Final - Approved

VIRGINIA BOARD OF NURSING FORMAL HEARINGS January 31, 2008

TIME AND PLACE: The meeting of the Virginia Board of Nursing was called to order at 9:06 A.M. on January 31, 2008 in Board Room 2, Department of Health Professions, 9960 Mayland Drive, Suite 201, Richmond, Virginia.

BOARD MEMBERS PRESENT: Lynne E. Cooper, Citizen Member, President Perry Francisco, R.N., M.S.A. John M. Horn, L.P.N. Patricia C. Lane, R.N., B.S.N. G. Maxine Ponn, L.P.N.

STAFF PRESENT: Jay P. Douglas, R.N., M.S.M., C.S.A.C., Executive Director (joined later) Gloria D. Mitchell, R.N., M.S.N., M.B.A., Deputy Executive Director, Discipline Huong Vu, Administrative Assistant

OTHERS PRESENT: Howard M. Casway, Senior Assistant Attorney General Students from Southside Regional Medical Center- RN Program Anne Joseph, Deputy Director, APD LaRhonda Carter, Adjudication Specialist

ESTABLISHMENT OF A QUORUM: With five members of the Board present, a quorum was established.

FORMAL HEARINGS: Barbara J. Singleton, R.N., 0001-089166 Ms. Singleton appeared accompanied by her attorney, Janet Ours.. Amanda Mitchell, Adjudication Specialist, represented the Commonwealth. Howard M. Casway, Senior Assistant Attorney General was legal counsel for the Board. L. Diane Paarfus, court reporter, recorded the proceedings.

Helene Kelly, Senior Investigator, Department of Health Professions; Sharon Smith, patient at Potomac Hospital; Dorothy Divers, R.N., B.S.N.; H. Judy Jenkins, R.N., M.S.N, Nova Alexandria Hospital, were present to testify. Amy Antonioli, patient at Potomac Hospital testified by telephone.

RECESS: The Board recessed at 11:20 A.M.

RECONVENTION: The Board reconvened at 11:30 A.M.

Students left the hearing at 1:30 P.M.

CLOSED MEETING: Mr. Horn moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 1:45 P.M., for the purpose of

1 deliberation to reach a decision in the matter of Ms. Singleton. Additionally, Mr. Logan moved that Ms. Mitchell, Ms. Douglas, Ms. Vu and Mr. Casway attend the closed meeting because their presence in the closed meeting is deemed necessary and their presence will aid the Board in its deliberations. The motion was seconded and carried unanimously.

RECONVENTION: The Board reconvened in open session at 3:05 P.M.

Mr. Horn moved that the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened. The motion was seconded and carried unanimously.

Ms. Francisco moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Ms. A. Mitchell. The motion was seconded and carried unanimously.

Ms. Lane moved that the Board of Nursing issues an Order of Reprimand and requires her to have an evaluation by a mental health professional satisfactory to the Board and shall have a written report of the evaluation including a diagnosis, a recommended course of therapy and a prognosis sent to the Board within 60 days of the entry of the Order. The motion was seconded and carried unanimously.

This decision shall be effective upon the entry by the Board of a written Order stating the findings, conclusions, and decision of this formal hearing panel.

FORMAL HEARING: Julie Olinger, R.N., 0001-164609 Ms. Olinger appeared, accompanied by her attorney, Barbara A. Queen.

Peter Opper, Adjudication Specialist, represented the Commonwealth. Howard M. Casway, Senior Assistant Attorney General was legal counsel for the Board. L. Diane Paarfus, court reporter, recorded the proceedings.

Stephanie Mautone, RN; Rebecca Summer, RN; and Lila Theberge, RN, Senior Investigator, Department of Health Professions were present and testified. Janet Nordling, RN Director, Labor and Delivery, NICU Winchester Medical Center testified by phone.

RECESS: The Board recessed at 5:00 P.M.

RECONVENTION: The Board reconvened at 5:12 P.M.

CLOSED MEETING: Mr. Horn moved that the Board of Nursing convene a closed meeting pursuant to Section 2.2-3711(A)(15) of the Code of Virginia at 5:15 P.M.for the purpose of consideration and discussion of mental health records of Julie Olinger that are excluded from the Freedom of Information Act by Virginia Code Section 1 of 2.2- 3705.5. Additionally Mr. Horn moved that Ms. Douglas, Ms. Mitchell and Mr. 2 Casway attend the closed meeting because their presence in the closed meeting is deemed necessary, and their presence will aid the Board in its deliberations.

RECONVENTION: The Board reconvened in open session at 5:45 P.M.

Mr. Horn moved that the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened. The motion was seconded and approved unanimously.

CLOSED MEETING: Mr. Horn moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 7:05 P.M., for the purpose of deliberation to reach a decision in the matter of Ms. Olinger. Additionally, Mr. Horn moved that Ms. Douglas, Ms. Vu and Mr. Casway attend the closed meeting because their presence in the closed meeting is deemed necessary and their presence will aid the Board in its deliberations. The motion was seconded and approved unanimously.

RECONVENTION: The Board reconvened in open session at 7:35 P.M.

Mr. Horn moved that the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened. The motion was seconded and approved unanimously.

Ms. Francisco moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Mr. Opper. The motion was seconded and carried unanimously.

Ms. Ponn moved that the Board of Nursing direct Julie Olinger to submit quarterly reports from her therapist and employer for one year from entry of this Order. Any failure to submit timely satisfactory reports or any violation of law or Board of Nursing regulations shall be grounds for further administrative proceeding. The motion was seconded and carried unanimously.

This decision shall be effective upon the entry by the Board of a written Order stating the findings, conclusions, and decision of this formal hearing panel.

FORMAL HEARINGS: Christy M. Osbourne, L.P.N., 0002-063656 Ms. Osbourne appeared accompanied by her father, Robert Bidlack, Linda Chiacekeri, L.P.N., former coworker, Rhonda Advani, L.P.N., former coworker and Donna Whitney, HPIP Case Manager.

James E. Schliessmann and Tammie D. Jones, Adjudication Specialists, represented the Commonwealth. Howard M. Casway, Senior Assistant Attorney 3 General was legal counsel for the Board. L. Diane Paarfus, court reporter, recorded the proceedings.

June Morrison, Senior Investigator, Department of Health Professions; Detective James A. Thomas, Virginia Beach Police Department; Amy Wright, R.N., Bay Pointe; and Janet F. Grumfield, Director of Nursing Heritage Hall were present to testify.

CLOSED MEETING: Mr. Horn moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 8:30 P.M., for the purpose of deliberation to reach a decision in the matter of Ms. Osbourne. Additionally, Mr. Horn moved that Ms. Douglas, Ms. Mitchell, Ms. Vu and Mr. Casway attend the closed meeting because their presence in the closed meeting is deemed necessary and their presence will aid the Board in its deliberations. The motion was seconded and carried unanimously.

RECONVENTION: The Board reconvened in open session at 8:55 P.M.

Mr. Horn moved that the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened. The motion was seconded and carried unanimously.

Ms. Francisco moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Mr. Schliessmann and stipulated by Ms. Osbourne. The motion was seconded and carried unanimously.

Ms. Ponn moved that the Board of Nursing continue to place Christy M. Osbourne’s LPN license on indefinite suspension for a period of not less than six months from the date of order entry, said suspension shall be stayed contingent upon continued HPIP compliance with Recovery Monitoring Contract. The motion was seconded and carried unanimously.

This decision shall be effective upon the entry by the Board of a written Order stating the findings, conclusions, and decision of this formal hearing panel.

FORMAL HEARINGS: Alma L. Carson, R.N., 0001-135621 Ms. Carson appeared accompanied by her mother, Mrs. Carson. Tammie Jones, Adjudication Specialist, represented the Commonwealth. Howard M. Casway, Senior Assistant Attorney General was legal counsel for the Board. L. Diane Paarfus, court reporter, recorded the proceedings.

Tonya James, Compliance Case Manager, Department of Health Professions was present and testified.

CLOSED MEETING: Mr. Horn moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 10:15 P.M., for the purpose of deliberation to reach a decision in the matter of Ms. Carson. Additionally, Mr. 4 Horn moved that Ms. Douglas, Ms. Mitchell, Ms. Vu and Mr. Casway attend the closed meeting because their presence in the closed meeting is deemed necessary and their presence will aid the Board in its deliberations. The motion was seconded and carried unanimously.

RECONVENTION: The Board reconvened in open session at 10:25 P.M.

Mr. Horn moved that the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened. The motion was seconded and carried unanimously.

Ms. Francisco moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Mr. Opper. The motion was seconded and carried unanimously.

Ms. Ponn moved that the Board of Nursing close the case and impose no sanction. The motion was seconded and carried unanimously.

This decision shall be effective upon the entry by the Board of a written Order stating the findings, conclusions, and decision of this formal hearing panel.

FORMAL HEARINGS: Sherrie Laaksonen, R.N., 0001-113615 Ms. Laaksonen did not appear. Emily A. Field, Adjudication Specialist, represented the Commonwealth. Howard M. Casway, Senior Assistant Attorney General was legal counsel for the Board. L. Diane Paarfus, court reporter, recorded the proceedings.

CLOSED MEETING: Mr. Horn moved that the Board of Nursing convene a closed meeting pursuant to §2.2-3711(A)(28) of the Code of Virginia at 10:35 P.M., for the purpose of deliberation to reach a decision in the matter of Ms. Laaksonen. Additionally, Mr. Horn moved that Ms. Douglas, Ms. Mitchell, Ms. Vu and Mr. Casway attend the closed meeting because their presence in the closed meeting is deemed necessary and their presence will aid the Board in its deliberations. The motion was seconded and carried unanimously.

RECONVENTION: The Board reconvened in open session at 10:36 P.M.

Mr. Horn moved that the Board of Nursing certify that it heard, discussed or considered only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened. The motion was seconded and carried unanimously.

Ms. Francisco moved that the Board of Nursing accept the findings of fact and conclusions of law as presented by Ms. Field. The motion was seconded and carried unanimously.

5 Ms. Lane moved that the Board of Nursing indefinitely suspend the registered nursing license of Sherrie Laaksonen for a period of not less than 2 years. The motion was seconded and carried unanimously.

This decision shall be effective upon the entry by the Board of a written Order stating the findings, conclusions, and decision of this formal hearing panel.

ADJOURNMENT: The Board adjourned at 10:40 P.M.

______Gloria D. Mitchell, R.N., M.S.N., M.B.A. Deputy Executive Director, Discipline

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