STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BUREAU OF HEARINGS

Transcription

1 STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BUREAU OF HEARINGS In the matter of Barbara Rozalia Kucharski, RN, aka Barbara Rozalia Sanders, Petitioner v Bureau of Health Services, Respondent / Docket No Agency No Agency: Bureau of Health Services Case Type: Appeal Reinstatement Issued and entered this 10 th day of January, 2002 by Erick Williams Administrative Law Judge PROPOSAL FOR DECISION PROCEDURAL HISTORY Barbara Sanders nursing license was summarily suspended in August 1998 because of a drug addiction problem. She applied for reinstatement in July Thomas Sparks, of Butzel Long, represented Ms. Sanders. Linda Craven, Assistant Attorney General, represented the Bureau of Health Services. This opinion recommends reinstatement. Before her recent marriage, Ms. Sanders name was Kucharski; this opinion uses her current name.

2 Page 2 ISSUES AND APPLICABLE LAW which reads: The statute governing reinstatement of nursing licenses is MCL , (1) A board or task force may reinstate a license or issue a limited license to an individual whose license has been suspended or revoked under this part if after a hearing the board or task force is satisfied by clear and convincing evidence that the applicant is of good moral character, is able to practice the profession with reasonable skill and safety to patients, has met the criteria in the rules promulgated under section 16245(6), and should be permitted in the public interest to resume practice. Pursuant to the rules promulgated under section 16245(6), as a condition of reinstatement, a disciplinary subcommittee, upon the recommendation of a board or task force, may impose a disciplinary or corrective measure authorized under this part and require that the licensee attend a school or program selected by the board or task force to take designated courses or training to become competent or proficient in those areas of practice in which the board or task force finds the licensee to be deficient. The board or task force may require a statement on a form approved by it from the chief administrator of the school or program attended or the person responsible for the training certifying that the licensee has achieved the required competency or proficiency. (2) As a condition of reinstatement, a board or task force shall place the licensee on probation for 1 year under conditions set by the board or task force. If a licensee whose license has been revoked cannot apply for reinstatement for 5 years after the date of revocation, then, as a condition of reinstatement, the board or task force shall require the licensee to take and pass the current licensure examination. (3) A board or task force shall not reinstate a license suspended or revoked for grounds stated in section 16221(b)(i), (iii), or (iv) until it finds that the licensee is mentally or physically able to practice with reasonable skill and safety to patients. The board or task force may require further examination of the licensee, at

3 Page 3 FINDINGS OF FACT the licensee's expense, necessary to verify that the licensee is mentally or physically able. A licensee affected by this section shall be afforded the opportunity at reasonable intervals to demonstrate that he or she can resume competent practice in accordance with standards of acceptable and prevailing practice. Ms. Sanders has been working in the nursing field since the age of 16 when she volunteered as a nurse aide at Kent Community Hospital. She is licensed as a registered nurse. According to the 1998 complaint in this case, Ms. Sander s drug problem surfaced in January 1998 when she took an overdose of her son s Ritalin and had to seek treatment at a hospital emergency room. Her drug problem got Ms. Sanders in trouble with the Family Court and the Nursing Board. Ms. Sanders last practiced as a nurse in March 1998; her license was suspended in August In about February 1999, she lost custody of her children. Ms. Sanders started the Michigan state government drug treatment program (Michigan Health Professional Recovery Program) in January She had a relapse one or two months later, missed a meeting, and was ejected from the program. She continued using cocaine and alcohol until February In August 1999, Ms. Sanders enrolled in a drug treatment program operated by the Our Hope Association and completed it successfully in September She continues to attend regular support group meetings for nurses as well as Narcotics Anonymous and

4 Page 4 Alcoholics Anonymous meetings. She submitted to drug testing. She had a series of counseling sessions through the Kent County Family Court. In October 2001, Ms. Sanders was readmitted into the Michigan Health Professional Recovery Program. Her monitoring agreement ends in Exhibit 2, pp 1-5. From 1999 to 2001, Ms. Sanders completed 101 hours of continuing education courses. Exhibit 1. Ryan Veeneman, MSW, is a member of New Hope Ministry, an organization in Grand Rapids that specializes in the spiritual needs of people recovering from drug addiction. New Hope Ministry provides nondenominational religious services and hosts Narcotics Anonymous meetings and Alcoholics Anonymous meetings. Ms. Sanders has regularly attended New Hope Ministry since about October She attends four out of five Sunday services. Before 1999, she attended sporadically. In Mr. Veeneman s view, Ms. Sanders consistency of attendance shows her stability, commitment, willingness to give to the community. Ms. Sanders understands value of restoration that some people make errors, through shortcomings or addiction. She can bring compassion to others through understanding that in herself. She understands things she did not understand before. She has good values and boundaries. Mr. Veeneman argues that, if you have the power to discipline people, you should do what you can to restore them. Christine Walkons, MA, is director of the Our Hope Association, a residential drug treatment facility in Grand Rapids. The Our Hope Association also administers drug

5 Page 5 treatment and monitoring programs for the Michigan state government through the Michigan Health Professional Recovery Program. Ms. Walkons letter of October 4, 2001, reads: I am writing in regard to Ms. Barbara Sanders who is presently attending our Health Professionals group in compliance with the Michigan Health Professional Recovery Program. Barb has demonstrated an excellent commitment to recovery since her successful completion of treatment from Our Hope in She is actively involved in 12-Step Recovery and has been attending continuing education classes to secure knowledge and CEUs in her field. She is currently an active participant in groups and able to take the necessary risks to share with her peers and promote her healing. In meeting with this client in individual sessions, I found Barb to be honest and appreciative of her recovery. I have encouraged Barb to continue with her plans to re-establish her nursing license. She remains open to suggestions and continues to demonstrate gratitude... Exhibit 2, p 6 Harriett Hiler owns the Circle of Care, a home health care agency in Grand Rapids. Circle of Care employs nurse aides who visit patients in their homes regularly and nurses and social workers who visit every six weeks to assess patients and plan their treatment. Ms. Sanders began working at Circle of Care in mid She is a nurse aide and does about the same work a nurse aide might do in a nursing home. Ms. Hiler recalls that, when she hired Ms. Sanders, Sanders told her about her licensing problems and her addiction history. In Ms. Hiler s opinion, Ms. Sanders is an excellent nurse aide, reliable and punctual; the patients like her. Because of her nursing background, she has on occasion observed changes in patients conditions that warranted skilled nursing care and reported

6 Page 6 those problems to the nurses. Ms. Hiler would hire Ms. Sanders as a nurse if she got her license back. Dawn DeMarse is Ms. Sanders sponsor in the Alcoholics Anonymous program. Ms. DeMarse has known Ms. Sanders for three years and has been Ms. Sanders sponsor since about October They met at a women s meeting sponsored by the Our Hope Association. Ms. DeMarse reports that Ms. Sanders goes to frequent support group meetings, including meetings sponsored by the Our Hope Association. Ms. DeMarse recalls that Ms. Sanders had enrolled in the Our Hope treatment program, then dropped out, then re-enrolled and graduated. She is now an alumna of Our Hope and attends meetings for alumnae. Ms. DeMarse reports that Ms. Sanders has changed a lot in three years. One sign of the change is her ability to handle stressful events without resorting to drug use. For example, she survived two lawsuits and held up well. In family court, the custody of her children was at stake. Ms. Sanders lost temporary custody but the kids are now back in her home and case is closed. Ms. Sanders took advantage of the counseling the court offered. She found her own resources and put an effort into getting her kids back. Losing her license and possible termination of parental rights was a real awakening for Ms. Sanders. In another lawsuit in small claims court, she sued her landlord for a refund of a deposit and partial rent. In small claims court, Ms. Sanders was honest and low key.

7 Page 7 Ms. DeMarse also observes that Ms. Sanders has kept jobs through hard times. She has been really honest. DeMarse would trust Sanders with all her money. Barb is in a sound recovery. Ms. DeMarse argued that, when professionals go through things like this, it is a good example to other women in recovery. It also gives professionals a different perspective of compassion; they understand that people can get through problems. Joanne Diaz is a fellow-member of Ms. Sander s women s recovery group meeting that meets on Thursday nights. Ms. Diaz has known Ms. Sanders for four or five years and reports that Ms. Sanders has attended meetings regularly since 1998 or She has grown a lot. In summary, Ms. Sanders successfully completed a treatment program through Our Hope Association in She has participated diligently in recovery programs for a substantial period of time. She has been honest and direct about her drug problem. She has a monitoring contract with the Michigan Health Professionals Recovery Corporation, which will continue in force until October She has been working as a nurse aide since mid-2001, and she has accumulated about 100 hours of continuing education credits in the past two years. Her employer, Ms. Hiler, has agreed to hire her as a registered nurse and supervise her under the monitoring contract.

8 Page 8 CONCLUSIONS OF LAW The moral character issue here is whether Ms. Sanders addiction problem is under control. The evidence from Christine Walkons, Ryan Veeneman, Dawn DeMarse, and Joanne Diaz is clear and convincing; the problem is under control. Ms. Sanders has been solidly in recovery for at least two years, and she has a three-year monitoring contract with the Michigan Health Professionals Recovery Corporation to keep the problem under control. Ms. Sanders has the technical skills to return to practice. Although out of practice since 1998, she has been working as a nurse aide since mid-2001, and she has accumulated about 100 hours of continuing education credits in the past two years. Her employer, Ms. Hiler, has agreed to hire her as a registered nurse and supervise her under the terms of the monitoring contract. Under those conditions, Ms. Sanders is likely to practice with reasonable skill and safety to patients. The public interest supports reinstatement. As Mr. Veeneman argues, those with the power to discipline should do what they can to rehabilitate. As Ms. DeMarse argues, when professionals complete recovery programs successfully, it is a good example to other women in recovery. The process of recovery also gives professionals a new sense of compassion, which is a social benefit.

9 Page 9 PROPOSED DECISION Ms. Sanders meets the qualifications for reinstatement under MCL EXCEPTIONS Pursuant to MCL ; MSA 3.560(181), a party objecting to this opinion may file exceptions. Unless the Administrative Law Judge grants an extension of time, exceptions are due 15 days after the date of this opinion, and responses 5 days after exceptions are filed. File with Robert C. Miller, Bureau of Health Services, Box 30670, Lansing, MI Please file a copy with the Administrative Law Judge. Erick Williams Administrative Law Judge