We just got a case where a nurse (LVN) working in one of our state prisons drew her own blood and had it tested by the lab under an inmate's name.

The case was filed as Fraudulant Use or Possession of Identifying Information (inmate's name). The boss wants to file it as some kind of misdemeanor.

Any thoughts on a misdemeanor charge that would fit these facts?

39.02? Would that work? How much does a blood test cost?

Just curious if the intent was to help a specific inmate by substituting different blood.... or to "anonymously" test for the nurse's own medical problem?

I just assumed because they were charging her with using the prisoner's name that she was doing it to benefit herself. But you're right, it makes more sense to think she's doing this to protect her sweetheart.

I guess it would depend on what type of profiles she was testing for.

If it was for medical testing, I would think she would be doing it for her own benefit, which is depriving the inmate of the medical care to which he is constitutionally entitled. It is reprehensible, as the inmate could have a dread disease and could possibly die or be permanently injured by virtue of her selfish act.

She needs to lose her license permanently as a result of the plea or verdict. She is denying proper medical care to her patient, inmate or not. To me it becomes criminal as well as civil {possibly, if inmate sustained injury as a result of not actually being tested}, because the inmate is a captive audience and she is obligated to provide him that medical care mandated by law.

What about some sort of deprivation of civil rights case on the federal level?

If she was testing for drugs, then she was obviously doing her inmate sweetheart a favor. And still needs to lose her license.


� 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN
CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY. (a) An
official of a correctional facility, an employee of a correctional
facility, a person other than an employee who works for
compensation at a correctional facility, a volunteer at a
correctional facility, or a peace officer commits an offense if the
person intentionally:
(1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing
his conduct is unlawful;
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor.
(c) This section shall not preclude prosecution for any
other offense set out in this code.

There is also official oppression.

� 39.03. OFFICIAL OPPRESSION. (a) A public servant
acting under color of his office or employment commits an offense if
he:

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity,
knowing his conduct is unlawful;

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(d) An offense under this section is a Class A misdemeanor.

[This message was edited by Greg Gilleland on 11-15-07 at .]

Would his blood test have resulted in any criminal charges against him?

Hindering Apprehension/Prosecution

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Originally posted by ray thomas:
Would his blood test have resulted in any criminal charges against him?

Hindering Apprehension/Prosecution

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Agree, if they were drug testing, then what about tampering with evidence, a nice felony three, which is what she deserves.

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Originally posted by AlexLayman:
Just curious if the intent was to help a specific inmate by substituting different blood.... or to "anonymously" test for the nurse's own medical problem?

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Excellent issue spotting.

I want to second Greg's comments viz. the civil issue. Make sure that a complaint is filed with the Board of Nurse Examiners, and especially when a conviction is obtained that the Board is also advised. I believe in this case that the State, i.e. the DA, can be the complainant without necessity for an agrieved party as is commonly the case.

the nurse said in her confession that she drew her own blood to have it tested for some disorder. she did this because she did not want to wait for her own doctor to run the test.

it appears the inmate was kept in the dark about this and only his name was used.

i agree we need to bust her license but i am looking for a good misdemeanor charge...maybe criminal simulation?

Why misdemeanor, if you don't mind me asking?

When the elected and I talked about this case, he said he wanted to file a misdemeanor. So that's what I am looking to do.

I like that answer.

Why not "Theft by Deception" - i.e. the actor obtained the benefit of a laboratory result without paying for it, by deceptively utilizing the name of another, for whom no charges would accrue?

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Originally posted by JB:
I like that answer.

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You would.

If she has counsel and y'all have a deal reached that she'll plead to a misdemeanor, you could just do a 12.44(b) on the SJF offense that they sent you.