Department of Public Health moves into executive session during nurse disciplinary hearing

The Department of Public Health opened a disciplinary hearing alleging that a nurse, identified in the record as the respondent (Miss Paulson), provided controlled substances to a vulnerable coworker for an extended period and worked while impaired, and asked the board to remove the nurse's privilege to practice.

Attorney Joelle Newton, counsel for the Department of Public Health, told the board that "Nurses, as everybody knows, are the foundation of health care," and said the case involved a coworker who "reached out to her asking for help" and was instead supplied controlled substances "for 3 to 4 years." Newton said the coworker later sought help and is now sober; she urged the board that the public and patients would be at risk if the nurse continued to practice.

Respondent counsel Attorney Zingaro said the board should weigh mitigating context, telling members that the respondent likewise "had a brutally painful condition" and later became sober. "She's now drug free. She's now sober, and she's now doing much better," Zingaro said, arguing these facts should be considered in the board's deliberations.

The Department identified three witnesses: a confidential coworker whose testimony the Department asked to hear in executive session because it would include protected medical information, plus two public witnesses present to be sworn, Richard Sebastian and Bridal Bisson. Court reporter Mister Dixon administered the oath to Sebastian and Bisson and recorded their names; Sebastian was identified in the record as "President and CEO."

Board member Sal moved to go into executive session on the Department's request; Mary seconded. The chair conducted a roll call: Sal—Aye; Mary—Aye; Camille—Aye; Gina Reiner—Aye. The motion passed 4-0 and staff prepared to move participants into the closed session so the coworker could testify about confidential medical matters. The Department and counsel noted that several exhibit pages are sealed and that the coworker's full testimony and name would be handled in the executive session.

Board counsel Liz Bannon advised the board that, while Elizabeth had missed opening statements, she had not missed evidence and therefore could participate in fact-finding and vote. Both the Department and respondent counsel raised no objection to her participating in factfinding.

The hearing will continue in executive session with the sworn public witnesses present in the record and the confidential coworker testifying in closed session. No final disciplinary ruling is recorded in the public portion of the transcript.