On February 21, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Aderonke Ojerinde,
Alice Kwane Frempong,
Anita Barbara Asamoah,
Awal Mohammad Rahaman,
Bartholomew Ezem,
Beatrice Leste,
Brenda Andrews,
Camille Alexa Joasil,
Celestine Chi Aririguzoh,
Charity Akakpo,
Charyl Pilgrim,
Christian Nwankwo,
Elizabeth King-Nabi,
Emmanuel Tetteh,
Ese Okoko,
Eucharia Nweguah Nasah,
Frances Linda Ojeifo,
Gaytreedebie Boedhai,
Jacqueline Boamah-Bright,
Jennifer Okoro,
Joana Amoafo Dofoo,
Johan Nesbitt,
Johnnet Korvah,
Jolette Pasteur,
Joyce Chambers,
Julene Alexander,
Kadiatu Sei-Bureh,
Karen Saulong,
Keshia Porter,
Lisabeth Johnson,
Louise Gelin,
Mabel Boakye,
Marcus Fairclough,
Maria Sokolo,
Mark Gyau,
Miatta Soko,
Micaela Haywood,
Mike Jenny Veillard,
Nneka Nzekwu,
Okema Torey,
Omehvy George,
Prince Adeparusi,
Rebecca Agyeiwaa Annoh,
Regina Nkechi Emmanuel,
Rose Freeman,
Salamat Yusifu,
Scholastica Tandongfor,
Soeurette Colin,
Sofia Lamarre,
Sonia Jones,
Stella Agyenim Boateng,
Sunday Odeh,
Theodora Alexander,
Veronique Lahens,
and
Betty A. Rosa
In Her Capacity As Commissioner Of The New York State Education Department,
David Hamilton
In His Official Capacity As The Assistant Commissioner For Professional Licensing And Practice For The Nys Dept. Of Education Office Of Professions,
New York State Education Department,
New York State Office Of The Professions,
Sarah Benson
In Her Official Capacity As Deputy Commissioner Of The Nys Dept. Of Education And As The Official Heading The Office Of The Professions,
for Special Proceedings - CPLR Article 78
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024
Jesse B. Baldwin, Esq.
jbaldwin@acbfirm.com
January 2, 2024
VIA EMAIL: OPDPLS@nysed.gov and
USPS
David Hamilton, LMSW
Assistant Commissioner, OP
State Education Department
DPLS Director’s Office
89 Washington Avenue
Albany, New York 12234-1000
RE: Stella Agydenim Boateng
RN License No. 809583
Dear Mr. Hamilton:
On behalf of Stella Agydenim Boateng, RN, we write to continue our cooperation with your office
and your inquiry about our client’s education and qualifications. Nurse Boateng has been licensed
as a Registered Nurse in the State of New York since February 3, 2021. Enclosed herewith is a
jump drive with materials we have gathered to demonstrate Nurse Boateng’s qualifications and
competence. Also enclosed is an index of those materials, to help with your review, attached as
Exhibit 1.
Our prior correspondence
As a reminder, we sent you correspondence on February 20, 2023, advising that this office had
been retained by several nurses who received correspondence from you regarding the nursing
schools they attended in Florida and demanding that they surrender their licenses. A copy of our
February 20 letter, with a copy of the attachment identifying our clients (including Nurse Boateng),
is attached as Exhibit 2. We have written you several other letters as additional nurses retained
us after receiving similar correspondence from you. We have received no response to any of our
letters, even though each of them indicates an intention to cooperate and requests a conference to
discuss a reasonable resolution of these matters.
No grounds for summary suspension
As briefly described in our prior letter, there are no grounds for a summary suspension of Nurse
Boateng’s license. This nurse poses no threat to the public health imperatively requiring
emergency action. (See Commissioner’s Reg. 17.9). She neither committed nor knowingly
5680 Main Street | Buffalo, New York 14221
716-475-9533 | www.acbfirm.com
EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024
participated in any fraud. As described more fully below and in the enclosed materials, Nurse
Boateng did attend and complete a nursing education program at Palm Beach School of Nursing.
The program included classroom instruction and clinical training. Nurse Boateng passed the
NCLEX. The fact that a nursing school attended by this nurse may have also sold or awarded
fraudulent degrees to other students does not render this particular nurse a threat to the public
health. We believe your office is aware of this fact, since more than ten months have passed since
your initial letter to Nurse Boateng and no direct action has been taken, nor has any proceeding
been commenced against her license.
No misconduct or other grounds for discipline
Nurse Boateng is entitled to retain her RN license. She obtained this license in full compliance
with applicable law. She completed the educational requirement for licensure in accordance with
Commissioner’s Reg. 64.1 by completing a program in nursing approved by the licensing authority
of Florida for practice as a Registered Professional Nurse. She was authorized to sit for the
NCLEX and passed the exam. These are the legal requirements for obtaining her RN license.
Absent any fraud on her part, there is no basis to take her license from her.
Although Commissioner’s Reg. 64.1(a)(2) has since been amended to change the requirements and
allow the Department to determine another State’s nursing program to be unsatisfactory, this does
not change the fact that Nurse Boateng satisfied the regulatory requirements in place at the time,
which was long before April 18, 2023, the effective date of the regulatory change approved by the
Regents in the April 2023 meeting. Since Nurse Boateng already had a lifetime right to her license
obtained before this change, the regulatory change cannot be applied to her retroactively.
Nurse Boateng has clearly and obviously committed no fraud. The degree she obtained from
Boateng was not purchased; it was earned. Nurse Boateng participated in a formal application
process. Prior to attending Palm Beach School of Nursing (“PBSON”), she completed 80.00 credit
hours in the associate of science in nursing program at Fortis College. Her transcript from Fortis
College is included at Exhibit A on the materials contained in the jump drive provided with this
submission.
Nurse Boateng included a transcript of her prior education as part of her application materials. At
the time she applied and began her program, the school was known as Jay College of Health
Sciences. Nurse Boateng was thereafter informed that the name of the school was changed to
PBSON. She was granted transfer credits based on her prior education. (Exhibit B.2) In addition
to online classes, during the course of study at PBSON, Nurse Boateng was required to travel to
Florida on three occasions for the purpose of attending classes and clinical. Both trips lasted 7
days each where her classroom and clinical requirements were completed Monday to Friday, 12
hours each day. She retained several of her course presentation materials, correspondence with
professors and school administration, class schedules, class notes, quizzes, essays, and homework,
which are included at Exhibit B. Nurse Boateng was required to pass an exit examination to
complete the program.
Given these facts, it cannot reasonably be suggested that Nurse Boateng participated in any fraud
or made any material misrepresentations on her license application materials.
EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024
Nurse Boateng’s competence as an RN is established
Nurse Boateng has significant employment experience caring for patients with various employers
including Beckett Springs Behavioral Health, Glenwood Behavioral Health, and Cedar Oaks
Wellness Center. Nurse Boateng’s duties involve direct patient care, including patient assessment
and physical examination, providing teaching and education, care coordination, and medication
administration.
Accompanying this submission are two letters of support from colleagues who have worked with
Nurse Boateng. (Exhibit E) They describe a hardworking, capable, and caring nurse.
Conclusion
For the reasons stated above, and based on the evidence enclosed, it is clear Nurse Boateng
lawfully obtained her nursing licenses and has gone on to provide professional nursing services.
We respectfully submit that it would be consistent with the Department’s mandate to protect, rather
than destroy, this nurse’s ability to practice.
To avoid misconduct charges and a plenary hearing, would like to discuss a way to resolve this
issue and address the Department’s concerns regarding Nurse Boateng’s education and
training. Please call or email me anytime to have that discussion.
Very truly yours,
ADDELMAN CROSS & BALDWIN, PC
Jesse B. Baldwin
JBB/ba
EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024
INDEX OF SUPPORTING DOCUMENTATION
ON BEHALF OF
STELLA AGYENIM BOATENG, RN
School Attended: Palm Beach School of Nursing (f/k/a Jay College of Health
Sciences)
A. Previous Education
1. Fortis College
a. Transcript, Start Date 7/5/2016; withdrawal date: 9/25/2018; program:
Associate of Science in Nursing
B. Palm Beach School of Nursing, Associates of Science of Nursing (f/k/a Jay College of
Health Sciences)
1. Documents specific to Stella Agyenim Boateng
a. Official Transcript
b. Transcript Evaluation Form
c. General Communications
i. Emails with Student Services
d. Course Materials
i. Health Alteration Class
1. Email communications with instructor Eddy Martinez
e. All class documents including emails, homework, tests, quizzes
f. Handwritten class notes
g. Class Schedule
h. Evidence of Payment
i. Cashier’s Check
i. Evidence of travel expenses to Florida
i. Flight confirmation, 1.29.2019
2. General Documents
a. Nursing Core Course (s) Schedule, October 14 – November 22
b. Class Schedule, February – March
3. Course Materials
a. Screenshots
i. Organizational Communication Strategies
ii. Four Common Steps in Progressive Discipline
1
EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024
C. NCLEX documents
1. Authorization to Test, test validity 10 June 2020 – 07 December 2020
D. Registered Professional Nurse
1. New York License Number 809583, issued 2/3/2021, valid through 1/31/2024
2. Ohio License Number RN.490548, issued 5/19/2021, valid through 10/31/2023
E. Letters of Support
1. Letter from Joseph Yeboah, PMHNP, ViaQuest Psychiatric Nursing Services
• While working at Beckett Springs, Stella was also pursuing her nursing degree
which she completed and passed her boards in 2020. She is very smart and a
phenomenal worker. Due to her hard work, I recommended her to work with me
as my nurse when I became a Nurse Practitioner. She is very good at her job
by assessing and administering medications to her patients. She collaborates
well with other healthcare professionals to administer high quality of care.
Everyone, including patients and coworkers, who have come in contact with
Stella with (sic) testify how great of a person she is and how great of a nurse
she is.
2. Letter from Mabel Okai, BSN, MSN, APRN, FNP-BC, Care First Urgent Care
• As a nurse (Stella) accurately performed her duty by assessing patients’
conditions by observing and recording medical histories and symptoms. She
also administers patients’ medication and treatment and consult and
collaborate with doctors and other healthcare professionals. Stella has been
effective efficient with her job.
2
EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024
From: Beth Atwood
To: OPDPLS
Cc: Jesse Baldwin
Subject: Stella Boateng RN license number 809583
Date: Tuesday, January 2, 2024 10:42:00 AM
Attachments: Boateng Stella Agydenim -1.2.2024 - LTR to NYS Education Department.pdf
image001.png
Exhibit 1 - INDEX OF SUPPORTING DOCUMENTATION - Boateng, Stella Agyenim.pdf
Exhibit 2 - 2.20.2023 combined JBB - Hamilton re nurse licenses_Redacted.pdf
Dear Mr. Hamilton:
Attached please find correspondence from attorney Jesse Baldwin concerning our client, Stella
Boateng RN license number 809583. Also attached is an index of supporting documentation (Exhibit
1) and our prior correspondence of February 14, 2023 (Exhibit 2).
A hard copy of the letter with a jump drive containing the supporting documents will be mailed to
you today.
Thank you for your consideration.
Beth Atwood | Litigation Paralegal
Addelman Cross & Baldwin, PC
5680 Main Street | Buffalo, New York 14221
716-466-1476 | batwood@acbfirm.com | www.acbfirm.com
Statement of Confidentiality: This electronic message may contain privileged or confidential information.
If you are not the intended recipient of this e-mail, please delete it from your system and advise the sender.
EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index
Preview
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024 Jesse B. Baldwin, Esq. jbaldwin@acbfirm.com January 2, 2024 VIA EMAIL: OPDPLS@nysed.gov and USPS David Hamilton, LMSW Assistant Commissioner, OP State Education Department DPLS Director’s Office 89 Washington Avenue Albany, New York 12234-1000 RE: Stella Agydenim Boateng RN License No. 809583 Dear Mr. Hamilton: On behalf of Stella Agydenim Boateng, RN, we write to continue our cooperation with your office and your inquiry about our client’s education and qualifications. Nurse Boateng has been licensed as a Registered Nurse in the State of New York since February 3, 2021. Enclosed herewith is a jump drive with materials we have gathered to demonstrate Nurse Boateng’s qualifications and competence. Also enclosed is an index of those materials, to help with your review, attached as Exhibit 1. Our prior correspondence As a reminder, we sent you correspondence on February 20, 2023, advising that this office had been retained by several nurses who received correspondence from you regarding the nursing schools they attended in Florida and demanding that they surrender their licenses. A copy of our February 20 letter, with a copy of the attachment identifying our clients (including Nurse Boateng), is attached as Exhibit 2. We have written you several other letters as additional nurses retained us after receiving similar correspondence from you. We have received no response to any of our letters, even though each of them indicates an intention to cooperate and requests a conference to discuss a reasonable resolution of these matters. No grounds for summary suspension As briefly described in our prior letter, there are no grounds for a summary suspension of Nurse Boateng’s license. This nurse poses no threat to the public health imperatively requiring emergency action. (See Commissioner’s Reg. 17.9). She neither committed nor knowingly 5680 Main Street | Buffalo, New York 14221 716-475-9533 | www.acbfirm.com EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024 participated in any fraud. As described more fully below and in the enclosed materials, Nurse Boateng did attend and complete a nursing education program at Palm Beach School of Nursing. The program included classroom instruction and clinical training. Nurse Boateng passed the NCLEX. The fact that a nursing school attended by this nurse may have also sold or awarded fraudulent degrees to other students does not render this particular nurse a threat to the public health. We believe your office is aware of this fact, since more than ten months have passed since your initial letter to Nurse Boateng and no direct action has been taken, nor has any proceeding been commenced against her license. No misconduct or other grounds for discipline Nurse Boateng is entitled to retain her RN license. She obtained this license in full compliance with applicable law. She completed the educational requirement for licensure in accordance with Commissioner’s Reg. 64.1 by completing a program in nursing approved by the licensing authority of Florida for practice as a Registered Professional Nurse. She was authorized to sit for the NCLEX and passed the exam. These are the legal requirements for obtaining her RN license. Absent any fraud on her part, there is no basis to take her license from her. Although Commissioner’s Reg. 64.1(a)(2) has since been amended to change the requirements and allow the Department to determine another State’s nursing program to be unsatisfactory, this does not change the fact that Nurse Boateng satisfied the regulatory requirements in place at the time, which was long before April 18, 2023, the effective date of the regulatory change approved by the Regents in the April 2023 meeting. Since Nurse Boateng already had a lifetime right to her license obtained before this change, the regulatory change cannot be applied to her retroactively. Nurse Boateng has clearly and obviously committed no fraud. The degree she obtained from Boateng was not purchased; it was earned. Nurse Boateng participated in a formal application process. Prior to attending Palm Beach School of Nursing (“PBSON”), she completed 80.00 credit hours in the associate of science in nursing program at Fortis College. Her transcript from Fortis College is included at Exhibit A on the materials contained in the jump drive provided with this submission. Nurse Boateng included a transcript of her prior education as part of her application materials. At the time she applied and began her program, the school was known as Jay College of Health Sciences. Nurse Boateng was thereafter informed that the name of the school was changed to PBSON. She was granted transfer credits based on her prior education. (Exhibit B.2) In addition to online classes, during the course of study at PBSON, Nurse Boateng was required to travel to Florida on three occasions for the purpose of attending classes and clinical. Both trips lasted 7 days each where her classroom and clinical requirements were completed Monday to Friday, 12 hours each day. She retained several of her course presentation materials, correspondence with professors and school administration, class schedules, class notes, quizzes, essays, and homework, which are included at Exhibit B. Nurse Boateng was required to pass an exit examination to complete the program. Given these facts, it cannot reasonably be suggested that Nurse Boateng participated in any fraud or made any material misrepresentations on her license application materials. EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024 Nurse Boateng’s competence as an RN is established Nurse Boateng has significant employment experience caring for patients with various employers including Beckett Springs Behavioral Health, Glenwood Behavioral Health, and Cedar Oaks Wellness Center. Nurse Boateng’s duties involve direct patient care, including patient assessment and physical examination, providing teaching and education, care coordination, and medication administration. Accompanying this submission are two letters of support from colleagues who have worked with Nurse Boateng. (Exhibit E) They describe a hardworking, capable, and caring nurse. Conclusion For the reasons stated above, and based on the evidence enclosed, it is clear Nurse Boateng lawfully obtained her nursing licenses and has gone on to provide professional nursing services. We respectfully submit that it would be consistent with the Department’s mandate to protect, rather than destroy, this nurse’s ability to practice. To avoid misconduct charges and a plenary hearing, would like to discuss a way to resolve this issue and address the Department’s concerns regarding Nurse Boateng’s education and training. Please call or email me anytime to have that discussion. Very truly yours, ADDELMAN CROSS & BALDWIN, PC Jesse B. Baldwin JBB/ba EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024 INDEX OF SUPPORTING DOCUMENTATION ON BEHALF OF STELLA AGYENIM BOATENG, RN School Attended: Palm Beach School of Nursing (f/k/a Jay College of Health Sciences) A. Previous Education 1. Fortis College a. Transcript, Start Date 7/5/2016; withdrawal date: 9/25/2018; program: Associate of Science in Nursing B. Palm Beach School of Nursing, Associates of Science of Nursing (f/k/a Jay College of Health Sciences) 1. Documents specific to Stella Agyenim Boateng a. Official Transcript b. Transcript Evaluation Form c. General Communications i. Emails with Student Services d. Course Materials i. Health Alteration Class 1. Email communications with instructor Eddy Martinez e. All class documents including emails, homework, tests, quizzes f. Handwritten class notes g. Class Schedule h. Evidence of Payment i. Cashier’s Check i. Evidence of travel expenses to Florida i. Flight confirmation, 1.29.2019 2. General Documents a. Nursing Core Course (s) Schedule, October 14 – November 22 b. Class Schedule, February – March 3. Course Materials a. Screenshots i. Organizational Communication Strategies ii. Four Common Steps in Progressive Discipline 1 EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024 C. NCLEX documents 1. Authorization to Test, test validity 10 June 2020 – 07 December 2020 D. Registered Professional Nurse 1. New York License Number 809583, issued 2/3/2021, valid through 1/31/2024 2. Ohio License Number RN.490548, issued 5/19/2021, valid through 10/31/2023 E. Letters of Support 1. Letter from Joseph Yeboah, PMHNP, ViaQuest Psychiatric Nursing Services • While working at Beckett Springs, Stella was also pursuing her nursing degree which she completed and passed her boards in 2020. She is very smart and a phenomenal worker. Due to her hard work, I recommended her to work with me as my nurse when I became a Nurse Practitioner. She is very good at her job by assessing and administering medications to her patients. She collaborates well with other healthcare professionals to administer high quality of care. Everyone, including patients and coworkers, who have come in contact with Stella with (sic) testify how great of a person she is and how great of a nurse she is. 2. Letter from Mabel Okai, BSN, MSN, APRN, FNP-BC, Care First Urgent Care • As a nurse (Stella) accurately performed her duty by assessing patients’ conditions by observing and recording medical histories and symptoms. She also administers patients’ medication and treatment and consult and collaborate with doctors and other healthcare professionals. Stella has been effective efficient with her job. 2 EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 02/21/2024 From: Beth Atwood To: OPDPLS Cc: Jesse Baldwin Subject: Stella Boateng RN license number 809583 Date: Tuesday, January 2, 2024 10:42:00 AM Attachments: Boateng Stella Agydenim -1.2.2024 - LTR to NYS Education Department.pdf image001.png Exhibit 1 - INDEX OF SUPPORTING DOCUMENTATION - Boateng, Stella Agyenim.pdf Exhibit 2 - 2.20.2023 combined JBB - Hamilton re nurse licenses_Redacted.pdf Dear Mr. Hamilton: Attached please find correspondence from attorney Jesse Baldwin concerning our client, Stella Boateng RN license number 809583. Also attached is an index of supporting documentation (Exhibit 1) and our prior correspondence of February 14, 2023 (Exhibit 2). A hard copy of the letter with a jump drive containing the supporting documents will be mailed to you today. Thank you for your consideration. Beth Atwood | Litigation Paralegal Addelman Cross & Baldwin, PC 5680 Main Street | Buffalo, New York 14221 716-466-1476 | batwood@acbfirm.com | www.acbfirm.com Statement of Confidentiality: This electronic message may contain privileged or confidential information. If you are not the intended recipient of this e-mail, please delete it from your system and advise the sender. EXHIBIT UU - Boateng, S - 1.2.2024 Baldwin - NYSED with index