In addition to the civil penalty, Ms. Miller also must pay the costs of the proceeding in accordance with Tenn.Code Ann. In these cases, the courts do not reweigh the evidence or substitute their judgment for that of the administrative agency. Ms. Miller has only taken issue with the sufficiency of the evidence supporting the Board's conclusion that she was guilty of a crime. Click here to review the Tennessee Code Annotated. R. & Regs. The charge nurse informed her that she must inform a supervisor that she was leaving the hospital, but Ms. Miller purposely decided not to tell the supervisor that she was leaving. M.S., Director of Nursing Practice at (410)585-1927 should you require further clarification of this document. This question is answered by reviewing the essentially undisputed facts in light of the Board's revised position statement. After considering the evidence introduced at the contested case hearing, the Board found that Ms. Miller had indeed abandoned her patients when she left the hospital before the end of her shift without informing the supervisor. However, while she was on the elevator, she decided that she would not inform the supervisor that she was leaving the hospital. First, CNA "abandonment" is not an issue unless it was a home care aide who actually left a patient. Ms. Miller was concerned that the supervisor would instruct her to go to the emergency room. For client abandonment to occur, the nurse/registrant must: Have first ACCEPTED the client assignment, thus establishing a nurse client relationship; AND then DISENGAGED the nurse client relationship without giving reasonable notice to the qualified person (supervisor, colleague, etc) so that others can make arrangements for continuation of nursing care. Patient and Employer Abandonment - Frequently Asked Questions & Answers. This stress did interfere with work in the past and the Board wants to make sure that doesn't happen again. Doug Ducey Joey Ridenour Governor Executive Director Arizona State Board of Nursing 1740 W Adams Street Suite 2000 Phoenix. However, it did not proceed with this charge at the administrative hearing and thus presented no evidence of any sort regarding Ms. Miller's psychological fitness to practice nursing. Jean Louise MILLER v. TENNESSEE BOARD OF NURSING. We turn first to the most serious charge against Ms. Miller-patient abandonment. 63-7 (Nursing). Many nurses are concerned about patient care situations that may result in an allegation of patient abandonment. She never worked very long at any particular job. OKLAHOMA BOARD OF NURSING 2915 N. Classen Boulevard, Suite 524 Oklahoma City, OK 73106 (405) 962-1800 Abandonment Statement I. Generally for patient abandonment to occur, the nurse must: Based on these findings, the Board suspended Ms. Miller's license to practice nursing “pending a psychological evaluation of Respondent's suitability to practice nursing” and ordered her to pay a $1,000 civil penalty and costs. The Division also failed to present evidence that Ms. Miller's patients required care between the time she left the hospital and the end of her shift. R. & Regs. Comm'n, 15 S.W.3d 486, 490 (Tenn.Ct.App.1999);  Ware v. Greene, 984 S.W.2d 610, 614 (Tenn.Ct.App.1998). Instead, the Board noted that. We have determined that the record contains substantial and material evidence that the nurse abandoned her patients and that the Board did not act arbitrarily by requiring the nurse to pay a $1,000 civil penalty. In its original notice of charges, the Board sought a $1,000 civil penalty for Ms. Miller's abandonment of her patients as proscribed by Tenn. Comp. As a final matter, Ms. Miller asserts that the Board acted arbitrarily and capriciously by suspending her nursing license pending a psychological evaluation of her suitability to continue to practice nursing and by requiring her to pay a civil penalty and costs. b) Severed that nurse-patient relationship without giving reasonable notice to the appropriate person (e.g., supervisor, patient) so that arrangements can be made for continuation of nursing care by others. 63-1 (Division of Health Related Boards) and T.C.A. the series of events that have occurred with the Respondent have caused her great emotional and mental stress to the point where it did interfere with her ability to perform her job appropriately;  for not coming in for certain shifts and also for leaving. The Division initially charged that Ms. Miller was “mentally incompetent” for the purpose of Tenn.Code Ann. There she informed the other four nurses on duty in the med/surg unit that night that she was ill and that she was leaving the hospital to go home. She testified that she felt “defenseless” and that she became “deliberately paranoid.”   She feared that the police were tapping her telephone and keeping her under surveillance. Accordingly, she explained that she “lost a lot of sleep” and was “stressed out” because she was convinced that she would be returned to jail if she was arrested again while on probation. Tennessee Board of Nursing • 665 Mainstream Drive • Nashville, TN 37243 Tel: 615-532-5166 • Fax: 615-741-7899 • 6 * No new offers of admissions may be extended - effective immediately. When the factual support for an administrative decision is challenged, the courts must examine the entire record to determine whether the decision is supported by substantial and material evidence. § 63-7-115(a)(1)(F) and Tenn. Comp. Ms. Miller's belief that the Board imposed monetary penalties against her for committing these two crimes is mistaken. Ms. Miller moved to Tennessee in 1997. She also decided that the other nurses knew that she had been trying to have someone monitor the fetal heart tones of the prenatal patient and that they would follow up on that procedure as well. Thus, persons whose records have been expunged may properly decline to reveal or acknowledge the existence of a former charge. of Tenn., 29 S.W.3d 487, 490 (Tenn.Ct.App.2000). It asserted that Ms. Miller should be disciplined in accordance with Tenn. Code Ann. Patient abandonment is a term which is often used by health care regulatory agencies, employers of health care personnel, the nursing profession and the consumer. Board of Nursing 3605 Missouri Boulevard P.O. But I completed most of my nursing coursework in FL, and I understand it that you can't refuse an assignment or even a patient unless there is someone else who can/will take your place. § 63-7-115(a)(1)(E) (2004) because she was mentally incompetent. 63-1-160 requires that on or after January 1, 2021, any prescription for a Schedule II, III, IV or V controlled substance issued by a prescriber who is authorized by law to prescribe the drug must be issued as an electronic prescription from the person issuing the prescription to a pharmacy. Ms. Miller was informed of this policy, but she chose to ignore it. Statutes are proposed and made law by the Tennessee State General Assembly (Legislature). The Board, following specific notice requirements and hearings, adopts rules. Practice Information Abandonment in Nursing. Ms. Miller sought counseling and treatment following the incident but eventually decided to “work it out” herself at home because she was not satisfied with the treatment she was receiving. One patient had chronic obstructive pulmonary disease;  one was recovering from surgery;  and one was a prenatal patient who required monitoring of her fetal heart tones. Ms. Miller has perfected this appeal. After she tore up the report and spit in the officer's face, she was charged with the misdemeanor offenses of vandalism and resisting arrest. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. We also concluded in our September 26, 2007 opinion that the Division presented no competent evidence regarding Ms. Miller's psychological condition.2 Thus, in light of the shortcomings in the Division's notice of charges and the factual deficiencies in the Division's case, the Board could not, at least in this proceeding, suspend Ms. Miller's license pending a psychological evaluation.