ALJDEC decisions subject to certification as final

14A-1402067-NUR · State Board of Nursing · 2014-08-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 15, 2014, with the record held open until July 31, 2014 APPEARANCES: No one appeared for Respondent; Elizabeth Campbell, Esq. for the State Board of Nursing ADMINISTRATIVE LAW JUDGE: Thomas Shedden _____________________________________________________________________ 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. Adryon Lorel Steel holds registered nurse license number RN158449. On May 16, 2014, the Board summarily suspended Ms. Steel’s license. 3. On June 9, 2014, the Board issued a Complaint and Notice of Hearing (Summary Suspension, Expedited Hearing) setting the above-captioned matter for hearing at 8:00 a.m. July 15, 2014 at the Office of Administrative Hearings in Phoenix, Arizona. 4. Ms. Steel did not appear at the scheduled time and the matter was convened in her absence at about 8:20 a.m. 5. The Board presented the testimony of Jan Kerrigan, manager of its CANDO program. 6. On December 19, 2013, Ms. Kerrigan received a telephone call from the University of Arizona Health Network. Soon after the call was initiated, Ms. Steel got on the phone and explained to Ms. Kerrigan that she had been sober for forty days and that she was planning to return to work, but she was concerned because she still had cravings for opiods. Ms. Steel also disclosed that she had a history of alcohol and heroin use. 7. Ms. Kerrigan and Ms. Steel met on December 20, 2013. At that meeting, Ms. Steel disclosed that she was (or had been) addicted to cocaine and that she had abused other drugs, including heroin. 8. Ms. Steel and Ms. Kerrigan discussed the CANDO program and Ms. Steel took paperwork and information about the CANDO program with the intention of discussing the program with friends or family. 9. On December 30, 2013, Ms. Steel signed a CANDO Program Stipulated Agreement (“Agreement”). Among other things, the Agreement required Ms. Steel to abstain from alcohol and drugs, to submit to random urine drug screens, to file “self-reports,” and to attend Alcoholics Anonymous or Narcotics Anonymous meetings twice a week. 10. On January 29, 2014, Ms. Steel reported that she had suffered a relapse that occurred when she drank alcohol on January 25, 2014. 11. On February 7, 2014, Ms. Steel and Ms. Kerrigan met. At that meeting, Ms. Steel disclosed that between January 29 and February 7, 2014, she had continued to use alcohol and that she had used cocaine and heroin. Previously, Ms. Steel’s heroin use had been by smoking the drug, but between January 29 and February 7, 2014 she used heroin intravenously. 12. On February 5, 2014, Ms. Steel underwent a urine drug screen that was positive for cocaine metabolite and morphine. Ms. Steel had not disclosed use of morphine, but she explained to Ms. Kerrigan that she did not know what was actually in the drugs she did use given the source of those drugs. 13. Ms. Steel was required to undergo a urine drug screen on February 20, 2014, but did not do so. As of the hearing date, Ms. Steel had not reported for any urine drug screens since February 5, 2014. 14. Ms. Steel had not provided to CANDO reports showing that she has attended the AA or NA meetings required under the terms of the Agreement. 15. Ms. Steel had provided to CANDO only one self-report, whereas under the terms of the Agreement she was also required to submit such self-reports in March and May 2014. 16. On March 11, 2014, Ms. Steel spoke to Ms. Kerrigan and explained that she could not afford to stay in the CANDO program and that she wanted to surrender her license. Ms. Kerrigan mailed to Ms. Steel the form required for a voluntary surrender, but Ms. Steel did not return that form to the Board. 17. March 11, 2014 was the last time Ms. Kerrigan spoke to Ms. Steel. Since that time, Ms. Kerrigan had left Ms. Steel some voicemail messages that were not returned, and certified mail sent to Ms. Steel has been returned to the Board. CONCLUSIONS OF LAW 1. The Board bears the burden of persuasion. Ariz. Rev. Stat. § 41- 1092.07(G)(2). 2. The standard of proof on all issues is that of a preponderance of the evidence. Ariz. Admin. Code § 2-19-119. 3. 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). 4. If the Board determines that a licensee has committed an act of unprofessional conduct, it may take disciplinary action. Ariz. Rev. Stat. §§ 32-1663(D) and 32-1664(N). 5. The preponderance of the evidence shows that Ms. Steel has engaged in conduct that is or might be dangerous to the public, which is unprofessional conduct in violation of Ariz. Rev. Stat. section 32-1601(22)(d). 6. The preponderance of the evidence shows that Ms. Steel has failed to comply with the Agreement, which is unprofessional conduct in violation of Ariz. Rev. Stat. section 32-1601(22)(i). 7. The preponderance of the evidence shows that Ms. Steel has used alcohol or drugs in manner that her judgment may be impaired and her nursing practice detrimentally affected, which is a violation of Ariz. Admin. Code section 4-19-403(17) and Ariz. Rev. Stat. section 32-1601(22)(d). 8. The preponderance of the evidence shows that Ms. Steel has obtained, possessed, and used illegal drugs, which is a violation of Ariz. Admin. Code section 4-19-403(18) and Ariz. Rev. Stat. section 32-1601(22)(d). 9. The preponderance of the evidence shows that Ms. Steel has repeatedly violated the Board’s statutes or rules, which is unprofessional conduct in violation of Ariz. Rev. Stat. sections 32-1601(22)(j) and (22)(g). 10. Considering the facts and circumstances of this matter, it is recommended that Ms. Steel’s license be revoked. RECOMMENDED ORDER IT IS ORDERED that Adryon Lorel Steel’s registered nurse license number RN158449 is revoked. 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 days from the date of that certification. Done this day, August 8, 2014.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director State Board of Nursing -----------------------

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