LILLIE D. WHEAT
LOUISIANA STATE BOARD OF PRACTICAL NURSE EXAMINERS
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 744-105, DIVISION
"I" HONORABLE NANCY A. MILLER, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, LILLIE D. WHEAT Thomas J.
COUNSEL FOR DEFENDANT/APPELLEE, LOUISIANA STATE BOARD OF
PRACTICAL NURSE EXAMINERS Jerry W. Sullivan
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Robert A. Chaisson
M. CHEHARDY CHIEF JUDGE.
appeal, Lillie Wheat challenges that trial court's ruling
that affirmed the decision of the Louisiana State Board of
Practical Nurse Examiners (the "Board"), to deny
her application for licensure. For the following reasons,
this appeal is dismissed.
and Procedural History
facts are not in dispute. On January 31, 2012, Ms. Wheat
completed a form entitled "Evaluation for Admission to a
Practical Nursing Program." In her application, Ms.
Wheat admitted that she had been terminated or resigned in
lieu of termination by a state agency. In her explanation of
the incident, Ms. Wheat stated that she was "wrongfully
terminated" for using "excessive force" while
defending herself against a "violent female youth."
2013, after completing her coursework, Ms. Wheat applied to
the Board to take the practical nursing exam to obtain her
license. On July 18, 2013, Ms. Wheat received a letter from
the Board, seeking further information regarding her
termination from a state agency. On November 12, 2013, in its
subsequent letter, the Board informed Ms. Wheat as follows:
Upon reviewing all information submitted, it appears that you
may have violated the law relating to the practice of
practical nursing. A summary of the accusations being made
against you is as follows:
The board received documents from Florida Parish Juvenile
Detention Center (FPJDC) indicating that you were terminated
on January 19, 2012 for violating company role/policy by
using excessive force on a child and made several threatening
statements. Additionally, on your application for employment
with FPJDC, you stated that you graduated from Coastal
College's Certified Nursing Assistant (CNA) program;
however on your evaluation form you state that you did not
complete the CNA program at Coastal College.
Wheat was informed that her eligibility for licensure would
be determined by the "full board following a formal
2, 2014, the formal hearing before a hearing officer was
held. On October 10, 2014, at the meeting of the full board,
the hearing officer presented findings of fact and
conclusions of law, with her recommendation that Ms. Wheat be
denied licensure, fined $500.00 for violations of La. R.S.
37:969(A)(4), and assessed a hearing fee of $500.00. The
Board adopted the hearing officer's findings and
conclusions and issued an order denying Ms. Wheat's
eligibility for licensure, which was mailed to Ms. Wheat on
October 10, 2014.
November 7, 2014, Ms. Wheat filed a petition for judicial
review of the adverse administrative ruling. In her brief to
the district court, she alleged that the Board's decision
should be reversed because, after the Board's initial
acceptance and admission of Ms. Wheat into a Practical
Nursing Program, the Board caused Ms. Wheat to rely to her
detriment that she was eligible ...