BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: SHARON ANNE WHITTEMORE a.k.a., SHARON A. WHITTEMORE Case No. 2019-26 Registered Nurse License No. 545168 Nurse Practitioner Certificate No. 11332 Nurse Practitioner Furnishing Certificate No. 11332 Respondent. DECISION AND ORDER Pursuant to Title 16 of the California Code of Regulations, section 1403, the attached Stipulated Settlement is hereby adopted by the Board of Registered Nursing as its Decision and Order in the above-entitled matter. This Decision shall become effective on IT IS SO ORDERED this ~ 31 CJ-o /? 3 ,_p(day ot~ted,. ()-{) I£' {v~MSN;N Executive Officer Board of Registered Nursing Department of Consumer Affairs State of California 1 XAVIER BECERRA Attorney General of California 2 CHAR SACHSON Supervising Deputy Attorney General 3 4 5 6 7 JUDITH J. LoACH Deputy Attorney General State Bar No. 162030 455 Golden GateAvenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 510-3483 Facsimile: (415) 703-5480 E-mail: Judith.Loach@doj .ca.gov Attorneys for Complainant 8 BEFORE THE BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 9 10 11 In the Matter ofthe Accusation Against: Case No. 2019-26 12 SHARON ANNE WHITTEMORE · AKA SHARON A. WHITTEMORE 160 Daley Court San Bruno, CA 94066 STIPULATED SURRENDER OF LICENSE AND ORDER 13 14 15 16 Registered Nurse License No. 545168 Nurse Practitioner Certificate No. 11332 Nurse Practitioner Furnishing Certificate No.11332 17 Respondent. 18 19 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above20 entitled proceedings that the following matters are true: 21 PARTIES 22 1. Joseph L. Morris, PhD, MSN, RN (Complainant) is the Executive Officer of the 23 Board of Registered Nursing (Board). He brought this action solely in his official capacity and is 24 represented in this matter by Xavier Becerra, Attorney General of the State of California, by 25 Judith J. Loach, Deputy Attorney General. 26 2. Sharon Anne Whittemore, aka Sharon A. Whittemore (Respondent) is represented in 27 this proceeding by attorney Kathleen A. McCormac, whose address is 2858 Diamond Street, San 28 Francisco, CA 94131-3055. 1 Stipulated Surrender of License-SHARON ANNE WHITTEMORE (Case No. 2019-26) 1 3. On or about July 10, 1998, the Board issued Registered Nurse License No. 545168 to 2 Respondent. The Registered Nurse License was in 'full force and effect at all times relevant to the 3 charges brought in Accusation No. 2019-26 and will expire on October 31, 2019, unless renewed. 4 4. On or about January 13, 2000, the Board issued Nurse Practitioner Certificate No. 5 11332 to Respondent. The Nurse Practitioner Certificate was in full force and effect at all times 6 relevant to the charges brought in Accusation No. 2019-26 and will expire on October 31,2019, 7 unless renewed. 8 5. On or about March 12, 2001, the Board issued Nurse Practitioner Furnishing 9 Certificate No. 11332 to Respondent. The Nurse Practitioner Furnishing Certificate was in full 10 force and effect at all times relevant to the charges brought in Accusation No. 2019-26 and will 11 expire on October 31, 2019, unless reney.red. '. 12 .13 .JURISDICTION 6. Accusation No. 2019-26 was filed before the (Board), and is currently pending 14 against Respondent. The Accusation and all other statutorily required documents were properly 15 served on Respondent on July 10, 2018. Respondent timely filed her Notice of Defense 16 contesti11g the Accusation. A copy of Accus.ation No. 2019-26 is attached as Exhibit A and 17 incorporated by reference. 18 19 ADVISEMENT AND WAIVERS 7. Respondent has carefully read, fully discussed with counsel, and understands the 20 charges and allegations in Accusation No.' 2019-26. Respondent also has carefully read, fully 21 discussed with counsel, and understands the effects of this Stipulated Surrender of License and 22 Order. 23 8. Respondent is fully aware of her legal rights in this matter, including the right to a 24 hearing on the charges and allegations in the Accusation; the right to confront and cross-examine 25 the witnesses against her; the right to present evidence and to testify on her own behalf; the right 26 to the issuance of subpoenas to compel the attendance of witnesses and the production of 27 documents; the right to reconsideration and court review of an adverse decision; and all other 28 rights accorded by the California Administrativ~ Procedure Act and other applicable laws. 2 Stipulated Surrender of License-SHARON ANNE WHITTEMORE (Case No. 2019-26) 1 2 9. every right set forth above. CULPABILITY 3 4 Respondent voluntarily, knowingly, and intelligently waives and gives up each and 10. Respondent admits the truth of each and every charge and allegation in Accusation 5 No. 2019-26, agrees that cause exists for discipline and hereby surrenders her Registered Nurse 6 License No. 545168 for the Board's formal acceptance. 7 11. Respondent admits the truth of each and every charge and allegation in Accusation 8 No. 2019-26, agrees that cause exists for discipline and hereby surrenders her Nurse Practitioner 9 Certificate No. 11332 for the Board's formal acceptance. 10 12. Respondent admits the truth of each and every charge and allegation in Accusation 11 No. 2019-26, agrees that cause exists for discipline and hereby surrenders her Nurse Practitioner 12 Furnishing Certificate No. 11332 for the Board's formal acceptance. 13 13. Respondent understands that by signing this stipulation she enables the Board to issue 14 an order accepting the surrender of her Registered Nurse License, Nurse Practitioner Certificate 15 and Nurse Practitioner Furnishing Certificate without further process. CONTINGENCY 16 17 14. This stipulation shall be subject to approval by the Board. Respondent understands 18 and agrees that counsel for Complainant and the staff of the Board may communicate directly 19 with the Board regarding this stipulation and surrender, without notice to or participation by. 20 Respondent or her counsel. By signing the stipulation, Respondent understands and agrees that 21 she may not withdraw her agreement or seek to rescind the stipulationprior to the time the Board 22 considers and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order, 23 the Stipulated Surrender and Disciplinary Order shall be of no force or effect, except for this 24 paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not 25 26 . be disqualified from further action by having considered this matter. 15. The parties understand and agree that Portable Document Format (PDF) and facsimile 27 copies of this Stipulated SurrensJer of License and Order, including Portable Document Format 28 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals. 3 Stipulated Surrender of License-SHARON ANNE WHITIEMORE (Case No. 2019-26) 1 16. This Stipulated Surrender of License and Order is intended by the parties to be an 2 integrated writing representing the complete, final, and exclusive embodiment of their agreement. 3 It supersedes any and all prior or contemporaneous agreements, understandings, discussions, 4 negotiations, and commitments (written or oral). This Stipulated Surrender of License and Order 5 may not be altered, amended, modified, supplemented, or otherwise changed except by a writing 6 execu,ted by an authorized representative of each of the parties. 17. 7 8 In consideration of the foregoing admissions and stipulations, the parties agree that the Board may, without further notice or formal proceeding, issue and enter the 'following Order: ORDER 9 10 IT IS HEREBY ORDERED that Registered Nurse License No. 545168, Nurse Practitioner 11 Certificate No. 11332, and Nurse Practitioner Furnishing Certificat~ No. 11332 issued to 12 Respondent Sharon Anne Whittemore, aka Sharon A. Whittemore are surrendered and accepted 13 by the Board of Registered Nursing. 1. 14 The surrender of Respondent's Registered Nurse License, Nurse Practiti~:mer 15 Certificate, and Nurse Practitioner Furnishing Certificate and the acceptance of the surrendered 16 licenses and certificate by the Board shall constitute the imposition of discipline against 17 Respondent. This stipulation constitutes .a record of the discipline anp shall become a part of 18 Respondent's license history with the Board of Registered Nhrsing. 2. 19 Respondent shall lose all rights and privileges as a Registered Nurse, Nurse 20 Practitioner and Nurse Practitioner Furnishing Certificate in California as of the effective date of 21 the Board's Decision and Order.. 3. 22 If Respondent ever files an application for lkensure or a petition for reinstatement in 23 the State of California, the Board shall treat it as a petition for reinstatement. Respondent must 24 comply with all the laws, regulations and procedures for reinstatement of a revoked or 25 surrendered license in effect at the time the petition is filed, and all of the charges and allegations 26 contained in Accusation No. 2019-26 shall be 27 Respondent when the Board determines whether to grant or deny the petition. 28 Ill de~med to be true, correct and admitted by 4 Stipulated Surrender of License-SHARON ANNE WHITTEMORE (Case No. 2019-26) II II ·) 1 Jf :md 1..vhen Respondent's license is minstated, sh.e sha:ll pny to the Board c.osts 4. associ:ll<~d w·ith its im,estigal·i.on and enforcement pur:.;uant to B.u~;iness and P;"<>f~;;ssions Cndc ·; ! section 12).3 ir: the amouni of$ 6,837.1)0 iZespondeni ~;hali he permitted to pay lht;;se costs [n u. I ·'! J! payment pla11 approved by the BonrcL Nothing in this provisio11 shall bt' construed tu prohibit the !I' ,. If 6 IIJi JScmrd (ro.m redudng tiH:: an1ount of cos!. recovery li['IHl rdnsLatemen! of the lic..::nse. 5. ! F.Respondenl should ever apply or reapply for n n0w license or certificn1ion, cl'r I' : II ~':~;::::1 ~:: ,:~i ·~;':~::!~~:;,·:,:::e~;::~::0::y ,:~:: ::1 ,::~:,:~::::·:,~:,;•;;_~;, t:;~,~·:: of 0: : : cussed it with my attorney, Kath Ieen A. M.cCormac. I understand the sti pul at iun and the effect J6 II it 'ra,c.tit-ioner Cetti ficalt~ and Nun;t 17 I' Practi rion.er Furnishing Certlfka.te. 1 enter into .thl.R Stipulated Surrender of Li cen~;c and Order· lo 1,! !I voluntarilv. .. . 1n iJil Hmtrd ofRegi~tered Nun;ing. ].0 2i knovv'iJll~lv . ._ .. ~· <1nd inteiliuentlv. ..... . ... . nn.d a~rec:: ... . t(l be bound bv.., the Decision and Otder t}i. 1!1(: d Ill:', II .D. ,, '"TD h. l. "·. : __ -1 ± ...:.,~_?, L.Jj::~---~·--"....-.. ------·------­ ·.··:· p II . ; It1, ,, :,:~ :·.: 'ill .<:.) 26 ,. c!'ISClt:iS-:~cI WI...til nr-•.esrJom.cnU:.1aron [ <"j .. . 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