Missouri State Board of Nursing Missouri Cases

Jamie Snethen, a licensed practical nurse, appealed the circuit court's judgment affirming the Missouri State Board of Nursing's order. The Board imposed additional discipline on Snethen's nursing license after she violated the terms of her probation, which included alcohol abstinence and daily check-ins. Snethen argued the Board abused its discretion in denying a continuance, that the discipline was unsupported by evidence, and that the alcohol restrictions violated the ADA. The appellate court affirmed the trial court's judgment, finding no prejudice from the continuance denial, sufficient evidence for the discipline, and that Snethen waived her challenge to the 2018 order and failed to prove an ADA violation for the 2023 order.

Tammy Walsh, a licensed nurse, appealed an order from the Missouri State Board of Nursing that extended her probation for four years due to multiple violations of her initial disciplinary order, which stemmed from diverting and using medication. Walsh argued the additional discipline was arbitrary, capricious, and unsupported by evidence of chemical dependency. The appellate court affirmed the Board's decision, concluding that the Board's action was supported by substantial evidence of probation violations and was within its statutory authority and discretion.

David Kubiak, a registered nurse, faced disciplinary action from the Missouri State Board of Nursing after multiple DWI convictions. The Board placed his license on probation, asserting that his repeated DWI offenses constituted crimes of moral turpitude, allowing them to bypass the Administrative Hearing Commission (AHC). The circuit court reversed the Board's decision, remanding with instructions to dismiss. On appeal, the Western District affirmed the circuit court, holding that misdemeanor DWI, even with multiple offenses, does not qualify as a crime of moral turpitude under the relevant statute, thus requiring the Board to proceed through the AHC.

Katherine Sovulewski appealed the trial court's judgment affirming the Missouri State Board of Nursing's order setting probationary terms for her RN license. The appellate court determined that the Board's action of setting probation terms was a non-contested case, not a contested one, which significantly alters the required judicial review procedures. Because the trial court incorrectly applied contested case procedures, the appellate court reversed the judgment and remanded the case with instructions to allow Sovulewski to amend her petition for review under non-contested case procedures.

Rachel K. Williston's nursing license was revoked by the Missouri State Board of Nursing due to alleged incompetence and negligence during her provision of midwife care. Williston argued that she was acting as a Certified Professional Midwife (CPM), not a Certified Nurse Midwife (CNM), and thus the Board lacked jurisdiction. The circuit court affirmed the Board's decision. The appellate court affirmed, holding that substantial evidence supported the finding that Williston acted as a CNM and that the Board's findings of incompetence and the revocation of her license were supported by evidence and not an abuse of discretion.

Mark Wagner, a registered nurse, appealed the Missouri State Board of Nursing's decision to suspend his license for six months and place him on probation. The Board disciplined Wagner after he pleaded guilty to misdemeanor battery in Kansas for offensively touching a coworker. The circuit court affirmed the Board's decision. On appeal, the Western District affirmed the circuit court's judgment, holding that the battery involved moral turpitude, the Board properly took judicial notice of the Kansas statute, and the Board's disciplinary sanctions did not exceed its authority over Wagner's Missouri license.