Whittington v. Office of Professional Regulation

Respondent Leslie Anne Whittington appealed an Office of Professional Regulation (OPR) order that concluded she committed several acts of unprofessional conduct and sanctioning her to a five-year license suspension. Respondent worked as a Nursing Home Administrator (NHA) from October 2006 until 2010. In its Amended Specification of Charges, the State alleged that respondent committed a host of specified acts that amounted to unprofessional conduct. In particular, the State alleged that respondent engaged in unprofessional conduct by failing to keep the home’s supplies adequately stocked; failing to keep the home adequately staffed; creating an erratic and hostile environment for staff and residents, possibly due to mental or psychological instability; allowing regulatory deficiencies to occur and responding poorly to two routine regulatory by the Vermont Division of Licensing and Protection; failing to ensure that residents’ records were properly kept; improperly interfering with nurses’ delivery of medication to residents and other nursing duties or medical decisions; falsely representing that she was a licensed nursing assistant and was close to earning a nursing degree; and improperly physically removing the ombudsman responsible for the home from the premises. Upon review of the OPR record, the Supreme Court reversed the Administrative Law Officer’s determinations that respondent engaged in unprofessional conduct by questioning a doctor’s withdrawal of life-sustaining treatment and on account of the Division of Licensing and Protection survey deficiencies, but affirmed the ALO’s other findings of unprofessional conduct. The case was remanded to the trial court for remand to the ALO for redetermination of the applicable sanction. View "Whittington v. Office of Professional Regulation" on Justia Law