24-CA-265
La. Ct. App.Jan 29, 2025Background
- Natalie Henderson, a licensed practical nurse in Louisiana since 2011, was accused of patient abandonment, insubordination, unprofessionalism, and failure to perform nursing duties while employed at River Place Behavioral Health Hospital.
- The Louisiana State Board of Practical Nurse Examiners investigated after receiving workplace complaints and discovered further allegations through subpoenas, including an employee corrective action and a subsequent resignation.
- Henderson also faced unrelated criminal charges (aggravated assault and battery), which surfaced during the Board’s investigation, though none led to conviction.
- After a hearing where both parties presented evidence, the Board found the hospital’s chief nursing officer credible, but not Henderson, concluding she was unfit or incompetent and guilty of unprofessional conduct.
- The Board suspended Henderson's license with conditions for reinstatement, including psychological evaluation, required coursework, and payment of fines.
- Henderson sought judicial review; the trial court and subsequently the appellate court affirmed the Board’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Use of hearsay evidence | Board improperly relied on hearsay | Hearsay is admissible in admin. hearings | Hearsay allowed if relevant and competent |
| Retaliation for whistleblowing | Suspension was retaliation for complaints | No evidence of retaliation; based on conduct | No evidence of retaliation; Board acted on conduct |
| Sufficiency of evidence of misconduct | Did not abandon patients or fail to document | Testimony and records support charges | Sufficient evidence supported Board’s findings |
| Consideration of criminal charges | Inclusion was arbitrary and prejudicial | Decision not based on unrelated charges | Evidence independently supported suspension |
Key Cases Cited
- Spears v. Louisiana Board of Practical Nurse Examiners, 223 So.3d 679 (La. App. 5 Cir. 2017) (setting out burden of proof and deference to administrative board findings)
- Matter of Ford v. Louisiana State Bd. of Practical Nurse Examiners, 361 So.3d 1200 (La. App. 5 Cir. 2023) (explaining appellate standard of review in administrative license suspension cases)
- Blanchard v. Allstate Ins. Co., 774 So.2d 1002 (La. App. 1 Cir. 2000) (noting any one ground in the administrative review statute can suffice for reversal or modification)