FINACT17A-1502089-NUR.pdf

17A-1502089-NUR · State Board of Nursing · 2017-05-22

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) 771-7888 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: May 19, 2017

RE: Jasmine Elyse Gorsuch Docket No. 17A-1502089-NUR ______________________________________________________________________________

On May 19, 2017, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Revoke, Practical Nurse License No. LP045725, issued to Jasmine Elyse Gorsuch.

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 PRACTICAL NURSE LICENSE NO. LP045725 FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER NO. 17A-1502089-NUR JASMINE ELYSE GORSUCH, RESPONDENT

A hearing was held before Thomas Shedden, Administrative Law Judge (“ALJ”), at 1400 West Washington Suite 101, Phoenix Arizona, on March 28, 2017. Sunita Krishna, Assistant Attorney General, appeared on behalf of the State. Jasmine Elyse Gorsuch (“Respondent”) was not present and

was not represented by counsel.

On April 19, 2017, the ALJ issued Findings of Fact, Conclusions of Law and Recommendations. On May 19, 2017, 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 Jasmine Elyse Gorsuch holds practical nurse license number LP045725,

which had been summarily suspended prior to the hearing.

3. On February 22, 2017, the Board issued a Complaint and Notice of Hearing setting the above-captioned matter for hearing at 9:00 a.m. March 28, 2017, at the Office of Administrative Hearings in Phoenix, Arizona.

4. Ms. Gorsuch did not appear at the scheduled hearing time and the matter was convened in her absence at about 9:20 a.m. 5. The Board presented the testimony of Rebecca Verduzco Padilla, RN, clinical case

manager at MGA Home Health Care ("MGA"); Lisa Thomas, RN, director of nursing at the Arizona

State Veterans Home; and Michael Pilder, RN, a nurse practice consultant. 6. In November and December 2015, while working for MGA, Ms. Gorsuch failed to report to a patient's home, and she once left a patient who was a minor in the care of another minor. Ms.

Gorsuch did not report her absences to MGA. Ms. Gorsuch violated MGA's policies through these

actions. 7. While working for MGA, Ms. Gorsuch was also found to have taken a patient's iPAD, which she returned when questioned about it, 8. MGA terminated Ms. Gorsuch's employment as a result of these issues.

9. Oxycodone is an opioid that is classed as a Schedule II narcotic because of its addictive

qualities. Oxycodone is used as a pain analgesic. 10. On September 28, 2015, the Board received from the Veterans Home a complaint related to Ms. Gorsuch who was working at the Veterans Home through an agency placement.

11. The Veterans Home complaint shows that Ms. Gorsuch could not account September 27,

2015. 12. Ms. Thomas testified that at the time the tablets went missing, Ms. Gorsuch was the only person with keys to the narcotics cart.

13. Ms. Thomas testified that there were other instances in which nurses believed that

narcotics were missing, but these other instances could not be verified because the countdown sheets

were missing. Ms. Thomas did some investigating and determined that Ms. Gorsuch was the only person who consistently had access to these missing narcotics. 14. Ms. Thomas stopped using Ms. Gorsuch's services for diversion of narcotics.

15. Ms. Thomas was of the opinion that Ms. Gorsuch was not safe to practice because she

was diverting narcotics. 16. On February 19, 2015, the Board received from Santa Catalina Villas a complaint related to Ms. Gorsuch. The complaint shows that two cards of oxycodone went missing during Ms. Gorsuch's

shift. As a result of this complaint, the Board opened an investigation that was assigned to Mr. Pilder.

17. On April 14, 2015, Mr. Pilder sent to Ms. Gorsuch at her address of record a letter notifying her that there was a complaint against her license and an Investigative Questionnaire that she was required to return to the Board. Ms. Gorsuch did not respond to the letter or questionnaire. 18. On July 17, 2015, Mr. Pilder sent to Ms. Gorsuch at her address of record a second letter

notifying her that there was a complaint against her license and a second Investigative Questionnaire

that she was required to return to the Board. Ms. Gorsuch did not respond to the second letter or questionnaire. 19. In July 2015, a third letter to Ms. Gorsuch's address of record was returned to the Board

as undeliverable.

20. On October 1, 2015, Mr. Pilder sent to Ms. Gorsuch at her address of record a letter notifying her that a second a complaint against her license had been filed, which also included an Investigative Questionnaire that she was required to return to the Board. This letter was returned to the

Board as undeliverable.

21. Mr. Pilder made additional attempts to contact Ms. Gorsuch through the mail, but these letters were returned as undeliverable. Mr. Pilder also sent an email to Ms. Gorsuch's email address of record and he left voicemail for her, but he received no response.

22. Mr. Pilder's review of the Veterans Home complaint and related medical records showed

that oxycodone was unaccounted for during Ms. Gorsuch's shift on several occasions, that she had made improper or incorrect entries in patients' medical records, and that a countdown sheet went missing.

23. On December 21, 2015, Ms. Gorsuch was arrested in Maricopa, Arizona. At the time of

her arrest, she had drug paraphernalia including needles and a burnt spoon. Ms. Gorsuch admitted to police officers that she was a heroin user and she spoke about opioid addiction. 24. On April 6, 2016, Ms. Gorsuch was charged with possession of drug paraphernalia, a felony, and with committing false reporting to a law enforcement agency or officer, a misdemeanor.

Ms. Gorsuch did not report these charges to the Board.

25. On May 17, 2016, Ms. Gorsuch pleaded guilty to possession of drug paraphernalia, a class 1 misdemeanor. 26. In March 2011, the Board issued to Ms. Gorsuch a Letter of Concern regarding her

charting practices.

27. In May 2012, the Board issued to Ms. Gorsuch a Decree of Censure after she self- reported driving under the influence with a blood alcohol level of 0.27. 28. Mr. Pilder testified to the effect that the Letter of Concern and the Decree of Censure

are related to this matter based on the underlying charges in those events, and that a pattern of

escalation is present.

29. Mr. Pilder's opinion was that while working for MGA, Ms. Gorsuch abandoned at least one patient, which is a violation of the standard of care. 30. Mr. Pilder provided credible testimony that Ms. Gorsuch had violated the standard of

care regarding administering, wasting, or returning medication while she was working at the Veterans

Home. 31. Mr. Pilder's opinion was that Ms. Gorsuch's behavior shows that she is a threat to the public and that she cannot be regulated by 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 § 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. Gorsuch engaged in conduct that is, or might be, harmful or dangerous to the health of a patient or the public, which constitutes unprofessional conduct under ARIZ. REV. STAT. section 32- 1601(24)(d). 1

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

5. The preponderance of the evidence shows that Ms. Gorsuch has willfully or repeatedly violated the Board's statutes, which constitutes unprofessional conduct under ARIZ. REV. STAT. section 32-1601(24)(g).

6. The preponderance of the evidence shows that Ms. Gorsuch committed acts that deceive

or harm the public, which is unprofessional conduct under ARIZ. REV. STAT. section 32-1601(24)(h). 7. The preponderance of the evidence shows that Ms. Gorsuch has engaged in a pattern of failing to maintain minimum standards of acceptable and prevailing nursing practice, which is a

violation of ARIZ. ADMIN. CODE section 4-19-403(1) and unprofessional conduct under ARIZ. REV.

STAT. sections 32-1601 (24)(d) and (j). 8. The preponderance of the evidence shows that Ms. Gorsuch abandoned a patient, which is a violation of ARIZ. ADMIN. CODE section 4-19-403(5) and unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(24)(d) and (j).

9. The preponderance of the evidence shows that Ms. Gorsuch has failed to follow her

employers' policies and procedures designed to safeguard the patient, which is a violation of ARIZ. ADMIN. CODE section 4-19-403(9) and unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(24)(d) and (j).

10. The preponderance of the evidence shows that Ms. Gorsuch has removed without

authorization narcotics from a workplace location, which is a violation of ARIZ. ADMIN. CODE section 4-19-403(17) and unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(24)(d) and (j).

11. The preponderance of the evidence shows that Ms. Gorsuch has engaged 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, which is a violation of ARIZ. ADMIN. CODE section 4-19- 403(17) and unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(24)(d) and (j). 12. The preponderance of the evidence shows that Ms. Gorsuch has obtained narcotics or

illegal drugs in a violation of ARIZ. ADMIN. CODE section 4-19-403(18), which is also

unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(24)(d) and (j). 13. The preponderance of the evidence shows that Ms. Gorsuch failed to answer the Board's Questionnaires, which is a violation of ARIZ. ADMIN. CODE section 4-19-403(25)(a) and

unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(24)(d) and (j).

14. The preponderance of the evidence shows that Ms. Gorsuch failed to notify the Board that she had been charged with a felony, which is a violation of ARIZ. ADMIN. CODE section 4-19- 403(28) and unprofessional conduct under ARIZ. REV. STAT. sections 32-1601 (24)(d) and(j) and ARIZ. REV. STAT. section 32-3208(D).

15. The preponderance of the evidence shows that Ms. Gorsuch failed to notify the Board of a

change in her mailing address, which is a violation of ARIZ. ADMIN. CODE section 4-19-308(B). 16. The Board also alleges that Ms. Gorsuch violated Ariz. Admin. Code R4-19- 403(31)("Practicing in any other manner that gives the Board reasonable cause to believe the health of a

patient or the public may be harmed.") The Board has not proven this allegation by a preponderance of

the evidence, because it presented no evidence of wrong-doing that is not included within the statutes and rules previously cited. 17. Because Ms. Gorsuch has committed unprofessional conduct, the Board has authority to

revoke her registered nurse license. ARIZ. REV. STAT. §§ 32-1663 and 32-1664.

18. Considering the facts and circumstances of this matter, it is recommended that Ms. Gorsuch's practical nurse license number LP045725 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(N), the Board REVOKES practical nurse license number

LP045725 issued to Jasmine Elyse Gorsuch.

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 Hearing Department,

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 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 19th day of May, 2017. ARIZONA STATE BOARD OF NURSING SEAL

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

COPIES mailed this 19th day of May, 2017, by Certified Mail No. [account number redacted] 9921 and First Class Mail to:

Jasmine Elyse Gorsuch 990 E. River Rd Apt 101 Tucson, AZ 85718

COPIES of the foregoing mailed this 19th day of May, 2017, 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: T. Smith