ALJDEC decisions subject to certification as final

18A-1308120-NUR · State Board of Nursing · 2018-04-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF THE PRIVILEGE TO

PRACTICE NURSING UNDER THE NURSE LICENSURE COMPACT IN THE STATE OF ARIZONA

ISSUED TO:

CINDY LOUISE TREGAY,

AKA CINDY LOUIS PURCELL

RESPONDENT

(COLORADO NURSE LICENSE NO. PN34561)

No. 18A-1308120-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 7, 2018, with the record held open until March 23, 2018.

APPEARANCES: Respondent Cindy Louis Tregay did not appear.

Assistant Attorney General Elizabeth Campbell appeared on behalf of the Arizona State Board of Nursing.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

The Arizona State Board of Nursing (“Board”) has the authority to

regulate and control the practice of nursing in the State of Arizona pursuant to Ariz. Rev. Stat. sections 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, Ariz. Rev. Stat. sections 32-1601 through 32-1669. In addition, the Board has the authority to impose disciplinary sanctions against holders of the privilege to practice nursing in the State of Arizona pursuant to the Nurse Licensure Compact, Ariz. Rev. Stat. sections 32-1668 and 32-1669.

Respondent Cindy Louise Tregay holds Colorado compact registered nurse licensure and the privilege to practice nursing in the State of Arizona under the multistate Compact.

From about July 18, 2013 to August 5, 2013, Ms. Tregay worked as a

licensed practical nurse at MGA Home Healthcare, LLC (“MGA”). See Exhibit 2.

4. From about July 18, 2013 to August 5, 2013, Ms. Tregay was assigned to Patient A. See id.

5. From about July 18, 2013 to August 5, 2013, Ms. Tregay lived with Patient A and her family.

6. In June of 2013, Ms. Tregay was hospitalized after attempting to commit suicide by ingesting a variety of medication.

7. On or about August 22, 2013, the Board received a complaint from

MGA that Ms. Tregay had a physical altercation with Patient A’s grandmother.

8. On July 20, 2017, the Board issued an Interim Order (“Order”) requiring that Ms. Tregay submit to a psychological evaluation within forty-five days of Service of the Order. See Exhibit 3.

9. On or about August 10, 2017, a copy of the Order was sent to Ms. Tregay by certified mail. See id.

10. Ms. Tregay did not submit to a psychological evaluation.

11. On or about January 29, 2018, the Board issued a Complaint and Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. on March 7, 2018 at the Office of Administrative Hearings in Phoenix, Arizona.

12. On or about February 20, 2018, Ms. Tregay filed a response to the Complaint and Notice of Hearing.

13. Ms. Tregay did not request to appear telephonically at the duly noticed hearing. Although the start of the hearing was delayed until 9:37 a.m., Ms. Tregay did not appear, personally or through an attorney. Consequently, Ms. Tregay did not present any evidence to defend her license.

CONCLUSIONS OF LAW

The Complaint and Notice of Hearing that the Board mailed to Respondent at her address of record was reasonable, and Respondent is deemed to have received notice of the hearing. Ariz. Rev. Stat. § 41-1092.04; Ariz. Rev. Stat. § 41-1061(A).

The Board has jurisdiction to take action against Respondent’s privilege to practice nursing in Arizona pursuant to the Nurse Licensure Compact, Ariz. Rev. Stat. section 32-1668 and Ariz. Rev. Stat. section 32-1669. However, only the Colorado Board may discipline Respondent’s nursing license.

The Board bears the burden of proof and must establish cause to penalize Respondent’s privilege to practice nursing in Arizona by a preponderance of the evidence. See Ariz. Rev. Stat. section 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

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 facts, as set forth previously, establish that Respondent committed unprofessional conduct as defined by Ariz. Rev. Stat. section 32-1601(22)(d), 24(i), and 22(j); and A.A.C. R4-19-403(3) and (31).

Given Respondent’s egregious behavior, Respondent has demonstrated that she cannot be regulated at this time.

Because Respondent has committed unprofessional conduct, the Board has authority to revoke her privilege to practice nursing in Arizona under the Nurse Licensure Compact. Ariz. Rev. Stat. § 32-1663(A), (D); and § 32-1664(O).

Considering the facts and circumstances of this matter, it is recommended

that Respondent’s privilege to practice nursing in Arizona be revoked.

RECOMMENDED ORDER

Based on the foregoing, the Administrative Law Judge recommends that the Board revoke Cindy Louise Tregay’s privilege to practice nursing in Arizona under the Nurse Licensure Compact.

It is further recommended that the Board provide a copy of its final order to the Colorado Board for its consideration under Ariz. Rev. Stat. section 32-1668, Article V (D) and (E).

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 12, 2018

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director

State Board of Nursing