FINACT15A-1410118-NUR.pdf

15A-1410118-NUR · State Board of Nursing · 2019-01-25

Doug Ducey Joey Ridenour Governor Executive Director

Arizona State Board of Nursing 1740 West Adams Street, Suite 2000 Phoenix. AZ 85007 Phone (602) 771-7800 Fax (602) 771-7888 E-Mail: [email redacted] Home Page: http://www.azbn.gov

TO: Case Management Office of Administrative Hearings

FROM: Trina Smith Legal Assistant Hearing Department

DATE: January 25, 2019

RE: Sarah Jo Ray Docket No. 15A-1410118-NUR ______________________________________________________________________________

On January 25, 2019, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Revoke Registered Nurse License No. RN185244, issued to Sarah Jo Ray.

The Board adopted the Findings of Fact, Conclusions of Law and Recommended Order in its entirety. ARIZONA STATE BOARD OF NURSING 1740 West Adams Street, Suite 2000 Phoenix AZ 85007 602-771-7800

IN THE MATTER OF REGISTERED NURSE LICENSE NO. RN185244 FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER SARAH JO RAY. NO. 15A-1410118-NUR AKA: Sarah Jo Johnson

RESPONDENT.

A hearing was held before Thomas Shedden, Administrative Law Judge (“ALJ”), at 1740 West Adams Street, Lower Level, Phoenix Arizona, on December 5, 2018. Elizabeth Campbell, Assistant Attorney General, appeared on behalf of the State. Sarah Jo Ray (“Respondent”) was not present and

was not represented by counsel.

On January 10, 2019, the ALJ issued Findings of Fact, Conclusions of Law and Recommendations. On January 25, 2019, 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 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. Respondent Sarah Jo Ray holds registered nurse license number RN185244 first issued

by the Board in April 2014.

3. On October 17, 2018, the Board issued a Complaint and Notice of Hearing setting the above-captioned matter for hearing at 1:30 p.m. December 5, 2018, at the Office of Administrative Hearings in Phoenix, Arizona.

4. Ms. Ray did not appear at the scheduled hearing time and the matter was convened in her absence at about 1:46 p.m. 5. The Board presented the testimony of its associate director Valerie Smith, RN.

6. On October 14, 2014, the Board received from Oro Valley Hospital a complaint

showing that Ms. Ray had tested positive for marijuana in a pre-employment drug screen and that she was found to be not eligible for hire. The sample was collected on October 6, 2014. 7. In March 2008, the Oklahoma Board of Nursing placed Ms. Ray’s Oklahoma LPN

license on probation for a positive test for marijuana that occurred in a pre-employment drug screen

that occurred on October 18, 2007. 8. Oklahoma required Ms. Ray to submit to periodic bodily fluids testing, to attend counseling, and to file reports with the Oklahoma Board. 9. In January 2009, Oklahoma approved Ms. Ray’s licensure as a registered nurse, and

required her to continue bodily fluids testing, counseling, and reporting.

10. Ms. Ray completed the terms of probation for her Oklahoma license in February 2012. 11. The Board requested that Ms. Ray’s license be revoked. 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 § R2-19-119. 3. A preponderance of the evidence is:

The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free

the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other. BLACK’S LAW DICTIONARY 1373 (10th ed. 2014).

4. The preponderance of the evidence shows that Ms. Ray has obtained and used marijuana

which is a violation of ARIZ. ADMIN. CODE section 4-19-403(18) and unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(26)(d) (conduct that is, or might be, harmful or dangerous to the health of a patient or the public) and (26)(j)(violation of a statute or rule). 1

5. The Board also alleges that Ms. Ray has violated ARIZ. ADMIN. CODE section 4-19-

403(17)(engaging in a pattern of using or being under the influence of alcohol or drugs to the extent that judgment may be impaired and nursing practice detrimentally affected). The evidence of record shows that on two occasions Ms. Ray tested positive for marijuana, with those tests being seven years apart. This evidence is insufficient to show a pattern and the Board has not proven this allegation by a

preponderance of the evidence.

6. Because Ms. Ray has committed unprofessional conduct, the Board has authority to discipline her registered nurse license. ARIZ. REV. STAT. §§ 32-1663 and 32-1664. 7. Considering the facts and circumstances of this matter, particularly Ms. Ray’s failure to

appear at the hearing, it is recommended that Ms. Ray’s registered nurse license number RN185244 be

revoked. 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(O), the Board REVOKES registered nurse license number

RN185244 issued to SARAH JO RAY.

The current versions of the applicable statutes and rules are cited.

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. Service is complete five days after the date that this decision is mailed. A.R.S. § 41-1092.09(C).

The motion for rehearing or review shall be made to the attention of Hearing Department,

Arizona State Board of Nursing, 1740 West Adams Street, Suite 2000, Phoenix AZ 85007, 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 the Hearing Department 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. DATED this 25th day of January, 2019. ARIZONA STATE BOARD OF NURSING SEAL

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

COPIES mailed this 25th day of January, 2019, by First Class Mail and Certified Mail Certificate No. [account number redacted] 9744 to:

Sarah Jo Ray 4698 West Calatrava Lane Tucson, AZ 85742 COPIES of the foregoing mailed this 25th day of January, 2019, to: Case Management Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix AZ 85007 Elizabeth Campbell Assistant Attorney General Arizona Attorney General’s Office 2005 North Central Avenue Phoenix, Arizona 85004

By: T. Smith