In the Matter Of: Ashael Ford Versus the Louisiana State Board of Practical Nurse Examiners

CourtLouisiana Court of Appeal
DecidedApril 26, 2023
Docket22-CA-481
StatusUnknown

This text of In the Matter Of: Ashael Ford Versus the Louisiana State Board of Practical Nurse Examiners (In the Matter Of: Ashael Ford Versus the 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
In the Matter Of: Ashael Ford Versus the Louisiana State Board of Practical Nurse Examiners, (La. Ct. App. 2023).

Opinion

IN THE MATTER OF: ASHAEL FORD NO. 22-CA-481

VERSUS FIFTH CIRCUIT

THE LOUISIANA STATE BOARD OF COURT OF APPEAL PRACTICAL NURSE EXAMINERS STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 820-473, DIVISION "B" HONORABLE R. CHRISTOPHER COX, III, JUDGE PRESIDING

April 26, 2023

CORNELIUS E. REGAN JUDGE, PRO TEMPORE

Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Cornelius E. Regan, Pro Tempore

AFFIRMED CER MEJ SJW PLAINTIFF/APPELLANT, ASHAEL FORD In Proper Person

COUNSEL FOR DEFENDANT/APPELLEE, LOUISIANA STATE BOARD OF PRACTICAL NURSE EXAMINERS John W. Becknell, III REGAN, J.

Plaintiff, Ashael Ford, appeals the district court’s June 2, 2022 Judgment

which affirmed the decision and order of the Louisiana State Board of Practical

Nurse Examiners (the Board) to revoke Ms. Ford’s practical nursing license. For

the reasons stated more fully below, we affirm the district court’s June 2, 2022

Judgment.

FACTS AND PROCEDURAL HISTORY

On August 20, 2019, the Board received a complaint from Ms. Ford’s

employer, Advantage Medical Professionals (Advantage), alleging that on August

4, 2019, Ms. Ford failed to assess an inmate at the St. Martin Parish Correctional

Center (SMPCC), where she was assigned to work on a temporary basis.1 The

complaint further stated that the inmate went to the hospital later that day and was

admitted to the intensive care unit. The complaint raised a second issue regarding

an incident involving Ms. Ford on August 12, 2019, where Ms. Ford left the

SMPCC without notifying proper personnel at Advantage or SMPCC, leaving the

jail without a nurse. The complaint also alleged that Ms. Ford previously left the

jail medical unit for extended periods of time without notifying the jail staff or

management at Advantage.

On September 5, 2019, the Board sent a notice to Ms. Ford regarding these

allegations and requested that she provide a written statement in response and her

employment history for the past five years. On September 16, 2019, Ms. Ford

filed a written response denying that she failed to properly care for the inmate at

the SMPCC on August 4, 2019, and further claiming that she informed Advantage

on August 12, 2019, that she would be leaving work because she was sick. She

claimed that the “on call” person indicated that she would contact another nurse to

1 Advantage is a temporary staffing agency.

22-CA-481 1 come to SMPCC. She also claimed that she told two deputies at the jail that she

was leaving, but that another nurse would be coming to the jail.

On October 10, 2019, the Board sent a second notice to Ms. Ford regarding

additional violations resulting from her termination of employment by Advantage

and SMPCC, as well as additional complaints from these entities that Ms. Ford

disregarded the chain of command, left the jail clinic unattended and that the

warden and other jail employees at SMPCC reported that she had a negative

attitude. Ms. Ford submitted a response on October 21, 2020, contesting the

allegations.

The Board commenced its investigation by issuing subpoenas to Ms. Ford

and her former employers. The Board filed a formal complaint against Ms. Ford

on February 19, 2021, notifying her that the trial court would conduct a formal

virtual hearing on March 19, 2021. The complaint alleged that Ms. Ford violated

La. R.S. 37:969(A)(4), specifically Sections (a), (c), (f) and (g), as well as La.

Admin. Code 46:XLVII:306T, Sections (1), (3) and

(8)(a),(b),(c),(h),(i),(j),(l),(o),(p) and(t).2

2 La. R.S. 37:969A(4)(a)(c)(f)(g) provides:

A. The board shall: *** (4) Conduct hearings upon charges calling for discipline of a licensee, or for revocation, denial or suspension of a license issued or applied for under this Part upon proof that the person:

(a) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice practical nursing; or *** (c) Is unfit, or incompetent by reason of negligence, habit, or other causes; or

*** (f) Is guilty of unprofessional conduct; or (g) Has violated any provisions of this Part.

LAC 46:XLVII.306T(1)(3) and (8)(a)(b)(c)(h)(i)(j)(l)(o)(p)(t) provides:

*** T. The grounds for disciplinary proceedings include, but are not limited to:

1. being guilty of fraud or deceit in procuring or attempting to procure a license to practice practical nursing; ***

22-CA-481 2 The Board Hearing

The Board conducted a formal hearing on March 19, 2021, before a hearing

officer. The following facts were adduced at the Board hearing. Lt. Camellia

Rossyion, an administrative lieutenant at SMPCC, testified regarding the initial

complaint regarding Ms. Ford’s failure to evaluate the inmate at SMPCC. Lt.

Rossyion explained that on August 4, 2019, she noticed an inmate who could not

walk on his own and who was slurring his speech. Lt. Rossyion was particularly

concerned because the inmate’s face looked crooked, which led her to believe the

inmate was having a stroke and needed medical attention. Lt. Rossyion testified

that she reported the inmate’s condition to Ms. Ford and another nurse.

Approximately an hour later, Lt. Rossyion realized that no one had assessed the

inmate so she found Ms. Ford and the other nurse and brought them to the inmate.

Lt. Rossyion testified that Ms. Ford then told her that an emergency room doctor

cleared the inmate the night before, so she did not need to check on him any

further.

3. being unfit, or incompetent by reason of negligence, habit or other causes;

*** 8. being guilty of unprofessional conduct; unprofessional conduct includes, but is not limited to the following:

a. failure to practice practical nursing in accordance with the standards normally expected; b. failure to utilize appropriate judgment in administering nursing practice; c. failure to exercise technical competence in carrying out nursing care;

*** h. misappropriating personal items of an individual or the agency; i. falsifying records; j. intentionally committing any act that adversely affects the physical or psychosocial welfare of the patient;

*** l. leaving a nursing assignment without properly notifying the appropriate personnel;

*** o. being guilty of moral turpitude; p. inappropriate, incomplete or improper documentation;

*** t. violating any provisions of R.S. 37:961 et seq. (the practical nursing practice act), as amended or aiding or abetting therein.

22-CA-481 3 Lt. Rossyion then decided to takes matters into her own hands and had

another deputy carry the inmate to her office so she could contact one of his

friends. According to Lt. Rossyion, a family member then posted a bond and took

the inmate to the hospital. Lt. Rossyion explained that she later learned the inmate

suffered a stroke and was admitted to the ICU.

Kristie Manuel, employed by Lafayette General Health as a director of

medical services at SMPCC, also testified at the hearing. She explained that she

investigated the complaint against Ms. Ford regarding her alleged failure to assess

the inmate displaying signs of a stroke. As part of her investigation, Ms. Manuel

questioned Ms. Ford, as well as the deputies and warden at SMPCC. Ms. Manuel

testified that when she asked Ms. Ford why she failed to assess the inmate and

document the incident, Ms. Ford responded that she could not recall or

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Chaisson v. Cajun Bag & Supply Co.
708 So. 2d 375 (Supreme Court of Louisiana, 1998)
La. Household Goods v. La. Public Serv.
762 So. 2d 1081 (Supreme Court of Louisiana, 2000)
Spears v. Louisiana Board of Practical Nurse Examiners
223 So. 3d 679 (Louisiana Court of Appeal, 2017)
Cranford v. Louisiana State Board of Practical Nurse Examiners
996 So. 2d 590 (Louisiana Court of Appeal, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
In the Matter Of: Ashael Ford Versus the Louisiana State Board of Practical Nurse Examiners, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-ashael-ford-versus-the-louisiana-state-board-of-practical-lactapp-2023.