Emily Best v. Arkansas State Board of Nursing

Summary

The Arkansas Court of Appeals affirmed the Arkansas State Board of Nursing's letter of reprimand against Emily Best following her conviction for first-degree criminal mischief. The court held that Best failed to preserve several challenges to the Board's authority and consideration of nolle prossed charges, concluded that the Board disciplined her based on the conviction rather than gross immorality, and determined that the reprimand was not unduly harsh.

Holdings

1. The court would not address the argument because Best failed to raise it before the administrative agency and obtain a ruling.
2. The court held that Best was disciplined for being guilty of a crime, not for gross immorality; the Board's inclusion of the definition of gross immorality in the letter did not establish that the term was an independent basis for the reprimand.
3. The court declined to review the argument because Best failed to object before the Board and obtain a ruling.
4. The letter of reprimand was not unduly harsh, and the Board did not abuse its discretion by issuing it.

Questions Presented

1. Whether Best preserved her argument that criminal mischief was not a crime within the Board's disciplinary authority.
2. Whether the Board improperly relied on the vague term "gross immorality" in issuing the letter of reprimand.
3. Whether the Board improperly considered Best's nolle prossed charges.
4. Whether the letter of reprimand was unduly harsh and constituted an abuse of discretion.

Disposition

affirmed