The opinion
STATE OF MAINE SUPERIOR COURT
CIVIL ACTION
KENNEBEC ss. DOCKET NO. AP-04-39,
DEM- KEN - \>] a jRnoor
PETER O/DONNELL,
Petitioner
v. DECISION AND ORDER
MAINE STATE BOARD OF vi Ly
NURSING,
Respondent tS OP ge
Once again Mr. O’Donnell is before the court on a M.R. Civ. P. 80C petition for
review. In rather vague language, the petitioner complained to the Maine State Board
of Nursing regarding activities of a licensed registered professional nurse approved as a
nurse practitioner. The respondent dismissed petitioner’s complaint on the basis of a
finding of no violation of law regulating the practice of nursing.
An appeal of an administrative agency’s imposition of a penalty is reviewed by
the court for an abuse of discretion, errors of law or findings not supported by the
evidence. Maine Real Estate Commission v. Jones, 670 A.2d 1385 (Me. 1996). This court
will not attempt to second-guess the agency on matters falling within its realm of
expertise. Wood v. Supt. of Insurance, 638 A.2d 67 (Me. 1994).
It is clear that licensing boards do not have jurisdiction over individuals who do
not hold a license pursuant to that board. Golz v. Maine Real Estate Commission, 634 A.2d
1288 (Me. 1993). “To acquire standing to obtain judicial review of an administrative
action, a person must demonstrate a particular injury therefrom ... the agency’s action
must actually operate prejudicially and directly upon a party’s property, pecuniary or
personal rights.” Storer v. Dept. of Environmental Protection, 656 A.2d 1191 (Me. 1995).
It would appear from petitioner's filings and oral argument that he believes that
the nurse practitioner conducted an unnecessary medical examination. The
proceedings before the Maine State Board of Nursing was concerned with the
qualifications of the nurse practitioner to continue in her profession under her license.
Since the petitioner in this case has no legal stake in the outcome of such a disciplinary
matter, he has no standing to bring this petition for review. Furthermore, the nurse
practitioner is a necessary party to any action reviewing the complaint as to her
activities and such party has not been joined in this action.
In examining the record, the court finds no basis for concluding that the Maine
State Board of Nursing abused its discretion in dismissing the complaint by the
petitioner.
The entry will be:
The decision of the Maine State Board in Nursing in the matter of
Sandra J. Picard dated June 10, 2004, is AFFIRMED.
Dated: December _ 2 __, 2004 TT
Donald H. Marden
Justice, Superior Court
Date Filed __6/25/04 Kennebec Docket No. __AP04-39
County
Action Petition for Reivew
80C
Peter David O'Donnell VS. State of Maine, Board of Nursing
Plaintiff’s Attorney Defendant’s Attorney
Peter David O'Donnell, Pro Se John Richards, AAG
277 Nelson Lane
Palermo, Maine 04354
Office of Attorney General
6 State House Station
Augusta ME 04333-0006
Date of
Entry .
6/25/04 Petition for Review, filed. s/O'Donnell, Pro Se
Application of Plaintiff to Proceed Without Payment of Fees, filed.
O'Donnell, Pro Se
Indigency Affidavit, filed. s/O'Donnell, Pro Se
7/2/04 ORDER ON APPLICATION TO PROCEED WITHOUT FEES, Marden, J.
It is ORDERED that the applicant pay $200.00 toward the filing fee, servic
costs as follows: $25.00 each week beginning August 1, 2004.
Copy mailed to Plitf.
7/14/04 Appearance and Statement of Position, filed. s/J. Richards, AAG.
7/15/04 Sheriff's Return of Service of service of the Notice of Petition was
served in hand to Myra Broadway on 7/6/04, filed. (filed by Petitioner)
7/16/04 Letter requesting payments be made on the 4th of every month rather than
the lst of every month, filed. s/P. ODonnell, Pro se Petitioner.
7/26/04 ORDER dated 7/21/04, filed. s/Studstrup,J.
Request GRANTED. Next payment due 8/4/04. Copy issued to P. O'Donnell,
POO SE Fetiinevaer Pro Se Petitio
7/30/04 Record, filed. s/Richards, AAG.
Notice of briefing schedule mailed to Pltf. and atty of record.
8/12/04 Petitioner's Brief, filed. s/Peter D. O'Donnell,. Pro Se
Notice of setting for il / alo¢ ws
sentto attorneys of record,
11/3/04
Hearing had with the Hon. Justice Donald Marden, presiding. Tammy Drouin,
Peter O'Donnell, Pro Se Plaintiff and John Richards, AAG
Oral arguments made to the court. Court to take matter under advisement,