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Winkler Nurses Testify Before Texas Senate [VIDEO]
We told you about the Texas state legislature considering legislation to protect nurses in the aftermath of the Winkler County Nurse saga. As Senate Bill 192 goes through committee, the nurses had their day.
Anne Mitchell and Vicki Gayle, the ‘Winkler County Nurses’, told their story to the Health and Human Services Committee (HHS) of reporting the physician at the Winkler County Hospital for unsafe care to the Board of Medicine. They testified for SB 192, the Patient Advocacy Bill, which enhances patient advocacy protections. It significantly increases financial penalties for retaliation (up to $25,000) and provides nurses with immunity from criminal prosecution. Their testimony reflects lessons learned from the case of the two Winkler County nurses who were terminated and criminally prosecuted for reporting a physician to the Medical Board for unsafe care. SB 192 was put forth as a direct response to what happened to these nurses and is designed to prevent this from happening to other nurses in the future.
Senate committee members are visibly appalled by the conduct of Winkler County officials after hearing the testimony. After hearing the conduct of local sheriff Robert Roberts one member asks “Is that sheriff still serving?” When told he is, he then asks “Has he been re-elected?” Other members can be heard gasping and making other sounds of disbelief.
View the testimony by clicking HERE. A small file will download and open in Real Player. Forward to 1 hr, 22 min, 40 sec mark to see their testimony.
Or go to http://www.senate.state.tx.us/avarchive/?yr=2011. Click on March 1 Senate Committee on Health and Human Services. Forward to 1 hr, 22 min, 40 sec mark to see their testimony.
Visit our Winkler County Page for the whole story. For a quick refresher on the Winkler County incident we turn to:
By Tony Inglis
The medical board first investigated Dr. Rolando G. Arafiles Jr. in 2007. It found that among other unprofessional and unethical offenses, he failed to keep adequate medical records in supervising a physician assistant who was prescribing nontherapeutic drugs at a weight loss clinic. His penalty was a $1,000 fine and a three-year stipulation on his license.
The doctor relocated, and in 2009, nurses Anne Mitchell and Vickilyn Galle of Winkler County reported the doctor to the board citing numerous cases of improper care, one of which was examining the genitalia of patients in the rural emergency room whose symptoms included stomach distress, headache and sinus pain, and blood pressure and jaw problems.
When the board notified Arafiles of the complaint, he enlisted his golfing buddy, the county sheriff, to find out who reported him. After identifying the nurses through spurious means, the hospital administrator immediately fired them, and the county and district attorneys charged the nurses with misuse of official information — a third-degree felony punishable by 10 years in prison and/or a $10,000 fine.
The medical board sent a letter to the prosecuting attorneys stating that it is improper to criminally prosecute people for raising complaints with the board — that the board depends on the eyes and ears of health care professionals to carry out its duty to protect the public from improper practitioners.
After the nurses’ report, the board investigated Arafiles and charged him with poor medical judgment, nontherapeutic prescribing, failure to maintain adequate records, overbilling, witness intimidation and other violations.
Mitchell and her family endured a torturous eight months waiting for the criminal trial to determine if she would go to prison or be fined an amount she could not pay. In 2010, Mitchell was acquitted in less than an hour, making national headlines and prompting a Texas attorney general investigation into the doctor and Winkler County officials.
The medical board subsequently issued a public reprimand of Arafiles, ordering physician monitoring of his practice and a $5,000 fine. He also was ordered to complete a rigorous course followed by assessments of his competence and medical jurisprudence.
Soon thereafter, the doctor, sheriff, county attorney and hospital administrator were indicted on charges of retaliation against the nurses. They await trial.
The Winkler County case demonstrates the crucial role of a board in protecting the public. The complexity of this case likely would not have been handled effectively by an umbrella agency. Functioning as a single agency would only dilute and weaken the power to protect the public’s safety.
Inglis is a neonatal intensive care nurse at the Seton Family of Hospitals and editor of ‘Seton Nursing News.’
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