Whittington v. Office of Professional Regulation

Leslie Whittington (defendant) was a licensed nursing-home administrator who managed a skilled-nursing facility. The State of Vermont (plaintiff) filed a complaint with the Office of Professional Regulation (OPR), alleging that Whittington had acted unprofessionally. Specifically, the complaint alleged that Whittington had (1) acted erratically and created a hostile environment for the home’s staff and residents, (2) kept the home inadequately staffed and stocked with supplies, (3) failed to keep the home compliant with governmental regulations, (4) failed to fully respond to two of the state’s routine inspection surveys, (5) failed to keep the residents’ records in a proper manner, (6) interfered with a nurse’s medical care of a resident by directing the nurse to make a specific psychiatric diagnosis, (7) interfered with a doctor’s medical care of a resident by questioning the doctor’s treatment, and (8) physically removed an official state ombudsman who was trying to investigate a facility complaint about a soda machine. After hearing evidence, the OPR found that Whittington had engaged in unprofessional conduct, including interfering with residents’ medical care on the two identified occasions, physically removing the state ombudsman, and not responding adequately to the state’s inspection surveys. The OPR fined Whittington $5,000 and suspended her license for five years. The OPR also ordered close supervision of Whittington’s work for two years once Whittington was allowed to work again. Whittington appealed the order to the Vermont Supreme Court, arguing that the OPR’s findings were incorrect and its sanctions too harsh.