Recent high profile media attention has been focused on Sunrise Hospital’s allegations that two nurses were intentionally “disrupting catheters” in the Neo-natal Intensive Care Unit of Sunrise Children’s Hospital. Murphy Jones LLP successfully defended one of the accused nurses, Jessica Rice, who voluntarily placed her nursing license on “Inactive Status” during the investigation by Las Vegas Metro Police and the Nevada State Board of Nursing. Subsequently, the investigation has failed to produce any evidence of wrongdoing of any nurses, both nurses have had their licenses reinstated and the police have not filed any criminal charges. 

For further information relating to the case, please see:

Las Vegas Channel 8 News story wherein Attorney Kathleen Jones is interviewed and speaks about her client, Jessica Rice, who was wrongfully accused of cutting catheters in the Neo-natal Intensive Care Unit of Sunrise Children’s Hospital, the inadequate investigation by Sunrise Hospital and the wrongful termination of the nurses.

Las Vegas Channel 8 News story describing that the accused nurses had their licenses reinstated after the Nursing Board’s investigation, and the police investigation, because their was no evidence of wrongdoing of either nurse.

Las Vegas Channel 8 News story explaining that the Sunrise Hospital investigation of the ‘disrupted catheters,’ and the report that prompted the criminal investigation, was inadequate and failed to produce any conclusive findings. Sunrise Hospital hired a “metallurgist” (specialist in metals) to examine the rubber catheters. The investigation did not examine whether a product failure was the cause, and the hospital requested the expert to state whether or not the lines could have been cut and not to determine the cause of the catheter failures. The Las Vegas Metro Police investigation into ‘intentional disruption’ was based in part on the findings of Sunrise’s investigation.

Las Vegas Review Journal newspaper Nov. 7, 2010 ”Babies’ deaths haunt Sunrise nurses” wherein Attorney Kathleen Jones is quoted regarding Sunrise Hospital’s failure to properly investigate.

Las Vegas Review Journal newspaper Nov. 21, 2010 article “Safety shortcomings spotted in Sunrise catheter case” wherein Debora Simmons, head of the Houston-based National Center for Cognitive Informatics and Decision Making in Healthcare said, ”This is a failure of hospital leadership…We’re talking about a culture where tolerance of patient harm was allowed to develop…You have to fix a problem before you kill somebody.” Ms. Simmons went on to say, “They (Sunrise officials) should have recognized that they didn’t have the expertise to deal with this right away…The way they handled this was a tragedy.”

Las Vegas Review Journal newspaper Jan. 17, 2011 article “Hospital Warned about evidence in catheter case” describing that Sunrise Hospital officials have been warned not to ”destroy, conceal, and/or alter any evidence” surrounding catheter failures at the institution.” The catheter failures led to one infant’s death and another infant patient needed a life-saving operation as a result of a separate catheter failure. Attorney George Kelesis was quoted as saying, ”Unfortunately, Sunrise has been known to get rid of evidence that may hurt them before they go to court” in reference to a 2004 $5 million medical malpractice lawsuit which made it to the Nevada Supreme Court in which Sunrise Hospital “had a duty to preserve anesthesia equipment used in patient’s surgery” and sold the equipment in question instead of preserving it for inspection.
 

Did you know that in Nevada and California a first time criminal conviction for driving under the influence, or other misdemeanor, can lead to disciplinary action by the State Board of Nursing?

Both the State Boards of Nursing in Nevada and California may view a conviction of D.U.I., and certain other misdemeanors, as "unprofessional conduct" under each state's Nurse Practice Act. [Nev.: NRS 632.120, 632.320, NAC 632.890; Cal.: Bus. & Prof. Code 2761(f), et. al.]. Both Nevada and California have adopted regulations requiring nurses to submit fingerprints when applying for, or renewing, a nursing license. The State Boards are now receiving information regarding prior convictions of licensees. The Boards review matters on a case-by-case basis, and consider several factors when evaluating an appropriate course of action, including, but not limited to: the nature and severity of the act; the harm to public; the harm to patient; the prior criminal &/or disciplinary history; any time elapsed between convictions &/or Nurse Practice Act violations; any mitigating circumstances; and any, rehabilitation evidence.

Often times criminal attorneys, under a mistaken impression, instruct a nurse that he/she need not disclose misdemeanor convictions on their RN License/Renewal Application -- this is incorrect. Nevada and California require nurses to disclose all "criminal convictions"  which include misdemeanors such as D.U.I. If a nurse is convicted of a misdemeanor and fails to disclose that on the License Application, the Board of Nursing may Deny or Revoke a license for fraudulent application. [N.R.S. 632.320; Cal.: Bus. & Prof. Code 2761(b)].

Other states have legal precedent indicating that a D.U.I. is not "unprofessional conduct relating to the practice of nursing" based on the particular facts of a nurse's situation, which may be utilized by an attorney to help protect a nurse's license after a conviction. [See: In the Matter of Charles S. Phillips, Docket No. 507-05-6929 [Texas]; Ross v. State Board of Nurse Examiners, Docket No. 507-06-0911 [Texas]. You should consult a nurse-attorney regarding the specific facts of your matter, and the laws of your state, to determine the best course of action for your particular situation.

What should a nurse who is convicted of a D.U.I., or other misdemeanor, do? Consult an attorney specializing in State Board of Registered Nurses licensing & disciplinary matters. Depending on the time, type and factual basis of a conviction, various options are available to the nurse. The worst thing a nurse can do is fail to disclose a criminal conviction and hope that the Board does not find out.