Davis v. Indiana State Board of Nursing
24 N.E.3d 541
Ind. Ct. App.2013Background
- Davis, a licensed practical nurse, was licensed in 1989 after prior inpatient treatment for alcohol abuse.
- She subsequently worked in Indiana for about 22 years without disciplinary action.
- In March 2010, Davis was hospitalized for major depressive disorder with alcohol, benzodiazepine, and cannabis dependencies.
- ISNAP recommended a three-year recovery monitoring agreement (RMA) based on those dependencies; Davis refused to sign the RMA.
- ISNAP and the Attorney General filed complaints over the refusal to enter an RMA; Davis’s employment and performance were reportedly not impaired.
- The Board revoked Davis’s nursing license in December 2011 after hearings and findings of unfitness to practice due to addiction and refusal to participate in monitoring.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board’s revocation was arbitrary or unsupported by substantial evidence | Davis argues evidence did not show impairment affecting safety. | Board contends multiple assessments show unfitness and risk of relapse; substantial evidence supports revocation. | Affirmed; substantial evidence supports unfitness and revocation. |
| Whether trial court erred in citing a non-pleaded administrative code provision | Cited code provision did not form a basis for the complaint. | Board relied on statutory grounds; error in citation does not invalidate decision. | affirmed; no reversible error based on improper citation. |
Key Cases Cited
- Regester v. Indiana State Bd. of Nursing, 703 N.E.2d 147 (Ind.1998) (suspension upheld where addiction potentially affected practice)
- Medical Licensing Bd. v. Robertson, 563 N.E.2d 168 (Ind.App.1990) (discipline upheld when practitioner treated while intoxicated)
- Armington v. Bd. of Medical Registration & Examination, 178 N.E.2d 741 (Ind.1961) (revocation supported by evidence of narcotic addiction and self-prescription)
- Kaminsky v. Dep’t of Envtl. Mgmt., 509 N.E.2d 893 (Ind.Ct.App.1987) (agency decision reviewed for substantial evidence and statutory authority)
- Madison State Hosp. v. Ferguson, 874 N.E.2d 615 (Ind.Ct.App.2007) (deference to agency interpretations in statutory context)