Hamlet Hospital and Training School for Nurses v. Joint Committee on Standardization

• Decision Date: 01 February 1952
• Docket Number: No. 595,595
• Citation: 68 S.E.2d 862,234 N.C. 673
• Court: North Carolina Supreme Court
• Parties: HAMLET HOSPITAL AND TRAINING SCHOOL FOR NURSES, Inc. v. JOINT COMMITTEE ON STANDARDIZATION et al.

Page 862

68 S.E.2d 862

234 N.C. 673

HAMLET HOSPITAL AND TRAINING SCHOOL FOR NURSES, Inc. v. JOINT COMMITTEE ON STANDARDIZATION et al.

No. 595

Supreme Court of North Carolina.

Feb. 1, 1952

McLean & Stacy, Lumberton and Helms & Mulliss, Charlotte, for plaintiff, appellee.

Lassiter, Leager & Walker, Raleigh, for defendants, appellants.

JOHNSON, Justice.

The statutory machinery for licensing trained nurses and accrediting training schools for nurses in this State is codified in Chapter 90 of the General Statutes of North Carolina, G.S. § 90-158 through G.S. § 90-171 G.S. § 90-158 sets up 'The North Carolina Board of Nurse Examiners', composed of five members, consisting of three registered nurses to be elected by the North Carolina State Nurses' Association and one representative each from the State Medical Society and the State Hospital Association.

G.S. § 90-159 sets up a Joint Committee on Standardization, consisting of three members appointed from the State Nurses' Association and four members from the State Hospital Association. The statute directs that the Joint Committee on Standardization shall advise with the Board of Nurse Examiners in the adoption of regulations governing the education of nurses. The statute also provides that the Board of Nurse Examiners and the Joint Committee on Standardization shall 'have power to establish standards and provide minimum requirements for the conduct of schools of nursing of which applicants for examination for nurse's license * * * must be graduates before taking such examination.' A related statute, G.S. § 90-162, also requires in effect that an applicant before being permitted to take the examination for licensure as a registered nurse shall have graduated from a school of nursing connected with a general hospital giving a three years course of practical and theoretical instruction, meeting the minimum requirements and standards for the conduct of schools of nursing set up and established by the Joint Committee on Standardization provided for in G.S. § 90-159.

The record in the instant case indicates that this joint accrediting agency had formulated regulations establishing certain minimum requirements and standards for the conduct of schools of nursing in this State. The regulations so promulgated contain a stipulation that if a school meets the minimum requirements for accreditation, it shall be accredited for a period of one year, with provision that 'accreditation shall be renewed annually provided the school continues to meet the minimum requirements for approval.'

It thus appears that under the regulations an accredited nursing school automatically goes off the approved list at the end of the year (30 June), unless the accrediting agency in the meantime takes affirmative action and renews the listing for another year,--and so on from year to year.

The plaintiff's school was on the list of accredited schools of nursing for the year ending 30 June, 1951. The record also shows that on 24 May, 1951, the Joint Committee on Standardiation and The North Carolina Board of Nurse Examiners met in executive session for the purpose of accrediting schools of nursing for the succeeding year. At that meeting 'a motion was * * * passed to the effect that Hamlet Hospital School of Nursing should not be accredited for the school year June 30, 1951-June 30, 1952.' And by notice dated 29 May, 1951, the plaintiff was notified and directed by this joint accrediting agency to show cause before the joint boards in Raleigh on 11 June, 1951, why plaintiff's school of nursing should be listed on the accredited list for the year June 30, 1951 to June 30, 1952. The plaintiff appeared with witnesses before the joint boards at the appointed time and place and at the conclusion of the meeting 'a motion was * * * passed to the effect that plaintiff's school of nursing should not be placed on the accredited list for the year June 30, 1951-June 30, 1952,' and a directive to that effect was issued by the joint boards.

The plaintiff then instituted this action to compel accreditation. After the summons was issued and the complaint filed, the plaintiff obtained from Judge Clement on 21 June, 1951, a temporary order of injunction restraining the defendants from removing the plaintiff's school of nursing from the list of accredited schools in the State until the further order of the court.

After this order of injunction was issued, the plaintiff obviously realized that under the terms of the defendants' regulation for accrediting schools from year to year, the then current accreditation of its school would terminate by virtue of the rule itself on 30 June, 1951, thus rendering the preliminary order of injunction, which merely restrained the removal of plaintiff's school of nursing from the accredited list, insufficient to compel the defendants to place the school on the accredited list for the next year, so as to preserve the status quo pending final determination of the case. Accordingly, the plaintiff on 25 June, 1951, sought and obtained from Judge Clement and order requiring the defendants to appear before Judge Phillips in Rockingham on 30 June, 1951, and show cause 'why an interim mandamus should not be entered * * * commanding them to continue the nursing school of plaintiff on the accredited list * * * until the final determination of this cause.'

When the plaintiff's motion for this affirmative, interim relief came on for hearing, the defendants entered a special appearance and by motion to dismiss challenged the power of the court to hear the matter or issue any form of mandamus. The defendants also interposed a demurrer alleging that the complaint fails to state facts sufficient to constitute a cause of action. At the hearing on 30 June, 1951, Judge Phillips overruled the defendants' demurrer and motion to dismiss, and allowed the plaintiff's motion for what is inexactly denominated an 'interim mandamus,' requiring the defendants to continue the plaintiff's school on the accredited list until the final determination of the cause.

Thus the instant appeal challenges the action of the court below in (1) overruling the demurrer to the complaint, (2) disallowing the defendants' motion to dismiss, and (3) allowing the plaintiff's motion for interim writ compelling the defendants to keep plaintiff's school on the accredited list pending trial of the cause on its merits.

1. The demurrer.--The function of a demurrer is to test the sufficiency of a pleading, admitting, for the purpose, the truth of the allegations of fact contained therein, 132 S.E. 800, with liberal interpretation in favor of the pleader. Jones v. Raney Chevrolet Co., 213 N.C. 775, 197 S.E. 757. Thus, the defendants by demurring to the sufficiency of the complaint to state a cause of action, admit as true every material fact properly alleged. Gaines v. Long Manufacturing Co., 234 N.C. 340, 67 S.E.2d 355; Hall v. Coble Dairies, 234 N.C. 206, 67 S.E.2d 63; Bryant v. Little River Ice Co., 233 N.C. 266, 63 S.E.2d 547. See also McLean v. Ramsey, 221 N.C. 37, 18 S.E.2d 705.

These in substance are the pertinent facts alleged in the complaint:

1. The plaintiff, non-profit corporation, has operated a hospital and training school for nurses in the Town of Hamlet since 1915. This school is the only training school for nurses between Charlotte and Lumberton, North Carolina, and between Raleigh, North Carolina, and Columbia, South Carolina. It serves the areas referred to for those desiring training in nursing. Its graduates are well-trained, well-qualified graduate nurses. They have maintained a creditable average in passing the State Board of Nurse Examiners.

2. In January, 1951, an inspector of the Joint Committee on Standardization inspected plaintiff's school and made certain criticisms and recommendations. The plaintiff has met these criticisms and recommendations, and the corrections suggested have been made.

3. On or about 1 June, 1951, plaintiff received notice from The North Carolina Board of Nurse Examiners and the Joint Committee on Standardization to show cause before these boards in Raleigh on 11 June, 1951, why the Hamlet Hospital School of Nursing should be listed on the accredited list of schools of professional nursing in North Carolina for the year ending 30 June, 1952. Attached to the notice was a memorandum advising the plaintiff that, because of certain deficiencies and criticisms listed, its 'school of nursing fails to meet the minimum requirements and standards prescribed by the Joint Committee on Standardization and approved by the North Carolina Board of Nurse Examiners, as set forth in the 'Regulations for Schools of Nursing in North Carolina 1948' as amended.' Attached to the complaint is a copy of this list of deficiencies and criticisms pointed out by the joint accrediting boards as constituting the particulars in which the plaintiff's school of nursing failed to qualify for accreditation. These deficiencies and criticisms may be summarized as follows:

(1). Records.--The Board's memorandum of deficiencies points to and quotes from its regulations requiring that 'a good system of record be * * *maintained,' --so as to furnish a continuous history of each student's education and practice, indicating 'the student's efficiency in work, attendance, and rating in her classes; lectures and demonstrations; the time she has spent in each department (day and night); absence from duty; sickness; and vacation.' Here, the memorandum charges violations in these particulars: (a) 'No record of required clinical instruction for students'; (b) senior students' final records showed substantially more class hours than shown in class roll book, thus reflecting violation of rule requiring accuracy of records; and (c) records 'showed that an entire new curriculum was not started for the pre-clinical class admitted September 20, 1950, but that they began anatomy and physiology classes with the June 20,...