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COLLEEN V. LEUKHARDT v. COMMONWEALTH PENNSYLVANIA (07/18/79)

decided: July 18, 1979.

COLLEEN V. LEUKHARDT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF NURSE EXAMINERS, BUREAU OF PROFESSIONAL & OCCUPATIONAL AFFAIRS, DEPARTMENT OF STATE, RESPONDENT



Appeal from the Order of the State Board of Nurse Examiners in case of In the Matter of the Suspension or Revocation of License No. RN199,497 to Practice as a Registered Nurse, issued August 15, 1974, to Colleen Veneri Leukhart, File No. 76-NU-1314.

COUNSEL

Steben H. Wyckoff, with him James E. Kennedy, and Weis & Weis, for appellant.

William Wheeler, with him Pamella J. Arnold, Assistant Attorney General, Charles L. Ford, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 44 Pa. Commw. Page 319]

Colleen V. Leukhardt, a registered nurse, has appealed from an order of the State Board of Nurse Examiners formally reprimanding her for violating Section 14(3) of The Professional Nursing Law, Act of May 22, 1951, P.L. 317, as amended, 63 P.S. § 224(3), and its Regulation 21.11 at 49 Pa. Code § 21.11. Section 14(3) of the Professional Nursing Law reads:

The Board may suspend or revoke any license in any case where the Board shall find that --

(3) The licensee has wilfully or repeatedly violated any of the provisions of this act or of the regulations of the Board.

That part of Regulation 21.11 which the Board appears to have concluded was violated is subsection (a)(4) which provides:

The registered nurse assesses human responses and plans, implements and evaluates nursing care for individuals and families for whom the nurse is responsible. In carrying out this responsibility, the nurse performs all of the following functions:

(4) Carries out nursing care actions which promote, maintain, and restore the well-being of individuals.

The Board, after a hearing, made the following findings of fact:

3. On July 10, 1976, the Respondent had in her care in the Intensive Care Unit of Western Pennsylvania Hospital, ...


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