"Whistling Dixie," a slang expression taken from a popular 19th century song, means "to engage in unrealistically rosy fantasizing." The phrase is also popular in parts of Texas where whistling is as common as whittling, eliciting images of a slower era.

However, two nurses in the rural western part of the state are finding "whistle-blowing" doesn't have the same whimsical charm there. In fact, such actions might land them in jail.

The nurses Vicki Galle, RN, and Anne Mitchell, RN, say they were just trying to protect patients when they anonymously reported their concerns April 7 to the Texas Medical Board (TMB). The RNs believed a physician wasn't living up to ethical practice standards at the 15-bed county hospital where they worked.

The report indicated Rolando Arafiles, MD, one of three physicians on contract with the hospital, improperly encouraged patients at the Winkler County Memorial Hospital emergency department and the county's rural health clinic to buy herbal supplements from him.

However, because the two nurses worked for a county hospital - and included medical record numbers of the patients in their letter to the TMB in April - the county attorney's office indicted them on "misuse of official information" - a third-degree felony that carries potential penalties of 2-10 years' imprisonment and a maximum fine of $10,000. Additionally, the prosecution asserts the nurses used patient records as part of the evidence they offered to the TMB to "harass or annoy" Arafiles.

Mitchell and Galle, both long-time nurses at the facility, were fired from their positions and were subsequently arrested June 12, just 5 days past the 60-day window that could have been part of the defense to prove retaliation. The two nurses are free on bond of $5,000 each.  

'Largest Turnout Ever'

Now, the little town of Kermit, TX, has drawn the country's attention as healthcare leaders, judicial and legislative bodies try to determine whether ethics supersedes policy in an unfolding story that reads more like a dramatic novel than the hard-to-believe non-fiction it is

While an initial hearing on the nurses' motions to dismiss the case was held July 15 in the Winkler County Courthouse in Kermit, population 5,231, no rulings were made on any motions. As such, a hearing was scheduled Aug. 5 which ended without a ruling from District Judge James L. Rex, according to the Texas Nurses Association (TNA). The state association, along with its national affiliate, the American Nurses Association (ANA), is advocating for the nurses' exoneration.

Courthouse workers told KOSA-TV, the turnout in the courtroom that morning was "the largest they've ever seen" with more than 80 people, including several nurses who attended in support of Galle and Mitchell.

As reported by KWES-TV, attorneys for the two nurses argued the case is simply a matter of local law enforcement and officials retaliating after the nurses filed a compliant with the TMB.

"This is not a criminal case," said Midland-based attorney Brian Carney, who is representing the nurses. "This is a case of two nurses doing what they think is the right thing and what they are obligated to do by their licensing agency and doing what they think is proper for patient safety."

In preparation for the August hearing, Carney filed several separate motions to suppress and dismiss the case altogether, which were all denied. Phyllis Jackson at the county clerk's office told ADVANCE a jury trial before Rex is scheduled to begin Sept. 29.