LCoastMom
JUSTICE FOR CAYLEE MARIE - STILL WAITING
- Joined
- Aug 19, 2008
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Welcome to WS and Thank You for following up on this. The Texas Board of Nursing - discipline roster is current thru June 2010 - so I hadn't caught the surrender.
SECOND AMENDED FORMAL CHARGES
On or about Oct 29, 2009, Respondent was indicted on a state felony offense in Harris Co .... SERIOUS BODILY INJURY to Emma Thompson, a child under 15 years of age, by failing to provide adequate medical attention....
On July 12, 2010, Respondent was convicted of a lessor offense of RECKLESS SERIOUS BODILY INJURY TO A CHILD BY OMISSION, a 2nd Degree Felony in violation of...... Respondent was sentenced to twenty (20) years confinement and assessed a fine in the amount of $10,000.
The above action constitutes grounds for disciplinary action....
NOTICE IS GIVEN that the staff will present evidence in support of recommended disposition of up to revocation of Respondent's license to practice nursing in the State of Texas pursuant to the Boards rules....
Additionally, staff will seek to impose on Respondent the administrative costs (investigative, court reporter, witnesses, reproduction of records, Board staff time, travel, and expenses.) These shall be in an amount of at least $1200.00.
According to the specific surrender:
Dear Texas Board of Nursing (August 4,2010)
I no longer desire to be licensed as a professional nurse.* Accordingly, I voluntarily surrender my license to practice in Texas. I consent to the entry of an Order which outlines requirements for reinstatement of my license. I understand that I will be required to comply with the Board's Rules and Regulations in effect at the time I submit any petition for reinstatement.
Date 8/4/2010 - Signature: A Young
Texas Nursing License Number 677580
Notarized by Kathy Stuil 4/Aug/2010
*This is BS - one way or another, by virtue of her felony conviction the license was going. This makes it appear she had a choice in the matter!
Order of the Board
...The Board accepted the voluntary surrender of RNLN, issued to ABIGAIL ELIZABETH YOUNG, (Respondent). ...in accordance with Section 301.453(c) Texas Occupations Code.
Respondent waved counsel.....
1. Respondent shall (handover) her license, to the State Board.
2. Respondent shall not practice or represent herself to be an RN.....
3.Respondent shall not petition for reinstatement of licensure until one (1) year has elapsed from date of Order.
4. Upon petitioning for reinstatement Respondent shall satisfy all then existing requirements.
It is further agreed and ordered that this Order Shall be applicable to Respondent's compact privileges** (if any) to practice professional nursing in the State of Texas.
**privileges that allow a nurse licensed in another state to practice in Texas or licensed in Texas (in Young's case) to practice in another state.
Effective 16th of August, 2010.
NOTICE IS GIVEN.... ADOPTED DISCIPLINARY GUIDELINES FOR CRIMINAL CONDUCT, FOUND AT:
https://www.bon.state.tx.us/discipli...scp-guide.html
Adopted Disciplinary Matrix
§301.452(b)(4) conduct that results in the revocation of probation imposed, because of conviction for a felony or for a misdemeanor involving moral turpitude.
Eligibility and Discipline will be reviewed under Board’s Disciplinary Guidelines for Criminal Conduct published at:
http://www.bon.state.tx.us/disciplin...scp-guide.html.
The Board will also utilize 22 Tex. Admin. Code 213.28, the Occupations Code §301.4535, and the Occupations Code Chapter 53, including §53.021(b), which provides that a license holder’s license shall be revoked on the license holder's imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.
Rationale for How Crimes Relate to the Practice of Nursing:
Issue License w/ stipulations if not on felony probation; if on felony probation, Deny/Revoke
If judicial order for conviction or deferred adjudication occurred 0-5 years ago Deny/Revoke
Third Tier Offense:
Practice below standard with a serious risk of harm or death that is known or should be known. Act or omission that demonstrates level of incompetence such that the person should not practice without remediation and subsequent demonstration of competency. In addition, any intentional act or omission that risks or results in serious harm.
Sanction Level I:
Denial, suspension of license; revocation of license or request for voluntary surrender.
Aggravating Circumstances for §301.452(b)(13): Number of events, actual harm, impairment at time of incident, severity of harm, prior complaints or discipline for similar conduct, patient vulnerability, failure to demonstrate competent nursing practice consistently during nursing career.
Because these findings are multiple pages long I have taken a few shortcuts in reproducing them here, without changing their meaning.
I guess as I get older and wiser, I'm learning: "never, say never" is a good mantra when it comes to dealing with the law in general - it appears the felony conviction will prevent Abby from practicing nursing at least thru her sentence and any parole, some statements in the matrix appear to say she will not be relicensed ever - but because each case is determined by their own merits - I am not willing to say that what I have read on the Disciplinary Board Site - means she will never work as an RN again.
