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Wheat v. Louisiana State Board of Practical Nurse Examiners

Court of Appeals of Louisiana, Fifth Circuit

November 27, 2017

LILLIE D. WHEAT
v.
LOUISIANA STATE BOARD OF PRACTICAL NURSE EXAMINERS

         ON 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. Hogan, Jr.

          COUNSEL FOR DEFENDANT/APPELLEE, LOUISIANA STATE BOARD OF PRACTICAL NURSE EXAMINERS Jerry W. Sullivan

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Robert A. Chaisson

          SUSAN M. CHEHARDY CHIEF JUDGE.

         On 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.

         Facts and Procedural History

         The 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."

         In 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.

         Ms. Wheat was informed that her eligibility for licensure would be determined by the "full board following a formal hearing."

         On May 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.

         On 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 ...


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