Department of Public Health investigative report admitted; key pages sealed, other exhibits contested

The Nursing Board admitted the Department of Public Health's investigative report as a full exhibit and ordered pages 1 through 8 of that report sealed.

Respondent's counsel objected to Department Exhibit 1 as hearsay and argued the Department's expert should testify rather than the investigative report being admitted. Department counsel said hearsay is admissible in administrative proceedings and described the report as the product of a Department nurse consultant who reviewed the investigation. Board counsel advised that hearsay may be admitted in administrative proceedings if reliable and probative, but the panel should consider the weight to be afforded the material.

After discussion the chair overruled the objection and admitted Department Exhibit 1 as a full exhibit, noting pages 1–8 would be sealed. Department counsel alerted the panel that page 11 of one submission had the patient's name redacted.

The Department also submitted Department Exhibit 2 (a complaint dated 03/02/2023 from the patient's health‑care representative); respondent objected on hearsay and relevance grounds, and the panel entered that exhibit under seal. Department Exhibit 3 (facility licensing and investigation records, including portions of the patient medical record and facility policies) prompted additional objections: respondent objected to portions that are not part of the patient's medical record and requested time to itemize page‑by‑page objections. The Department said those documents had been provided to its expert and were material to the investigation. The panel asked counsel to prepare an itemized list of objections for the post‑lunch session.

The chair cautioned board members to be mindful of the weight given to non‑party statements and to distinguish between background material and evidence that supports factual findings.