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STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF PROFESSIONAL LICENSING
BOARD OF NURSING
DISCIPLINARY SUBCOMMITTEE

In the Matter of

DAVE LALL, R.N. Complaint No. 47-16-140049
License No. 47-04-236738

ADMINISTRATIVE COMPLAINT

Attorney General Bill Schuette, through Assistant Attorney General Erika N.

Marzorati, on behalf of the Department of Licensing and Regulatory Affairs, Bureau

of Professional Licensing (Complainant), files this complaint against Dave Lall,

R.N. (Respondent), alleging upon information and belief as follows:

1. The Board of Nursing, an administrative agency established by the

Public Health Code, MCL 333.1101 et seq., is empowered to discipline licensees

under the Code through its Disciplinary Subcommittee.

2. On December 2, 2002, Respondent obtained a license to practice

nursing in Michigan pursuant to Article 15 of the Code. The license expired on

March 31, 2008, and was revoked by consent order on July 10, 2008.

3. Section 16201(5) of the Code provides that the expiration of a license

does not terminate the Board's authority to impose sanctions on the licensee.

4. Section 16221(a) of the Code authorizes the Disciplinary Subcommittee

to take disciplinary action against a licensee for a violation of a general duty,

consisting of negligence or failure to exercise due care, including negligent

delegation to or supervision of employees or other individuals, whether or not injury
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results, or any conduct, practice, or condition that impairs, or may impair, the

ability to safely and skillfully practice a health profession.

5. Section 16221(b)(i) of the Code authorizes the Disciplinary

Subcommittee to take disciplinary action against a licensee for incompetence, which

is defined in section 16106(1) as "a departure from, or failure to conform to, minimal

standards of acceptable and prevailing practice for a health profession, whether or

not actual injury to an individual occurs."

6. Section 16221(b)(vi) of the Code authorizes the Disciplinary

Subcommittee to take disciplinary action against a licensee who exhibits a lack of

good moral character. Section 16104(6) of the Code provides that "good moral

character" means "the propensity on the part of the person to serve the public in the

licensed area in a fair, honest, and open manner," as defined in subsection 1(1) of the

Occupational License for Former Offenders Act, MCL 338.41(1).

7. Section 16221(c)(iv) of the Code authorizes the Disciplinary

Subcommittee to take action against a licensee who obtains, possesses, or attempts to

obtain or possess a controlled substance as defined in section 7104 or a drug as defined

in section 7105 without lawful authority, or selling, prescribing, giving away, or

administering drugs for other than lawful diagnostic or therapeutic purposes.

8. Section 16221(e)(vi) of the Code authorizes the Disciphnary

Subcommittee to take disciplinary action against a licensee who engages in

unprofessional conduct with a patient while the licensee is acting within the health

profession for which he or she is hcensed, including conduct initiated by a patient or to

which the patient consents, that is sexual or may reasonably be interpreted as sexual.
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9. Section 16226 of the Code authorizes the Disciplinary Subcommittee to

impose sanctions against a person licensed by the Board if, after the opportunity for

a hearing, the Disciplinary Subcommittee determines that the licensee violated one

or more subdivisions of section 16221.

FACTUAL ALLEGATIONS

10. The following details Respondent's prior disciplinary history:

a. In January 2008, the Department filed an administrative
complaint against Respondent based on a felony conviction. In
July 2008, the Disciplinary Subcommittee issued a consent order
revoking Respondent's license for minimum of three years. The
consent order specifically prohibited its modification "for any
cause whatsoever, even if Respondent is successful in [his]
appeal," which was ongoing at the time; the conviction was
vacated in June 2014. Respondent petitioned for reinstatement
in June 2015, but withdrew his request for a hearing in the
matter. Respondent's license currently remains revoked.

11. Respondent worked as a registered nurse in the emergency room at

Lakeland Community Hospital in St. Joseph, Michigan, at all times relevant to

this complaint.

Controlled Substances

12. Diazepam (Valium) is a schedule 4 controlled substance with both

sedative and amnesic effects.

13. From January 2003 through July 2004, Respondent removed a total of

67.5 milligrams of diazepam that was neither documented as administered to

patients nor otherwise accounted for.
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Patient 1

14. On September 20, 2003, Patient 1 (numbers used to protect patient

confidentiality), a -year-old female, presented at the Lakeland Community

Hospital emergency room with a severe headache.

15. At Respondent's direction, the patient removed all clothing except her

underwear and socks and changed into a hospital gown.

16. An emergency room physician told the patient she would receive

medication to treat her headache.

17. Respondent started an IV for the patient, took a syringe from his

pocket, told the patient the syringe contained saline, and injected the substance into

the patient's IV port.

18. Almost immediately after Respondent administered the injection, the

patient began going in and out of consciousness.

19. At one point, the patient awoke with her gown untied, her right breast

exposed, and Respondent standing next to her bed. Respondent lifted the patient's

gown, stated he had to perform an abdominal examination, and held the patient's

gown and blanket up with one hand while touching both of her breasts with the

other hand. As he left the room. Respondent said the patient had "nice" breasts.

20. Respondent later woke the patient, told her she was discharged, helped

her put her pants on, said "nice thong," and asked if she shaved often.
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21. After Respondent left, the patient reported the incident to a female

nurse who entered the room and then to the head nurse.

22. The patient's brother picked her up at the hospital. The two dropped

off a prescription at a pharmacy and then went directly to the St. Joseph Police

Department, where the patient reported the incident to an officer.

Patient 2

23. On July 11, 2004, Patient 2, a -year-old female, presented at the

Lakeland Community Hospital emergency room with abdominal pain.

24. The patient put on a hospital gown and Respondent started an IV for

the patient.

25. Respondent took a syringe, which he told the patient contained saline

solution, and injected the contents into the patient's IV.

26. Almost immediately after Respondent administered the injection, the

patient lost consciousness.

27. The patient awoke with her gown open and her left breast exposed.

Respondent was standing next to the patient's bed talking about her "nice" breasts.

28. The patient fell asleep, then awoke again with Respondent's fingers

inside her vagina.

29. After Respondent left, the patient told another nurse, the supervising

nurse on duty, and a doctor that she wanted to go home because Respondent had

been "inappropriate" with her. She later reported the incident to police.
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Patient 3

30. On August 21, 2004, Patient 3, a -year-old female, was taken by

ambulance to the Lakeland Community Hospital emergency room after experiencing

dizziness and repeated vomiting at a county fair.

31. An emergency room physician informed the patient her potassium

level was low and ordered Phenergan (promethazine) to treat her nausea.

32. Respondent entered the room, told the patient he was going to

administer the Phenergan, and injected a substance into the patient's IV port using

a syringe.

33. Almost immediately after Respondent administered the injection, the

patient became drowsy and lost consciousness.

34. The patient briefly awoke several times before fully regaining

consciousness. During that time. Respondent put his tongue in the patient's mouth,

placed his penis against her lips, tried to remove her underwear, and placed his

hand inside her vagina.

35. Within several hours after leaving Lakeland Community Hospital, the

patient went to a different hospital and reported she had been sexually assaulted.

The patient's blood tested positive for diazepam (Valium) and a major metabolite of

diazepam, despite the fact she was not prescribed, did not have access to, and had

not recently taken the drug.
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COUNTI

36. Respondent's conduct as set forth above evidences negligence, in

violation of section 16221(a) of the Code.

COUNT II

37. Respondent's conduct as set forth above evidences that Respondent

failed to conform to minimal standards of acceptable and prevailing practice as a

nurse, in violation of section 16221(b)(i) of the Code.

COUNT III

38. Respondent's conduct as set forth above evidences a lack of good moral

character, in violation of section 16221(b)(vi) of the Code.

COUNT IV

39. Respondent's conduct as described above evidences obtaining,

possessing, or attempting to obtain or possess a controlled substance as defined in

section 7104 or a drug as defined in section 7105 without lawful authority, or selling,

prescribing, giving away, or administering drugs for other than lawful diagnostic or

therapeutic purposes, in violation of section 16221(c)(iv) of the Code.

COUNT V

40. Respondent's conduct, as set forth above, evidences that while acting as

a nurse, Respondent engaged in unprofessional conduct with a patient that is or may

reasonably be interpreted as sexual, in violation of section 16221(e)(vi) of the Code.
THEREFORE, Complainant requests that this complaint be served upon

Respondent and that Respondent be offered an opportunity to show compliance with

all lawful requirements for retention of the aforesaid license. If compliance is not

shown, Complainant further requests that formal proceedings be commenced

pursuant to the Public Health Code, rules promulgated thereunder, and the

Administrative Procedures Act of 1969, MCL 24.201 et seq.

RESPONDENT IS HEREBY NOTIFIED that, pursuant to section 16231(8) of

the Public Health Code, Respondent has 30 days from receipt of this complaint to

respond in writing to the allegations contained in it. The written response shall be

submitted to the Bureau of Professional Licensing, Department of Licensing and

Regulatory Affairs, P.O. Box 30670, Lansing, Michigan 48909, with a copy to the

undersigned assistant attorney general. Pursuant to section 16231(9), failure to

submit a written response within 30 days shall be treated as an admission of the

allegations contained herein and result in transmittal of the complaint directly to

the Board's Disciplinary Subcommittee for imposition of an appropriate sanction.

Respectfully Submitted,

BILL SCHUETTE
Attorney General

Erika N. Marzorati (P78100)
Assistant Attorney General
Licensing and Regulation Division
P.O. Box 30758
Lansing, Michigan 48909
Dated; January 5, 2017 (517) 373-1146

LF: 2016-0148364-A/Lall, Dave, R.N., 140049/Complaint-2017-01-05

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