FINACT15A-1502020-NUR.pdf

15A-1502020-NUR · State Board of Nursing · 2015-07-31

Doug Ducey 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: July 28, 2015

RE: Jerry Baron Docket No. 15A-1502020-NUR ______________________________________________________________________________

On July 24, 2015, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board revoke certified nursing assistant certificate number CNA1000030733 issued to Jerry Baron.

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 CERTIFIED NURSING ASSISTANT CERTIFICATE NO. FINDINGS OF FACT, CNA1000030733 CONCLUSIONS OF LAW ISSUED TO: AND ORDER NO. 15A-1502020-NUR JERRY BARON, RESPONDENT. A hearing was held before M. Douglas, Administrative Law Judge (“ALJ”), at 1400 West Washington Suite 101, Phoenix Arizona, on May 11, 2015. Sunita Krishna, Assistant Attorney

General, appeared on behalf of the State. Jerry Baron (“Respondent”) was not present and was not

represented by counsel. On June 5, 2015, the ALJ issued Findings of Fact, Conclusions of Law and Recommendations. On July 24, 2015, 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. On April 6, 2015, the Board issued a Complaint and Notice of Hearing/Summary

Suspension Expedited Hearing, setting the above-captioned matter for hearing on May 11, 2015, at 8:00 a.m. at the Office of Administrative Hearings in Phoenix, Arizona. 2. The hearing was being conducted to determine whether grounds existed to take

disciplinary action, including suspension or revocation, against Mr. Baron’s Certified Nursing

Certificate No. CNA1000030733. 3. Mr. Baron failed to attend the scheduled hearing.

4. 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.

5. The Board issued Certified Nursing Assistant Certificate No. CNA1000030733 to Mr. Baron to allow him to practice nursing in the State of Arizona. 6. On or about July 9, 2013, according to Gilbert, Arizona, Police Department Report No.

13-[number redacted], Mr. Baron and his then 20-year-old daughter engaged in a verbal argument that

escalated into a physical assault. Mr. Baron told Gilbert Police that his daughter made a statement that caused him to react. Mr. Baron acknowledged that he grabbed his daughter by her shoulder/neck and spanked her buttocks.1 On or about July 23, 2013, Mr. Baron was charged with Assault/Domestic Violence and

Disorderly Conduct/Domestic Violence, Class 1 Misdemeanors, in Gilbert Municipal Court Case No.

2013-CT-0012763. Mr. Baron failed to report this charge to the Board within ten (10) days as he is required to do. 8. On or about October 2, 2013, Mr. Baron pled guilty to the misdemeanor charge of

Disorderly Conduct/Domestic Violence and the judgment of guilt was deferred. On or about June 20,

2014, Mr. Baron’s misdemeanor charge was dismissed after he successfully completed counseling and satisfied his financial obligations to the court. 9. On or about February 13, 2015, a Certified Nursing Assistant (hereinafter “CNA”)

coworker of Mr. Baron at Reflections Hospice (hereinafter “Reflections”) reported to Reflections staff

that sometime around the end of 2011, and the beginning of 2012, Mr. Baron said he was hurting, grabbed his penis and said, “What do you think this is?” The coworker was offended by Mr. Baron’s See Exhibit 2 (Gilbert and Mesa Police Department Records).

conduct and reported the incident to the CNA manger. Mr. Baron’s coworker considered Mr. Baron’s behavior to constitute sexual harassment.2 10. On or about February 12, 2015, a second CNA coworker of Mr. Baron at Jones Family

Care Home (hereinafter “Jones”) in Mesa, Arizona, reported to Reflections staff that she and Mr. Baron

were working with a patient at Jones when she noticed that Mr. Baron appeared to be protecting his side. The second CNA asked if Mr. Baron had a colostomy bag. Mr. Baron laughed and said that he was “blessed.” Mr. Baron then raised his shirt and the second CNA coworker observed the outline of

Mr. Baron’s penis. After this incident, the second CNA coworker noticed that Mr. Baron would

frequently come into her office when she was alone and tuck his shirt into his scrub pants to expose the outline of his penis.3 11. On or about February 13, 2015, a third CNA coworker was interviewed by Reflections staff after she reported allegations of inappropriate conduct by Mr. Baron. The third CNA coworker

reported that Mr. Baron had grabbed his penis in front of her. The third CNA coworker stated that Mr.

Baron made his penis very noticeable to everybody and anybody. The third CNA coworker stated that Mr. Baron grabbed his penis on the outside of his clothes after being hit by a bed and that Mr. Baron tucks his shirt in or lifts his shirt to tie his pants in an effort to display his penis through his clothing.

The third CNA coworker also reported that on or about February 11, 2015, Mr. Baron jokingly told her

that a patient (identified as patient “B”, a 61-year-old blind female patient) grabbed his penis instead of grabbing his leg or the bed; Mr. Baron said “it” calms the patient down.4 12. On or about February 13, 2015, a fourth CNA coworker reported to Reflections staff that

in or around January, 2015, Mr. Baron took her hand and forced her to touch his penis. The fourth CNA

See Exhibit 1 (Records from Reflections). See Exhibit 1 (Records from Reflections). See Exhibit 1 (Records from Reflections).

coworker also reported that Mr. Baron made several sexually suggestive comments to her. The fourth CNA coworker said that Mr. Baron told her not to say anything about his behavior to Reflections staff.5 13. On or about February 13, 2015, the fourth CNA coworker reported to Reflections staff

that approximately four weeks prior (sometime in January 2015), she observed that while Mr. Baron

was providing patient care, he took the hand of a patient (identified as patient “A,” an 86-year-old female patient) and hold the patient’s hand on his penis while he was bathing the patient. The fourth CNA coworker reported that Mr. Baron said that “this calms the patient while he is giving her personal

care.”6

14. On or about February 19, 2015, Board staff mailed an Investigative Questionnaire to Mr. Baron with instructions to provide a complete written explanation of the matter and specific court and police records regarding each of his arrests, citations or charges upon receipt of the letter but no later than February 27, 2015.7

15. On or about March 2, 2015, Mr. Baron answered “No” to the question, “Do you have

any previous arrests/convictions?” Mr. Baron failed to disclose his 2013 misdemeanor arrest and charge for Disorderly Conduct in Gilbert Municipal Court Case No. 2013-CT-0012763.8 16. On April 6, 2015, the Board issued a Complaint and Notice of Hearing/Summary

Suspension Expedited Hearing, alleging that cause existed to discipline Mr. Baron’s CNA certificate

under A.R.S. § 32-1601(16)(b) (Committing a misdemeanor involving moral turpitude), A.R.S. § 32- 1601(18)(d) (Any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public), A.R.S. § 32-1601(22)(d) (conduct or practice that is or might be harmful to the health of

a patient or the public), A.R.S. § 32-1601(22)(g) (Willfully or repeatedly violating a provision of this

See Exhibit 1 (Records from Reflections). See Exhibit 1 (Records from Reflections). See Exhibit 4 (CNA Investigative Questionnaire). See Exhibit 4 (CNA Investigative Questionnaire).

chapter or rule adopted pursuant to this chapter), A.R.S. § 32-1601(22)(h) (committing an act that deceives, defrauds or harms the public), A.R.S. § 32-1601(22)(j) (violating a rule that is adopted by the Board).9 The Complaint and Notice of Hearing also charged that Mr. Baron’s conduct constituted a

conduct or practice that is or might be harmful or dangerous to the public as further defined in A.A.C.

R4-19-814(1) (Failing to maintain professional boundaries or engaging in a dual relationship with a patient, resident or any member of the patient’s or resident’s family), A.A.C R4-19-814(2) (Engaging in sexual conduct with a patient, resident, or any member of the patient’s or resident’s family who does

not have a preexisting relationship with the certificate holder, or any conduct while on duty or in the

presence of a patient or resident that a reasonable person would interpret as sexual), A.A.C. R4-19- 814(9) (Violating the rights of a patient), A.A.C. R4-19-814(11) (neglecting or abusing a patient or resident physically, verbally, emotionally, or financially), A.A.C. R4-19-814(21) (Threatening, harassing, or exploiting an individual), A.A.C. R4-19-814(22) (Using violent or abusive behavior in

any work setting), A.A.C. R4-19-814(27) (If an applicant or certified nursing assistant is charged with a

felony or a misdemeanor involving conduct that may affect patient safety, failing to notify the Board in writing within 10 days of being charged under A.R.S. § 32-3208), A.A.C. R4-19-814(27) (making a false or inaccurate statement to the Board or the Board’s designee during the course of an

investigation), A.A.C. R4-19-814(29) (Practicing in any other manner that gives the Board reasonable

cause to believe the health of a patient or the public may be harmed) and a violation of A.R.S. §32- 3208(A) (A health professional who has been charged with a misdemeanor involving conduct that may affect patient safety must notify the health professional’s regulatory board in writing within ten

The various subsections of A.R.S. § 32-1601(16) were effective May 9, 2002. The various subsections of A.R.S. § 32-1601(18) were effective September 30, 2009. The various subsections of A.R.S. § 32- 1601(22) were effective August 2, 2012. Except for the renumbering, the provisions of each enumerated subsection were unchanged.

working days after the charge is filed), and A.R.S. § 32-3208(D) (A health professional who does not comply with the notification requirement of this section commits an act of unprofessional conduct). 17. A hearing was held on May 11, 2015. The Board submitted five exhibits and presented the

testimony of five witnesses, Jill Boyles, Reanna Navarro, Janika Fenn, Diann Denk, and Board

Investigator Katrina Alberty. Mr. Baron failed to appear. HEARING EVIDENCE 18. Katrina Alberty (hereinafter “Ms. Alberty”) testified that she is a Senior Investigator for

the Board. Ms. Alberty stated that she performed the Board’s investigation of the Complaint against

Mr. Baron. Ms. Alberty said that she previously has been a Lieutenant with the City of Glendale Police Department. 19. Ms. Alberty testified that the Board received a Complaint from Reflections against Mr. Baron alleging that the Respondent had sexually harassed four employees and caused two vulnerable

adult patients to touch his penis.

20. Ms. Alberty testified that Reflections conducted its own internal investigation of the complaints against Mr. Baron. Ms. Alberty said that Mr. Baron was terminated from Reflections for sexual harassment and patient abuse that was substantiated by six witness and multiple other sources.

21 Ms. Alberty testified that she obtained Mr. Baron’s police records from the City of

Gilbert, Arizona and the City of Mesa, Arizona. Ms. Alberty stated that she interviewed Mr. Baron and that he acknowledged that on or about July 23, 2013, he was charged with Assault/Domestic Violence and Disorderly Conduct/Domestic Violence, Class 1 Misdemeanors, in Gilbert Municipal Court Case

No. 2013-CT-0012763 and that he failed to report this charge to the Board within ten (10) days as he is

required to do.

22. Ms. Alberty testified that Mr. Baron is currently under criminal investigation by the Mesa Police Department for allegations of sexual abuse at Reflections. Ms. Alberty stated that she also found that on or about November 2, 1990, the Mesa Police Department conducted an investigation of

Mr. Baron for allegedly exposing himself to a neighbor. Ms. Alberty said that during her interview with

Mr. Baron, he stated that he wished there were men in the room so that he could pull his pants down and “show her.” Ms. Alberty said that she told Mr. Baron that he would be arrested if he committed such an act.

23. Ms. Alberty’s testimony is found to be credible.

24. Jill Boyle, CNA (hereinafter “Ms. Boyle”) testified that she worked with Mr. Baron from 2012, through 2015. Ms. Boyle stated that one day as she and Mr. Baron were leaving the group home, he said he was hurting, grabbed his exposed penis, and said, “What do you think this is?” Ms. Boyle answered that she did not know and got in her car and left. Ms. Boyle said that she thought that

Mr. Baron’s action was disgusting and that she was greatly offended.

25. Ms. Boyle’s testimony is found to be credible. 26. Reanna Navarro, CNA (hereinafter “Ms. Navarro”) testified that she had worked with Mr. Baron for approximately five years. Ms. Navarro stated that most of the patients for whom she and

Mr. Baron cared were elderly patients suffering from Alzheimer’s and dementia. Ms. Navarro said that

she and Mr. Baron were working with a patient when she noticed that Mr. Baron appeared to be protecting his side. She asked if Mr. Baron had a colostomy bag. Ms. Navarro said that Mr. Baron laughed and said that he was “blessed.” Mr. Baron then raised his shirt Ms. Navarro observed the

outline of Mr. Baron’s penis. Ms. Navarro said that she “kind of freaked out” and said “Okay, I didn’t

need to see that. I’m so sorry that I even asked. Let’s just drop it.”

27. Ms. Navarro testified that after this incident, Mr. Baron would frequently come into her office when she was alone and tuck his shirt into his scrub pants to expose the outline of his penis. Ms. Navarro stated that she felt that it was sexual harassment.

28. Ms. Navarro’s testimony is found to be credible.

29. Janika Fenn, CNA (hereinafter “Ms. Fenn”) testified that she had worked with Mr. Baron from approximately 2012, through 2015. Ms. Fenn stated that generally she and Mr. Baron cared for elderly patients suffering from Alzheimer’s and dementia. Ms. Fenn said that one day, Mr. Baron

grabbed his penis on the outside of his clothes after being hit by a bed. Ms. Fenn said that Mr. Baron

tucked his shirt in or lifted his shirt to tie his pants in an effort to display his penis through his clothing. Ms. Fenn said that Mr. Baron told her that a patient grabbed his penis instead of grabbing his leg or the bed and that having a patient hold his penis calms the patient down. 30. Ms. Fenn’s testimony is found to be credible.

31. Diann Denk, CNA (hereinafter “Ms. Denk”) testified that she worked with Mr. Baron

from approximately 2012, through 2015. Ms. Denk stated that when she was working with Mr. Baron in the beginning of January 2015, talking with him about their schedules for patients for the next day, Mr. Baron grabbed her hand and put it on his penis. Ms. Denk stated that when she tried to remove her

hand from Mr. Baron’s penis he bruised the “whole top of her hand.” Ms. Denk said that Mr. Baron

told her that his penis was large and that she would like it. Ms. Denk said that Mr. Baron asked if she had a lot of hair in her private area. 32. Ms. Denk testified that while working with Mr. Baron, she observed him taking the hand

of an elderly blind female patient and holding the patient’s hand on his penis while he was bathing the

patient. Ms. Denk stated that Mr. Baron said that holding his penis calms patients. Ms. Denk said that

Mr. Baron warned her not to tell anyone about his actions. Ms. Denk said that Mr. Baron was disgusting and that she was afraid of him.

CONCLUSIONS OF LAW 1. This matter lies within the Board’s jurisdiction under A.R.S. § 32-1606(A)(8). 2. The Board bears the burden of proof and must establish cause to penalize Respondent’s

certified nursing assistant certificate by a preponderance of the evidence.10

3. “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).

4. A preponderance of the evidence is “evidence which is of greater weight or more

convincing than 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 1120 (8th ed. 2004).

5. A preponderance of the evidence supports a finding that on or about July 23, 2013, Mr.

Baron was charged with Assault/Domestic Violence and Disorderly Conduct/Domestic Violence, Class Misdemeanors, in Gilbert Municipal Court Case No. 2013-CT-0012763. Mr. Baron failed to report this charge to the Board within ten (10) days as he is required to do. On or about October 2, 2013, Mr. Baron pled guilty to the misdemeanor charge of Disorderly Conduct/Domestic Violence and the

judgment of guilt was deferred. This Tribunal concludes that Mr. Baron violated the charged provision

of A.R.S. § 32-1601(16)(b) (Committing a misdemeanor involving moral turpitude) and A.A.C. R4-19- 814(27) (If an applicant or certified nursing assistant is charged with a felony or a misdemeanor

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, Ariz. 369, 372, 249 P.2d 837 (1952).

involving conduct that may affect patient safety, failing to notify the Board in writing within 10 days of being charged under A.R.S. § 32-3208). 6. A preponderance of the evidence presented supported a finding that on or about

February 19, 2015, Board staff mailed an Investigative Questionnaire to Mr. Baron with instructions to

provide a complete written explanation of the matter and specific court and police record regarding each of his arrests, citations or charges upon receipt of the letter but no later than February 27, 2015. Mr. Baron answered “No” to the question that asked, “Do you have any previous arrests/convictions?”

Mr. Baron failed to disclose his 2013 misdemeanor arrest and charge for Disorderly Conduct in Gilbert

Municipal Court Case No. 2013-CT-0012763. This Tribunal concludes that Mr. Baron violated the charged provision of A.A.C. R4-19-814(27) (making a false or inaccurate statement to the Board or the Board’s designee during the course of an investigation). 7. Ms. Boyle credibly testified that as she and the Mr. Baron were leaving the group home

they were working at, he said he was hurting, grabbed his exposed penis and asked Ms. Boyle, “What

do you think this is?” Ms. Boyle said that she thought that Mr. Baron’s action was disgusting and that she was greatly offended. This Tribunal concludes that Mr. Baron violated the charged provisions of A.A.C R4-19-814(2) (Engaging in sexual conduct with a patient, resident, or any member of the

patient’s or resident’s family who does not have a preexisting relationship with the certificate holder, or

any conduct while on duty or in the presence of a patient or resident that a reasonable person would interpret as sexual), A.A.C. R4-19-8914(21) (Threatening, harassing, or exploiting an individual), and A.A.C. R4-19-814(22) (Using violent or abusive behavior in any work setting).

8. Ms. Fenn credibly testified that Mr. Baron grabbed his penis on the outside of his

clothes after being hit by a bed and that Mr. Baron tucked his shirt in or lifted his shirt to tie his pants in an effort to display his penis through his clothing. Ms. Fenn stated that on or about February 11, 2015,

Mr. Baron jokingly told her that a patient (identified as a 61-year-old blind female patient) grabbed his penis instead of grabbing his leg or the bed and that his penis calmed the patient down. This Tribunal concludes that Respondent violated the charged provisions of A.R.S. § 32-1601(22)(d) (conduct or

practice that is or might be harmful to the health of a patient or the public), A.R.S. §32-1601(22)(g)

(Willfully or repeatedly violating a provision of this chapter or rule adopted pursuant to this chapter), A.R.S. § 32-1601(22)(j) (violating a rule that is adopted by the Board), A.A.C. R4-19-814(1) (Failing to maintain professional boundaries or engaging in a dual relationship with a patient, resident or any

member of the patient’s or resident’s family), A.A.C R4-19-814(2) (Engaging in sexual conduct with a

patient, resident, or any member of the patient’s or resident’s family who does not have a preexisting relationship with the certificate holder, or any conduct while on duty or in the presence of a patient or resident that a reasonable person would interpret as sexual), A.A.C. R4-19-814((9) (Violating the rights of a patient), A.A.C. R4-19-814(11)(neglecting or abusing a patient or resident physically, verbally,

emotionally, or financially), A.A.C. R4-19-814(21) (Threatening, harassing, or exploiting an

individual), and A.A.C. R4-19-814(22) (Using violent or abusive behavior in any work setting). 9. Ms. Denk credibly testified that when she was working with Mr. Baron in the beginning of January 2015, while talking with Mr. Baron about their schedules for patients for the next day, Mr.

Baron grabbed her hand and put it on his penis. Ms. Denk stated that when she tried to remove her hand

from Mr. Baron’s penis he bruised the “whole top of her hand.” Ms. Denk said that Mr. Baron told her that his penis was large and that she would like it. Ms. Denk said that Mr. Baron asked if she had a lot of hair in her private area. This Tribunal concludes that Respondent violated the charged provisions of

A.R.S. § 32-1601(22)(d) (conduct or practice that is or might be harmful to the health of a patient or the

public), A.R.S. § 32-1601(22)(g) (Willfully or repeatedly violating a provision of this chapter or rule adopted pursuant to this chapter), A.R.S. §32-1601(22)(j) (Violating a rule that is adopted by the

Board), A.A.C. R4-19-814(1)(Failing to maintain professional boundaries or engaging in a dual relationship with a patient, resident or any member of the patient’s or resident’s family), A.A.C R4-19- 814(2) (Engaging in sexual conduct with a patient, resident, or any member of the patient’s or

resident’s family who does not have a preexisting relationship with the certificate holder, or any

conduct while on duty or in the presence of a patient or resident that a reasonable person would interpret as sexual), A.A.C. R4-19-8914(21) (Threatening, harassing, or exploiting an individual), A.A.C. R4-19-814(22) (Using violent or abusive behavior in any work setting), and A.A.C. R4-19-

814(29) (Practicing in any other manner that gives the Board reasonable cause to believe the health of a

patient or the public may be harmed). 10. Ms. Denk credibly testified that while working with Mr. Baron, she observed him take the hand of an elderly blind female patient and hold the patient’s hand on his penis while he was bathing the patient. Ms. Denk stated that Mr. Baron said that holding his penis calms patients. Ms.

Denk said that Mr. Baron warned her not to tell anyone about his actions. This Tribunal concludes that

the Mr. Baron violated the charged provisions of A.R.S. § 32-1601(18)(d) (Any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public), A.R.S. § 32-1601(22)(d) (conduct or practice that is or might be harmful to the health of a patient or the public), A.R.S. § 32-

1601(22)(g) (Willfully or repeatedly violating a provision of this chapter or rule adopted pursuant to

this chapter), A.R.S. § 32-1601(22)(j) (violating a rule that is adopted by the Board), A.A.C. R4-19- 814(1) (Failing to maintain professional boundaries or engaging in a dual relationship with a patient, resident or any member of the patient’s or resident’s family), A.A.C R4-19-814(2) (Engaging in sexual

conduct with a patient, resident, or any member of the patient’s or resident’s family who does not have

a preexisting relationship with the certificate holder, or any conduct while on duty or in the presence of a patient or resident that a reasonable person would interpret as sexual), A.A.C. R4-19-814((9)

(Violating the rights of a patient), A.A.C. R4-19-814(11) (neglecting or abusing a patient or resident physically, verbally, emotionally, or financially), A.A.C. R4-19-814(21) (Threatening, harassing, or exploiting an individual), and A.A.C. R4-19-814(22) (Using violent or abusive behavior in any work

setting).

11. Ms. Navarro credibly testified that Mr. Baron would frequently come into her office when she was alone and tuck his shirt into his scrub pants to expose the outline of his penis. Ms. Navarro stated that she felt that it was sexual harassment. This Tribunal concludes that Respondent

violated the charged provisions of A.R.S. § 32-1601(18)(d) (Any conduct or practice that is or might be

harmful or dangerous to the health of a patient or the public), A.R.S. § 32-1601(22)(d) (Any conduct or practice that is or might be harmful to the health of a patient or the public), A.R.S. § 32-1601(22)(g) (Willfully or repeatedly violating a provision of this chapter or rule adopted pursuant to this chapter), A.R.S. § 32-1601(22)(j) (violating a rule that is adopted by the Board), A.A.C. R4-19-814(1) (Failing

to maintain professional boundaries or engaging in a dual relationship with a patient, resident or any

member of the patient’s or resident’s family), A.A.C R4-19-814(2) (Engaging in sexual conduct with a patient, resident, or any member of the patient’s or resident’s family who does not have a preexisting relationship with the certificate holder, or any conduct while on duty or in the presence of a patient or

resident that a reasonable person would interpret as sexual), A.A.C. R4-19-814(21) (Threatening,

harassing, or exploiting an individual), A.A.C. R4-19-814(22) (Using violent or abusive behavior in any work setting), and A.A.C. R4-19-814(29) (Practicing in any other manner that gives the Board reasonable cause to believe the health of a patient or the public may be harmed).

12. In light of the risk of potential harm to patients, the Board established cause to revoke,

suspend, or otherwise discipline Respondent’s certificate under A.R.S. § 32-1663(D)11 and A.R.S. § 32-

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

1664(N), and that summary suspension of Respondent’s certificate was necessary to protect Respondent’s coworkers, patients and the public from dangerous and repeated practices.12 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 certified nursing assistant certificate number CNA1000030733 issued to Jerry Baron. 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 said certificate pursuant to A.A.C. R4-19-815 after a period of five years DATED this 24th day of July, 2015.

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

ARIZONA STATE BOARD OF NURSING SEAL

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

COPIES mailed this 27th day of July, 2015, by Certified Mail No. [account number redacted] 8342 and First Class Mail to:

Jerry Baron 3917 E Encinas Ave Gilbert, AZ 85234 COPIES of the foregoing mailed this 27th day of July, 2015, to: Case Management Office of Administrative Hearings 1400 W Washington Ste 101 Phoenix AZ 85007 Sunita A. Krishna Assistant Attorney General 1275 W Washington CIV/LES Section Phoenix AZ 85007

By: Trina Smith