ALJDEC decisions subject to certification as final

03A-0206005-NUR · State Board of Nursing · 2004-07-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 1, 2004. APPEARANCES: The Arizona State Board of Nursing was represented by Assistant Attorney General Melissa S. Cornelius. The Respondent, Sandra Lynn Woods, RN, appeared personally and was represented by her attorney, Jessica Reynolds, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The Arizona State Board of Nursing (“Board”) has the authority to regulate and control the practice of nursing in the State of Arizona, pursuant to A.R.S. § 32-1606, 32-1663 and 32-1664. 2. The Board also has the authority to impose disciplinary sanctions against holders of nursing licenses and nursing assistant certificates, pursuant to A.R.S. §§ 32-1601 to -1667. 3. The Respondent, Sandra Lynn Woods, is the holder of Professional Nurse License No. RN083582 issued by the Board. 4. On or about June 1986, Respondent completed the Medical Service Specialist Training Course as an enlisted personnel at the United States Air Force’s Technical Training Center at Sheppard Air Force Base. Respondent was honorably discharged from the United States Air Force upon completion of her military commitment. 5. In August 1989, Respondent completed the Refresher Course for the Basic Emergency Technical State Certification at Mesa Community College. 6. In May 1992, Respondent was awarded a Certificate of Completion for the Practical Nurse Program at Clovis Community College in Clovis, New Mexico. 7. In May 1993, Respondent earned an Associate of Science Degree in Nursing from Clovis Community College. 8. On or about November 24, 1988, Respondent was arrested by the Arizona Department of Public Safety, case number [number redacted], for DUI. Respondent’s BAC was .116 at the time of her arrest. Arizona Department of Motor Vehicles records reflect that Respondent’s driver’s license was suspended for 90 days with a restricted license issued after 30 days. 9. On or about March 30, 2002, Respondent was involved in a two-car accident. Respondent was not responsible for the accident. She was arrested on charges of DUI and DUI over .08. Respondent’s BAC was .125. 10. On or about May 6, 2002, Respondent pled guilty to one charge of DUI. She was sentenced to pay a $650.00 fine, serve two days in jail and attend 36 hours of alcohol (“ETOH”) classes. Respondent’s driving license was also suspended. 11. On or about May 7, 2002, Respondent filed her renewal application with the Board. 12. In her renewal application, Respondent incorrectly answered “Yes” to question number 1, which reads: “Since your license was granted or your last renewal, whichever is lesser, have you been convicted, entered a plea of guilty, nolo contendre, no contest, or have you been sentenced, served time in jail or prison, or had probation or sentence deferred in any felony or undesignated offense?” Respondent should have answered “No” to that question. 13. Respondent appropriately answered “Yes” to question number 2, which reads: “Since your last renewal, have you had any drug or alcohol convictions?” 14. In response to her affirmative answer to question 2, Board staff interviewed Respondent on August 1, 2002 utilizing a Board approved First Time DUI and Within Previous (2) Years form. 15. During the interview Respondent incorrectly answered “No” to the following questions in question 3, which read: “Have you ever had any other DUI (OUI, DWI) or other drug or alcohol related arrests or conviction?...Have you ever had any other legal events related to substance use?” The use of the word “ever” in those questions is determined to be an inquiry beyond the two years stated in the form’s caption. Respondent failed to disclose her 1988 DUI arrest. In fact, she indicated that her 2002 DUI charges were her first. 16. The Board’s CANDO Program is a voluntary, confidential, non- disciplinary diversion program for chemically dependent nurses. 17. By letter dated June 7, 2002, the Board’s senior investigator, Jim Ball, advised Respondent about the Board’s CANDO Program. Respondent declined to enter the CANDO Program. 18. On October 17, 2002, Respondent was evaluated by Leonard W. Days, C.S.A.C., C.C. G.C., a Board approved psychologist, at Valley Hope Association. 19. Mr. Day made the following observations about Respondent: she has a family history of alcoholism; she has experienced an increase in tolerance, blackouts and preoccupation; and she is continuing to use alcohol. 20. Mr. Day recommended that Respondent participate in the 12 Step community through regular attendance at AA meetings and obtain and use a female sponsor. He also recommended that Respondent abstain from alcohol. 21. Respondent is determined to be alcohol dependent. 22. The Board subsequently offered Respondent a Consent Agreement, which provided for 36 months of probation subject to conditions. Respondent declined to enter into the Consent Agreement. 23. Respondent’s work history as a professional nurse reflects that she has consistently met her employers’ expectations. 24. The Board has a legitimate concern for the potential harm that may exist by Respondent’s use of alcohol. She has been cited twice for DUI, each time placing the public at risk of harm. Although there is no evidence that Respondent has consumed alcohol while working, or that she has worked under the influence of alcohol, there is a strong case for monitoring her for a reasonable period of time to assure that she can safely practice nursing. 25. Respondent presently works the night shift. Respondent has credibly established that a prohibition against her continuing to work the night shift as part of a probationary condition would result in an unreasonable financial burden to her. Such a restriction should not be imposed. 26. Respondent also works part-time at a registry. Respondent has credibly established that a prohibition against her continuing to work part- time at the registry would result in an unreasonable financial burden to her. Such a restriction should not be imposed.

CONCLUSIONS OF LAW

1. The Board has jurisdiction over the Respondent and the subject matter in this case. 2. The conduct and circumstanced described in the above Findings of Fact constitute unprofessional conduct by Respondent pursuant to A.R.S. § 32-1601(16)(d) (any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public). 3. The conduct and circumstance described in the above Findings of Fact constitute unprofessional conduct by Respondent pursuant to A.R.S. § 32-1601(16)(j) (violating a rule that is adopted by the board pursuant to this chapter), specifically A.A.C. R4-19-403(25) (practicing in any other manner which gives the Board reasonable cause to believe that the health of a patient or the public may be harmed). 4. The above described unprofessional conduct by Respondent are grounds for disciplinary action by the Board pursuant to A.R.S. §§ 32-1663 and 32-1664.

RECOMMENDED ORDER

In view of the foregoing, it is recommended commencing on the effective date of the entered Order in this matter that Respondent’s Professional Nurse License No. RN083582 be placed on probation for a period of 36 months, subject to terms and conditions of probation containing the following elements using the Board’s standard paragraphs to each section:

1. Stamping of License. 2. Rehabilitation. 3. Aftercare. 4. Nurse Recovery Group. 5. AA with female sponsor 6. Biological Fluid Testing one per month minimum. 7. Abstain from Alcohol. 8. Proof of Prescriptions. 9. Relapse Prevention Evaluation at 18 months. 10. Notification of Practice Settings. 11. Quarterly Performance Evaluations. 12. Change Job/Phone/Home. 13. No Out-of-State Practice. 14. Interview. 15. Release of Information. 16. Renewal of License. 17. Reevaluation. 18. Violation of Order. 19. Voluntary Revocation of License. 20. Obey All Laws. 21. Costs 22. Completion of Order. 23. For all evaluations Respondent will be required to undergo all recommendations of evaluator, including Mr. Day’s recommendations, and file quarterly reports unless otherwise noted. 24. Respondent shall be permitted to work the Night Shift. 25. Respondent shall be permitted to work Registry.

Done this day, July 20, 2004

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2004, to:

Joey Ridenour, RN, MN Executive Director State Board of Nursing ATTN: Vicky Driver 1651 E Morten, Ste. 210 Phoenix AZ 85020

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826