Disciplinary proceedings against a nurse; MCL 333.16221; Probation & fines under MCL 333.16221(a) (negligence or failure to exercise due care) & (b)(i) (incompetence); Board of Nursing Disciplinary Subcommittee (the Subcommittee)

The court held that “a reasonable person could find that substantial evidence supported the Subcommittee’s conclusion that respondent[-nurse’s] conduct constituted a violation of MCL 333.16221(a) and (b)(i).” The Subcommittee placed respondent on probation for one to three years and fined her $500 under MCL 333.16221(a) and (b)(i). Her discipline arose out of two incidents in which she failed to change a patient’s dressings and then made late entries into the patients’ records indicating they had refused dressing changes. In a prior appeal, the court vacated the Subcommittee’s order and remanded for elaboration. On remand, the Subcommittee clarified its findings, again found her conduct violated MCL 333.16221(a) and (b)(i), and placed her on probation for a minimum of one year, not to exceed three years, and ordered her automatic discharge from probation after one year, upon her completion of the probationary terms set forth in the order. In the present appeal, the court found the “Subcommittee’s final order and conclusions of law on remand were supported by competent, material, and substantial evidence.” The Subcommittee’s “findings of fact and conclusions of law on remand clarified that [it] did consider the testimony and evidence favorable to respondent and that it found” her testimony to be credible. But it “decided that respondent’s admitted conduct constituted a violation of MCL 333.16221(a) and (b)(i) based upon the expert’s testimony at the administrative hearing.” Affirmed.