1. The Respondent was sent notice of the Charges against her to her last known address by certified mail and first class mail on March 8, 2004.

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1 3. VERMONT STATE BOARD OF NURSING INRE: Kimberly Ritter Case File No. NA License No DEFAULT ORDER Introduction The Board of Nursing held a default hearing in the above matter on August 9, 2004 at 81 River Street in Montpelier, Vermont. Board members Susan Farrell, Laurey Tyo, Sandra Norton, Ellen Leff, Donarae Metcalf, Pat Rock and ad hoc member Margaret Luce participated in the decision. State Edward Adrian appeared for the State. Kimberly Ritter ("the Respondent") did not attend. Findings of Fact 1. The Respondent was sent notice of the Charges against her to her last known address by certified mail and first class mail on March 8, The certified mailing receipt was not.returned to the Office, nor was the first class mailing. Notice of the default hearing was mailed to the same address by certified and regular mail on July 16, These mailings were sent to the same address as the Summary Suspension Order sent by the Board in August of2003. That mailing was returned marked' "unclaimed. " 5. After taking notice of its own file, the Board found the Respondent to be in default. The allegations contained in the State's Specification of Charges dated March 2, 2004 (copy attached) are therefore treated as the facts on which the Board's order is based. Conclusions of Law The Respondent has received adequate notice of the charges against her as indicated by the Board's file. Because the Respondent has failed to answer the charges against her, the State's factual allegations are treated as if proved. Accordingly, the Board finds, in the default hearing held pursuant to 3 V.S.A. 809(d), that the Respondent has engaged in the 1

2 unprofessional conduct alleged in the State's Specification of Charges. In accordance with the above findings of fact and conclusions of law, the license of the Respondent is hereby REVOKED. ~ AQQeal Rights This is a final administrative detennination by the Vermont State Board of Nursing. You may appeal by sending a notice of appeal in writing to the. Director of the within 30 days of the date of entry of this order. If you wish to request a stay of the Board's decision, please refer to the attached stay instructions. By: -=-~ --'~ f~.. :fl~ Susan Farrell, RN Chair DATE OF ENTRY:~3 /61-2

3 o. u.! SECRETARY OF STATE I BOARD OF NURSING IN RE: KIMBERLY RITTER, LNALicense ) No ) SPECIFICATIQN DOCKET No. NA OF CHARGES Board Authority The Vermont Board of Nursing (the "Board") has jurisdiction I to investigate and adjudicate allegations of unprofessional conduct committed by nursing assistants pursuant to 3 V.S.A. 129, 129a; 26 V.S.A. Chapter 28 and; the Rules of the Board and the Vermont. Statement of Facts Kimberly Ritter (the "Respondent") of Claremont, New Hampshire is a licensed nursing ~ssistant holdi~~ licen~e number , issued by th~ f tate ofv~rmont. This license was ongma1ly Issued on or about July 19, 2001 and IS set to expire on November 30, By way of infonnation, Respondent's nursing assistant license was summarily suspended pursuanto a Summary Suspension Order entered on August 12,2003. At all relevant times the Respondent was practicing as a nursing assistant and worked at the Cedar Hill Nursing Home (the"nursing Home") in Wind~or, Vermont. On April 26, 2003, the Respondent began her nonnal shift which lasted from 11 :00 p.m. to 7:00 a.m. During the shift nurse Dotty Frederick observed the Respondent at the medication cart with the narcotics draw open and her hands on the cover to the drawer. '" Respondent had no authority to be at the medication cart, nor Idid she have authority to be touching the narcotics drawer. When Respondent was confronted as to her purpose at the cart, she claimed that she was looking for a medical journal. The medical journal was not kept at the medication chart. Nurse Frederick discovered that two fentanyl patches were missing from the cart's narcotics drawer. These patches belonged to patient E.S. A subsequent count conducted at 7 :?O a.m. revealed t~at two IOmg vials?fmorppe sulphate were missing from the narcotics draw. These vials belonged to patient N. q. After b~ing enco~tere~ at the medication cart, Respondent l~ft the Nursing h~me for approximately tpirty minutes. Upon the return of the Respon~ent, Ms. Fredenck confronted her and explained that she would have to contact ~omeone concerning her

4 observations of the Respondent. Respondent stated that she might as well go home and left the scene. On March 12, 2003, the Respondent was indicted in the United States District Court for the District ofvemlont on four counts consisting of: 1) conspiring to distribute heroin; 2) possession of heroin with intent to distribute, within 1000 feet of a public school; and 3) two counts of distribution of heroin within 1000 feet of a public school. Conditions of pre-trial release were set for the Respondent on March 24,2003. On or about December.18,2003, the Respondent was convicted of conspiracy to possess and distribute heroin under 21 U.S.C. 841(b)(1)(C) and 846 and received a prison sentence for "time served" with an additional two years ofpr9bation. On infomlation and belief this is a felony conviction. I On infonnation and relief, Respondent has refused to be interviewed by the Investigator from the. Charges The acts, omissions and/or circumstances described above, constitute grounds for discipline because Respondent violated: i. 3 V.S.A. 129a(a) (3) (failing to comply with provisions of federal or state statutes or rules governing the practice of the profession); ii. 3 V.S.A. 129a(b)(1)(failure to practice competently by any reason of any cause on a single occasion...performance of unsafe or unacceptable patient care); iii. 3 V.S.A. 1595(1 ) (has been convicted of a crime that evinces an unfitness to act as a nursing assistant); iii. 26 V.S.A. 1595(4) (has abused or neglected a patiebt patient property); I or. misappropriated iv. 26 V.S.A. 1595(5)(is unfit or incompetent to function as a nursing assistant by reason of any cause); v. 26 V.S.A. 1595(6) (has diverted or attempted to divert drugs for unauthorized use); vii. Vermont Board E "Rules") ing substances); Chapter of Nursing Administrative Rule (the 5, Rule IV, II, A, 3. (engaging in conduct of a character likely to eceive, defraud, or harm the public); and viii. Rule Chapter 5, Rule IV, II, A, (leaving a nursing assignment without properly advising appropriate personnel). 2

5 Relief Requested WHEREFORE, the license of Kimberly Ritter should be revoked, suspended, reprimanded, conditioned or otherwise disciplined. Dated at Montpelier, Vennont this ~ day Of-t11i! hoo4. na.ritter.soc. wpd 3