State ex rel. Miles v. W. Va. Bd. of Registered Prof’l Nurses

Petitioner, who worked as a registered nurse at a Hospital, was terminated for allegedly violating the Hospital’s narcotic waste policies. Petitioner self-reported her termination to the West Virginia Board of Registered Professional Nurses. The Board issued a notice of complaint on April 2, 2013. On August 14, 2013, the Board issued an interim status report to the Hospital. A hearing was eventually set for January 20, 2015 but was continued until February 19, 2015. Petitioner filed this petition for a writ of prohibition asserting that the Board’s failure to resolve the complaint against her within one year from the date of the status report pursuant to W. Va. Code 30-1-5(c) divested it of jurisdiction to proceed on the complaint. The Supreme Court granted Petitioner’s requested relief, holding that the Board exceeded its jurisdiction in this case by failing to comply with the statutory mandates of section 30-1-5(c). View "State ex rel. Miles v. W. Va. Bd. of Registered Prof’l Nurses" on Justia Law