Independent Investigations

    The West Virginia Intermediate Court of Appeals, in a September 4, 2024 decision, considered an appeal by Mr. Bonsu (Appellant), whose license had been revoked by the West Virginia Board of Registered Nurses (Board) in July 2023. 

Appellant obtained his multi-state registered nursing license in February 2021 after coming to the United States from West Africa in 2004, completing his Associate Degree in Nursing at Palm Beach School of Nursing and passing the licensing examination.

The Board considered this matter after receiving notification from the FBI regarding an investigation of particular nursing programs, including the Palm Beach School. The notice included information that many students had purchased degrees from various programs and were still able to pass the licensing examination. Additionally, the notice cautioned the Board not to make assumptions about every graduate and encouraged them to conduct an independent investigation.

Based upon this information and an affidavit later submitted by the owner of the Palm Beach School of Nursing, the Appellant’s license was summarily suspended. The disciplinary hearing revealed that no independent investigation had been conducted. The Appellant testified and shared information about his educational background. He noted he had trained in Washington D.C. where he became a licensed practical nurse. Later, he entered a “bridging” program at the Siena College of Health in Florida. Siena College transferred him to the Palm Beach School of Nursing, where he completed the remainder of his courses online. The hearing examiner did not find the Appellant’s testimony as credible and recommended revoking the Appellant’s license, which the Board did.

This Court reviewed the evidence and record, noting that it was the Board that had the burden of proof in determining whether the evidence supported revocation. However, the “Board clearly erred in determining that Mr. Bonsu committed fraud in securing his license as it was unsupported by the evidence present in the record.” The determination by the Board that the license was obtained fraudulently was made entirely based on the affidavit of the owner of the Palm Beach School of Nursing, which only included the Appellant’s name, date of birth, social security number, and the FBI notice. In this regard, this Court reversed the Board’s determination that the Appellant committed fraud. However, based on the Appellant’s testimony and the evidence, it is apparent that the Appellant failed to obtain the required prerequisites to earn a valid degree from an accredited school. Thus, the Board’s determination that the Appellant was “unfit…by reason of negligence, habits, or other causes” (see West Virginia Code 30-7-11(a)(3)) and practiced without a license and provided false information on his application is appropriate. This Court affirmed the ultimate decision to revoke the license.

Affirmed in part; reversed in part.