People v. Stults
Case Date: 07/18/1997
Court: 2nd District Appellate
Docket No: 2-96-0946
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_________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _________________________________________________________________ THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court ILLINOIS, ) of Du Page County. ) Plaintiff-Appellee, ) No. 95--CM--636 ) v. ) ) NANETTE M. STULTS, ) Honorable ) George J. Bakalis, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________ JUSTICE COLWELL delivered the opinion of the court: Defendant, Nanette M. Stults, appeals her conviction of practicing nursing without a license in violation of the Illinois Nursing Act of 1987 (Nursing Act) (225 ILCS 65/1 et seq. (West 1996)). On appeal, Stults contends that she should be awarded a new trial because the trial court erroneously sustained an objection at trial. In the alternative, Stults argues that her conviction should be reversed because (1) she was not proved guilty beyond a reasonable doubt; (2) the provisions of the Nursing Act prohibiting the unlicensed practice of nursing are unconstitutional; and (3) newly discovered evidence demonstrates that the trial court's finding of guilt was erroneous. We affirm. The record shows that Stults is an unlicensed medical assistant. After graduating from high school in Illinois, Stults enrolled in a medical assistant's program at Catholic Medical Academy in Wisconsin. Upon completing the one-year program, Stults entered an internship in pediatrics. During her internship, Stults studied anatomy, physiology, X-ray procedures, physical assessment procedures, blood-drawing procedures, and immunization procedures, among other tasks. After completing her internship, Stults worked in a pediatric clinic located in a medical-surgical clinic in Milwaukee as a "pediatric nurse." While working at the clinic, Stults enrolled in Marquette University, taking child psychology and infant and toddler nutrition courses. Upon completing the classes at Marquette, Stults enrolled in a registered nurse (RN) program at Milwaukee Technical College. Stults completed approximately 20 months of courses before dropping the program "in academic good standing." At trial, Stults testified that she had to leave the program because her husband worked for the air force and was transferred to California. Stults returned to Illinois from California in 1973. In 1980, she started to work for a pediatrician in Downers Grove. Stults testified that her responsibilities at the Downers Grove office consisted of what she had been doing "years before in pediatric nursing." The pediatrician Stults worked for in the Downers Grove office left shortly after Stults arrived. Stults, however, remained working at the office for the new pediatrician, Dr. Koteswara Batchu. Stults testified that her duties remained the same while working for Dr. Batchu. Mainly, she assessed physical measurements of children and placed the measurements on medical charts. Stults also administered immunizations to children. Stults next went to work for Dr. Lynn. She worked for Dr. Lynn for over 11 years, performing essentially the same duties as she had with Dr. Batchu. Stults left Dr. Lynn to work for General Pediatrics in June 1991. Stults stated that she learned about the position at General Pediatrics because General Pediatrics was located one floor below Dr. Lynn's office in the medical center. Stults said that a nurse in General Pediatrics, Patricia Reidy, talked to her during her lunch hour and asked her to consider working for General Pediatrics. Stults stated that she never told Reidy that she was a registered nurse and that she never asked Reidy about her credentials. Stults testified that Dr. Michael Steinken, a doctor at General Pediatrics, called her in May 1991. Stults stated that he said he "was in desperate need" to fill Reidy's position and asked whether she would take the position. Stults declined. Dr. Steinken called Stults again on June 9, 1991. Dr. Steinken asked whether Stults had reconsidered her position and the two scheduled an interview for the following day. Stults testified that she met with Dr. Steinken during her lunch hour on June 10. She said that she brought him her r |