ALJDEC decisions subject to certification as final

07A-122206A-MRT · Medical Radiologic Technology Board of Examiners · 2007-06-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 13 2007. APPEARANCES: The Arizona Medical Radiologic Technology Board of Examiners was represented by Assistant Attorney General Keely Verstegen. Brenda Huff did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order:

FINDINGS OF FACT

1. The Arizona Medical Radiologic Technology Board of Examiners (“Board”) is the authority for regulating and certifying the practice of medical radiologic technology in the State of Arizona. 2. Brenda G. Huff (“Respondent”) is the holder of Certificate No. CRT- 2705 for the practice of radiologic technology in Arizona. 3. By letter dated December 18, 2006, The American Registry of Radiologic Technologists (“ARRT”) advised the Board that it had revoked Respondent’s certification. 4. The Board’s investigator, Sarah Penttinen, made a request to ARRT for information regarding its sanctioning of Respondent. 5. By letter dated December 22, 2006, ARRT staff responded to Ms. Penttinen’s request regarding Respondent’s ARRT Certificate No. 137817 and stated the following factual basis for the revocation:

Ms. Huff’s certification was revoked in September 2006 following her termination from employment after a positive drug screen for marijuana while on duty.

6. After receiving the December 22, 2006 letter via facsimile, Ms. Penttinen contacted Respondent to schedule a telephonic interview, which took place later that afternoon. During the interview, Respondent admitted to smoking marijuana but claimed she used it for pain management for a back injury. Also during the interview, Respondent offered to voluntarily surrender her certificate. 7. Ms. Penttinen then contacted Radiology Limited, which was Respondent’s prior employer who terminated her for the positive drug test. Radiology Limited sent Ms. Penttinen a UDS Result Form for the test results for Respondent, which showed that Respondent had tested positive for marijuana from a urine sample collected on May 1, 2006. 8. Ms. Penttinen sent Respondent a Voluntary Surrender document for her to sign, but Respondent failed to return an executed document. 9. On December 31, 2006, Respondent’s Certificate No. CRT-2705 expired. 10. The Board’s Executive Director, John Gray, issued a Complaint and Notice of Hearing, a copy of which was mailed to Respondent at her address of record with the Board. 11. The commencement of the formal hearing before the Office of Administrative Hearings, an independent agency, was delayed approximately 15 minutes to allow for the late arrival of Respondent or an attorney authorized to represent her. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence.

CONCLUSIONS OF LAW

1. The Board has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.R.S. § 41-1092.07(G)(2), the Board has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. Respondent violated the provisions of A.R.S. § 32-2821(A)(7) (unethical professional conduct), specifically A.R.S. § 32- 2801(17)(b). 4. Respondent violated the provisions of A.R.S. § 32-2821(A)(7) (unethical professional conduct), specifically A.R.S. § 32- 2801(17)(c). 5. Pursuant to A.R.S. § 32-2821, the Board has the authority to impose discipline upon Respondent for the above described violations.

RECOMMENDED ORDER

Respondent’s Certificate No. CRT-2705 shall be revoked on the effective date of the Order entered in this matter.

Done this day, June 18, 2007

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2007, to:

John Gray, Executive Director Medical Radiologic Technology Board of Examiners 4814 S. 40th St. Phoenix, Arizona 85040-2940

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

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