Today, I re-read the Emergency Order for KK after learning about a convicted felon-- who happened to be the ex-husband of a personal friend, and where
two years after completing probation, had his RN license reinstated, after '
proving able' for reinstatement by a *
preponderance of the evidence (i.e., showed they completed any probation, counseling, or other requirements mandated as a result of the felony, and/or offer character witnesses).
Per my records, KK entered DOC on January 28, 2020.
After the re-sentencing hearing for KK in
March 2021, a judge gave her 'to 18 months' in prison, and 1 year of parole. The morning following the hearing, KK was out on parole for that one year of supervised release.
Krystal Kenney released.
Accordingly, KKs parole should have ended in
March 2022.
On
July 2, 2020, the Executive Director of the Idaho Board of Nursing entered an Emergency Order, immediately suspending KK's nursing license. Under procedural rights, KK had until
July 22, 2020, (20 days), to request a hearing on the emergency suspension and corresponding Emergency Order, but she did not respond. [On this date, KK was already in the 7th month of her prison sentence so it follows that she did not respond].
At the July 30, 2022, Board of Nursing meeting, the Board's Prosecutor (Deputy Attorney General Berry), explained the underlying grounds for the emergency suspension and corresponding Emergency Order, and the Board voted to uphold the suspension of the Respondent's license.
More important here, under the Findings of Fact (memorialized the Board's Decision), Deputy Attorney General Berry offered KK a voluntary surrender and stipulation. She did not respond.
I dunno -- I think I would feel better if the Idaho Board of Nursing didn't wait until the month of KKs actual expiration date (July 30, 2022), which corresponds with the license issue date of July 30, 2008, to take disciplinary action and formally suspend her license.
It also doesn't boost my confidence that the online Verification License site, simply cites her license status as 'inactive' and 'expired,' and no clear designation showing the license is
permanently restricted.
March 2025 will mark 3 years since KK's probation ended so this post will serve as a reminder to confirm KK not receiving consideration for license reinstatement!
What I recall about Idaho is the State Code that authorized forming a Nursing Board, and empowered the board to govern the education, qualifications, applications, licensing, discipline, etc., of its Nurses, also relies heavily on discretionary language such as what the Board
may do and not what the Board
must do, when making disciplinary & licensing decisions, on a case by case basis.
Blame it on the perennial shortage of nurses but generally speaking, overall, it appears to me State Boards of Nursing tend to lean toward the side of promoting voluntary disciplinary alternative programs, early intervention, treatment, rehabilitation, and sympathetic, 2nd chances-- which is where I think the Idaho Attorney General's offer of "voluntary surrender and stipulation" offered to KK comes in.
In the case of my friend's former spouse, the Nursing Board Members are appointed by the Governor and serve, I forget, 4 or 6-year terms. IMO, Board appointments by the Governor, start out as
political bodies at formation, then add discretionary language for licensing and disciplinary decisions, and IMO, it's as good as allowing a convicted felon to buy a reinstated license (i.e., ex-husband's family big $$$ campaign donors, and he voluntarily suspended his license when he went to rehab before the trial)!
Also, the address the Idaho Board of Nursing used to notify KK of the Emergency Order was the Telluride County Detention Facility, Division, CO -- which appears to be the County Jail and not the Women's Prison. The inmates at TCDF are all awaiting sentencing, trial, or transfer-- there are no long-term inmates.
*Researching Nursing forums, it appears that States with the flexibility to reinstate licenses of convicted felons average 3 years post-completing probation before allowing a petition for reinstatement. The burden of proof standard is by a
preponderance of the evidence, and not the
beyond a reasonable doubt standard, generally considered harder to prove. It further seems an Attorney/Nurse is the only way to go for representation. MOO
QuickConfirm License Verification Search Results
Why is a license missing from the search results?
Showing
1 individuals
KRYSTAL JEAN LEE [NCSBN ID: 21215721]
LAST NAME | FIRST NAME | LICENSE TYPE | STATE | LICENSE NUMBER | |
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LEE | KRYSTAL JEAN | RN | IDAHO | 38357 | |
NAME ON LICENSE | TYPE | LICENSE STATE | LICENSE | ACTIVE | LICENSE STATUS | LICENSE ORIGINAL ISSUE DATE | LICENSE EXPIRATION DATE | COMPACT STATUS |
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LEE, KRYSTAL JEAN | RN | IDAHO | 38357 | NO | EXPIRED (see history) | 07/30/2008 | 07/30/2020 | NONE |
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