Two nurses from Sunrise Children's Hospital under investigation for
the death of an infant have been reinstalled. The investigation took too
long, and the Nevada state Nursing Board was forced to reactivate their
licenses.
The executive director of the Nevada State Nursing Board, Debra Scott,
announced the reinstatement of registered nurses Jessica May Rice and
Sharon Ochoa-Reyes, saying that the board has no evidence that the two
had anything to do with the 14 incidents of disrupted or severed
catheters that killed one baby. "We still haven't got the documentation
we need to move forward in this case," Scott said, but the authorities
cannot foresee the end date of the investigation. Bill Cassell, a police
spokesman, noted, "It is very complicated and complex." However, he did
note that the reinstatement of the nurses "in no way impacts the police
investigation."
By state law, the Nursing Board summarily suspended the nurses for 45
days after law enforcement notified the Board that they were persons of
interest in an ongoing criminal investigation. According to Scott, the
nurses voluntarily inactivated their licenses for the duration of the
police investigation, but the investigation turned up no relevant
evidence within 45 days. Suspensions were handed down "in the interest
of public health, safety and/or welfare," according to Nursing Board
President Doreen Begley. However, after 45 days, the nurses had the
right to a hearing on the evidence.
Earlier this week, attorneys for Rice and Ochoa-Reyes asked the Nursing
Board to re-license the nurses. "We can't hold a hearing because we
don't have the documents we need," Scott said. "And we can't say no to
their desire to get their licenses back without violating their due
process rights. ... This investigation has gone on quite a while."
Scott refuses to make a judgment call on whether or not the nurses were
unfairly accused and the public would be at risk if the nurses resume
work because she does not have enough information. Nursing Board records
now list both nurses as having active licenses.
Sunrise spokeswoman, Ashlee Symour, however, said that both nurses are
still fired.
The nursing union that the two belong to, Service Employees
International Union Local 1107, is not sure what's next for Rice and
Ochoa-Reyes, but it will now "explore its options" in supporting the
nurses.
The case for which the nurses were terminated from Sunrise Children's
Hospital revolves around the death of 2 month old Miowne Obote last
July. The baby's catheter was severed in the neonatal intensive care
unit and the death was ruled a homicide in August by the Clark County
coroner. Another infant had to have emergency surgery in order to
survive a catheter disruption, but was saved and is now home. Another 12
infants suffered catheter disruptions, but hospital officials have
declined to say what harm, if any, was caused to these babies.
National safety officials have suggested that tubing misconnections
could have played a role in the catheter malfunctions. "You can't put
diesel fuel in your gas tank, but you can inadvertently mix medication
and nutrition for a baby through a tubing misconnection," Houston-based
safety expert Debora Simmons said. "The medical industry is probably the
only industry that designs things where anything can connect to
anything."
Still, nurses have been charged with felony neglect in tubing
misconnection cases before. In 2006, a Wisconsin nurse was charged with
felony neglect after mistakenly putting a spinal anesthetic in a vein.
The nurse entered a plea bargain, and pleaded no contest to
misdemeanors.