Delaware Board of Nursing v. Gillespie

41 A.3d 423, 2012 WL 1071712, 2012 Del. LEXIS 175
CourtSupreme Court of Delaware
DecidedMarch 30, 2012
Docket661, 2011
StatusPublished
Cited by18 cases

This text of 41 A.3d 423 (Delaware Board of Nursing v. Gillespie) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delaware Board of Nursing v. Gillespie, 41 A.3d 423, 2012 WL 1071712, 2012 Del. LEXIS 175 (Del. 2012).

Opinion

HOLLAND, Justice:

The appellant, Delaware Board of Nursing (the “Board”), appeals from a Superior Court decision reversing the Board’s decision to suspend the nursing licenses of the appellee, Michele Gillespie (“Gillespie”). The Board suspended Gillespie’s licenses for two years based on a finding that Gillespie violated title 24, section 1922(a)(8) of the Delaware Code and Board Rule 10.4.1 by failing to report child sexual abuse as required by title 16, section 903 of the Delaware Code. 1 The Superior Court held that the Board erred as a matter of law in interpreting section 903 to impose the mandatory reporting requirement on nurses for information learned outside of their employment.

The Board raises two arguments on appeal. First, the Board contends that it did not err in finding that Gillespie committed the above-referenced violations by failing to report child sexual abuse as required by title 16, section 903 of the Delaware Code. Second, the Board submits that its decision finding a violation of the applicable provisions was supported by substantial evidence. Gillespie argues that the Board’s appeal is barred by a conflict of interest.

*425 We have concluded that the Board’s contentions are without merit. Therefore, the judgment of the Superior Court must be affirmed. Accordingly, we need not reach the conflict of interest issue raised by Gillespie.

Facts and Procedural History 2

Gillespie is a licensed registered nurse and family nurse practitioner. In December 2009, Gillespie was arrested and charged by the State with Endangering the Welfare of a Child in violation of title 11, section 1102 of the Delaware Code. Three months later, the State filed a Complaint with the Board alleging that Gillespie was guilty of unprofessional conduct for failing to report “several incidents of sexual abuse inflicted by two young boys on three younger children” to the children’s parents or any other authority enumerated in title 16, section 903 of the Delaware Code. All of the children involved were Gillespie’s grandchildren.

A Panel of the Board held an evidentia-ry hearing to determine whether Gillespie had violated title 24, section 1922(a)(8) and Board Rule 10.4.1 relating to the report of child abuse. The parties stipulated to the facts alleged in six paragraphs of the complaint. Thus, Gillespie admitted that she was a nurse, that she was aware of incidents of sexual abuse among her grandchildren, and that she did not notify any authority enumerated in section 903.

The Panel heard brief testimony from Gillespie and Gillespie’s ex-daughter-in law. Gillespie testified that her other daughter-in-law told her about the sexual abuse. Her daughter-in-law had heard about the abuse, in turn, from her own son. Gillespie testified that she immediately called Nicole Fonseca, her ex-daughter-in-law and the mother of the other children involved. Gillespie testified that she informed Fonseca of the reported abuse and advised her to take the children to A.I. DuPont Children’s Hospital for examination. Fonseca testified that Gillespie never told her to go to the hospital, but merely said “the kids need counseling.” It was undisputed that all information regarding the abuse came to Gillespie through third-hand recitations, and that the parents of all the children involved — as abuser or abused — were informed.

The Panel recommended a two-year suspension of Gillespie’s two nursing licenses and continuing education on the importance of reporting sexual abuse. The Board adopted the recommendation of the Panel. On appeal, the Superior Court reversed, holding that the Board erred by applying section 903 to information learned by a nurse outside the scope of her employment. Because there was no violation of section 903, the Superior Court also found that the Board’s decision was not supported by substantial evidence. This appeal followed.

Standard of Review

We review a decision of the Board for errors of law and determine whether substantial evidence exists to support the Board’s findings of fact and conclusions of law. 3 “Substantial evidence equates to ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” 4 We will not *426 weigh the evidence, determine questions of credibility, or make our own factual findings. 5 Errors of law are reviewed de novo. 6 Absent an error of law, the standard of review for a Board’s decision is abuse of discretion. 7

Applicable Statute

At the time Gillespie’s case was pending before the Board, title 16, section 903 of the Delaware Code stated:

Any physician, and any other person in the healing arts including any person licensed to render services in medicine, osteopathy, dentistry, any intern, resident, nurse, school employee, social worker, psychologist, medical examiner or any other person who knows or in good faith suspects child abuse or neglect shall make a report in accordance with § 904 of this title. In addition to and not in lieu of reporting to the Division of Family Services, any such person may also give oral or written notification of said knowledge or suspicion to any police officer who is in the presence of such person for the purpose of rendering assistance to the child in question or investigating the cause of the child’s injuries or condition. 8

This provision was amended in 2010, and now expressly provides that the duty to report applies to all persons. 9

Title 24, section 1922(a)(8) of the Delaware Code provides that the Board may impose sanctions when it finds a licensee guilty of any offense described therein, including “unprofessional conduct as shall be determined by the Board, or the willful neglect of a patient[.]” 10 Board Rule 10.4.1 further provides that “[n]urses whose behavior fails to conform to legal standards and accepted standards of the nursing profession and who thus may adversely affect the health and welfare of the public may be found guilty of unprofessional conduct.” 11

Superior Court Decision

Section 903, as it existed in 2009, was expressly limited to those “in the healing arts including any person licensed to render services in medicine.” The Superior Court determined that the statute was ambiguous as to whether the covered persons “were required to report incidents of abuse about which they acquire knowledge outside the scope of their employment.” 12 Thus, the Superior Court considered section 903 in light of section 908, 13

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Cite This Page — Counsel Stack

Bluebook (online)
41 A.3d 423, 2012 WL 1071712, 2012 Del. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaware-board-of-nursing-v-gillespie-del-2012.