The Washington State Department of Health has suspended for at least a decade the registered nursing assistant license of a Ferndale caregiver accused of raping a developmentally disabled adult under his care.
The state health department suspended the registered nursing assistant license of 46-year-old Nathaniel Matthew Miller on Jan. 19, 2024, according to a Feb. 29 state health department email and documents. His license was first issued June 26, 2000.
Miller will not be allowed to submit a petition to reinstate his license for at least 10 years. Prior to petitioning for reinstatement of his healthcare license, Miller must undergo a psycho-sexual evaluation and pay a $5,000 fine.
The state health department previously took emergency action and suspended Miller's license effective Oct. 30, after determining he posed an immediate threat to public health and safety. He was directed to immediately deliver all of his credentials, including any wall, display or wallet credentials, to the state health department.
The state health department filed charges against Miller's license Oct. 9, alleging that Miller forcibly sexually assaulted a developmentally disabled adult for whom he was caring while employed as a caregiver at Holly Community Services.
Holly Community Services is a supported-living agency that provides residential support services for adults with intellectual and developmental disabilities in the Bellingham and Ferndale areas, according to its website.
The Herald has reached out to Holly Community Services for more information and to determine if Miller is still employed with the agency.
Unprofessional conduct
The state health department alleged Miller displayed unprofessional conduct and violated several state laws and administrative codes, according to department records.
The charges against Miller's license, issued Oct. 9, alleged he committed an act involving moral turpitude, dishonesty or corruption relating to the practice of his profession; that he violated state or federal statutes or administrative rules regulating his profession, including the standards of patient care and professional conduct; that he committed abuse of a client or sexual contact with a client or patient, and that he violated several of the state's administrative codes against sexual misconduct, including misconduct involving force, intimidation or lack of consent, that govern healthcare providers, health department documents show.
Miller had until Nov. 21 to respond to the state health department charges. He did not do so, the documents state.
Because Miller failed to respond within the time allowed, the state health department determined he committed unprofessional conduct and issued a final order Jan. 19, 2024 against Miller's license.
In determining what appropriate sanctions against Miller's healthcare license may be, the state health department considered the aggravating factors of the age, capacity and vulnerability of the patient; that it was an intentional act; that his motivation was criminal and immoral; and that Miller's actions brought ill repute upon the profession.
Because Miller did not respond or submit evidence of his own, no mitigating factors were considered.
The department ultimately determined that a 10-year suspension of Miller's license, along with conditions that he's required to complete prior to any potential reinstatement, was the "appropriate sanction to protect patient safety and public health," the documents state.
Criminal charge
Prior to the state health department taking action against his license, Miller was criminally charged Aug. 3 with one count of second-degree rape, a felony, in Whatcom County Superior Court.
The criminal charging document states that Miller is accused of raping the victim while they were incapable of consent due to being physically helpless or mentally incapacitated; that he engaged in sexual intercourse with the victim by forcible compulsion; that he's a healthcare provider and the victim is a client or patient; that the assault occurred during a treatment session, consultation, interview or examination; and that the victim is a developmentally disabled adult over whom Miller had supervisory authority.
The felony charge also includes an aggravating factor that Miller knew or should have known that the victim was particularly vulnerable or incapable of resistance, according to court records.
Miller pleaded not guilty to the charge Sept. 29.
He was released from the Whatcom County Jail on Oct. 19 on a $10,000 cash bail alternative. Miller's bail was reduced from $200,000 to $100,000 with a $10,000 cash alternative at a hearing the same day.
A sexual assault protection order has been put in place between Miller and the victim.
He is not allowed to possess firearms or other dangerous weapons while awaiting trial, court documents show.
Miller's jury trial is tentatively scheduled for May 13.
The Herald has reached out to Miller's defense attorney for comment.
