Colorado State Bd. of Nursing v. Bethesda Psychiatric Hosp., 89CA0966
| Citation | 809 P.2d 1051 |
| Decision Date | 11 October 1990 |
| Docket Number | No. 89CA0966,89CA0966 |
| Parties | COLORADO STATE BOARD OF NURSING, Petitioner-Appellant, v. BETHESDA PSYCHIATRIC HOSPITAL, Respondent-Appellee. . IV |
| Court | Colorado Court of Appeals |
Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Kathie A. Clinton and Linda L. Siderius, Asst. Attys. Gen., Denver, for petitioner-appellant.
Downey & Douglas, P.C., Robert C. Douglas, Jr., John R. Sleeman, Jr., Denver, for respondent-appellee.
Opinion by Judge TURSI.
The Colorado State Board of Nursing appeals the trial court's order quashing an administrative subpoena duces tecum issued to Bethesda Psychiatric Hospital (Bethesda) seeking to compel the production of psychiatric treatment records pertaining to a certain registered nurse under investigation by the board. We affirm.
The director of nursing at the nurse's ex-employer filed a written complaint with the board requesting an investigation of the nurse's competence and professionalism as a registered nurse. The complaint alleged that the nurse had failed consistently to perform certain duties during her shift, had failed adequately to supervise staff, had refused to meet with the head nurse, and had made inappropriate remarks about and to patients. Thereafter, an investigator for the board contacted the nurse.
The nurse responded to the complaint, expressing her disagreement with the allegations of the complaint. She also informed the board that she had received psychiatric treatment at Bethesda.
The board asked her permission to obtain the records of this treatment, but she refused. The board then issued an administrative subpoena duces tecum commanding Bethesda to produce its records of treatment provided to the nurse. Bethesda refused to comply with the subpoena, arguing in pleadings before the trial court that the board did not have authority under § 12-38-120(7), C.R.S. (1985 Repl.Vol. 5) to obtain the records of psychiatric treatment provided to the nurse.
The trial court agreed with Bethesda's argument and granted its motion to quash the board's subpoena. It ruled that the pertinent statutes, § 12-38-120(7), C.R.S. (1985 Repl.Vol. 5) and § 13-90-107(1)(d)(III)(C), C.R.S. (1987 Repl.Vol. 6A):
"apply to patient services provided by the nurse, not treatment to the nurse." (emphasis in original)
The board, contending that the trial court erred in so interpreting these statutes, maintains that § 12-38-120(7), properly construed, and § 13-90-107(d)(III)(C) empower it to subpoena the records of medical and psychiatric treatment rendered to any licensee if such records may be relevant to a board investigation or discipline of the licensee. We disagree.
In construing the meaning of § 12-38-120(7) our primary task is to ascertain and give effect to the intent of the General Assembly. In this endeavor, we look first to the language of the statute, giving effect to words and phrases in accordance with their plain and ordinary meaning. See People v. District Court, 713 P.2d 918 (Colo.1986). We presume that the General Assembly intended the entire statute to be effective, § 2-4-201(1)(b), C.R.S. (1980 Repl.Vol. 1B), and consider the statute as a whole so as to give a consistent, harmonious, and sensible effect to all of its parts.
Further, when faced with determining the meaning of a particular word or phrase, we consider the meaning of the entire statute or relevant portions thereof. Adams County School District No. 50 v. Dickey, 791 P.2d 688 (Colo.1990). If we determine that the legislative intent is clear from the plain language of the statute, then we apply the statute as written. See Danielson v. Castle Meadows, Inc., 791 P.2d 1106 (Colo.1990).
Section 12-38-120(7) provides:
(emphasis supplied)
This language is plain, unambiguous, and determinative of the General Assembly's intent. And, contrary to the board's assertion that the language is all encompassing in empowering the board with authority to compel production of records, a plain reading of the statutory language reveals that the board is empowered to subpoena only certain records.
The emphasized language above indicates that records subpoenaed must contain information relevant to the performance of nursing services, see § 12-38-103(9) and (10), C.R.S. (1985 Repl.Vol. 5), "rendered by" the nurse. The critical terms "rendered by" qualify "the practice of ... nursing." This plainly indicates that the General Assembly intended to authorize the subpoena of only those records which pertain to the investigation of nursing conduct engaged in by the nurse, not records containing information relating to services received by the nurse.
Private hospital and physician records of a licensee which may otherwise be relevant to the practice of nursing are, therefore, not subject to subpoena unless they are also shown to pertain to nursing services delivered by the licensee nurse. If, as here, the records sought pertain to past treatment provided to a licensee-nurse, the statute does not empower the board to compel their production.
Furthermore, § 12-38-120(7) refers to the "copies" of records which the board may subpoena. In each instance, the reference, taken in context, is made to copies of patient, but not licensee, records. The import of these sentences is to ensure not only the anonymity of the...
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