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Change on Disqualifications Does Not Violate Ex Post Facto Clause

By Eric L. Lipman

In a very scholarly opinion issued today, a panel of the Minnesota Court of Appeals turned away the challenge of a local nurse who sought to overturn her disqualification from providing direct contact services to patients.

In 1992, Tonia Williams shot and killed a burglar who broke into her home in Philadelphia, Pennsylvania. Ms. Williams was charged with, and convicted of, involuntary manslaughter ? and served two-and-one-half years in prison. Following her release from prison, Ms. Williams moved to Minnesota, became a registered nurse, and was working for a time at Abbott Northwestern Hospital. It appears that Abbott Northwestern did not, at the time Williams was hired, or thereafter, complete a background study on her or know of her manslaughter conviction.

In 2005, the Minnesota Legislature amended this state's disqualification law so as to withdraw from the Commissioner of Health the discretion to permit persons who were earlier convicted of certain crimes ? including involuntary manslaughter ? from later ?holding a direct-contact position at a licensed facility.? After the effective date of this amendment, a permanently disqualifying crime operated as a complete and unwaivable bar to such persons later providing direct contact services at a licensed facility.

When, in 2006, Ms. Williams sought employment at another hospital, a background study was completed upon her. The study revealed the manslaughter conviction and resulted in her disqualification from providing direct contact services. Ms. Williams challenged the disqualification, arguing in part that the 2005 amendment amounted to an added punishment for involuntary manslaughter in violation of the Ex Post Facto clause.

Disagreeing, the appellate panel observed: ?It is not irrational for the legislature to have taken note of those elements and determined that all persons who have committed such an offense should be permanently disqualified from providing direct care to vulnerable patients in licensed facilities. The Supreme Court in [Smith v. Doe,] ruled that the legislature has the power to make reasonable categorical judgments without violating the prohibition against ex-post-facto laws.?

The panel?s complete analysis is accessible here.

Full post as published by Within the Scope on May 27, 2008 (boomark / email).