ALJDEC decisions subject to certification as final

17A-1502089-NUR · State Board of Nursing · 2017-04-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF PRACTICAL NURSE LICENSE NO. LP045725

ISSUED TO:

JASMINE ELYSE GORSUCH,

RESPONDENT

No. 17A-1502089-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 28, 2017

APPEARANCES: No one appeared for Respondent; Sunita A. Krishna, Esq. for the Board of Nursing

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

_____________________________________________________________________

FINDINGS OF FACT

The Arizona State Board of Nursing (“Board”) is the authority for licensing and regulating the practice of nursing in the State of Arizona.

Respondent Jasmine Elyse Gorsuch holds practical nurse license number LP045725, which had been summarily suspended prior to the hearing.

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.

Ms. Gorsuch did not appear at the scheduled hearing time and the matter was convened in her absence at about 9:20 a.m.

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.

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.

While working for MGA, Ms. Gorsuch was also found to have taken a patient’s iPAD, which she returned when questioned about it,

MGA terminated Ms. Gorsuch’s employment as a result of these issues.

Oxycodone is an opioid that is classed as a Schedule II narcotic because of its addictive qualities. Oxycodone is used as a pain analgesic.

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.

The Veterans Home complaint shows that Ms. Gorsuch could not account for a card of thirty oxycodone tablets that went missing while she was on shift on September 27, 2015.

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

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.

Ms. Thomas stopped using Ms. Gorsuch’s services for diversion of narcotics.

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

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.

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.

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.

In July 2015, a third letter to Ms. Gorsuch’s address of record was returned to the Board as undeliverable.

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.

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.

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.

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.

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.

On May 17, 2016, Ms. Gorsuch pleaded guilty to possession of drug paraphernalia, a class 1 misdemeanor.

In March 2011, the Board issued to Ms. Gorsuch a Letter of Concern regarding her charting practices.

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.

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.

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.

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.

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

The Board bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(2).

The standard of proof on all issues is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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.

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.

Considering the facts and circumstances of this matter, it is recommended that Ms. Gorsuch’s practical nurse license number LP045725 be revoked.

RECOMMENDED ORDER

IT IS ORDERED that Jasmine Elyse Gorsuch’s practical nurse license number LP045725 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, April 19, 2017.

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director

State Board of Nursing