Ross v. Indiana State Bd. of Nursing
| Decision Date | 13 June 2003 |
| Docket Number | No. 49A05-0206-CV-293.,49A05-0206-CV-293. |
| Citation | 790 N.E.2d 110 |
| Parties | Randy J. ROSS, R.N., Appellant-Plaintiff, v. INDIANA STATE BOARD OF NURSING, Kay Engelbrecht, R.N., in her individual capacity, Hilda Glass, L.P.N., in her individual capacity, Kay Leach, R.N., in her individual capacity, Juanita Richards, L.P.N., in her individual capacity, Marya Rose, in her individual capacity, Marsha King, R.N., in her individual capacity, and the Health Professions Bureau, Appellees-Defendants. |
| Court | Indiana Appellate Court |
Kevin W. Betz, Mark J. Pizur, Betz & Associates, Indianapolis, IN, Attorneys for Appellant.
Steve Carter, Attorney General of Indiana, Frances Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
The State of Indiana filed a complaint before the Indiana State Board of Nursing alleging that Randy Ross, R.N. was unfit to practice due to a mental disability and seeking disciplinary sanctions against him. In connection with the Board's investigation of the State's complaint, the Board ordered Ross to submit to and pay for a psychiatric evaluation. Ross filed a motion to reconsider the order imposing the costs of the examination on him, which the Board denied. Ross then instituted an action in Marion County Court seeking review of the Board's decision. On summary judgment, the trial court found for Ross, but denied his request for attorney's fees. Ross appeals the denial of his attorney's fees request; the Board cross-appeals the merits of the trial court's decision. We affirm in part and reverse and remand in part.
Ross raises one issue for our review, which we restate as whether the trial court properly determined that immunity precludes the assessment of attorney's fees against the Board.
In addition, the Board raises one issue on cross-appeal, which we restate as whether the trial court properly granted summary judgment to Ross on finding that the Board's imposition of costs against Ross prior to a determination of professional misconduct was a violation of Ross' constitutional rights.
Ross gained his nursing license in June of 1996. He worked as a nurse on probationary status at St. Vincent Hospital from September 1996 through February 1997, after which time the Hospital declined to extend his employment.
In February 1998, the State filed a complaint before the Board alleging that Ross was unfit to practice due to a mental disability. Among the allegations were that while employed at St. Vincent, he had mislabeled laboratory specimens as belonging to the wrong patients; failed to administer medications on a timely basis and falsified reports thereafter; and removed a chest tube from a patient despite not being qualified or authorized to do so. Ross allegedly told his supervisors that he might not have made the errors had he not unilaterally decided to reduce or discontinue use of prescribed medications. The State sought imposition of disciplinary sanctions and payment of all costs.
In connection with its complaint, the State filed a motion seeking an order compelling Ross to submit to a psychiatric examination at his own expense. The Board granted the motion. Ross filed a motion to reconsider the order, contending that there was no statutory authority for the assessment of costs against him and to do so was a violation of due process.1 Following a hearing, the Board denied Ross' motion to reconsider, and subsequently issued a written order which states, in pertinent part, as follows:
Appellant's Appendix at tab 9, page 2.2
Ross subsequently filed a "Petition for Review of Administrative Ruling and Complaint for Injunctive Relief pursuant to § 1983" in Marion Superior Court, alleging that the Board's policy of imposing costs of a State-requested and Board-ordered psychiatric examination prior to a final determination is a denial of due process.3 Ross filed a motion for summary judgment, which, according to the trial court's order, concerned:
whether the Board violated [Ross'] rights, liberties and immunities secured and guaranteed him under the due process clause of the Fourteenth Amendment to the Constitution of the United States of America and the laws of the State of Indiana when it imposed the costs of a State-requested medical examination pursuant to the State's investigation of [Ross] prior to the Board's determination of professional misconduct.
Appellant's Appendix at tab 11, page 2.4 Following a hearing, the trial court issued an order granting Ross' motion for summary judgment. The order reads, in pertinent part, as follows:
(1) Mr. Ross has a recognized property interest in his duly issued nursing license and may only be deprived of that license through due process of law;
(2) The Board's imposition of the costs of the State's investigation prior to any determination of professional misconduct were a violation of Mr. Ross's federal constitutional due process rights and the laws of the State of Indiana;
(3) Pursuant to federal due process protections constitutionally guaranteed Mr. Ross and the Indiana Rules of Trial Procedure, the State must bear the costs associated with its investigation of Mr. Ross' psychiatric status prior to a determination of professional misconduct by the Board;
(4) The Indiana General Assembly did not vest the Board with the authority to impose costs of the State's investigation of Mr. Ross prior to any determination of professional misconduct. The Health Professions Standards of Practice Act, Ind.Code § 25-1-9-1 et seq., does not vest the Board with the authority to impose the costs of a State-requested medical examination upon a licensed practitioner prior to any determination of professional misconduct. Ind.Code §§ 25-1-9-7 and 25-1-9-15, which were cited by the Board in support of its premature imposition of the costs associated with the State-requested medical examination upon Mr. Ross, are completely devoid and silent as to any language that vests the Board with the authority to impose costs on Mr. Ross for such a psychiatric examination prior to any determination of professional misconduct. This cost must at least preliminarily be borne by the Board, and may be imposed upon Mr. Ross only after sanctions, if any are imposed upon Mr. Ross for professional misconduct. Once a determination of professional misconduct is made, if it is made, then the Board may impose such costs on Mr. Ross; and
(5) As to attorney fees, this Court concluded that no attorney fees may be awarded to Mr. Ross because the Board acted in a quasi-judicial capacity and is therefore immune.
Appellant's Appendix at tab 11, pages 2-3. Ross has appealed the trial court's order regarding attorney's fees and the Board has cross-appealed regarding the merits of the trial court's decision that it cannot assess costs against the practitioner prior to a final determination.
Our standard of review of a summary judgment order is well-settled: summary judgment is appropriate if the "designated evidentiary matter shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Ind. Trial Rule 56(C). Relying on specifically designated evidence, the moving party bears the burden of making a prima facie showing that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. I/N Tek v. Hitachi Ltd., 734 N.E.2d 584, 586 (Ind. Ct.App.2000), trans. denied. If the moving party meets these two requirements, the burden shifts to the nonmovant to set forth specifically designated facts showing that there is a genuine issue for trial. Id. A genuine issue of material fact exists where facts concerning an issue which would dispose of the litigation are in dispute or where the undisputed material facts are capable of supporting conflicting inferences on such an issue. Gilman v. Hohman, 725 N.E.2d 425, 428 (Ind.Ct.App. 2000), trans. denied. Even if the facts are undisputed, summary judgment is inappropriate where the record reveals an incorrect application of the law to the facts. Id.
On appeal, we are bound by the same standard as the trial court, and ...
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