FINACT13A-1204046-NUR-res.pdf

13A-1204046-NUR-res · State Board of Nursing · 2014-04-03

Janice K. Brewer Joey Ridenour Governor Executive Director

Arizona State Board of Nursing 4747 North 7th Street, Suite 200 Phoenix. AZ 85014-3655 Phone (602) 771-7800 Fax (602) 771-7884 E-Mail: [email redacted] Home Page: http://www.nursing.state.az.us

TO: Case Management Office of Administrative Hearings

FROM: Trina Smith Legal Assistant Hearing Department

DATE: April 2, 2014

RE: Meredith Joann Abid Docket No. 13A-1204046-NUR ______________________________________________________________________________

On March 28, 2014, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board place Registered Nurse License Number RN147896 issued to Meredith Joann Abdi on a one-year Probation.

The Board adopted the Findings of Fact, Conclusions of Law and Recommended Order in its entirety. ARIZONA STATE BOARD OF NURSING 4747 North 7th Street Ste 200 Phoenix AZ 85014-3655 602-771-7800

IN THE MATTER OF REGISTERED NURSE LICENSE NO. RN147896 FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER NO. 13A-1204046-NUR MEREDITH JOANN ABDI, RESPONDENT.

A hearing was held before M. Douglas, Administrative Law Judge (“ALJ”), at 1400 West Washington Suite 101, Phoenix Arizona, on February 11, 2014. Sarah E. Selzer, Assistant Attorney General, appeared on behalf of the State. Meredith Joann Abdi (“Respondent”) appeared in person on

her own behalf.

On March 7, 2014, the ALJ issued Findings of Fact, Conclusions of Law and Recommendations. On March 28, 2014, the Arizona State Board of Nursing met to consider the ALJ’s recommendations. Based upon the ALJ’s recommendations and the administrative record in this matter, the Board makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT BACKGROUND AND PROCEDURE 1. The 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. The Board also has the

authority to impose disciplinary sanctions against the holders of nursing licenses for violations of the

Nurse Practice Act, A.R.S. §§ 32-1601 through 32-1667. 2. Ms. Abdi holds registered nurse license number RN147896 (hereinafter “the license”).

3. On or about April 12, 2012, the Board received an anonymous complaint alleging that Ms. Abdi was boasting about her continued alcohol and drug use. Based upon this complaint, the Board initiated an investigation into the complaint.

4. On or about August 28, 2012, the Board received another complaint about Ms. Abdi

from Nancy Adamson, Chief Nursing Officer at Banner Estrella Medical Center (hereinafter “Banner”), who reported that Ms. Abdi was suspected by a co-worker of being impaired while on duty as an RN and that Ms. Abdi failed to submit to a for-cause drug screen. As a result, Ms. Abdi’s employment with

Banner had been terminated. The Board initiated an investigation of this complaint.

5. On June 21, 2012, the Board mailed Ms. Abdi a questionnaire with instructions to provide a written explanation regarding the first complaint within two weeks. On June 25, 2012, this mailing was returned as “forward time exp[ired] return to sender.” The label showed a forwarding address.

6. On July 10, 2012, the Board mailed Ms. Abdi a second questionnaire with instructions

to provide a written explanation regarding the first complaint by August 8, 2012. This mailing was sent to the forwarding address listed on the original mailing that had been returned. On July 16, 2012, this mailing was returned to the Board marked “return to sender attempted--not known unable to forward.”

7. In September 2012, Ms. Abdi was charged with marijuana possession in Maricopa

County Superior Court case number CR2012-150070. In October 2012, prosecution of Ms. Abdi was suspended to allow Ms. Abdi the opportunity to participate in a drug diversion program. Ms. Abdi failed to comply with the terms of the drug diversion program and in March 2013, prosecution was

resumed. In June 2013, a bench warrant was issued for Ms. Abdi for her failure to attend a mandatory

pretrial conference. On or about December 10, 2013, Ms. Abdi was found guilty after a trial by the Court of possession or use of marijuana, a class 1 misdemeanor, and placed on unsupervised probation

for a period of one year, fined $750.00, and required to complete 24 hours of community service. Ms. Abdi failed to notify the Board of her arrest for marijuana possession in a timely manner. 8. In January 2013, Ms. Abdi contacted the Board and requested an administrative hearing.

9. An administrative hearing was held on February 11, 2014. The Board submitted eight

exhibits and presented the testimony of Board staff, Misty Esh, RN, and Mary Hubenthal, RN. Ms. Abdi testified on her own behalf. HEARING EVIDENCE

Testimony of Board Staff

10. The Board assigned the two complaints to Board Staff (hereinafter “Investigator”) for investigation. Investigator testified that she is the senior investigator for the Board. Investigator stated that she was not able to interview Ms. Abdi because she was never able to contact Ms. Abdi. Investigator testified that Ms. Abdi failed to notify the Board of her arrest for possession of marijuana

in a timely manner. Investigator stated that written notification of any change of address was required

to be filed by Ms. Abdi within ten days. 11. Investigator testified that she had reviewed Ms. Abdi’s employment records. Investigator stated Ms. Abdi’s employment records indicated a pattern of substance abuse and related

issues that were of great concern to the Board. Investigator testified that she saw no documentation in

Ms. Abdi’s records that indicated that Ms. Abdi had completed substance abuse counseling. 12. Investigator testified that Ms. Abdi’s employment records and Ms. Abdi’s failures to maintain contact with the Board and to notify the Board of Ms. Abdi’s criminal conviction showed that

Ms. Abdi was not willing to be regulated. Investigator opined that there was a serious risk of non-

compliance if the Board were to impose anything short of a license revocation of Ms. Abdi’s RN license.

13. Investigator acknowledged that the two complaints at issue were the only complaints that had been received by the Board against Ms. Abdi’s RN license. 14. Investigator’s testimony is found to be credible.

Testimony of Misty Esh, RN

15. Misty Esh (hereinafter “Ms. Esh”) testified that she had worked on the progressive care (“PCU”) floor with Ms. Abdi at Banner. Ms. Esh stated that she believed Ms. Abdi to be a good nurse but that she did not like to work with Ms. Abdi because there was so much drama. Ms. Esh testified

that working with Ms. Abdi was very stressful.

16. Ms. Esh testified that a patient’s family member complained to her about Ms. Abdi’s behavior. Ms. Esh stated that the patient’s family member said that Ms. Abdi’s eyes looked funny and that Ms. Abdi was talking funny. 17. Ms. Esh testified as follows:

I didn't honestly know what to say. Like, I didn't know what to reply back, so I just said maybe it was the braces was maybe why she sounded funny. And then from that point -- because it was about a two-week period that we worked kind of close together on the same floor. So I just started watching her a little closer and, honestly, struggled inside because she seemed to be either going 200 miles an hour, talking, or like nodding off when you would talk to her. Like, she would kind of fall asleep while you were talking to her, eyes rolling. And after a couple of days of being completely stressed out at home, thinking about the situation -- because, again, I was a new nurse and she was an experienced nurse, and not wanting to cause problems because I don't really like drama -- I went to Mary and asked Mary if she could just take a look at her and see if she thought the same thing.1

18. Ms. Esh’s testimony is found to be credible.

/// /// 2/11/14 Hearing Record (hereinafter “H.R.”) at page 26, ll 3-20.

Testimony of Mary Hubenthal, RN 19. Mary Hubenthal, RN (hereinafter “Ms. Hubenthal”) testified that she is the Clinical Operations Program Director for Banner. Ms. Hubenthal stated that she had previously been the

Director of Critical and Progressive Care for Banner. Ms. Hubenthal testified that she was Ms. Abdi’s

supervisor when Ms. Abdi worked at Banner. 20. Ms. Hubenthal testified that Ms. Esh notified her about the patient’s family member’s complaint and about Ms. Esh’s concerns about Ms. Abdi’s behavior. Ms. Hubenthal stated that Banner

then began an investigation of the complaint. Ms. Hubenthal testified that Banner requested that Ms.

Abdi participate in a drug screen. 21. Ms. Hubenthal testified that Ms. Abdi refused to participate in the drug screen. Ms. Hubenthal stated that “[Ms. Abdi] went to get her purse and never returned.”2 Ms. Hubenthal testified that the complaint against Ms. Abdi was treated just like a complaint against any other employee at

Banner.

22. Ms. Hubenthal’s testimony is found to be credible. Testimony of Meredith JoAnn Abdi, RN 23. Ms. Abdi testified that she experienced problems at Banner because she had filed a

complaint against a physician working at Banner. Ms. Abdi stated that she felt that people at Banner

were prejudiced against her due to the complaint that she filed against a doctor. Ms. Abdi testified that she also had problems with an abusive husband at home and that she would occasionally miss work because of bruises.

24. Ms. Abdi acknowledged that she had refused to participate in a drug screen at Banner.

Ms. Abdi testified as follows: They asked me to submit to a urine drug screen. The only one H.R. at page 37, ll 6.

time I did deny submitting -- this is probably the second time denying submitting to it. I felt like I was being sought after by management, by the whole Banner Estrella team because of what I had done and I felt discriminated. I got up, I grabbed my stuff and I left, never to return again, because at that point I had just had enough.3 25. Enclosed with the anonymous complaint were photographs of Ms. Abdi in which she purportedly was drunk or using drugs. Ms. Abdi denied that she was boasting about drug and alcohol

use in the photographs in the first complaint. Ms. Abdi testified as follows:

Those were taken in Portland, Oregon, when I was out there visiting my parents for Thanksgiving. The first one I do remember taking. We had been drinking some wine. I was hanging out with my family, but, again, I wasn't working the next day. I was on vacation for two weeks. The second one appears to be a rolled up cigarette. That's what my ex loved to smoke. He liked the Bugles - - the Bugler, and he was always rolling those. That's what he smoked. He was from Somalia, Africa, where they don't sell regular Marlboro. So he either wrapped them in a leaf or he would wrap them in the Bugler papers that they came with.4

26. Ms. Abdi acknowledged that she had been convicted of a misdemeanor count of

possession of marijuana. Ms. Abdi minimized her conviction and asserted that she was not guilty of the charge. Ms. Abdi stated as follows: Right. Because I have my caregiver card. And in Arizona, I am legal to possess. And being that I am legal to possess, I was pretty much not guilty, is what I claim. I went back and changed my plea to not guilty from being guilty, because I had the possession of it. I was guilty of the possession, but I didn't know that I would be able to use my caregiver card. And the judge ultimately ended up not letting me use my card.5

27. Ms. Abdi acknowledged that she had received “letters of allegations” from the Board. Ms. Abdi denied that she received a request for further information from the Board. Ms. Abdi testified

H.R. at page 44, ll 4-11. H.R. at page 52, ll23-25, page 53, ll 1-11. H.R. at page 54, ll 12-19.

that she was willing to be monitored by the Board and that she was willing to submit to random drug screens. Ms. Abdi stated that she would willingly comply with “what ever the Board wanted” in order to keep her nursing license.

CONCLUSIONS OF LAW

1. The 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, 32-1664, 41-1092.11(B), and 41-1092.07(F)(5). 2. The Board also has the authority pursuant to A.R.S. §§ 32-1663 and 32-1664, to impose

disciplinary sanctions against the holders of nursing licenses for violations of the Nurse Practice Act.

3. The Board bears the burden of proof and must establish cause to penalize Respondent’s privilege to practice nursing in Arizona by a preponderance of the evidence. See A.R.S. § 41- 1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1); see also Vazanno v. Superior Court, 74 ARIZ. 369, 372, 249 P.2d 837 (1952).

4. “A preponderance of the evidence is such proof as convinces the trier of fact that the

contention is more probably true than not.” MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § (1960). 5. The Board established that the Respondent, Meredith JoAnn Abdi, violated the

provisions of A.R.S. § 32-1663(A) as defined in A.R.S. § 32-1601(22)(d) (Any conduct or practice this

is or might be harmful or dangerous to the health of a patient or the public). 6. The Board established that Respondent, Meredith JoAnn Abdi, violated the provisions of A.A.C. R4-19-403(9) (Failing to follow policies and procedures of the nurse’s employer designed to

safeguard the patient).

7. The Board established that Respondent, Meredith JoAnn Abdi, violated the provisions of A.A.C. R4-19-403(25)(a) (Failing to furnish in writing a full and complete explanation of a matter reported pursuant to A.R.S. § 32-1664).

8. The Board established that Respondent, Meredith JoAnn Abdi, violated the provisions

of A.A.C. R4-19-403(31) (Practicing in any manner that gives the Board reasonable cause to believe the health of a patient or the public may be harmed). 9. The Board established that Respondent, Meredith JoAnn Abdi, violated the provisions

of A.R.S. § 32-3208 (Licensee must notify the Board in writing within 10 days after being charged with

a felony or a misdemeanor involving conduct that may affect patient safety) and A.A.C. R4-19-403(28) (Failing to notify the Board in writing within 10 days after being charged with a felony or a misdemeanor involving conduct that may affect patient safety as required under A.R.S. § 32-3208. 10. The Board established that Respondent, Meredith JoAnn Abdi, violated the provisions

of A.R.S. § 32-1601(22)(j) (Violating a rule that is adopted by the Board pursuant to this chapter).

11. In light of the risk of the harm to which Respondent Meredith JoAnn Abdi’s violations of the Nurse Practice Act exposed her patients and the public, the Board has established cause to impose a disciplinary sanction against Meredith JoAnn Abdi’s privilege to practice nursing in the State

of Arizona under A.R.S. §§ 32-1663(D)6 and 1664(N).7

/// /// ///

A.R.S. § 32-1663(D) provides that if the Board determines a licensee has committed an act of unprofessional

conduct, the Board may revoke or suspend the license, impose a civil penalty, censure the license, place the licensee on probation, or accept the voluntary surrender of the license. A.R.S. § 32-1664(N) provides that if the Board finds that the licensee has committed an act of unprofessional conduct, the Board may revoke or suspend the license.

ORDER In view of the Findings of Fact and Conclusions of Law, the Board issues the following Order: Pursuant to A.R.S. § 32-1664(N), the Board places Respondent’s Registered Nurse License No.

RN147896 on a disciplinary probation for a minimum of twelve (12) months, subject to terms and

conditions imposed by the Board, with the following conditions:

TERMS OF PROBATION

1. Stamping of License

Within seven days of the effective date of this Order, Respondent shall submit her license to be stamped “PROBATION.” While this Order is in effect, if the Board issues any certificates or licenses authorized by statute, except a nursing assistant certificate, such certificate or license shall also be stamped “probation.” Respondent is not eligible for a multistate “Compact”

license.

2. Drug Testing Respondent has received a copy of the Board’s policy entitled “Guidelines For Non- Compliance With Drug Testing – Monitoring And CANDO Departments” dated May 21, 2013

(“Policy”), and agrees to abide by the terms and conditions set forth in the Policy.

Within seven (7) days of the effective date of this Order, Respondent shall enroll in a program that meets Board approved criteria for random drug testing. Drug testing may include testing of urine, hair follicle, nail, saliva or blood, as determined by the Board or the Board’s designee.

For random urine drug testing, Respondent shall submit a urine specimen a minimum of

once per month for duration of the Order, and may be required to submit a specimen more frequently, as determined by the Board or its designee. Respondent shall provide written notification to

the drug testing laboratory and the Board’s designee of her unavailability to test before the unavailability occurs. Within seven (7) days of a missed drug test due to an unexpected illness, Respondent

must provide the Board or the Board’s designee with written documentation from a medical provider

stating that the medical provider personally examined Respondent on the day of the requested drug test and that Respondent was not physically able to report to the laboratory for drug testing. If Respondent tests positive for an unauthorized drug; misses two or more drug tests;

fails to submit a specimen suitable for drug testing (substituted or adulterated specimen); fails to submit

to a drug test that has been requested by the Board, the Board’s designee or any healthcare employer; or submits three or more dilute urines the Board or Board’s designee may direct Respondent to cease practicing pending further determination by the Board or the Board’s designee; and Respondent shall not return to practice until receiving written authorization from the Board or the Board’s designee. A

complaint will be issued against participant’s license or certificate and the investigative findings will be

submitted to the Board for the Board’s review and decision. The Board’s designee may notify Respondent’s employer that Applicant/Respondent is required to cease practice. If the Board or Board designee directs Respondent to cease practice as stated in the

above paragraph, Respondent may request in writing, that the matter be placed on the Board agenda for

the Board to review and determine if the requirement to cease practice should remain in place pending the completion of the investigation and final review by the Board. If the written request is received (10) ten or less business days before a regularly scheduled Board meeting, the request will NOT be

heard at that meeting, but will be heard at the NEXT regularly scheduled Board meeting.

3. Abstain from Alcohol Use Respondent shall abstain completely from the personal use of alcoholic beverages.

4. Abstain From Unauthorized Drug Use/Proof of Prescription Respondent shall abstain completely from the personal use or possession of controlled substances, as defined in the State Controlled Substances Act, and dangerous drugs as defined by law,

or any drugs requiring a prescription.

Orders prohibiting Respondent from personal use or possession of controlled substances or dangerous drugs do not apply to medications lawfully prescribed to Respondent for a bona fide illness or condition by a medical provider. During the duration of this Order, Respondent shall

select one medical provider to coordinate her health care needs and to be aware of all

prescriptions utilized by Respondent. Respondent shall immediately submit to that provider a copy of this Consent Agreement and Order to include the Findings of Fact and Conclusions of Law and shall execute all release of information form(s) as required by the Board or its designee. The medical provider shall, within one week of the effective date of the consent agreement, inform the Board, in

writing, of knowledge of Respondent’s Order and provide a list of medications prescribed for

Respondent. DURING THE DURATION OF THE CONSENT AGREEMENT, RESPONDENT SHALL CAUSE ALL PROVIDERS TO NOTIFY THE BOARD OF ANY ADDITIONAL MEDICATIONS ORDERED BY THE PROVIDER. THE NOTIFICATION SHALL BE MADE IN

WRITING WITHIN ONE WEEK OF THE PROVIDER’S ISSUANCE OF THE PRESCRIPTION.

If Respondent has a lawful prescription for a narcotic or mood-altering drug, Respondent shall cause her prescribing provider to submit monthly reports to the Board by the 30th day of each month regarding the continued need for the prescribed narcotic or mood-altering medications.

The Board or its designee may, at any time, request the provider to document the continued need for

prescribed medications. Respondent shall keep a written record of medications taken, including over- the-counter drugs, and produce such record upon request by the Board or its designee.

5. Notification of Practice Settings Any setting in which Respondent accepts employment, or any setting in which Respondent is currently employed, which requires RN licensure, shall be provided with a copy of the

entire Order on or before the date of hire or within three days of the effective date of the Order,

whichever comes first. Within three (3) calendar days of Respondent’s date of hire, or within three days of the effective date of the Order, Respondent shall cause her immediate supervisor to inform the Board, in writing and on employer letterhead, acknowledgment of the supervisor’s receipt of a copy of

this Consent Agreement and Order and the employer’s ability to comply with the conditions of

probation. In the event Respondent is attending a nursing program, Respondent shall provide a copy of the entire Consent Agreement and Order to the Program Director. Respondent shall cause the Program Director to inform the Board, in writing and on school letterhead, acknowledgment of the program’s receipt of a copy of the Consent Agreement and Order and the program’s ability to comply with the

conditions of probation during clinical experiences.

6. Monthly Performance Evaluations Within thirty (30) days of the effective date of this Order, and monthly thereafter, Respondent shall cause every employer Respondent has worked for to submit to the Board, in writing,

monthly performance evaluations on the Board-approved form. In the event Respondent is not

employed in nursing or attending school during any quarter or portion thereof, Respondent shall submit to the Board, in writing, a self-report describing other employment or activities on the Board-approved form.

Receipt of confirmation of employment disciplinary action, including written

counseling(s), suspension, termination or resignation in lieu of termination from a place of employment, any of which pertains to improper patient care, unsafe practice, inappropriate medication

removal or administration, sub-standard documentation, or impairment on duty, positive drug test showing evidence of any drug other than an authorized drug, and/or refusal to submit to an employer requested drug screen/testing, shall be investigated by Board staff and reviewed and substantiated by

the Board’s designee. If so investigated, reviewed and substantiated, the employment disciplinary

action shall be considered as noncompliance with the terms of the Order. Failure to provide employer evaluations or if not working in nursing, self-reports, within seven days of the reporting date is non-compliance with this Order and is not subject to further review.

7. Practice Under Direct Supervision

Respondent shall practice as a registered nurse or while working in a student nurse capacity only under the direct supervision of a registered nurse in good standing with the Board. Direct supervision is defined as having a registered nurse present on the same unit with the Respondent whenever Respondent is practicing as a registered nurse. The supervising nurse shall have read this

Consent Agreement and Order to include the Findings of Fact and Conclusions of Law, and shall

provide input on Respondent’s employer performance evaluations to the Board. The supervising nurse shall be primarily one person, who may periodically delegate to other qualified personnel, who shall also have read this Consent Agreement and Order to include Findings of Fact, Conclusions of Law. In

the event that the assigned supervising nurse is no longer responsible for the supervision required by

this paragraph, Respondent shall cause her new supervising nurse to inform the Board, in writing and on employer letterhead, acknowledgment of the new supervisor’s receipt of a copy of this Consent Agreement and Order to include the Findings of Fact and Conclusions of Law and the new supervising

nurse’s agreement to comply with the conditions of probation within ten days of assignment of a new

supervising nurse. ///

8. Acceptable Hours of Work Respondent shall work only the day or evening shift. Evening shift is defined as a shift that ends prior to midnight. Within a 14-day period Respondent shall not work more than 84 scheduled hours.

Respondent may work three 12-hour shifts in one seven day period and four 12-hour

shifts in the other seven-day period, but Respondent may not work more than 3 consecutive 12-hour shifts during this probationary period. Respondent shall not work 2 consecutive 8 hour shifts within a hour period or be scheduled to work 16 hours within a 24 hour period.

9. Work Prohibited

Respondent may not work for a nurse’s registry, home health, traveling nurse agency, any other temporary employing agencies, float pool, or position that requires on-call status. 10. Out-Of-State Practice/Residence

Before any out-of-state practice or residence can be credited toward fulfillment of these

terms and conditions, it must first be approved by the Board prior to leaving the state. If Respondent fails to receive such approval before leaving the state, none of the time spent out of state will be credited to the fulfillment of the terms and conditions of this Order. 11. Release of Information Forms

Respondent shall sign all release of information forms as required by the Board or its

designee and return them to the Board within 10 days of the Board’s written request. If Respondent fails to execute the releases, her license shall be reviewed by the Board for consideration of possible further discipline on Respondent's license.

12. Interview with the Board or its Designee

Respondent shall appear in person or if residing out of state telephonically for interviews with the Board or its designee upon request at various intervals and with reasonable notice.

13. Renewal of License In the event Respondent’s registered nurse license is scheduled to expire while this Order is in effect, Respondent shall apply for renewal of the license, pay the applicable fee, and

otherwise maintain qualification to practice nursing in Arizona.

14. Change of Employment/Personal Address/Telephone Number Respondent shall notify the Board, in writing, within 7 days of any change in nursing employment, personal address or telephone number. Changes in nursing employment include the

acceptance, resignation or termination or employment.

15. Obey All Laws Respondent shall obey all laws/rules governing the practice of nursing in this state and obey all federal, state and local criminal laws. Respondent shall report to the Board, within 10 days, any misdemeanor or felony arrest or conviction.

16. Costs

Respondent shall bear all costs of complying with this Order. 17. Violation of Probation If Respondent is noncompliant with this Order in any respect, the Board or its designee

may notify Respondent’s employer of the non-compliance. Additionally, the Board may revoke

probation and take further disciplinary action for noncompliance with this Order after affording Respondent notice and the opportunity to be heard. If a complaint or petition to revoke probation is filed against Respondent during probation, the Board shall have continuing jurisdiction until the matter

is final, and the period of probation shall be extended until the matter is final.

/// ///

18. Voluntary Surrender of License Respondent may, at any time this Order is in effect, voluntarily request surrender of her license.

19. Completion of Probation

Respondent is not eligible for early termination of this Order. Upon successful completion of the terms of probation, Respondent shall request in writing formal review by the Board, and after formal review by the Board, Respondent’s nursing license may be fully restored by the

appropriate Board action if compliance with this Order has been demonstrated.

RIGHT TO PETITION FOR REHEARING OR REVIEW Pursuant to A.R.S. § 41-1092.09, Respondent may file, in writing, a motion for rehearing or review within 30 days after service of this decision with the Arizona State Board of Nursing. The motion for rehearing or review shall be made to the attention of Trina Smith, Arizona State

Board of Nursing, 4747 North 7th Street Ste 200, Phoenix AZ 85014-3655, and must set forth

legally sufficient reasons for granting a rehearing. A.A.C. R4-19-608. For answers to questions regarding a rehearing, contact Trina Smith at (602) 771-7844. Pursuant to A.R.S. § 41-1092.09(B), if Respondent fails to file a motion for rehearing or review

within 30 days after service of this decision, Respondent shall be prohibited from seeking judicial

review of this decision. This decision is effective upon expiration of the time for filing a request for rehearing or review, or upon denial of such request, whichever is later, as mandated in A.A.C. R4-19-609.

Respondent may apply for reinstatement of the said license pursuant to A.A.C. R4-19-404 after

a period of five years. Respondent may apply for reinstatement of said certificate pursuant to A.A.C. R4-19-815 after a period of five years

DATED this 28th day of March, 2014. ARIZONA STATE BOARD OF NURSING SEAL

Joey Ridenour, R.N., M.N., F.A.A.N Executive Director

COPIES mailed this 2nd day of April 2014, by Certified Mail No. [account number redacted] 0421 and First Class Mail to:

Meredith Joann Abdi 6560 SE Mabel Ave Milwaukie, OR 97267 COPIES of the foregoing mailed this 2nd day of April 2014, to: Case Management Office of Administrative Hearings 1400 W Washington Ste 101 Phoenix AZ 85007

Sarah E. Selzer Assistant Attorney General 1275 W Washington LES Section Phoenix AZ 85007