A licensed practical nurse in Kansas was employed in nursing in early 2004 and later allowed the license to lapse. In January 2006 the nurse was convicted in Johnson County District Court of a misdemeanor, obtaining a prescription-only drug by fraudulent means, and was ordered to probation that included a drug treatment program. Earlier renewal paperwork had also answered no to a question about prior misdemeanor convictions despite two earlier municipal convictions.
The board order does not describe how the drug conduct first came to light. After an investigation, the board's investigative committee found reasonable grounds to believe the Nurse Practice Act had been violated and referred the matter for proceedings. When the nurse applied in September 2007 to reinstate the lapsed license, the matter was resolved by consent rather than a contested hearing.
In the consent agreement the nurse acknowledged that the board was prepared to prove four counts: fraud or deceit in practicing nursing or procuring a license, inability to practice with skill and safety due to current abuse of drugs or alcohol, unprofessional conduct by diverting drugs, supplies or property of a patient or agency, and professional incompetency based on a pattern of behavior. The nurse waived the right to a hearing and judicial review.
The license was reinstated under a suspension that is stayed so long as the nurse complies with the agreement's conditions; if the nurse falls out of compliance the suspension takes effect until written verification of compliance is provided. The agreement is public, counts as discipline that must be disclosed on future renewal or reinstatement applications, and does not bar further action for other violations.