FINACT13A-1205053-NUR.pdf

13A-1205053-NUR · State Board of Nursing · 2014-04-02

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: March 28, 2014

RE: Shaundra Ward Docket No. 13A-1205053-NUR ______________________________________________________________________________

On March 28, 2014, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board deny Applicant’s application for Nursing Assistant Certification and dismiss the appeal.

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

IN THE MATTER OF DENIAL OF APPLICATION FOR NURSING ASSISTANT ORDER OF DENIAL CERTIFICATION FOR: AFTER HEARING

SHAUNDRA YVETTE WARD aka SHAUNDRA ORDER NO. 13A-1205053-NUR YVETTE CAMPBELL, APPLICANT On September 26, 2013, the Arizona State Board of Nursing (“Board”) considered the

application for certified nursing assistant certification of Shaundra Yvette Ward (“Applicant”). The

Board denied the application and on September 26, 2013, the Board issued Order of Denial No. 1205053. On October 23, 2013, Applicant requested a hearing on the Order of Denial, which was held on

January 7, 2014, before Administrative Law Judge (“ALJ”) Sondra J. Vanella at the Office of

Administrative Hearings, 1400 West Washington, Suite 101, Phoenix, Arizona 85007. Elizabeth A. Campbell, Assistant Attorney General, appeared on behalf of the State. Applicant appeared on her own behalf.

On February 5, 2014, the ALJ issued Findings of Fact, Conclusions of Law and a Recommended Decision and Order. On March 28, 2014, the Board met to consider the ALJ’s Recommended Decision and Order. Based on 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

1. On June 14, 2013, the Arizona State Board of Nursing (the "Board") issued a Notice of Public Hearing on Denial of Certification/Licensure setting the above captioned matter for hearing on January 7, 2014, at the Office of Administrative Hearings in Phoenix, Arizona.

2. Applicant Shaundra Ward appeared and testified on her own behalf. Assistant Attorney

General Elizabeth Campbell represented the Board. The Board presented the testimony of its senior investigator, Bonnie Richter. 3. On June 3, 2011, Ms. Ward applied for certification as a Nursing Assistant by

Endorsement and submitted an Application for Certified Nursing Assistant Certification by Endorsement ("Application") to the Board. See Exhibit 1. Based upon the information Ms. Ward provided to the Board during the investigative process, an investigation was initiated.

4. After conducting its investigation, on September 26, 2013, the Board voted unanimously

to deny Ms. Ward's Application for Certified Nursing Assistant Certification.1 See Exhibit 9. On September 26, 2013, the Board issued an Order of Denial to Ms. Ward. See Exhibit 10. Thereafter, Ms. Ward requested a hearing and this matter was referred to the Office of Administrative Hearings, an

independent State agency. See Exhibit 11.

The Investigation 5. Ms. Richter testified that on February 13, 2013, she interviewed Ms. Ward at the Board's office. Ms. Richter testified that Ms. Ward admitted that she had been arrested for welfare fraud in 1999

in Riverside County, California. During the interview, Ms. Ward admitted that she had been receiving aid from the county while working and failed to report that she had become employed. Ms. Ward was arrested on a felony charge of Fraud to Obtain Aid, but on September 9, 1999, in the Riverside County

Municipal Criminal Court Case Number PEF003134, Ms. Ward pled guilty and was convicted of

Fraudulently Obtain Aid, a misdemeanor. See Exhibit 2. The charge of Perjury, a felony, was dismissed. Id. Ms. Ward was sentenced to complete 36 months of probation. Id. 6. On February 13, 2013, during the same interview with Ms. Richter, Ms. Ward admitted

that she had been arrested in Las Vegas, Nevada on or about April 15, 2007, and charged with felony

Theft, for theft of merchandise from Mervyn's valued at over $800.00. Ms. Ward admitted to stealing the items. In a written statement to the Board, Ms. Ward stated that "upon checking out at the cashier, cashier ring [sic] up some of my items not all to where I paid for some items, and the rest I did not pay

for." See Exhibit 4 at 8. 7. On October 25, 2007, in the Clark County District Court of Nevada, in Case Number C23564, Ms. Ward pled guilty and was convicted of an amended charge of Attempt Theft, a gross

misdemeanor. See Exhibit 3 at 4. Ms. Ward was sentenced to six months in the Clark County Detention

Center, payment restitution in the amount of $1,160.65 to Mervyn's, and completion of probation for a indeterminate period of time not to exceed two years, which included completion of 16 hours of community service and parenting classes. Id. at 5. On October 20, 2009, in the Eighth Judicial District

Court of Nevada, Ms. Ward was "dishonorably discharged" from probation. Id. at 6.

8. On May 16, 2013, the Nevada State Board of Nursing ("Nevada Board") denied Ms. Ward's renewal of her CNA certification for violations of NRS 632.320(1 )(g) unprofessional conduct, NAC 632.415 unprofessional conduct, and NAC 632.890(26) violation of state/federal nursing

law/regulation. See Exhibit 5. Ms. Ward had been randomly selected by the Nevada Board for audit of her records and was asked for documentation of employment hours and evidence of continuing training. Id. at 3. On January 23, 2013, the Nevada Board received a telephone call from Ms. Ward, stating that

she had documentation of employment hours, but was unable to obtain continuing training from her

1One Board member was absent.

employers for the audit timeframe. Id. at 2. On February 4, 2013, Ms. Ward submitted to the Nevada Board documentation of hours of employment as a CNA under the direction of a licensed nurse in 2009. Id. However, Ms. Ward's audit timeframe was September 4, 2010 to September 4, 2012. Id. The

Nevada Board informed Ms. Ward that her hours of employment could not be accepted because they

were outside of her audit timeframe. Id. Ms. Ward's CNA certificate has not been reinstated in Nevada. 9. On the Application, Ms. Ward listed Creekside Hospice in Las Vegas, Nevada as her current employer from August 2009. See Exhibit 1 at 2. On February 25, 2013, Board staff received a

letter dated February 20, 2013, from Creekside Hospice Human Resources Manager, Terri Cope, in response to a subpoena. The letter states in pertinent part that "Ms. Ward is and was not an employee of Creekside Hospice but was actually a family member of one of our patients." See Exhibit 6. However,

at hearing Ms. Ward submitted into evidence a letter dated October 2, 2013, on Creekside Hospice

letterhead and signed by Terri Cope, Human Resources Manager, that states "[t]his letter is to verify that Shaundra Ward was an employee of Creekside Hospice as a Certified Nurses Assistant from 4/14/08 to 7/13/09." See Exhibit A. The October 2, 2013 letter does not contain an explanation as to

why its contents are in direct contrast to the February 20, 2013 letter.

10. On the Application, Ms. Ward stated that she had been employed at Hospice of Las Vegas from July 2009 until December 2009. See Exhibit 1 at 3. On Ms. Ward's July 7, 2009 employment application with Hospice of Las Vegas, Ms. Ward answered "No" to the question, "Have

you ever been convicted of a crime?" See Exhibit 7 at 4. Ms. Ward failed to disclose her September 9, 1999 conviction for Fraudulently Obtain Aid, a misdemeanor in Riverside County Court, and a conviction on October 25, 2007, for Attempt Theft, a gross misdemeanor in the Clark County District

Court of Nevada. See Exhibits 2 and 3.

11. Ms. Ward acknowledged her convictions and explained that at the time of those convictions she "was not thinking as an adult." Ms. Ward expressed remorse and testified that she "regrets the mistakes" she made and that she is not a "bad" person, she is "not a liar," that she is a hard

worker and loves her job. Ms. Ward testified that her desire is to own a "home health assisted living"

facility. CONCLUSIONS OF LAW 1. The Board is the state agency authorized to regulate and control the licensing of nursing

professionals in the State of Arizona. Arizona Revised Statutes ("AR.S.") § 32-1601 et seq. and Arizona Administrative Code ("AAC.") R4-19-1 01 et seq. 2. Ms. Ward bears the burden of proof to establish that the Board improperly denied her

Application. AR.S. § 41-1 092.07(G)(1).

3. The standard of proof on all issues in this matter is that of a preponderance of the evidence. AAC. R2-19-119. 4. A preponderance of the evidence is "[e]vidence which is of greater weight or more

convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole

shows that the fact sought to be proved is more probable than not." BLACK'S LAW DICTIONARY 1182 (6th ed. 1990). 5. Pursuant to AR.S. § 32-1663(A), "[i]f an applicant for licensure or certification commits

an act of unprofessional conduct, the board, after an investigation, may deny the application or take other disciplinary action." also A . § 646. "In its denial order, the board shall immediately invalidate any temporary license or certificate issued to the applicant." AR.S. § 32-1663(B).

6. The Board established, as set forth in the above delineated Findings of Fact, that Ms. Ward committed unprofessional conduct as defined by AR.S. § 32- 1601(18)(b), (d), (f), (h), and(j) (effective September 30, 2009);2 and AC.C. R4-19-814(13) (effective January 31, 2009).3

7. The allegation of unprofessional conduct defined by AR.S. § 32-1601 (18)(a) and AAC.

R4-19-814(25)4 was due to the information obtained by the Board establishing that Ms. Ward was not employed by Creekside Hospice as stated in Ms. Ward's Application. However, during closing argument, the Board acknowledged that there was conflicting evidence regarding Ms. Ward's

employment at Creekside Hospice due to the October 2, 2013 letter that she obtained from Creekside Hospice's Human Resources Manager. See Exhibit A Based on the evidence presented, the Administrative Law Judge does not find that Ms. Ward committed unprofessional conduct defined by

AR.S. § 32-1601 (18)(a) and AC.C. R4-19-814(25).

8. At hearing, the Board withdrew its alleged violation by Ms. Ward of AAC. R4-19- 814(6).

2 AR.S. § 32-1601(18)(b), (d), (f), (h), and (j) (2009) define "unprofessional conduct" to include,

respectively, (b) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission. (d) Any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public. (f) Having a license, certificate, permit or registration to practice a health care profession denied, suspended, conditioned, limited or revoked in another jurisdiction and not reinstated by that jurisdiction. (h) Committing an act that deceives, defrauds or harms the public. (j) Violating this chapter or a rule that is adopted by the board pursuant to this chapter. 3 AAC. R4-19-814(13) further defines "unprofessional conduct" to include: 13. Removing, without authorization, any money, property, or personal possessions, or requesting payment for services not performed from a patient, resident, employer, co-worker, or member of the public. 4 AR.S. § 32-1601(18)(a) (2009) defines "unprofessional conduct" to include:

(a) Committing fraud or deceit in obtaining, attempting to obtain or renewing a license or a certificate issued pursuant to this chapter. AAC. R4-19-814(25) further defines "unprofessional conduct" to include: 25. Making a written false or inaccurate statement to the Board or the Board's designee during the course of an investigation.

9. Because Ms. Ward has committed acts of unprofessional conduct, the Board has authority to deny her application. AR.S. § 32-1663. 10. An applicant whose request for a license is denied may reapply five years after the date

of the Order of Denial. AAC. R4-19-815.

11. Ms. Ward has not met the burden of persuasion to show that the Board improperly denied her application or that the Board erred when it determined that she could not reapply for five years.

12. Ms. Ward's appeal should be dismissed. ORDER NOW THEREFORE, IT IS ORDERED that the Board’s denial of Shaundra Yvette Ward to

practice as a certified nursing assistant in Arizona is affirmed and upheld.

RIGHT TO PETITION FOR REHEARING OR REVIEW Pursuant to A.R.S. § 41-1092.09, Applicant 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 Applicant fails to file a motion for rehearing or review

within 30 days after service of this decision, Applicant 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.

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 28th day of March, 2014, by Certified Mail No.70113500 0001 5219 0384 and First Class Mail to: Shaundra Yvette Ward 2342 W Main St #2030 Mesa, AZ 85201 COPY mailed this 28th day of March, 2014, by First Class Mail to: Elizabeth A. Campbell Assistant Attorney General 1275 W Washington Phoenix AZ 85007 COPY sent electronic mail this 28th day of March, 2014, to:

[email redacted] Case Management Office of Administrative Hearings 1400 W Washington, Suite 101 Phoenix AZ 85007

By: Trina Smith

ARIZONA STATE BOARD OF NURSING 4747 North 7th Street Ste 200 Phoenix AZ 85014-3655 602-771-7800

IN THE MATTER OF THE REGISTERED NURSE FINDINGS OF FACT, LICENSE NO. RN154305 CONCLUSIONS OF LAW ISSUED TO: ANDORDER NO. 12A-1106010-NUR CAROLINE ANNE BUTLER, RESPONDENT

A hearing was held before Diane Mihalsky, Administrative Law Judge (“ALJ”), at 1400 West Washington Suite 101, Phoenix Arizona, on January 22, 2014. Sarah E. Selzer, Assistant Attorney General, appeared on behalf of the State. Caroline Anne Butler (“Respondent”) was not present and

was not represented by counsel.

On February 5, 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 Arizona State Board of Nursing ("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 holders of nursing

licenses for violations of the Nurse Practice Act, A.R.S. §§ 32-1601 through 32-1667. 2. The Board issued Registered Nurse License No. RN154305 to Caroline Anne Butler ("Respondent") to allow her to practice nursing in the State of Arizona.

3. On or about June 13, 2011, the Board received a complaint from BrightStar Healthcare in Phoenix, Arizona ("BrightStar"), alleging that on or about June 1, 2011, Respondent was observed to be under the influence of alcohol after driving a BrightStar patient to the St. Luke's Wound Care Clinic

in Phoenix, Arizona. The Board opened an investigation into BrightStar's complaint. The nurse practice

consultant assigned to investigate the complaint discovered evidence of other events that indicated that Respondent might have a substance abuse problem relating to alcohol. 4. On or about September 19, 2012, the Board voted unanimously to offer Respondent a

Consent Agreement for probation with stipulations including a requirement for Respondent to undergo

a substance abuse evaluation. The vote contained a provision that if the Consent Agreement were not signed within 30 days, the Board would issue a Notice of Charges. After Respondent did not sign the Consent Agreement, the Board issued a Notice of Charges and referred the matter to the Office of Administrative Hearings ("the OAH"), an independent state agency, for an evidentiary hearing.

5. On or about October 1 0, 2013, the Board issued a Complaint and Notice of Hearing,

summarizing the results of the Board's investigation and based on those results, charging Respondent with having committed unprofessional conduct as defined by A.R.S. § 32-1601 (18)(d), (g), (h), and (j) (effective September 9, 2009). With respect to the charged violation of A.R.S. § 32-1601 (18)(d), the

Board charged Respondent with having committed unprofessional conduct as further defined by A.A.C.

R4-19-403(9) and (17) (effective January 31, 2009). 6. The Complaint and Notice of Hearing scheduled a hearing in the OAH on November 20, 2013. The Board sent a copy of the October 10, 2013 Complaint and Notice of Hearing to Respondent

at her address of record.

7. On November 19, 2013, the Board's attorney requested that the Administrative Law Judge ("ALJ") continue the hearing on the merits for at least three weeks to a status conference because

"the parties continue to work on a settlement of this matter but it appears that no resolution will be reached before the currently scheduled hearing date." 8. On November 19, 2013, the ALJ issued an order continuing the hearing on the merits to

a status conference on December 18, 2013. The order provided that "[t]he parties may appear

telephonically at the status conference by providing a local number at which they may be reached to the [OAH]." Staff at the OAH sent a copy of the November 19, 2013 order to Respondent at her address of record.

9. Respondent did not provide a telephone number to the OAH or personally appear for the

status conference on December 18, 201 Staff the OAH called Respondent's telephone number of record for the status conference. Although a woman answered the telephone, she refused to identify herself or participate in the status conference and hung up. The Board's attorney requested that the ALJ set a hearing on the merits.

10. On December 19, 2013, the ALJ issued an order setting a hearing on the merits on

January 22, 2014, at 1:00 p.m. Staff at the OAH transmitted the December 19, 2013 order to Respondent at her address of record. 11. A hearing was held on January 22, 2014. The Board appeared through its attorney,

submitted five exhibits, and presented the testimony of its Senior Investigator Diva Galan.

12. Respondent did not request to appear telephonically at the hearing. Although the start of the further hearing was delayed fifteen minutes to allow Respondent additional travel time, she did not contact the OAH to request that the hearing be further delayed and did not appear personally or through

an attorney. Consequently, Respondent did not present any evidence to defend her registered nurse

license. HEARING EVIDENCE

13. From in or about October 2010, to June 2011, Respondent was employed as a per diem registered nurse with BrightStar. 14. On or about June 1, 2011, in violation of BrightStar's Transportation Policy, 1

Respondent drove a BrightStar patient in her private vehicle to St. Luke's Wound Care Center in

Phoenix, Arizona (liSt. Luke's). When Respondent arrived, St. Luke's employee, Tawnya Grover, RN, believed that she appeared to be intoxicated because she smelled like alcohol and her gait was unsteady.2 When Ms. Grover inquired about Respondent's apparent intoxication, Respondent informed

Ms. Grover that she had not had anything to drink since midnight.

15. Ms. Grover called Respondent's supervisor at BrightStar, who instructed her to call the authorities. Ms. Grover called the police, who took away Respondent's keys and would not let her drive. Respondent called her husband to take her home and St. Luke's personnel arranged for a cab to take the patient home.

16. At approximately 3:30 p.m. on June 1, 2011, BrightStar placed Respondent on

administrative leave pending its investigation of the incident. BrightStar later terminated Respondent's employment. 17. On or about August 16, 2012, during a personal interview with Board staff, Respondent

admitted to drinking "two margaritas between 6:00PM and midnight" on the day prior to the June 1,

2011 incident.3 18. From in or about June 2009, to October 2010, Respondent was employed as a registered nurse with Alarys Home Health, Phoenix, Arizona ("Alarys"). On or about October 11, 2010,

Respondent e-mailed her resignation to Alarys, effective October 12, 2010, and informing Alarys that

See the Board's Exhibit 2 at 3. See the Board's Exhibit 1 at 7. The Board's Exhibit 3 at 6.

she would perform "no patient visits henceforth.,4 On October 11,2010, Respondent's supervisor, Cindy Yount, RN, stated that because Respondent had "a significant number of patients that we must hand off to other personnel.,,5 Because Respondent's "lack of notification [did] not give [Alarys] ample time to

cover [Respondent's] patients to make sure that they are provided good patient care," Ms. Yount

considered Respondent's precipitate resignation to be unprofessional conduct.6 19. From on or about December 5, 2011, to December 30, 2011, Respondent was employed as a registry nurse with AB Staffing in Phoenix, Arizona ("AB") , and placed at Navajo Lands Nursing

Home in Chinle, Arizona ("Navajo Lands"). On or about December 30, 2011, Respondent was

terminated from AB when Navajo Lands cancelled Respondent's placement due to a car accident. 20. In an interview with Board staff on August 16, 2012, Respondent admitted that she had been involved in a vehicular accident on December 29, 2011, when she drove off the road between Phoenix and Chinle. Respondent stated that the Holbrook Fire Department was at the scene and that she

had been drinking the night before the accident.7

CONCLUSIONS OF LAW

1. This matter lies within the Board's jurisdiction under AR.S. § 32-1606(B)(10). 2. The December 19, 2013 order setting a continued hearing on the merits that the OAH mailed to Complainant at her address of record was reasonable and she is deemed to have received notice of the hearing.8

The Board's Exhibit 4 at 6. The Board's Exhibit 4 at 5. 1d. See the Board's Exhibit 3 at 7. See AR.S. §§ 41-1092.04; 41-1092.05(0).

3. The Board bears the burden of proof to establish cause to penalize Respondent's registered nurse's license by a preponderance of the evidence.9 "A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.10

4. The Board established that on or about June 1, 2011, while employed by BrightStar, Ms.

Butler drove a BrightStar patient to St. Luke's in her personal vehicle, in violation of BrightStar's policy. Therefore, the Board established that Respondent committed unprofessional conduct as defined by AR.S. § 32-1601 (18)(d), 11 specifically AAC. R4-19-403(9).12

5. The Board established that Respondent was impaired on June 1, 2011, when she

transported the BrightStar patient to St. Luke's in her personal vehicle, and on December 29, 2011, when she drove her vehicle off the road en route to her employment as a nurse. The Board therefore has established that Respondent committed unprofessional conduct as defined by AR.S. § 32-1601 (18)(d), specifically AAC. R4-19-403(17),13 and AR.S. § 32-1601 (18)(g), (h), and (j)).14

6. The Board established that on October 11, 2010, Respondent gave her employer Alarys

notice of her immediate resignation, without regard to whether her employer would be able to make arrangements to ensure that Respondent's former patients would receive uninterrupted care. Therefore,

See AR.S. § 41-1092.07(G)(2); AAC. R2-19-119(A) and (B)(1); see also Vazanno v. Superior Court, Ariz. 369, 372, 249 P.2d 837 (1952). MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960). 11 AR.S. § 32-1601(18)(d) (effective September 30,2009) defines unprofessional conduct to include

"[a]ny conduct or practice that is or might be harmful or dangerous to the health of a patient or the public." AA C. R4-19-403(9) (effective January 31, 2009) further defines "unprofessional conduct" for purposes of AR.S. § 32-1601(18)(d) to include "[flailing to take appropriate action to safeguard a patient's welfare or follow policies and procedures of the nurse's employer designed to safeguard the patient .... " AA C. R4-19-403(17) (effective January 31, 2009) further defines "unprofessional conduct" for purposes of

AR.S. § 32-1601(18)(d) to include "[a] pattern of using or being under the influence of alcohol, drugs, or a similar substance to the extent that judgment may be impaired and nursing practice detrimentally affected, or while on duty in any health care facility ... or other work location .... " AR.S. § 32-1601(18)(g), (h), and (j) (effective September 30,2009) define unprofessional conduct to

include the following: (g) Wilfully or repeatedly violating a provision of this chapter or a rule adopted pursuant to this chapter. (h) Committing an act that deceives, defrauds or harms the public. (j) Violating this chapter or a rule that is adopted by the board pursuant to this chapter.

the Board established that Respondent committed unprofessional conduct as defined by AR.S. § 32- 1601 (18)(d), specifically AAC. R4-19-403(9), and AR.S. § 32-1601(18)(g) and (j). 7. Respondent's failure to appear at the hearing indicates that at this time, she cannot be

regulated. Because the Board established that Respondent committed unprofessional conduct as defined

by statute and regulation, it established cause to revoke Ms. Butler's license under AR.S. §§ 32- 1663(D) and 32-1664(N).15

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 REVOKES registered nurse license number

RN154305 issued to Caroline Ann Butler.

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.

These statutes provide that if the Board finds that the licensee has committed an act of unprofessional conduct, the Board may revoke, suspend, or otherwise discipline the license.

Respondent may apply for reinstatement of the said license pursuant to A.A.C. R4-19-404 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 28th day of March, 2014, by Certified Mail No. [account number redacted] 0315 and First Class Mail to: Caroline Anne Butler 8417 N 56TH DR Glendale, AZ 85302

COPIES of the foregoing mailed this 28th day of March, 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

By: Trina Smith