Davis v. Louisiana State Board of Practical Nurse Examiners

30 So. 3d 1, 2009 La.App. 4 Cir. 0509, 2009 La. App. LEXIS 2017, 2009 WL 5125864
CourtLouisiana Court of Appeal
DecidedDecember 2, 2009
Docket2009-CA-0509
StatusPublished
Cited by1 cases

This text of 30 So. 3d 1 (Davis v. Louisiana State Board of Practical Nurse Examiners) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Louisiana State Board of Practical Nurse Examiners, 30 So. 3d 1, 2009 La.App. 4 Cir. 0509, 2009 La. App. LEXIS 2017, 2009 WL 5125864 (La. Ct. App. 2009).

Opinions

TERRI F. LOVE, Judge.

[¡/Paula Davis, a licensed practical nurse, appeals a judgment of the trial court affirming the decision and order of the Louisiana State Board of Practical Nurse Examiners. After a hearing was conducted on formal complaint filed by State Board of Practical Nurse Examiners, the Board revoked Ms. Davis’ Louisiana Practical Nurse License, fined her $500.00 for pertinent violation of statutes and regulations, and assessed a hearing fee of $500.00. We find no error in the Board’s decision and trial court affirmation, as the evidence was sufficient to support the hearing officer’s rejection of the credibility of Ms. Davis and the Board’s subsequent license revocation. We find that the board’s decision was supported by the preponderance of the evidence. Further, we do not find the [2]*2Board’s decision arbitrary, capricious, oí-an abuse of discretion and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Paula Davis was a licensed practical nurse (LPN), licensed by the Louisiana State Board of Nursing (hereinafter the “Board”). The Louisiana State Board of Practical Nurse Examiners received complaints concerning the nursing practices of Ms. Davis while she was employed at three (3)facilities: Saint Anna’s Residence; Meadowcrest Living Center; and Marrero Healthcare Center.

lain August 2007, the Board submitted a complaint against Ms. Davis. The Board conducted a hearing based on the complaint against Ms. Davis regarding alleged violations of La. R.S. 37:969 A(4)(e), (d), (f) and (g), and Louisiana Administrative Code, title 46, Part XLVII, Subpart 1, Sections 306 T(3) and (4) and (8)(a), (b), (g), (h), (i), (j), (p) and (r).

After the hearing was conducted, the Board ordered that Ms. Davis’ LPN license be revoked. The Board also ordered Ms. Davis pay a fine of $500.00 and a hearing assessment fee of $500.00. Ms. Davis filed a Petition for Judicial Review of the Board’s order. The trial judge subsequently affirmed the decision and order of the Board. Ms. Davis has filed the instant timely appeal.

STANDARD OF REVIEW

The standard of review of an administrative agency’s decision is more narrow than the standard of review applied to civil and criminal appeals. Reaux v. Louisiana Bd. of Med. Examiners, 2002-0906, p. 3 (La.App. 4 Cir. 5/21/03), 850 So.2d 723, 726. The exclusive grounds upon which an administrative agency’s decision may be reversed or modified on appeal are enumerated in Administrative Procedure Act in La. R.S. 49:964(G). Defining the scope and standards for judicial review of administrative agency decisions, La. R.S. 49:964(G) provides that a court can reverse an agency’s decision if the appellant’s substantial rights have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
|4(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
(6) Not supported and sustainable by a preponderance of evidence as determined by the reviewing court. In the application of this rule, the court shall make its own evaluation of the record reviewed in its entirety upon judicial review. In the application of the rule, where the agency has the opportunity to judge the credibility of witnesses by first-hand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency’s determination of credibility issues.

La. R.S. 49:964 G.

“[T]he agency’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.” La. R.S. 49:956(3). Further, jurisprudence has recognized that “in reviewing such [administrative] actions, courts must be cognizant of the strong presumption of validity and propriety in such administrative actions where casting judgment upon the professional behavior of a fellow member of a profession is a matter peculiarly within the expertise of an agency composed of [3]*3members of that profession.” Armstrong v. Louisiana State Board of Medical Examiners, 03-1241, p. 11 (La.App. 4 Cir. 2/18/04), 868 So.2d 830, 838 (citing Montalbano v. Louisiana State Bd. of Med. Examiners, 560 So.2d 1009, 1011 (La.App. 4 Cir.1990)).

THE BOARD’S DECISION

On appeal, Ms. Davis argues that the trial court erred in affirming the Board’s decision. Ms. Davis avers that the Board lacked sufficient evidence to support its decision to levy sanctions against her. The Board counters that the evidence, including the testimony of four witnesses, is sufficient to |,^support its decision. The Board maintains that the trial court’s decision, which affirmed its decision, should be affirmed.

The Board’s complaint against Ms. Davis resulted from the following:

St. Anna’s Residence

In July 2006, St. Anna’s Residence reported to the Board allegations that resulted in Ms. Davis’s termination as follows:

Ms. Davis administered 3 tablets of Tylenol P.M. to a resident without a physician’s order. Pursuant to a request by Ms. Davis, a Certified Nursing Assistant (CNA) purchased this medication at a nearby pharmacy.

Prior to the leaving her shift on July 3, 2006, and July 4, 2006, Ms. Davis failed to count narcotics according to protocol. The Controlled Substance Record reflected that Ms. Davis endorsed the record for Hydrocodone every four (4) hours, however she did not complete the resident’s Medication Administration Record (MAR) to reflect the same.

A resident under Ms. Davis’ care was to receive the medication Ativan daily at 8:00 P.M. An endorsement reflecting receipt of this medication was not made on the Control Substance Record, nor was it made on the resident’s MAR. Inventory of the Controlled Substance Record revealed a difference of three (3) pills in the medication present and medication for which an account was provided in the record. Ms. Davis corrected the Controlled Substance Record, however she did not inform the Director of Nurses (DON) or the pharmacy of the corrections.

| tJMeadowcrest Living Center

In August 2006, Meadowcrest Living Center made a report to the Board that indicated that Ms. Davis was terminated from the facility within her 90-day probation period for the following:

In July 2006, the DON was informed that two weeks of pain medication was missing from three (3) separate blister medication cards of two residents, totaling 42 pills. Other residents were administered pain medication without request or need. On August 3, 2006, at 9:30 a.m., Lortab from two medication cards was removed and replaced with 600-mg Ibuprofen. The MARs and nursing notes did not reflect that complaints of pain were made by the residents nor was it recorded that medications were given. At 5:30 p.m. on August 3, 2006, the DON received a call from an LPN who discovered that two Percocet tablets were removed from a resident’s medication card and replaced with 500-mg Acetaminophen tablets. It was discovered that Ms. Davis was the only nurse with a key to the medication cart where the drugs were stored prior to each discovery.

Marrero Healthcare Center

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Related

Davis v. Louisiana State Board of Practical Nurse Examiners
30 So. 3d 1 (Louisiana Court of Appeal, 2009)

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Bluebook (online)
30 So. 3d 1, 2009 La.App. 4 Cir. 0509, 2009 La. App. LEXIS 2017, 2009 WL 5125864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-louisiana-state-board-of-practical-nurse-examiners-lactapp-2009.