L i c e n s e S u s p e n d e d Days: J a i l Time: Probation: Type: Probation Officer: Days o n P r o b a t i o n : Comments :

~~ ~
S t a r t Date:
End Date:
No. ---
Date o f
P l e a d i n g s F i l e d , Orders a n d Decrees
& a k
Amount Owed/
~
-
B a l a n c e Due
r ~ d
09/29/03 J a i l Arraisnment i Event: ~ a i Arraignment Date: 09/29/2003 Time: 8:00 am Judge: Arraignment L o c a t i o n : LARGE COURTROOM
0.00
0.00
09/29/03 Case F i l e d
09/29/03 Case F i l e d
4
5
0 9 / 2 9 / 0 3 Case, F i l e d
09/29/03 Case F i l e d
09/29/03 P r e t r i a l conference Event: P r e - T r i a l Conference Time: 8 : 0 0 am Date: 10/16/2003 J u d g e : Gutmann, E l i z a b e t h S Location: COURTROOM 3 R e c e i p t : 105108 D a t e : 12/30/2003
D a t e : 01/13/2011 CRTR59i5 2003 TR C 14110 No. Date o f
1 2 : 1 4 : 49
Page: 4
RECEIVED
JAN b8 2011
Amount Owed/ Amount D i s m i s s e d Balance
S t a t e of Ohio v s . Wright,
Frederick L.
Pleadings F i l e d , Orders and Decrees J o u r n a l Book-Page-Nbr Ref Nbr
@BN
0 9 / 2 9 / 0 3 Cash commitment $20,000 c a s h Charge t l : D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105108 Date: 12/30/2003 0 9 / 2 9 / 0 3 O.R. Bond P o s t e d Charge #2: D r i v i n g Under S u s p e n s i o n R e c e i p t : 105108 Date: 12/30/2003 0 9 / 2 9 / 0 3 O.R. Bond P o s t e d Charge t 3 : Slow Speed Date: 1 2 / 3 0 / 2 0 0 3 1.00 R e c e i p t : 105108 0.00
10
09/29/03 O.R. Bond P o s t e d Charge 84: S e a t b e l t - D r i v e r 105108 D a t e : 12/30/2003 0 9 / 2 9 / 0 3 Case A s s i g n e d t o Judge Gutmann
~ e c e i ~ t :
11
0.00 0.00
0.00 0.00
12
1 0 / 0 2 / 0 3 N o t i c e o f Appearance f i l e d by P u b l i c Defender 1 0 / 0 6 / 0 3 L e t t e r f r o m D e f e n d a n t t o Judge Gutmann 1 0 / 1 6 / 0 3 Change o f P l e a E v e n t : Change o f P l e a Time: 9:30 am Date: 1 0 / 1 1 / 2 0 0 3 Judge: Gutmann, E l i z a b e t h S Location:
13 14
0.00 5.00
0.00 0.00
cI3maw
- -- - -
Charge d l : D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105108 D a t e : 12/30/2003 15 10/17/03 Court c o s t s Charge #1: D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105108 Date: 1 2 / 3 0 / 2 0 0 3 10/17/03 Fine Charge #1: D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105108 Date: 1 2 / 3 0 / 2 0 0 3 1 0 / 1 1 / 0 3 Timed Payments Charge #1: D r i v i n g Under t h e I n f l u e n c e R e c e i p t : 105108 Date: 1 2 / 3 0 / 2 0 0 3 10/17/03 F i l e t o Jaemie 1 0 / 2 0 / 0 3 Jaemie H o l d i n g F i l e . jlk jlk 350.00 0.00
16
17
18 19 20 21
1.0/20/03 Commitment t o j a i l f o r c r e d i t . 1 0 / 3 1 / 0 3 Commitment r e t u r n e d w i t h c r e d i t Defendant r e l e a s e d . j l k
D a t e : 01/13/2011 CaTR5925 2003 TR C 14110 No. Date o f
12:14:49
S t a t e o f Ohio v s . Wright, F r e d e r i c k L . Amount Owed/ Amount D i s m i s s e d 0.00 B a l a n c e Due
P l e a d i n g s F i l e d , Orders and Decrees J o u r n a l Book-Page-Nbr Ref Nbr
22
11/10/03 D e f e n d a n t p l a c e d on Phase 2 P r o b a t i o n . 26 d a y s j a i l c r e d i t up t o O c t o b e r 23, 2003 11/10/03 F i l e t o Judge Gutmann 1 1 / 1 9 / 0 3 Defendant c a l l e d i n q u i r i n g a s t o d r i v i n g p r i v i l e g e s . Defendant n e e d s t o t a k e a remedial d r i v i n g c l a s s because h e ' s c u r r e n t l y under a t w e l v e - p o i n t s u s p e n s i o n a n d p a y any r e i n s t a t e m e n t f e e s . Once t h e s e t h i n g s a r e accomplished t h e n h e i s hereby granted driving privileges. Amended n o t a t i o n s : Defendant i s g r a n t e d d r i v i n g p r i v i l e g e s t o and from h i s A d u l t E d u c a t i o n C l a s s e s ; t o a n d from c h i l d r e n ' s s c h o o l and r e l a t e d c h i l d r e n ' s a c t i v i t i e s ( e . g . b a s k e t b a l l p r a c t i c e ) ; t o and from doctor's o f f i c e f o r medical/dental a p p o i n t m e n t s ; t o a n d from g r o c e r y a n d g a s station. 11/19/03 F i l e t o C l e r k ' s o f f i c e 12/02/03 Amended n o t a t i o n s : Defendant i s g r a n t e d d r i v i n g p r i v i l e g e s t o and f r o m h i s A d u l t E d u c a t i o n C l a s s e s ; t o and from c h i l d r e n ' s school and r e l a t e d c h i l d r e n ' s a c t i v i t i e s ( e . g . b a s k e t b a l l p r a c t i c e ) ; t o and from doctor's o f f i c e f o r medical/dental a p p o i n t m e n t s ; t o a n d from g r o c e r y a n d g a s
. .- -- - - - - - ..
-.
0.00
23 24
0.00 0.00
0.00 0.00
RECEIVED
JAN 18 2011
OBN
25 26
- . .- -
-.
27
12/03/03 Proof o f i n s u r a n c e provided by Defendant t o g e t driving privileges 12/04/03 F i l e t o C l e r k ' s o f f i c e 0 3 / 2 6 / 0 4 D e f e n d a n t S u c c e s s f u l l y Completed P r o b a t i o n . 09/02/04 P e t i t i o n For L i m i t e d D r i v i n g P r i v i l e g e s To J u d g e Gutmann L i m i t e d D r i v i n g P r i v i l e g e g r a n t e d by J u d g e Gutmann. R e c e i p t : 120306 Date:
0.00
0.00
28 29 30
0.00 0.00 0.00
0.00 0.00 0.00
31
09/08/04
0.00
0.00
32
09/09/04 D r i v i n g p e r m i t 09/09/2004
5.00
0.00
33
0 3 / 2 3 / 0 5 P e t i t i o n For L i m i t e d D r i v i n g P r i v i l e g e s To J u d g e Gutmann 03/30/05 File t o Clerk's office - driving p r i v i l e g e s approved.
0.00
0.00
34
Date: 01/13/2011 CRTR5925 2003 TR C 14110
1 2 : 1 4 : 50
Page:
S t a t e o f Ohio v s . W r i g h t ,
Frederick L
No.
Date o f
P l e a d i n g s F i l e d , Orders and Decrees Ref Nbr J o u r n a l Book-Page-Nbr
Amount Owed/ Amount D i s m i s s e d
B a l a n c e Due
35
04/01/05 D r i v i n g p e r m i t 04/01/2005
R e c e i p t : 133526
Date:
36
0 6 / 1 4 / 0 5 E n t r y / O r d e r Renew D r i v e r ' s L i c e n s e W h i l e Under S u s p e n s i o n
T o t a l s By:
***
Cost Fine Information End o f R e p o r t **'
RECEIVED
JAN 18 2011
OBN
OKLAFlOM.4 BOARD O F NURSING 2 9 1 5 N. ClassenBlvd., Suite 5 2 4 O k l a h o m a City, OK 73106 (405) 962-1800
T Y P E O R P R I N T I N B L A C K INK O N L Y
I hereby make application for licenslre as a Registered NurseLicensed Practical Nurse in accordance with the statutes of the State of Oklahoma (59 O.S. 567.1-567.1n.
S E C T I O N 1: AI'PLICANT INl;OHI\IA'L'ION
"" ' 7
Female Male
Temporary License Requested:
No
I 1
1'
-
Social Security# _
Advanced Practice Nurse: Yes No (ARNPs, ChX4s, CNSs, andCRNAs must submit an Applicolionfor Adtranced Practice Recog?iilior~ in addition to the endorsement application). ,
Fint
MYfiil legal name is
&TlcK
16015
Middle Maidcn (If applicable)
Lart
I
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Name to appear on license: (3 Full Narna) Mailing Address is:

1
Pt 0 , @ 756 $ :
Slate
Middlc
bd
*
City
'Box number or Street Address
[W I
,
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Email address
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. @tuklC"-'pcory ~ PlaceLof Birrh ~ h ~ , Qkerd k

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QC
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Telephone Nktmber
sw
-3b77
>lull
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Birth
at&
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:. , . . . .,* " . ,.'.,... . : . . . . . . . ~ I : : ~ : ~ D ~ ~ ~ ~ I ~ ~ ~ ; ~;.~.~~:;:.~:,;:::;..:;;<;:(.';~.; , . : !2,T:;..i:;:.,;;+~:. :~:,:,.;,~:,;;:i . , ; ~ ; . ; ~
,.....
, & S -- I ( . ~ - . K - ~ $ ~ M W ~
Date of high school graduation
G - ( - 1723
or Date of GED
Name of nursing education program from wbic 4 u graduate Campus Location ~ ~ ~program: f L e o
9Y ' m d s ]
.
h sAool aFPOlg\h '

.. .
Bachelor's Degree Other
I
,. . ~~ .i
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P N
&to
~ Associate Degree
Date you entered program
5 m0'3
MoNr
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. : +
,
Date you completed program

: .-
b -? MoIYr
.
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. . :?tzsE;GTIQN - ~ - .~ :~~-.e.,*%>.: ~ ~ ~ ~ . ~ ~ ~ ; : 2~~~i~;~~:~;~3::z::;-4:>-;c~~. L ~ 5t;#;sJ , ~. ; ~ : . = ;,<<<;;:~;:;:L;$:;;,:%J;>p:$;;~z:..,:-: . .~...,-~.;,:~*-,..: .--..~,.. -& , ..., ,,N -*.:*, ~.,.~..7>*.2>,., .*.,:....:.!O ;R .?~Y~s.:P.,.s+-:\; . ; :,r~ , ~ ; ~ ~ :: . . -. . : <.,FT *, ..,,<v. ., .:*:-,;.:.:.;~ . , ,. :.... ; i >. . , . .-, ., . ., <+:.: . : ...,>rr+ ; , ;.> : ., , .c,5*s +ls.<:c:*:~..;.<*;
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Statelcountry of Original licensure
ah10 1
I
US&
Original License No. (Ifyes, check one)
II
Have you ever been licensed in Oklahoma? List all other states in which you are licensed: Number
Yes State
RN
LPN
____ Number
StateState
Number Number
I
I
S t a t e Number
List other last names under which you have been license
RS-04
Page
10
List name and address of last nursing em
3 ~,t-t-~~-hName of Employer, Position Title
er, your position, title, and dates of employment
.
kus~t
U '
$1 87
Address
D~cdt.
l a -(0-2007
No
'
I, - t o -Z~JIO
Yes
Inclusive Dates of ~ & ~ l o ~ m e n t
Are you currently practicing as an R N n P N in Oklahoma? If yes, give name and address of employer:
Verification of Continuing Oualifications for Practice
I verify that I have maintained continued qualifications for practice through completion of one or more of the follow~n ( heck all of the following that apply. You must submit the requested documentation in order for your application to be considered):
OS&
I have coinpleted a refresher c o m e within the last two years with content consistent with Board Policy.
(Please request that the institution offering the Oklahoma Board of Nursing approved refresher course submit an official transcript or certificate of completion.)
I want to take the National Council Licensure Examination (NcLEX).~leasesend me a registration form. I nnderstand that my 'application will not be processed until the examination is successfully passed.
I have conlpleted at least seven (7) academic semester credit hours (or 105 contact hours, for LPNs enrolled in practical nursing) of nursing courses within the last hvo years which include classroom and clinical insbuction. (Please request that the j d ' u c a t i o n institution submit an official transcript to the Oklahoma Board of Nursing.)
'#
I am licensed in another state and have been employed in that state in a position requiring nursing licensure for a minimum of 520 work hours in the past two years (Please request that an Bittployntal Ver$ica!bn Fornt be completed hy your employer and submitted directly to the Board office.)
I have taken the NCLEX examination within the last hvo vears. I understand that Oklahoma reauires comoletion of the nursing ._.-~~!~~catiu~~.pro~r~mwitl~in~~uo.y.v;ns ol'initial.appl/~;?tjono c l i c e n s ~ y cxaininxionqr at least six rn~nihs r h work c~penence . ill the state oforip,in;ll licensure. (If yo11took t l ~ NCI.EX e x n ~ ~ ~ i ~ t bvithin ~ l ~ e hvo years, plrnse r e q ~ l r \ that cill~er n r a l i o i t last l n official transcript be submitted from your nursing education program o r a n Entp[oy~ttenl e ~ i ~ i c a t iFont, be completed ~ ort and submitted directly to the Board Office by your employer).
Photograph must meet the following guidelines: Size 2" x 2" with minimum 1" full face view without glasses; Neutral background; light colored clothing; Signed and dated on the front. Do not sign across the face.
2 . .
Page 11
am a U.S. citizen. An Evidence of Status Form and documentation order for the application to be complete.
identified on the form must be submitted in
I am a U.S. national. An Evidence ofStutus Form and documentation as identified on the form must be submitted in orderfor the application to be complete, I am a legal permanent resident alien. An Evidence of Status Form and documentation as identified on the form ntust be subrnitted in , order for the application to be complete. I am a qualified alien. Please bring the Evidence of Status Fornt, original unexpired docume~ztation alien status, and of your co~npleted application to the Board office.
I
I
I.
2.
Have you ever been al~ested any offense in any state, territory, or counhy, including for expunged offenses, with the exception of minor traffic violations? (h4inor traffic violations do not include DUI.) Have you ever been convicted of any offense in any state, territory, or countly, including expunged offenses, with the exception of minor traffic violations?
y e s /
NO"
I I
Have you ever been convicted of a felony in any state, territory, or country?
5.
Yes
Have you ever had disciplinary action taken against your nursing license, recognition, or certificate; any health-related license, recognition, or certificate; or any application for a nursing or health-related license, recognition, or celtificate in any state, territory or country? Have you ever been judicially declared incompetent in any state, territory, or country? If any answer to any question #I through #4 is yes, please submit a letter of description and certified copies of the Information Sheet, Charges, Judgment and Sentence, o r a certified copy of the Order of Expungement. If you answered yes to question #5, please submit a letter of description and certified copies of the chargeslcomplaints, findings of fact, and orders of the Board. If )'ot~answered yes to question #6, please submit a letter of description and a certified copy of the Court Order.
6.
Page 12
Please check each of the following to verify your understanding:
/ I
understand that I must sign the application using my full legal name in the presence of a Notary Public. I understand that I must attach a check or money order for $85.00 @lus an additional $10.00 if a temporary license is requested) to my application form prior to submission.
lp'
I understand I must tape an original 2 x 2 photograph with my signature and date to the application form.
I understand that I must attach an original Criminal Histoty Records Search completed by the OSBI within the last 90 days prior to receipt of my application in the Board office.
d u d e r s t a n d that if I am a US. citizen, naiional, of permanent legal resident alien, I must attach a Evidence of n Status Form and a photocopy of supporting documentation. If I am a 'qualified alien, I must bring an Evidence of Status Form and original unexpired copy of supporting documentation to theBoard office. #I understand that, If I am licensed in another U.S. state o; territory, I must request that my original state of licensure provlde a uenficatlon of my license status, education, and completion of the licensure examination to the Oklahoma Board of Nursing.
#i
understand that my employer must submit an Employment Verification Fomt and a job description directly to the Oklahoma Board of Nursing or that the educational program providing the required refresher course or educational hours must submit an official transcriptlor certificate of completion. If not, I must verify I have completed tlie NCLEX within the last 2 years or have requested a registration form on the application. I understand that if I've taken the NCLEX within the past hvo years and completed my nursing education greater than two years prior to taking the NCLEX, my employer must submit verification that I have at least six months work e perience as a licensed nurse.
K'
-~
I understand that if I answer "yes" to any question from #1 through #6, I must attach an original letter of description ithm~~i~-a&~nd-~.e~fi~~&~pi~s-&~.~~~~~ar8-orde-~
'AFFIDAVIT
(Sign full name - No initial- DO NOT PRTNT - If no middle name, indicate "NMN"
I declare and affirm that the statements made in this application, including accompanying documents, are true, complete and correct. I understand that any false or misleading information in, or in connection with, my
application, may because for denial or loss of licensurq. Signature of Applicant: Middle Maiden (if Last I certify t h i t ' o v ' t b e date set forth below, the individual name above appear personally before me and that I did identify this. ap'hli&nt by: (a) comparing h i s h e r physical appearance with the photograph or the identifying dqcument p r q e i t q d by the applicant and with the photograph affixed hereto, and (b) cornpaling the applicant's sworn to before m
*
M y Cbtri%i.&ion Expires: RS-04 Page 13 03/24/2008
Dale
I certify this to be a true copy of the records on file w ~ t h lh
Case #11-004487; 11-004562
May 18, 2012

Renee Elizabeth Yatson, L.P.N. 5322 Columbia Road Medina, Ohio 44256 Dear Ms. Yatson: In accordance with Sections 2929.42 and/or 3719.12 of the Ohio Revised Code (ORC), the Ohio Board of Nursing (Board) has been notified that, on or about March 27, 2012, in Summit County Court of Common Pleas Case Number CR 11 12 3362, you pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1)/(2)(3), ORC; and one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23, ORC, and were subsequently found eligible for Intervention in Lieu of Conviction. Section 3719.121(C), ORC, states in pertinent part as follows: On receiving notification pursuant to Section 2929.42 or 3719.12 of the Revised Code, the board under which a person has been issued a license, certificate or evidence of registration immediately shall suspend the license, certificate, or registration of that person on a plea of guilty to, a finding by a jury or court of the person's guilt of, or conviction of a felony drug abuse offense; a finding by a court of the person's eligibility for intervention in lieu of conviction; a plea of guilty to, or a finding by a jury or court of the person's guilt of, or the person's conviction of an offense in another jurisdiction that is essentially the same as a felony drug abuse offense; or a finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction. Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1)/(2)(3), ORC; and one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23, ORC, constitute felony drug abuse offenses as defined in Section 2925.01, ORC. WHEREFORE, PURSUANT TO SECTION 3719.121(C), ORC, YOU ARE HEREBY NOTIFIED THAT YOUR LICENSE TO PRACTICE NURSING AS A LICENSED PRACTICAL NURSE, PN-116544, IS HEREBY SUSPENDED. Continued practice after
Renee Elizabeth Yatson, L.P.N. Page 2 receipt of this notice of suspension shall be considered engaging in the practice of nursing without a current, valid license, which is a violation of Section 4723.03(B), ORC. You are further notified that in accordance with Chapter 119, ORC, the Board proposes under authority of Section 4723.28, ORC, to deny, permanently revoke, revoke, suspend or place restrictions on your license to practice as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation for the following reasons: 1. On or about March 27, 2012, in Summit County Court of Common Pleas Case Number CR 11 12 3362, you pled guilty to one (1) count of Theft of Drugs, a felony of the fourth degree, in violation of Section 2913.02(A)(1)/(2)(3), ORC; and one (1) count of Illegal Processing of Drug Documents, a felony of the fourth degree, in violation of Section 2925.23, ORC, and were subsequently found eligible for Intervention in Lieu of Conviction. The acts underlying this case occurred on or about November 4, 2011, and involve you obtaining Dilaudid (Oxymorphone) from the owner to wit: Copley Health Center/patient 107927 without the consent of the owner or person authorized to give consent, and/or beyond the scope of consent, and/or by deception. Further acts involve you knowingly making a false statement in any prescription, order, report or record required by Chapter 3719 or 4729, ORC, said drug involved being Dilaudid (Oxymorphone). Section 4723.28(B)(4), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, any felony. Section 4723.28(B)(5), ORC, authorizes the Board to discipline a licensee for conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law. 2. On or about November 9, 2011, you admitted to a Board Compliance Agent that, while working as a nurse at Copley Health Center, Copley, Ohio, in or about November 2011, when you noticed that one (1) Dilaudid tablet was missing from a patients stock, you decided to flush the remaining ten (10) tablets of Dilaudid down the toilet. You admitted that you destroyed the controlled substances record sheet associated with these tablets of Dilaudid. After being shown the Narcotics Count Sheet, you admitted that you also falsified this record.
Section 4723.28(B)(16), ORC, authorizes the Board to discipline a licensee for violation of Chapter 4723, ORC, or any rules adopted under it. Specifically, Rule 4723-4-06(G), Ohio Administrative Code (OAC), states that a licensed nurse shall not falsify any client record
Renee Elizabeth Yatson, L.P.N. Page 3 or any other document prepared or utilized in the course of, or in conjunction with, nursing practice. This includes, but is not limited to, case management documents or reports or time records, reports, and other documents related to billing for nursing services. Rule 4723-406(H), OAC, states that a licensed nurse shall implement measures to promote a safe environment for each client. Accordingly, the Board is authorized to impose one or more of the sanctions as cited in Section 4723.28, ORC. In accordance with Chapter 119, ORC, you are hereby informed that you are entitled to a hearing in this matter. If you wish to request such hearing, the request must be made in writing and must be received in the Board office within thirty (30) days of the time of mailing of this notice. As required by Section 3719.121(C), ORC, the suspension ordered herein shall remain in effect until this hearing is held. You are hereby further informed that, if you timely request a hearing, you are entitled to appear at such hearing in person, by your attorney, or by such other representative as is permitted to practice before the Board, or you may present your position, arguments, or contentions in writing. At the hearing you may also present evidence and examine witnesses appearing for and against you. Should you choose to request a hearing, please mail or deliver the request, in addition to any other correspondence regarding this matter, to: Lisa Ferguson-Ramos, Compliance Unit Manager, Ohio Board of Nursing, 17 South High Street, Suite 400, Columbus OH 43215-7410, or to the email address, hearing@nursing.ohio.gov. If the Board fails to receive a request for a hearing within thirty (30) days of the time of mailing of this notice, the Board may, in your absence and upon consideration of the factual and legal allegations set forth in this Notice of Immediate Suspension and Opportunity for Hearing, deny, permanently revoke, revoke, suspend or place restrictions on your license to practice nursing as a licensed practical nurse; reprimand or otherwise discipline you; or impose a fine of not more than five hundred dollars ($500.00) per violation. Sincerely,

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Case #11-004805

May 18, 2012

NOTICE OF IMMEDIATE SUSPENSION AND OPPORTUNITY FOR HEARING

Judith A. Church, R.N., C.N.P. Supervising Board Member

May 18, 2012

NOTICE OF OPPORTUNITY FOR HEARING

Henry G. Appel, Assistant Attorney General Robert D. Noble, Esq.

May 18, 2012

NOTICE OF AUTOMATIC SUSPENSION AND OPPORTUNITY FOR HEARING

17 Sour11 Iligl~ l ~ ~ c t , 400 * Columbus, Ohio 43215-7410 * (614) 466-3047 S Suite

BASIS FOR ACTION

Loleta A. Barakony, L.P.N. Page 2

MS. BARAKONY knowingly and voluntarily admits to the following:

Loleta A. Barakony, L.P.N. Page 3 Educational Needs Assessment a n d Learning Plan

Loleta A. Barakony, L.P.N. Page 4

this Consent Agreement, or any new employer prior to accepting employment.

Loleta A. Baraltony, L.P.N, Page 5

Loleta A. Barakony, L.P.N. Page 6

May 18, 2012

NOTICE OF OPPORTUNITY FOR HEARING

BEFORE THE OHIO BOARD OF NURSING

TIME AND METHOD TO PERFECT AN APPEAL

The State of Ohio County of Franklin

______________________________ Betsy J. Houchen, R.N., M.S., J.D. Executive Director

maw cc: Henry G. Appel, Assistant Attorney General

Certified Mail Receipt No. 7011 2970 0003 1733 4767

BEFORE THE OHIO BOARD OF NURSING

CONDITIONS FOR REAPPLICATION

Reporting Requirements of Applicant

The State of Ohio County of Franklin

of March, 2012 to TONY

getsy J. ~ b u & e n ,R.N., MS., J.D. Executive Director

Melissa T. Sutter, Assistant Attorney General

Certified Mail Receipt No. 701 1 2970 0003 1733 2015

May 18, 2012

NOTICE OF OPPORTUNITY FOR HEARING

Cases #11-003482, 09-5685, 09-5403

May 18, 2012

NOTICE OF OPPORTUNITY FOR HEARING

May 18, 2012

NOTICE OF IMMEDIATE SUSPENSION AND OPPORTUNITY FOR HEARING

Judith A. Church, R.N., C.N.P. Supervising Board Member

May 18, 2012

NOTICE OF OPPORTUNITY FOR HEARING

Ohio Board of Nursing

+- . ' : ,.. : yi,wnurr~z,.ol~io~gar -.- I

Nola Ann-Ellen Doles, R N. Page 2

CONDITIONS FOR REINSTATEMENT

Nola Ann-Ellen Doles, R.N Page 3

Reporting Requirements of Licensee

NOLA ANN-ELLEN DOLES, R.N:

BERTHA LOVELACE, President Ohio Board of Nursing

@$$) Board of Nursing Ohio

ivTiw.nasing ohio qou (611) 466-3947

17 South High Str.eet, Suitc 100

Columbus, Ohio 43215-7410

NOTICE OF IMMEDIATE SUSPENSION AND OPPORTUNITY FOR HEARING

Nola Ann-Ellen Doles Page 4 Sincerely,

Case #11-01006 & 12-000063

May 18, 2012

NOTICE OF OPPORTUNITY FOR HEARING

BEFORE THE OHIO BOARD OF NURSING

TIFFANY JUNE COLLINS (FKA TIFFANY ELLENBERGER), L.P.N.