State licensing officials are investigating the administrator of a Provo nursing home who was charged last week in 4th Circuit Court with two counts of abusing a disabled patient and who failed to report a 1987 conviction of forcible sexual abuse.
State officials say Kim Bunce, 42, manager of Sunset Retirement Care Center, 552 W. 1560 South, was put on leave by the center's owner after an ombudsman for the elderly received several complaints that he beat up a patient on Jan. 6. The complaints were referred to the Division of Adult Protective Services, which passed the case on to Provo police."On cases involving the elderly we can't do anything until the police submit their findings to us," said Debra Wynkoop-Green, state director of the Division of Facilities Licensure.
According to a Provo police report, Bunce is accused of hitting a patient in the face and picking him up by the neck. Provo Police Capt. George Pierpont said the patient suffered a bruise and a laceration to his head. The investigation report says Bunce says his actions were "a reflex action" in response to the patient's unruly behavior. However, Pierpont said some witness statements contradict Bunce's statements.
The two charges are Class A misdemeanors, which are punishable by up to one year in jail and a $2,500 fine. Bunce is scheduled to make a first appearance March 28 before 4th Circuit Judge Steven L. Hansen.
Sunset Retirement Care Center is owned by Nilda Bunce, the accused's mother. Nilda Bunce contacted state officials after the incident and suspended her son as administrator and agreed to restrict him from the care center. Wynkoop-Green said the owner took appropriate action and the facility's license is not in jeopardy.
"We have no intention of taking any further action against the facility at this time," Wynkoop-Green said.
However, state licensing officials confirmed Monday that they are investigating Bunce and that his license as a nurse and health-care administrator could be in jeopardy. If Bunce is convicted of the allegations, state investigators could petition the State Board of Licensing and request a hearing to review Bunce's license.
"If evidence reveals that he did indeed do something, then further action will be taken," Wynkoop-Green said.
State records show Bunce received his nursing license in 1974 and his health-care administrator's license in 1977. Laura Poe, bureau manager of health-care licensing for the Division of Occupational and Professional Licensing, said state records show no complaints have ever been filed against Bunce.
On May 19, 1987, however, a 4th District jury convicted Bunce of one count of forcible sexual abuse, a second-degree felony, and acquitted him of a second count of forcible sexual abuse. According to court documents, Bunce forcibly stripped and fondled one of the nursing home's employees in a storage room. Judge Ray M. Harding reduced the charge to a third-degree felony and sentenced Bunce to 30 days in jail and 18 months probation. Bunce successfully completed the jail time and probation.
Poe said the conviction was never reported to licensing officials as required by state nursing laws. If disciplinary action is taken against Bunce, state officials will take into account the failure to report the 1987 conviction, Poe said.
"He should have been reported by the nurses working with him and clearly I would say he should have reported it himself," she said.