Bon.state.tx.us

Agenda Item 5.1.1
Prepared By: Angela Bradford/Joy Sparks
Meeting Date: May 9, 2006
ELIGIBILITY AND DISCIPLINARY COMMITTEE REPORT
MAY 9, 2006
This report is written to describe E&D Committee actions and trends. There were twelve (12)Eligibility Requests, two (2) Petitioners Requests for Exception to a Previous Board Order, fourteen(14) Eligibility Agreed Orders, four (4) Reinstatement Agreed Orders, sixteen (16) DisciplinaryAgreed Orders, twenty-seven (27) Default Revocation Orders, one (1) Motion for Rehearing, andtwo (2) ALJ Proposals for Decision.
NATURE OF ELIGIBILITY REQUESTS AND RESOLUTIONS
PETITIONER / APPLICANTS (12)
Approved with Stipulations (11):
Female Petitioner diagnosed on August 19, 2004 with Major Depressive Disorder withpsychotic features in the past and social anxiety. Petitioner was last seen on January 16,2006, for medication management. Treating Psychiatrist states that Petitioner’s currentdiagnosis is history of major depressive disorder with psychotic features - currently inprolonged remission and social anxiety - improved. Petitioner is currently taking Abilify30mg daily, Wellbutrin 150mg daily, Topamax 100mg daily and Ambien 10mg at night asneeded. Petitioner has been well compliant and has demonstrated continuous clinicalimprovement with base line stability.
Female Petitioner was charged on December 12, 1980 with the misdemeanor offense of
Contribute to Neglect of a Child in the Circuit Court, Milwaukee County, State of
Wisconsin. Petitioner plead guilty and was sentenced to two (2) years probation. Petitioner
was assessed court costs and cooperate with all counseling. On December 12, 1982,
Petitioner was discharged from probation. The criminal complaint discloses that Petitioner
was initially charged with the felony Class E offense of Concealing the Death of a Child.
On August 6, 1980, Petitioner presented to St. Joseph’s Hospital Emergency Room and
routine tests disclosed that Petitioner was two or three days post-partum. Petitioner denied
having been pregnant or delivering a child. Petitioner later stated that two or three days prior
to entering St. Joseph’s Hospital, she delivered a full term baby who was not moving and she
placed the child’s body in a plastic garbage bag and placed it in the garbage can at the rear
of the residence where she had given birth. On October 20, 2005, Petitioner presented to
Matthew L. Ferrara, Ph.D., Clinical and Forensic Psychology, Austin, Texas, to undergo
evaluation. The results of the evaluation indicate that Petitioner has not provided the
examiner or the Board with sufficient information to evaluate whether she could conform
her behavior to the Nursing Practice Act, Board rules and regulations, and generally
accepted standards of nursing practice. It is the opinion of the evaluator that Petitioner not
be considered for licensure as a nurse in the State of Texas.
Female Petitioner was diagnosed on August 23, 2004 with Bipolar II Disorder, w/Depression. A letter dated September 16, 2005, was submitted to the Board on behalf ofPetitioner by R.E. Liverman, D.O., Bipolmate American Board Psychiatry and Neurology,Arlington, Texas, stating that Petitioner was seen in his office on June 9, 2004, June 21,2004, July 7, 2004, and Petitioner was given a medication regimen of Lamictal 150 mg daily.
At the time of Petitioner’s last session with Dr. Liverman on August 23, 2004, Petitioner’sprognosis was good. A letter dated June 6, 2005, was submitted to the Board on behalf ofPetitioner by Raymond R. Westbrook, D.O., Arlington Medical Clinic, P.A., stating thatPetitioner has been his patient since May 2004, for Bipolar Disorder. Petitioner sees Dr.
Westbrook only for medication management.
Male Applicant enrolled in treatment at Cornerstone of Southern California, Tustin,California on June 7, 2004 for inpatient treatment. After successful completion of a thirty(30) day program he transferred into a sixty (60) day monitored residential program, whichhe successfully completed on September 5, 2004. After completion of the residentialprogram Applicant enrolled in a continuing care program, of which as of August 8, 2005,he was still attending. On June 13, 2005, Applicant signed a contract with the State ofCalifornia Board of Registered Nursing Diversion Program. Applicant states that he has aNarcotics Anonymous sponsor and is currently working the steps under his supervision.
With permission from the California Diversion Program he became employed at a nurseadvice call center, where he offers telephone advice to patients in seven (7) statestelephonically. Female Petitioner was charged with the state jail felony offense of Forgery on October 8,1996. Petitioner entered a plea of guilty and proceedings were deferred without adjudicationof guilt and Petitioner was sentenced to three (3) years probation. On October 14,1999,Petitioner was discharged from probation. Petitioner stated that she received deferredadjudication for forgery for forging a check for one hundred ($100.00) dollars. Petitionerstates she was nineteen (19) years old and going through what she thought was a difficulttime in her life. Petitioner was pregnant with her second child. At the time Petitioner statesshe was working, but her Mother was keeping all of her money and at the time felt she hadno other choice but to steal. Male Petitioner was charged with the felony offense of Burglary of a Building in on January8, 2003. Petitioner entered a plea of guilty and was granted entry into the Pre-TrialDiversion Program. Petitioner completed Pre-Trial Diversion on January 5, 2005. OnNovember 15, 2005, Petitioner was seen by Dr. Timothy J. Proctor to undergo a forensicpsychological evaluation and polygraph examination. Petitioner’s DSM-4 axis one showsthat Petitioner has previously met criteria for Cannabis abuse, but this is now in fullremission with his last use occurring over one year ago. Petitioner’s report of his drug useand criminal history were investigated by a polygraph examination that revealed “NoDeception Indicated”. Dr. Proctor states no other psychological diagnoses are warranted atthis time. Dr. Proctor states that it is likely that Petitioner will be able to consistently behavein accordance with the requirements of the Board, as well as the minimum standards set bythe Board’s Rules. Dr. Proctor does recommend however that random urine drug screeningbe conducted with regularity.
Female Petitioner is currently treated by Lorraine A. Sommerfeldt, M.D. for BipolarDisorder, Panic Disorder and possible Attention Deficient & Hyperactivity Disorder A.
Petitioner concurrently carries the diagnosis of Polysubstance Abuse in remission that haslasted 10 years. Petitioner’s medications are Lexapro 20 mg qhs; Lamictal 25 mg qhs;Klonopin 1 mg tid; Xanax 0.5mg q4hrs prn for breakthrough anxiety; and Ambien 10mg qhsprn sleep. Prognosis for Petitioner is excellent should she continue her medications andoutpatient treatment which consists of psychotherapy. Petitioner is emotionally stable onher current medications. Petitioner will need to continue on medications and consider herillness as a chronic one. Female Petitioner was charged with the felony offense of Burglary of Habitation on August31, 2001. Petitioner entered a plea of guilty and proceedings were deferred withoutadjudication of guilt and Petitioner was sentenced to four (4) years probation . Petitionerstates she was married in 1985 at the age of eighteen (18) and over the course of hermarriage her husband began to systematically abuse her emotionally and verbally. InOctober 2000, Petitioner learned that she was pregnant and her husband admitted to beinginvolved in a long-term relationship with another woman. Before realizing what she wasdoing she found herself at the other woman’s house asking her to open the door and provideher with answers which lead to her breaking the woman’s window. On April 23, 2004,Petitioner was discharged from probation. Male Petitioner was charged on March 18, 1992 with the offense of Murder-1st DegreeConspiracy and on June 5, 1992, the charged was amended to the misdemeanor offense ofAssault 3rd Degree-Injury in the State of Missouri. Petitioner was placed on suspendedimposition of sentence for two (2) years. The events which led to his arrest focused aroundhis sister shooting their father. Petitioner denies any part of a conspiracy but does not denythat the family wished the father dead as he was a violent and abusive man. On the date inquestion, the father came into the room as they were discussing their plight and a fightensued which resulted in the father being shot in the arm by Petitioner’s sister. Petitioner didnot initially reveal this charge to the Board and indicated he believed he was exoneratedwhen in fact he was on probation.
Female Petitioner was charged on April 24, 1991 with the misdemeanor offense of Theft byCheck. Petitioner entered a plea of nolo contendere and was sentenced to one (1) yearprobation. Petitioner had insufficient funds in her bank account and was arraigned for theftby check. On October 7, 1999, Petitioner was charged with the felony offense of Tamperingwith Government Records. Petitioner entered a plea of guilty and was sentenced to five (5)years probation. Petitioner states when her first child was born her husband and she wereseparated, so when she went to the Department of Human Services to apply for aid she didnot include him on her application. Petitioner received food stamps and TANF for aboutfour (4) months before her husband and she worked things out and he moved back in.
Petitioner failed to report her change in status within the required ten (10) days. Petitionerwas placed on five (5) years deferred probation. On February 18, 2003, Petitioner wasdischarged from probation. Female Petitioner was convicted on April 25, 1991for the misdemeanor offense of Theft andordered to make restitution. On July 20, 1992, Applicant was convicted of two counts of themisdemeanor offense of Theft by Check and ordered to make restitution. On September 19,1997, Applicant was convicted of two counts of the misdemeanor offense of Theft by Checkand ordered to make restitution. On January 31, 2000, Applicant was convicted of themisdemeanor offense of Possession of a Controlled Substance with findings continuedwithout prejudice for six (6) months. On June 20, 2000, Applicant was convicted of themisdemeanor offense of Operating a Motor Vehicle Under the Influence of Liquor.
Proceedings were deferred and Applicant was granted entry into the First Offender’sProgram. On August 10, 2001, the charge was dismissed.
Continued (1):
Male Petitioner On April 22, 1990, Petitioner was charged with the misdemeanor offense ofDriving While Intoxicated. On August 13, 1990, Petitioner entered a plea guilty and wassentenced to two (2) years probation. On June 25, 1993, Petitioner’s probation was revokedand he was sentenced to confinement for a period of forty-five (45) days. On April 30, 1991,Petitioner was charged with the misdemeanor offense of Theft by Check. On February 17,1993, the cause was dismissed - restitution was been made. On September 25, 1992,Petitioner was charged with the misdemeanor offense of Driving While Intoxicated. On June25, 1993, Petitioner entered a plea of guilty and was sentenced to confinement for a periodof thirty (30) days. On January 14, 1994, Petitioner was charged with the felony offense ofDriving While Intoxicated. Petitioner entered a plea of guilty and was sentenced to 30 daysconfinement. On March 18, 1994, Petitioner was charged with the misdemeanor Class Aoffense of Assault. Petitioner entered a plea of guilty and was sentenced to 10 daysconfinement. On May 16, 1997, Petitioner was charged with the misdemeanor Class Aoffense of Driving While Intoxicated. Petitioner entered a plea of guilty and was sentencedto forty-five (45) days confinement. On August 29, 1979, Petitioner was arrested on thecharge of Illegal Possession of Hypo Syringe Needles. On October 20, 1986, Petitioner wasarrested for the offense of Violation of Court Order, with the case not filed. On August 3,1989, Petitioner was arrested on the charge of Contempt of Court, which was dismissed onSeptember 25, 1989. Petitioner was licensed as a Vocational Nurse on May 11, 1999, (LVN#171844). On March 3, 1999, Petitioner was issued an Agreed Board Order by the Boardof Vocational Nurse Examiners for the State of Texas, placing his vocational nursing licenseon probation for eighteen (18) months. On November 22, 2000, Petitioner successfullycompleted his term of probation as stipulated by the BVNE.
Denied (0):

PETITIONER REQUESTS FOR EXCEPTION TO A PREVIOUS BOARD ORDER (2):
One (1) Approved. One (1) Denied.
ELIGIBILITY AGREED ORDERS (14): Approved.
REINSTATEMENT AGREED ORDERS (4): Approved.
DISCIPLINARY AGREED ORDERS (16): Approved.
DEFAULT REVOCATION ORDERS (27): Approved.
DEFAULT SUSPENSION ORDERS (0)
MOTIONS FOR REHEARING (1): Approved
ALJ PROPOSAL FOR DECISION (2): Approved.
Agenda Item 5.1.1
Prepared By: Angela Bradford/Joy Sparks
Meeting Date: June 13, 2006
ELIGIBILITY AND DISCIPLINARY COMMITTEE REPORT
JUNE 13, 2006
This report is written to describe E&D Committee actions and trends. There were eight (8)Eligibility Requests, two (2) Petitioners Requests for Exception to a Previous Board Order, sixteen(16) Eligibility Agreed Orders, four (4) Reinstatement Agreed Orders, forty-five (45) DisciplinaryAgreed Orders, thirty-three (33) Default Revocation Orders, one (1) Motion for Rehearing, and one(1) ALJ Proposal for Decision.
NATURE OF ELIGIBILITY REQUESTS AND RESOLUTIONS
PETITIONER / APPLICANTS (8)
Approved with Stipulations (8):
Female Petitioner was charged on October 19, 2004 with the misdemeanor offenses ofDriving While Intoxicated, Unlawful Possession of Prescription Medication (specificallyKlonopin), and Possession of Marijuana in the County Court of Dallas County, Texas. OnApril 19, 2006, Petitioner received 12 months deferred adjudication for possession ofmarijuana, 24 months regular probation for the DWI and the possession of a controlledsubstance was dismissed due to the Petitioner producing a valid prescription for Klonopin.
Female Petitioner was diagnosed on August 31, 2005 by Jesse Singh, M.D., AbilenePsychiatric Associates, Abilene, Texas, with Bipolar Type II Disorder with a current episodeof Depression. Dr. Singh stated that Petitioner had been under treatment for years fordepression with partial response with the medication of Paxil CR, Prozac and Zoloft. Dr.
Singh made his diagnosis of Bipolar Disorder due to Petitioner’s clinical past history and afamily history of Bipolar Disorder. Petitioner was placed on Symbyax 6/50 mg 1 at nightwith marked stabilization improvement in her moods. Petitioner is currently being seen ona monthly outpatient basis. This treatment plan will continue for one (1) year followed byoutpatient sessions every other month. Petitioner’s current prognosis is stable and Dr. Singhbelieves that Petitioner can function as a registered nurse.
Female Petitioner was charged on December 21, 2004 with the misdemeanor Class A offenseof Theft >$500 <$1500. Petitioner plead guilty and proceedings were deferred withoutadjudication of guilt. Petitioner was placed on two (2) years community supervision andassessed a fine and court costs in the amount of $511.00. Petitioner was required to perform80 hours of community service and to pay restitution in the amount of $1300. Petitioner’soffense of theft occurred when Petitioner initially applied for food stamps assistance whileworking two jobs and somewhere during the interim period she began part time substituteemployment at another job and did not notify the state of this additional income. Petitioner’saffidavit dated July 1, 2005, states that she has paid her court costs and restitution, completedcommunity service, and is current with all probation fees. Petitioner’s probation will expired Female Petitioner was charged on July 19, 2003, Petitioner with the misdemeanor offenseof Criminal Mischief/Damage to Property in the Shreveport City Court of Shreveport,Louisiana. The District Attorney did not prosecute because Petitioner made repairs andrestitution for the damage. On May 18, 2005, Petitioner was charged with the misdemeanoroffense of Simple Battery in the District Court, Parish of Bossier, Benton, Louisiana.
Petitioner was required to complete an Anger Management course and pay court costs. OnJuly 22, 2005, Petitioner completed the Anger Management and Domestic Violenceworkshops. Female Applicant was arrested on June 12, 1992 for the misdemeanor offenses of MakingFalse Declaration of Ownership to Pawnbroker and Concealing Stolen Property in OklahomaCity, Oklahoma. On October 8, 1992 the charges were dismissed. On October 29, 1992,Applicant was charged with the 1st degree Felony Offense of Burglary of a Habitation.
Applicant entered a plea of guilty and was sentenced to ten (10) years confinement in theTexas Department of Criminal Justice - Institutional Division and assessed a fine in theamount of seven hundred fifty dollars ($750.00). The imposition of the sentence wassuspended and Applicant was placed on probation for a period of five (5) years and assessedthe fine of seven hundred fifty dollars ($750.00). Applicant was discharged from probationon October 28, 1997.
Female Petitioner was arrested on July 27, 2003 for the state jail felony offense ofPossession of Cocaine in Saint Louis, Missouri. On March 24, 2004, Petitioner was granteda motion of Dismissal due to insufficient evidence. On August 26, 2003, Petitioner wasconvicted of the state jail felony offense of Possession of Cocaine in Dayton, Texas.
Petitioner’s probation for her offense on March 2, 2000, was revoked and Petitioner wassentenced to one hundred eighty (180) days confinement. On February 20, 2003, Petitionerwas issued an Order of Conditional Eligibility, by the Board of Nurse Examiners for theState of Texas, placing her initial license on probation for eighteen (18) months.
Female Petitioner was charged on February 4, 2002 with the misdemeanor offense of Failureto Identify. Petitioner entered a plea of guilty and was sentenced to two (2) daysconfinement and assessed a fine in the amount of two hundred dollars ($200.00). On March3, 2003, Petitioner was charged with the misdemeanor offense of Driving While LicenseSuspended. Petitioner entered a plea of guilty and was sentenced to forty-five (45) daysconfinement with eleven (11) days credit for time served. On March 3, 2003, Petitioner wascharged with the misdemeanor offense of Driving While License Suspended. Petitionerentered a plea of guilty and was sentenced to forty-five (45) days confinement with six (6)days credit for time served. On August 25, 2003, Petitioner was charged with themisdemeanor offense of Driving While Intoxicated. Petitioner entered a plea of guilty andwas sentenced to thirteen (13) days confinement with one (1) day credit for time served. OnApril 6, 2002, Petitioner was arrested for the misdemeanor offense of Driving While LicenseSuspended. On August 25, 2003 the case was dismissed due to a conviction in another case.
On August 25, 2003, Petitioner was charged with the misdemeanor offense of ResistingArrest Search or Transport. Petitioner entered a plea of guilty and was sentenced to one (1)day confinement and assessed a fine in the amount of three hundred dollars ($300.00). OnApril 6, 2002, Petitioner was arrested for the misdemeanor offense of Failure to Identify as Witness. On August 25, 2003 the case was dismissed due to a conviction in a previousDWLS case. On March 29, 2005, Petitioner was charged with the misdemeanor offense ofDriving While License Invalid - 2nd offense. Petitioner entered a plea of guilty and wasassessed a fine and court costs in the amount of four hundred eleven dollars ($411.00). OnAugust 9, 1995, Petitioner was arrested for the misdemeanor offense of Assault CausingBodily Injury in Greenville, Texas. On September 25, 1996, prosecutor rejected the chargewithout Pretrial Diversion. On April 6, 2002, Petitioner was arrested for the misdemeanoroffense of Endangering a Child by the Greenville Police Department. On May 25, 2004, thecase was dismissed by the District Attorney with no charges filed.
Female Petitioner was arrested on November 5, 1996 on twelve (12) counts ofEmbezzlement by the Roswell, New Mexico Police Department. Petitioner admitted to theBeall’s store manager that she and two (2) other employees had taken part in fraudulentactivity. On July 14, 1997, Petitioner entered a plea of no contest to the felony charges ofcount 1, Embezzlement Over $250.00; count 2, Fraud Over $250.00; count 3, Fraud Over$250.00; and count 4, Fraud Over $250.00. On August 4, 1997, proceedings were deferredwithout adjudication of guilt and Petitioner was sentenced to three (3) years probation andordered to pay restitution. On February 23, 1999, Petitioner received an early dischargefrom probation and the case was dismissed. On June 15, 2000, Petitioner was arrested forthe misdemeanor offense of Battery in Roswell, New Mexico. No charges were filed.
Continued (0):
Denied (0):
PETITIONER REQUESTS FOR EXCEPTION TO A PREVIOUS BOARD ORDER (2):
One (1) Continued. One (1) Denied.
ELIGIBILITY AGREED ORDERS (16): Approved.
REINSTATEMENT AGREED ORDERS (4): Approved.
DISCIPLINARY AGREED ORDERS (45): Approved.
DEFAULT REVOCATION ORDERS (33): Approved.
DEFAULT SUSPENSION ORDERS (0)
MOTIONS FOR REHEARING (1): Approved
ALJ PROPOSAL FOR DECISION (1): Approved.

Source: http://www.bon.state.tx.us/about/July06/5-1-1.pdf