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STATE EX REL. FILLINGER v. RHODES

No. 12-1055.

741 S.E.2d 118 (2013)

STATE of West Virginia ex rel. Jennifer A. FILLINGER, R.N., Petitioner v. Laura S. RHODES, Executive Director, The West Virginia Board of Examiners for Registered Professional Nurses, an Administrative Agency of the State of West Virginia, Respondent.

Supreme Court of Appeals of West Virginia.

Decided March 12, 2013.

Attorney(s) appearing for the Case

James D. McQueen, Jr., Esq. , Amanda J. Davis, Esq. , McQueen Davis, PLLC, Huntington, WV, for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Gregory G. Skinner, Esq. , Senior Assistant Attorney General, Charleston, WV, for Respondent.

KETCHUM, Justice:

This original proceeding in prohibition is before this Court upon the petition of Jennifer A. Fillinger, R.N., ("petitioner") asking this Court to direct the West Virginia Board of Examiners for Registered Professional Nurses ("Board") to dismiss, with prejudice, two complaints accusing her of misconduct. The Board initiated an administrative process upon the complaints which could result in the revocation or suspension of the petitioner's license...

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