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Nursing board conducts prehearing review on RN with DUI; members recommend administrative follow‑up, not a full hearing

3189712 · April 16, 2025
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Summary

The Department of Public Health nursing board reviewed documents in the prehearing packet for Paul Edward Silvestri, RN (petition no. 2024‑89), involving a DUI arrest the respondent did not report within 30 days.

The Department of Public Health nursing board conducted a prehearing review for Paul Edward Silvestri, RN (petition no. 2024‑89). Counsel for both parties had submitted an agreed packet of documents that the board members used for their review; the board emphasized this was a prehearing review, not a contested hearing or a vote on formal discipline.

The investigative and court documents in the packet indicate Silvestri was arrested for driving under the influence, did not notify the Department of Public Health within the 30‑day reporting period referenced in the statutes and regulations, and subsequently completed court‑ordered sanctions. Board members noted the respondent completed a court‑ordered evaluation at MCC Torrington and a 10‑week alcohol‑education program that included random urine screens; the packet also listed additional court obligations (including community service) and a criminal motor vehicle conviction record.

Board members said there was no evidence in the submitted packet that the respondent practiced nursing while impaired or engaged in patient‑care misconduct. Several members said they did not believe the matter needed to be referred to a full public hearing. Board member Cindy said she did not believe a hearing was necessary because the conduct “did not involve patient care” and that the case appeared to concern failure to report rather than on‑duty impairment. Other members suggested options short of a hearing: an administrative letter reiterating the seriousness of DUI and of the duty to report, confirmation that court‑ordered sanctions were completed, or a short period of probation with conditions — for example, if the board later has evidence of work‑related safety concerns, probation could provide an enforcement mechanism.

Board counsel and department counsel reminded members that the prehearing review is advisory and that attorneys would confer about the next steps. Attorney Costello (representing the respondent) said he would work with department counsel to resolve the matter administratively. The board made no formal disciplinary vote during the session.

Why it matters

A physician or nurse DUI can trigger licensing inquiries when the practitioner fails to comply with reporting obligations or when on‑duty impairment is at issue. In this case the board’s review of the court and evaluation records led members to view the matter as resolved by court sanctions and not requiring immediate formal discipline, but the record is limited to the agreed packet and the board’s comments were advisory.

What’s next

Counsel will confer and the department will determine whether an administrative letter, negotiated settlement, probationary terms, or a hearing is the appropriate next step given the completed court sanctions and submitted evaluation records. If new evidence emerges suggesting on‑duty impairment or risk to patients, the board could revisit the decision to schedule a hearing.