SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION

BEFORE THE SOUTH CAROLINA BOARD OF NURSING

IN THE MATTER OF:

HEIDI BISHOP DUMM, R.N.

License No.: RN.205620 (Active) CONSENT AGREEMENT

Case Na.: 2018-416 Respondent.

By agreement of the Board of Nursing (the Board) and the above-named Respondent, the following
disposition of this matter is entered pursuant to the provisions of S.C. Code Ann. §1-23-320(F)
(1976, as amended), in lieu of, inter alia, a hearing before a Board appointed hearing officer or
panel. Respondent, admits the allegations herein, agrees to the sanctions set forth, and agrees to
waive the authorization, filing, and service of a Formal Complaint and formal hearing procedures,
as set forth in the S.C. Nurse Practice Act (S.C. Code Ann. §40-33-10, et seq. (1976, as amended)).

FINDINGS OF FACT

The Board first licensed Respondent on June 10, 2009 to practice as a Registered Nurse and
was so licensed at all times relevant to the matters asserted. Subject matter and personal
jurisdiction are proper. Respondent has no known prior disciplinary history.

From on or about July 14,2018 to July 19, 2018, while employed at Lake City Community
Hospital in Lake City, South Carolina, Respondent diverted Hydromorphone (Dilaudid)
from her employer. Specifically, Respondent accessed the physician's computer and entered
false physician's orders for Dilaudid for several patients using a physician log on after the
physician walked away from the computer without properly logging off. Surveillance video
shows Respondent accessing a physician's computer on several occasions after the physician
left the room. Several physicians then submitted written statements and denied giving orders
for Dilaudid, On July 19,2018, Respondent was seen entering an order for Dilaudid under
the physician's name on his computer for a patient. Respondent then documented that she
had given the patient Dilaudid, but the patient stated she did not receive the medication.
Meanwhile, the camera in the medication room was reviewed and showed that Respondent
had taken possession of a vial of Dilaudid. In addition, the physician stated that he had not
ordered Dilaudid, nor had he given Respondent permission to order or to give the patient
Dilaudid. The medical records of another patient showed that there was unaccounted for
Dilaudid as Respondent signed out medication, but there was no order from the physician or
documentation in the electronic health record (EHR) regarding administration. Furthermore,
the Dilaudid Report showed a noticeable amount of Hydromorphone administered by
Respondent. Finally, surveillance video showed Respondent handing off an Ativan vial to
an off duty paramedic not authorized to work in the emergency department of the facility.
Respondent's employment was terminated on July 19, 2018.

Page I of 5
 On or about August 9, 2018, Respondent enrolled with the South Carolina Recovering
Professionals Program (RM. She was referred to Circle Park for an assessment and
evaluation, Respondent received a no diagnosis and was not recommended for monitoring.
Respondent was discharged from RPP for lack of services needed.

On or about August 22,2018, Respondent provided a written statement and met with the
investigator at the South Carolina Department of Labor, Licensing and Regulation, Office of
Investigations and Enforcement, (LLR/01E), as well as with an inspector at the South
Carolina Department of Health and Environmental Control (DHEC) Bureau of Drug Control.
Respondent acknowledged that she: a) used a physician's computer to enter orders under a
physician's name; b) made documentation mistakes; and c) handed off Ati van to an off duty
paramedic (her boyfriend). Afterward, the inspector at DHEC advised Respondent that due
to missing doses and fraudulently entering orders, the Respondent would be arrested.

On or about December 12, 2018, Respondent was arrested by the South Carolina Department
of Health and Environmental Control (DHEC) Bureau of Drug Control and charged with five
(5) counts of Drugs/Violation Drug Distribution Law, noncontrolled, imitation controlled
substance.

Respondent admits all facts stated herein as true and accurate and waives any further findings
of fact in this matter.

CONCLUSIONS OF LAW

Respondent admits that the conduct in this matter constitutes sufficient grounds for disciplinary or
corrective action and, that as a result of the admissions herein, Respondent has violated:

S.C. Code Ann. §40-33-110(A)(1) (1976, as amended) by violating a federal, state, or local
law involving alcohol or drugs or committing an act involving a crime of moral turpitude.
A conviction is not required to prove misconduct under this item. The board may receive
evidence to reach an independent conclusion as to the commission of the violation;
however, the determination may be used only in making the administrative decision
regarding the proposed discipline;

S.C. Code Ann. §40-33-110(A)(3) (1976, as amended) by willfully or repeatedly following

a course of conduct that, by reasonable professional or ethical standards, renders the
licensee incompetent to assume, perform, or be entrusted with the duties, responsibilities,
or trusts which normally devolve upon a licensed nurse;

S.C. Code Ann. §40-33-110(A)(9) (1976, as amended) by falsifying or altering, for the
purpose of reflecting incorrect or incomplete information, any organization's records,
including personnel records or patient records;

S.C. Code Ann. §40-33-110(A)(10) (1976, as amended) by misappropriating money,

property, or drugs from an employer or patient;

S.C. Code Ann. §40-33-110(A)(13) (1976, as amended) by obtaining, possessing,

Page 2 of 5
 administering, or furnishing prescription drugs to a person including, but not limited to,
one's self, except as directed by a person authorized by law to prescribe drugs;

S.C. Code Ann. §40-33-110(A)(18) (1976, as amended) by failing to make or keep

accurate, intelligible entries in records as required by law, policy, or standards for the
practice of nursing;

S.C. Code Ann. §40-33-110(A)(21) (1976, as amended) by practicing outside the scope of
the license by assuming duties and responsibilities without adequate education as
determined by the Board; and

S.C. Code Ann. §40-1-110(1)(f) (1976, as amended) by, in part, committing an

unprofessional act that is likely to harm the public, with "unprofessional conduct," in part
constituting acts or behaviors that fail to meet the minimally acceptable standard expected
of similarly situated professionals.

Respondent waives any further conclusions of law with respect to this matter.

THEREFORE, IT IS AGREED WITH RESPONDENT'S CONSENT THAT:

I. PUBLIC REPRIMAND: Respondent is hereby issued a Public Reprimand with the

following terms and conditions:

Civil Penalty: Respondent shall pay a Civil Penalty of $1,500.00 within one (1) year
from the date of the Board's action on this Agreement. The penalty shall not be
deemed paid until received by the Board via money order or cashier's check.

Board Approved Courses: Respondent must attend Board-Approved Courses in (I)

Legal Aspects, (2) Ethics, and (3) Documentation, and provide written documentation
to the Board, or its designee, within six (6) months from the date of the Board's action
on this Agreement. For Legal Aspects, the Board has approved the course
"Professional Accountability & Legal Liability for Nurses" offered through
www.leamingext.com. The Board has also approved courses offered through
www.leamingext.com for the remaining courses. The contact hours received for these
courses will not be computed in the calculation of total contact hours required for
licensure or renewal.

MANDATORY REPORTS TO BOARD: Respondent shall appear and report to the Board
at the Board's request.

DUTY TO REPORT CHANGES: Respondent shall promptly advise the Board in writing
of any changes in address, practice, hospital privileges, professional status, or compliance
with this Agreement. Correspondence, copies of reports, and notices shall be directed to:

Page 3 of 5
 S.C. Labor Licensing and Regulation
ATTN: Board of Nursing- Compliance
P.O. Box 12367
Columbia, SC 29211-2367

ADMINISTRATIVE SUSPENSION: It is understood and agreed that if Respondent fails

to meet the conditions agreed to in this Agreement, Respondent's license may be
immediately administratively suspended pending compliance. Non-compliance may result
in fiirther discipline. Any license law violations by Respondent constitute a failure to meet
the conditions of this Agreement.

COOPERATION WITH INVESTIGATION: It is further understood and agmed that

Respondent shall cooperate with the Board, its attorneys, investigators, and other
representatives in the investigation of Respondent's compliance with the provisions of this
Agreement. Respondent may be required to furnish the Board with additional information
as may be deemed necessary by the Board or its representatives. In addition to such
requests, the Board in its discretion may require Respondent to submit further
documentation regarding Respondent's practice, and it is Respondent's responsibility to
fully comply with all reasonable requests in a timely fashion.

SINGLE STATE ONLY PRACTICE: It is further understood and agreed that until
Respondent complies with the conditions of this Consent Agreement, in accordance with
the Nurse Licensure Compact, Respondent shall not practice nursing in any other party-
state without the prior written approval of this Board and satisfactory documentation of
prior written authorization from such other party-state.

FREEDOM OF INFORMATION ACT: It is further understood and agreed that, pursuant

to the South Carolina Freedom of Information Act, S.C. Code Ann. §§30-4-10 to -165
(1976, as amended), this Agreement is a public document.

FAILURE TO COMPLY: Respondent understands and agrees that failure to comply with
any of the requirements, terms, and limitations of this Agreement shall be considered a
violation.

WAIVER OF RIGHT TO HEARING: It is further understood and agreed that Respondent

has full knowledge that Respondent has the right to an evidentiary hearing and to be
represented by legal counsel in this matter. Respondent freely, knowingly, and voluntarily
waives such rights by entering into this Agreement.

RELINOUISHMENT OF RIGHT TO JUDICIAL REVIEW: Respondent understands and

agrees that by entering into this Agreement, Respondent voluntarily relinquishes any right
to judicial review of this or any other Board action(s) which may be taken concerning this
and any related matters.

FINAL SETTLEMENT: Respondent understands and agrees that this Agreement

represents a full and final settlement of the issues and violations outlined in this Agreement.

Page 4 of 5
 NON PREJUDICIAL: Respondent understands and agrees that if this Agreement is not
approved, it shall not constitute an admission against interest in this proceeding or
prejudice the right of the Board to adjudicate this matter.

BOARD APPROVAL: Respondent understands and agrees that this Agreement will not
become effective unless and until approved by the Board.

DISSEMINATION AS PUBLIC DOCUMENT: Respondent understands and agrees that

this Agreement, if approved, will be disseminated as a public action of the Board in the
manner provided by law.

NO PREJUDICE FOR NON-APPROVAL: Respondent understands and agrees that if this

Agreement is not approved, it shall not constitute an admission against interest in this
proceeding or prejudice the right of the Board to adjudicate this matter.

EFFECTIVE DATE: This Agreement shall take effect upon approval of the Board and the
service upon Respondent or Respondent's counsel.

AND IT IS SO ORDERED.
SOUTH CAROLINA BOARD OF NURSING

51
Board Approval Date
4-..4) 4 cad?!
SAMUEL H. MCNUTT, JR.,
A
A MHSA
President of the Board

I CONSENT:

14 . 23.19
Date

(7-07 9-/9
RINCESS F. H. HODGES Date
Assistant Disciplinary Counsel
South Carolina Department of
Labor, Licensing and Regulation

Page 5 of 5