IN THE MATTER OF BEFORE THE MARYLAND *
ERIC AKYAEMPONG
*
BOARD OF NURSING(a/kJa Eric Acheampong)
*
Rl18257/LP277631RN Applicant*
*******************************~******************************************* FINAL DECISION AND ORDER OF REVOCATION
AND DENIAL OF APPLICATION FOR EXAM OF RN LICENSE
I.
PROCEDURAL BACKGROUND
On or about February 9, 2009, the Maryland Board of Nursing (the "Board") received a complaint regarding Eric Cobbina Akyeampong, also known as Eric Acheampong, (the
"Respondent"). Based on the allegations set forth within the complaint, the Board initiated an
investigation. As a result of that investigation, on March 23, 2010, the Board sent the Respondent three separate letters, each alleging violations of the Nurse Practice Act (collectively referred to as the "Charges"):
1. The Board sent the Respondent a "Notice of Intent to Revoke" his license to practice as a registered nurse ("RN"), license number R118257. The Board alleged that the Respondent, specific to his RN license, violated the Maryland Nurse Practice Act, Md. Health Occ. Code Ann. §§ 8-101 et seq., specifically § 8 316(a)(1) ("Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or for another");
2. By separate letter dated March 23, 2010, the Board also charged the Respondent's license to practice as a licensed practical nurse ("LPN") in the State of Maryland, license number LP27763. In that letter, the Board alleged that the Respondent, specific to his LPN license, violated the Maryland Nurse Practice Act, Md. Health Occ. Code Ann. §§ 8-101 et seq., specifically § 8-316(a)(1) ("Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or for another") and § 8-316(8) ("Does an act that is inconsistent with generally accepted professional standards in the practice of. .. licensed practical nursing"); and
3. By separate letter dated March 23, 2010, the Board sent to the Respondent
a "Notification of Initial Denial of Maryland Application for Exam of Registered
Nursing License", which denied the Respondent's application for RN licensure dated February 18, 2009. In that letter, the Board alleged that the Respondent violated the Maryland Nurse Practice Act, Md. Health Occ. Code Ann. §§ 8-101
et seq., specifically
§
8-316(a)(1) ("Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or for another"), § 8-316(5)(ii) ("Willfully and knowingly ... gives any false or misleading information about a material matter in an employment application ... "), and§
8-316(a)(28) ("After failing to renew a license or after a temporary license has lapsed, commits any act that would be grounds for disciplinary action under this section"). Specifically, according to the Board, the Respondent, after failing to renew his RN license, violated§
8-316(a)(2) ("Fraudulently or deceptively uses a license") of the Nurse Practice Act.The Charges also notified the Respondent of his opportunity for an evidentiary hearing before the Board regarding the Board's Charges. By letter dated April 21, 2010, the Respondent, through his attorney Michael W. Lin', Esq., requested a hearing. By letter dated September 15, 2010, the Board notified the Respondent that a hearing before the Board had been scheduled for November 16,2010 at 1 :00 p.m.
On November 16, 2010, a quorum of the Board was present for the hearing. Tracy Bull, Administrative Prosecutor, presented the case for the State. Both the Respondent and his attorney failed to appear.
Evidentiary Exhibits and Witnesses State's Exhibits:
1. Maryland Board of Nursing Complaint Form (with attachments), dated February 9,2009 (11 pages).
2. Letter from the Board to the Respondent, dated March 27, 2009 (1 page).
3. Maryland Board of Nursing Report ofInvestigation, dated July 9,2009 (8 pages).
4. a. Maryland State Board of Examiners of Nurses: Foreign Educated Nurse Application for Registered Nursing Licensure with Examination, dated December 3, 1987 (2 pages). b. Certification of Course Leading to Eligibility for Registered Nursing License, dated December 1987 (1 page).
c. Verification of English Language Competency, dated December 22, 1987 (1 page). d. National Council Licensure Examination for Registered Nurses, dated March 19, 1989 (1
page).
e. National Council Licensure Examination for Registered Nurses, dated September 9, 1993
5. Maryland Board of Nursing Application for LlClenS(;d Practical Nurse, March 3, 1
(6
6. Maryland of Nursing for Renewal of License, dated 20,2001 (4
7. ofRN
8. from Montgomery Village: dated 1 1 ( 4 pages). pages).
9. a. RN/LPN '--",-'vu.,'" dated February 18, 2009 (2 pages). b. dated April (1 page).
10. L.icense 2000 LP27763
11. -'-",-'vU.)'"' 2000 Records for Acheampong, Rl1
12. a. NURSYS Records NURSYS
13. District of Colurnbia Health Licensing Administration Website dated March 2009 (2 pages).
b. Driver (1 page). c. Information for Eric (4 d. Search: Eric (1 page). e. Information Acheampong (1
f. Vehicle (1 page).
g. MVA dated April 2009 (3 pages).
h. MYA Picture of Eric Akyeampong (1 page).
i. Application for Maryland Driver's License, Re: Eric Akyeampong, dated August 24, 1988 (1 page).
j. Maryland Report of Road Test, dated August 24, 1988 (1 page).
15. Maryland Department of Assessments and Taxation Real Property Data Search for 18018 Rockingham Place, Germantown, Maryland, dated July 7, 2009 (1 page).
16. Copies of Documents given to the Board from the Respondent: a. Maryland Driver's License (1 page).
b. U.S. Passport (1 page).
c. Certificate of Naturalization (1 page).
d. U.S. Department of Justice Notice of Naturalization Oath Ceremony (1 page).
17. Letter from the Board to the Respondent, Re: Notice ofIntent to Revoke License Number: RII8257, dated March 23,2010 (11 pages).
18. Letter from the Board to the Respondent, Re: Notice ofIntent to Revoke License Number LP27763, dated March 23,2010 (9 pages).
19. Letter from the Board to the Respondent, Re: Notification of Initial Denial of Maryland Application for Exam of Registered Nursing License, dated March 23, 2010 (7 pages). 20. Letter from the Respondent's Attonrey to the' Board, dated April 21, 2010 (8 pages). 21. Letter from the Board to the Respondent, dated September 15,2010 (2 pages). State's Witnesses:
1. Robert Hauf, Senior Investigator, Maryland Board of Nursing Applicant's Exhibits:
None Supplied.
Applicant's Witnesses: None.
11. FINDINGS OF FACT
The Board makes the following findings of fact based upon the record:
l. By application signed on or about December 1, 1987, the Respondent, using the name "Eric Otupiri Acheampong," submitted to the Board (then called the Maryland State Board
of Examiners of Nurses) a "Foreign Educated Nurse Application for Registered Nurse Licensure with Application." (State's Exhibit 4). The Respondent indicated on this application that his date of birth was "03/17/59" and that his Social Security number was XXX-XX-"2693". (Jd. at p. 0000021).
2. The Respondent took the National Council Licensure Examination for Registered Nurses ("NCLEX-RN") on four occasions in July 1988, February 1989, February 1992, but failed each time. (State's Exhibit 4, pp. 0000025-0000026).
3. By application signed March 3, 1993, the Respondent submitted to the Board an "Endorsement Application - Licensed Practical Nurse" seeking licensure as a licensed practical nurse ("LPN") by endorsement. (State's Exhibit 5). On this application, the Respondent identified himself as "Eric Akyeampong" and indicated that his date of birth was "03/20/57" and his social security number was XXX-XX-"4422". (Jd. at p. 0000028). On August 2, 1995, the Respondent was issued a license to practice as an LPN in Maryland, license number LP27753. (State's Exhibit 10, p. 0000098). According to the Board's records associated with the Respondent's LPN license, the Respondent's Social Security number was XXX-XX-"4422" and his date of birth was "03/20/1957". (ld.) . The Respondent never renewed his LPN license and allowed it to expire on March 28, 1996. (Jd.).
4. In July 1993, the Respondent once agam took the NCLEX-RN and passed. (State's Exhibit 4, p. 0000026). On September 21,1993, the Board issued the Respondent a license to practice as a registered nurse ("RN") in Maryland, license number R118257. (ld. at p. 0000021). The RN license was issued under the name "Eric Acheampong". (State's Exhibit 11, p.0000l03). According to the Board's records associated with the Respondent's RN license, the Respondent's Social Security number was XXX-XX-"2693" and his date of birth was
"0311711959". (fd.).
5. On or about March 15, 1995, the Respondent submitted. an "Application for Employment" to Mediplex of Montgomery Village ("Montgomery Village"). (State's Exhibit 8, pp. 0000085-0000088). On the application, the Respondent identified himself as "Eric Akyeampong" and that he was applying for a "Nursing (R.N.)" position. (fd. at p. 0000085).
Additionally, on the application, the Respondent provided a Social Security number, XXX-XX "4422", that did not con-espond with the Social Security number that the Board had in its records for the Respondent's RN license. (State's Exhibit 8, p. 0000085; State's Exhibit 11, p. 0000103). The Board also notes that in response to the application's query, "For reference purposes, have you ever worked under another name?", the Respondent answered "Eric Acheampong." (State's Exhibit 8, p. 0000086).
6. The Respondent signed and submitted RN Renewal Applications, dated March 3, 1998, February 6, 1999, February 14,2000, March 6, 2001, February 7, 2002, January 14,2003, February 27, 2004, February 17, 2005, February 15, 2006, February 20, 2007, February 14, 2008, and January 22, 2009, to renew his license to practice as an RN in Maryland. (State's Exhibit 7). On each application, the Respondent identified his surname as "Acheampong", his Social Security number as XXX-XX-"2693 ", and his date of birth as "03/17/1959". (fd.).
Additionally, on each application, the Respondent signed an affirmation as to the veracity of the information provided. (fd.).
7. On or about February 9, 2009, the Director of Nursing of Montgomery Village submitted a complaint to the Board regarding the Respondent. (State's Exhibit 1). The complaint stated that the Respondent had been employed by Montgomery Village from April 10, 1995 until his termination on February 9, 2009. (fd. at p. 0000002). The Director of Nursing explained:
I was notified by the HR Director of a discrepancy with the license verification for Eric Akyeampong, RN. During the online verification check, it was noticed that the spelling and SSN (XXX-XX-4422) would only retrieve an expired LPN license (LP27763) from the website and entering the RN license
#
Rll18257 retrieved a RN license with a very similar but different spelling. The name Eric Acheampong, RN was entered with the same SSN without any results.(Jd. at p. 0000004).
8. Although the Respondent had been licensed by the Board as an RN since September 21 , 1993, by application dated February 18, 2009, the Respondent submitted a
"Maryland Application for Exam of
RN/LPN
License" seeking licensure as an RN. (State'sExhibit 9). On this application, the Respondent indicated that his surname was "Akyeampong",
his Social Security number was XXX-XX-"4422", and his date of birth was "03/20/1957". (Jd. at p. 0000093). The Board notes that this information is different than the infOlmation which the Respondent had provided to the Board in his previous RN renewal applications. Additionally, on this application, the Respondent identified his address as "18018 Rockingham Place, Germantown, MD 20874", which, the Board notes, was the same address that the Respondent had used on his RN renewal applications from 2002 through 2009. (State's Exhibit 9, p. 0000093; State's Exhibit 7, pp. 0000054 - 0000084).
9. On May 6, 2009, the Respondent met with a Board investigator for an investigative interview regarding the various discrepancies on the Respondent's applications. (State's Exhibit 3, p. 0000015). According to the testimony of the Board investigator at the hearing before the Board, the Respondent told him that in 1987
[h]e said that he was indigent and living on the streets, and he was having a hard time getting work, and what have you, and that he had been befriended by someone from the Ivory Coast of his native country, and'that he had to get some work permit. And based on that conversation and contact with that individual, they went to New York and spent $1500 to get a new identity. He changed his middle name, changed the spelling of his last name, had a new date of birth being three days and two years apart, and with that information, he was able to get other
goverrunent documents based on that false documentation.
(Transcript, p. 43). Regarding the Respondent's date of birth, the Board investigator testified that the Respondent had told him that his "real true date of birth[] was March 17, 1959." (Jd. at p. 44). Regarding the mUltiple Social Security numbers utilized by the Respondent, the Board investigator testified that the Respondent acknowledged during the interview
That he created a new [identity] using a different Social Security number. Based on the false documents, he was able to get a Social Security card, driver's license, and other documents, based on that false data. The two Social Security numbers he, kind of, when I was presenting him with all of these contradictions that I would find as for as the discrepancies and what have you, he admitted that he had used false documents.
(Transcript, pp. 44 - 45).
10. The Board finds that, based upon the evidence and testimony presented at the hearing, the Respondent provided false and misleading information on his December 1, 1987 "Foreign Educated Nurse Application for Registered Nurse Licensure with Examination." Specifically, the Board finds that the Respondent utilized a false Social Security number in order to fraudulently and deceptively obtain a license to practice as a registered nurse in the State of Maryland within the meaning of § 8-316(a)(l) of the Nurse Practice Act.
11. The Board also finds that, based upon the evidence and testimony presented at the
hearing, the Respondent provided fal?e and misleading information on his March 3, 1993 "Endorsement Application - Licensed Practical Nurse." Specifically, the Board finds that the Respondent utilized a false Social Security number and a false date of birth in order to fraudulently and deceptively obtain a license to practice licensed practical nursing in the State of Maryland within the meaning of § 8-316(a)(l) of the Nurse Practice Act. The Board further finds the act of providing false and misleading information on an application for licensure is inconsistent with generally accepted professional standards in the practice of registered nursing
or licensed practical nursing as provided in
§
8-316(a)(8) of the Nurse Practice Act.12. The Board finds that the Respondent, by knowingly providing Montgomery
Village with false and inaccurate information on his March 13, 1995 application for employment as a registered nurse, violated
§
8-316(a)(5)(ii) of the Nurse Practice Act. The Board also finds that, after failing to renew his LPN license prior to its expiration on March 28, 1996, the Respondent continued to fraudulently and deceptively use his RN license by supplying false and misleading information to the Board in his subsequent RN renewal applications. Because these constitute acts that are grounds for disciplinary action under§
8-3 I 6(a)(2) of the Nurse Practice Act and because they occurred after the Respondent failed to renew his LPN license, the Board finds that the Respondent has violated§
8-316(a)(28) of the Nurse Practice Act.III. CONCLUSIONS OF LAW
Based on the foregoing Findings of Fact, the Board concludes that the Applicant violated Md. Health. Occ. Code Ann.
§
8-316(a):(l) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or for another;
(2) Fraudulently or deceptively uses a license;
(5)(ii) Willfully and knowingly gives any false or misleading information about a material matter in an employment application;
(8) Does an act that is inconsistent with generally accepted professional standards in the practice of registered nursing or licensed practical nursing; and
(28) After failing to renew a license or after a temporary license has lapsed, commits any act that would be grounds for disciplinary action under this section [Specifically, a violation of
§
8-3 I 6(a)(2)].IV. ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby: ORDERED that the license of Eric Akyeampong, also known as Eric Acheampong, to practice as a registered nurse in the State of Maryland is hereby REVOKED; and it is further
ORDERED that the license of Eric Akyeampong, also known as Eric Acheampong, to practice as a licensed practical nurse in the State of Maryland is hereby REVOKED; and it is further
ORDERED that the application of Eric Akyeampong, also known as Eric Acheampong, dated February 18,2009 seeking licensure as a registered nurse in the State of Maryland is hereby DENIED; and it is further
ORDERED that this is a Final Decision and Order of the Maryland Board of Nursing and, as such, is a PUBLIC DOCUMENT pursuant to Maryland State Gov't Code Ann. § 10 611 et seq. (2009 Repl. Vol.)
P-atricia Ann Noble, MSN, RN _~
Executiv.(}-9ire-ct'Of,Maryland Board of Nursing
c:::=
'
_
-
-
NOTICE OF APPEAL RIGHTS
Any person aggrieved by a final decision of the Board under Md. Health Occ. Code Ann. ".
§ 8-316(a) may take a direct judicial appeal within thirty (30) days as provided by Md. Health Occ. Code Ann.§ 8-318, Md. State Gov't Code Ann. § 10-222 and Title 7, Chapter 200 of the Maryland Rules, including Md. Rule 7-203 ("Time for Filing Action").
CERTIFICATE OF MAILING
MAILED AT: US Postal Service Mailbox, 10 #2121500230
(located near 4140 Patterson Ave., Baltimore, IVID 21215)
DATEMAILED:--=-..:..:...!.:....z;iL.:L-...!!..:::..J.-~~_ __ MAILED BY: OJ "'" u " mOO Q.O
