ALJDEC decisions subject to certification as final

11A-1007120-NUR · State Board of Nursing · 2011-08-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 14, 2011 APPEARANCES: The Arizona State Board of Nursing was represented by Assistant Attorney General Kim Zack. Alan William McMahan did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. The Arizona State Board of Nursing (“Board”) is the authority for licensing and regulating the practice of nursing in the State of Arizona. 2. Alan William McMahan (“Respondent”) is the holder of registered nurse license number RN120021 for the practice of nursing in Arizona. 3. The Board issued a Complaint and Notice of Hearing in Complaint No. 1007120 (“Complaint and Notice”) that alleged statutory and regulatory violations by Respondent. 4. The Board forwarded Complaint No. 1007120 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Board’s Complaint and Notice advised the parties of the time, date, and location of the formal hearing. The Complaint and Notice was sent to Respondent at his address of record with the Board. 6. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of Respondent or an attorney authorized to represent him. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 7. At the commencement of the hearing, counsel for the Board announced that the Complaint and Notice is amended as follows: paragraph 5g. delete the words “two tablets” and change it to “four tablets”; and paragraph 6. delete the last sentence that reads “Respondent documented that he was unable to access T.A.’s popliteal pulse (pulse behind the knee) due to the dressing/cast, however, nursing staff found patient T.A.’s popliteal pulse accessible and not obscured by a dressing.” 8. From on or about May 13, 2002, to on or about July 26, 2010, Respondent was employed at Banner Thunderbird Medical Center (“Banner”) in Phoenix, Arizona. 9. On July 31, 2010, Board staff received a letter dated July 29, 2010, from Sally Dimond, R.N., M.H.A., M.B.A., Banner’s Chief Nursing Officer. Ms. Dimond reported that Respondent demonstrated poor nursing practices as well as inaccurate and incomplete documentation and communication with other staff members. She also reported that on or about July 3, 2010, Respondent documented a physical assessment for patient T.A. that he allegedly did not perform. Respondent was terminated by Banner on July 26, 2010. 10. As a result of Ms. Dimond’s letter, the Board conducted an investigation of Respondent. Board staff reviewed Banner’s medical records and the Pyxis[1] reports. 11. On or about June 4, 2010, Respondent removed two tablets of Percocet, a narcotic pain medication, from the Pyxis for patient M.R., but he failed to document whether the medication was administered, wasted, or returned to the Pyxis. 12. On or about June 12, 2010, Respondent removed two tablets of Vicodin and 1mg of IV Dilaudid, both narcotic pain medications, from the Pyxis for patient D.C., but he failed to document whether the medications were administered, wasted, or returned to the Pyxis. 13. On or about June 12, 2010, and again on June 13, 2010, Respondent removed 1mg IV Dilaudid from the Pyxis for patient B.M., but he failed to document whether the medications were administered, wasted, or returned to the Pyxis. 14. On or about June 13, 2010, Respondent removed one tablet of Percocet from the Pyxis for patient M.N., but he failed to document whether the medication was administered, wasted, or returned to the Pyxis. 15. On or about June 22, 2010, Respondent removed one tablet of Vicodin from the Pyxis for patient L.A., but he failed to document whether the medication was administered, wasted, or returned to the Pyxis. 16. On or about June 26, 2010, and again on June 27, 2010, Respondent removed 4mg of Morphine Sulfate, a narcotic medication, from the Pyxis for patient A.C. On or about June 27, 2010, Respondent also removed 1mg of IV Dilaudid from the Pyxis for patient A.C. Respondent failed to document whether those medications were administered, wasted, or returned to the Pyxis. 17. On or about June 27, 2010, Respondent removed four tablets of Percocet from the Pyxis for patient R.Z., but he failed to document whether the medication was administered, wasted, or returned to the Pyxis. 18. On or about July 1, 2010, Respondent removed two tablets of Percocet from the Pyxis for patient M.W., but he failed to document whether the medication was administered, wasted, or returned to the Pyxis. 19. On or about July 1, 2010, Respondent documented a physical examination of patient T.A. without physically examining the patient. 20. On or about September 2, 2010, Board staff sent Respondent an Investigative Questionnaire with a request that he complete and return it within two weeks. Respondent failed to respond. 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) and A.A.C. R2-19-119(B), the Board has the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. A.A.C. R2-19-119(A). 3. The evidence of record established that Respondent committed unprofessional conduct in violation of A.R.S. § 32-1663(D) as defined in A.R.S. § 32-1601(18) (d) (effective October 14, 2009). 4. The evidence of record established that Respondent committed unprofessional conduct in violation of A.R.S. § 32-1663(D) as defined in A.R.S. § 32-1601(18) (j) (effective October 14, 2009), specifically A.A.C. R4-19-403(1), (7), (8), (25)(a), and (31) (effective February 2, 2009). RECOMMENDED ORDER Respondent’s Registered Nurse License No. RN120021 shall be revoked, pursuant to A.R.S. § 32-1663(E), on the effective date of the Order entered in Complaint No. 1007120. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be five (5) days from the date of that certification.

Done this day, August 3, 2011.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, FAAN, Executive Director State Board of Nursing ----------------------- [1] Pyxis is an automated medication dispensing system.

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