FINACT18A-1309029-NUR.pdf

18A-1309029-NUR · State Board of Nursing · 2018-11-20

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: November 15, 2018

RE: Diana Kay Tucker Docket No. 18A-1309029-NUR ______________________________________________________________________________

On November 15, 2018, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board impose a period of probation with stipulations for chemical dependency treatment, AA/NA attendance, nursing recovery group attendance, random drug screens, and work restrictions on registered nurse license number RN133453 issued to Diana Kay Tucker. In accordance with the Administrative Law Judge’s recommended order, the Board issued an Order for a minimum 36-month probation.

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. RN133453 FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER DIANA KA YE TUCKER, N0.18A-1309029-NUR RESPONDENT

A hearing was held before Kay Abramsohn, Administrative Law Judge ("ALJ"), at 1740 West

Adams Street, Lower Level, Phoenix Arizona, on August 17, 2018 1• Sunita A. Krishna, Assistant Attorney General, appeared on behalf of the State. Diana Kaye Tucker ("Respondent") appeared in person on her own behalf.

On October 4, 2018, the ALJ issued Findings of Fact, Conclusions of Law and

Recommendations. On November 15, 2018, 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 2

1. 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 Arizona Revised Statutes ("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. §§ 32-1601-1667.

2. Diana Kay Tucker ("Respondent") holds Board-issued Registered Nurse License No.

RN133453 (issued in July of 2005) in the State of Arizona. Hearing record held open in regard to the court reporter's transcript, which was the official record of the administrative hearing. Additionally, the Department's Exhibits 1-12 were admitted to the record as well as Respondent's Exhibits A-F. Taken primarily from Complaint and Notice of Hearing.

3. On or about September 20, 2013, the Board received a complaint from Banner Gateway Medical Center ("Banner"), alleging that Respondent was diverting narcotic medications on or about September 17, 2013, while working as a Registered Nurse ("RN").

4. Based upon this information, the Board opened an investigation.

5. During the investigation, the Board received a second complaint from Banner on or

about December 31, 2013, alleging that Banner had been contacted by the Maricopa Police Department and had been advised that Respondent would not be reporting for work that evening because she had been taken into custody.

6. According to Maricopa Police Department, in Pinal County, AZ, report number

[number redacted], on or about December 18, 2013, an officer was dispatched to a Walmart in Pinal County for possible prescription fraud. A pharmacist at Walgreens reported that Respondent had attempted to fill a prescription for 156 Percocet 10-325 Mg tablets dated December 13, 2013. 3 The Pharmacy

Manager informed the officer that Walgreens had not filled the prescription and had contacted

surrounding pharmacies. The Pharmacy Manager further informed the officer that, after they received the prescription from Respondent, they had run a pharmacy report which showed the same prescription had been filled six times since November 19, 2013.

7. Physician office records documented that Respondent's last visit to the foot physician

had been on November 19, 2013, and that Respondent had not been to their office since that date. 8. Respondent was subsequently arrested on December 18, 2013. She was charged with four counts: One Count, Forgery, possessing forged instrument; One Count, Forgery, offers forged

The original prescription was written by Dr. Carl Beecroft on November 19, 2013; the prescription presented to Walgreens had been altered to read December 13, 2013. Dr. Beecroft later advised law enforcement that the prescription had been copied onto a paper that was different than the paper his office used to print out prescriptions.

instrument; One Count, Forgery, with written instrument; and One Count, Forgery, possessing forged instrument. 9. On or about April 23, 2014, in Pinal County Superior Court, Arizona, Case Number

CR201400838/EDC, Respondent was charged with eight Felonies: (1) two Counts of Fraudulent

Schemes and Artifices, a class 2 Felony, for knowingly obtaining and benefit by means of false or

fraudulent pretenses, representations, promises, or omissions; and (2) six Counts of Forgery, Class 4 Felonies, for intent to defraud, offering or presenting a forged instrument or one which contains false information, to wit: presented altered prescriptions. Respondent failed to repmi the charges to the

Board within 10 days in violation of statute and rule.

10. On or about June 20, 2014, in the Pinal County Superior Court in Maricopa, AZ, Case Number Sl 100CR201400838/EDC, Respondent was convicted of Two Counts of Criminal Simulation, Class 6 undesignated Felonies, pursuant to a guilty plea. Respondent failed to report the Felony

convictions to the Board within 10 days in violation of statute and rule.

11. On or about January 26, 2016, an Order of Discharge from Probation was signed by the Judge of the Superior Court, finding that Respondent had completed the terms of her probation on January 14, 2016, and ordered the convictions to be designated as Class 1 Misdemeanors.

12. After her December 2013 arrest, on an application for employment to Spectrum

Solutions, The River Source, dated September 15, 2014, Respondent made false or misleading statements on a health care related employment application in violation of statute and rule. She falsely checked "NO" to the question: Have you ever been convicted of a crime other than a traffic ticket violation in the past 3 years, despite being convicted of two felonies approximately three months prior

to submitting her application. 4 She failed to disclose that she had been previously employed at Banner in or around November 2012 to December 2013. 5 She failed to disclose that she had been previously employed at Maricopa Unified School District in or around July 2012 to December 2012, in violation

of statute and rule. 6 Finally, she listed her most recent employment as Paradise Valley Hospital with

dates of employment as January 10, 2010, to 2014, despite the fact that Respondent resigned on July 11, 2012. 13. On February 8, 2017, the Board issued an Interim Order, ordering Respondent to obtain a substance abuse evaluation.

14. On March 17, 2017, Respondent underwent an evaluation with Dr. Nicole Lazorwitz,

Psy.D. In her report, Dr. Lazorwitz noted that Respondent had reported to both Dr. Lazorwitz and Board staff in 2016-2017 that Respondent was frequently out of state because her father was very ill and that Respondent had told a previous physician that her father passed away in 2012. 7 Dr. Lazorwitz

opined that Respondent has a history of significant substance use and inconsistencies in reporting

which has negatively impacted her functioning, both criminally and vocationally. Dr. Lazorwitz diagnosed Respondent with a substance use disorder and recommended Respondent obtain chemical dependency treatment, attend AA/NA meetings, attend nurse recovery group meetings, and undergo

random drug testing. Dr. Lazorwitz also recommended work restrictions.

4 At hearing, she indicated she had not recalled answering "no" and that she had not been trying to

"hide" anything. 5 At hearing, she indicated that she was embarrassed at having been terminated. At hearing, she indicated that she had only worked there for 6 months and she did not think it was a big deal. 7 This discrepancy was cleared up at hearing, when Respondent explained that, due to how close she was to her godfather, she called her godfather "father" and that it was the godfather who had passed away.

15. The Board offered Respondent a referral to its CANDO program; however, Respondent did not agree to the referral indicating to the investigator that she did not believe she had an issue with opiates.

16. The matter was not resolved informally and was forwarded to the Tribunal for

administrative hearing. 17. At hearing, Respondent provided narrative that basically followed her written statement in response to the Complaint. 8 Respondent indicated that she had did not believe she needed to report to the Board until after the court matter was completed. 9

18. At hearing, the Board requested that, on consideration of the evidence and record, the

Tribunal recommend probation with stipulated terms that would be consistent with Dr. Lazorwitz' evaluation. CONCLUSIONS OF LAW

1. This matter lies within the Board's jurisdiction under A.R.S. § 32-1606(B)(10).

2. The Board bears the burden of proof and must establish cause to penalize Respondent's registered nurse's license by a preponderance of the evidence. See A.R.S. § 41-1092.07(0)(2); A.A.C. R2-19-l 19(A) and (B)(l); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

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). 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).

8 Respondent's Exhibit A. She believed that, based on April 18, 2014 letter from Adult Probation for Pinal County, she did not need to report to the Board. Respondent's Exhibit B.

4. The Board established by a preponderance of the evidence that Respondent engaged in the conduct that was alleged in the Complaint and Notice of Hearing. Respondent presented no credible evidence to dispute the conduct as charged.

5. The charged conduct constitutes unprofessional conduct as defined by A.RS. § 32-

1601(26)(b), 10 A.RS.§ 32-1601(26)(d), 11 A.R.S. § 32-1601(26)(g), 12 A.RS.§ 32-1601(26)(h), 13 A.R.S.

§ 32-1601(26)0), 14 and A.R.S. § 32-1601(26)(1), 15 all of which are grounds for disciplinary action pursuant to A.RS.§§ 32-1663 and 32-1664. 6. In light of the risk of potential harm to patients and the public as a result of

Respondent's actions and violations of the Nurse Practice Act, the Board established cause to impose a

disciplinary sanction against Respondent's license under A.R.S. § 32-1663(D) 16 and A.R.S. § 32- 1664(N). 17 ORDER

In view of the Findings of Fact and Conclusions of Law, the Board issues the following Order:

A. The Registered Nurse License No. RN133453 issued to DIANA KA YE TUCKER, is placed on PROBATION for at minimum 36 months with terms and conditions.

°Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral

turpitude; conviction by a court of competent jurisdiction or a plea of no contest its conclusive evidence of the commission. See also Arizona Administrative Code ("A.A.C.") R4-19-403(17), R4-19-403(18), R4-19-403(27), R4-19-403(28)(a), and R4-19-403(29). Any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public. Willfully or repeatedly violating a provision of this chapter of a rule adopted pursuant to this chapter. Committing an act that deceives, defrauds, or harms the public. 14 Violating a rule adopted by the Board. Failing to self-report a conviction for a felony or undesignated offense within ten days after the conviction. 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 the license, place the licensee on probation, or accept the voluntary sunender of the license. A.R.S. § 32-1664(N) provides that ifthe Board finds that the licensee has committed an act of unprofessional conduct, the Board may revoke or suspend the license.

B. Prior to te1mination of probation, Respondent shall work as a registered nurse for a minimum of 24 months (not less than sixteen hours a week). C. While this Board Order is in effect and/or Respondent's license is subject to discipline,

up to and including revocation or voluntary surrender, Respondent is not eligible to renew any other

expired license or certificate previously held by Respondent without prior review and approval by the Board. D. At any time Respondent is required by terms of the Board Order to provide a copy of the Board Order to another individual or facility Respondent shall provide all pages of the Board Order.

E. If Respondent is convicted of a felony, Respondent's license shall be automatically

evoked and Respondent may not apply for reissuance for a minimum period of five years. Respondent aives any and all rights to a hearing, rehearing or judicial review of any revocation imposed pursuant o this paragraph.

F. If Respondent is noncompliant with any of the terms of the Board Order, Respondent's noncompliance shall be reviewed by the Board for consideration of possible further discipline on Respondent's nursing license.

G. Probation is subject to the following terms and conditions:

TERMS OF PROBATION 1. License(s) and Certificate(s) on Probation While this Order is in effect, if the Board issues any licenses or certificates authorized

by statute except a nursing assistant certificate, such ce1iificate or license shall be marked "Probation."

Respondent is not eligible for a multistate "Compact" license. While this Order is in effect, any license or certificate that Respondent presents to any employer or other member of the public shall be clearly marked "Probation."

2. Rehabilitation Program Within 7 days of the effective date of this Order, Respondent shall enter a substance use disorder rehabilitation program. Upon entry, Respondent shall execute the appropriate release of

information fo1m allowing the rehabilitation program to inform the Board of Respondent's entry.

Respondent shall also cause the rehabilitation program to notify the Board as to Respondent's participation and progress in, and discharge or termination from the program. At the completion of the rehabilitation program, Respondent shall cause the program director to provide the Board with documentation concerning Respondent's completion of the rehabilitation program and

recommendations for follow-up treatment.

Aftercare Program 3. Within 7 days of the completion of the rehabilitation program, Respondent shall enter and must successfully complete a state licensed substance use disorder aftercare program. Upon entry,

Respondent shall execute the appropriate release of information form allowing the aftercare program to

inform the Board of Respondent's entry into the program. Respondent shall also cause the aftercare program to submit to the Board, in writing and on the Board-approved form, evidence of Respondent's satisfactory participation and progress in the program, as well as discharge or termination from the

program. Such reports are due beginning on the first quarterly reporting date after entry into the

program and quarterly thereafter for the remainder of the probationary period or until completion of the aftercare pro gram. 4. Nurse Recovery Group Within 7 days of the completion of a Rehabilitation Program, Respondent shall emoll in

a Board-acceptable Nurse Recovery Group if a group is available within forty miles of Respondent's

residence or place of employment. Respondent shall attend the Nurse Recovery Group once per week

and have no "Unexcused" absences or "No call/No show" occurrences. Respondent shall provide, in advance of travel or unavailability, at least 3 calendar days' written notice to the Nurse Recovery Group facilitator and to the Board's designee of any out-of-town travel or other unavailability to attend the

weekly meeting. All requests to be temporarily excused from attendance in the Nurse Recovery Group

must be approved in advance by the Board or its designee. Respondent shall cause the Nurse Recovery

Group facilitator to report to the Board, in writing, Respondent's entry and attendance in the group on the Board-approved form. The written report is due on or before the last day of each month. 5. Participation in AA/NA

(a) Within 7 days of the effective date of this Order, and throughout the term of this

Order, Respondent shall participate at least 3 times weekly, or as recommended by the rehabilitation program, in Alcoholics Anonymous, Narcotics Anonymous, or a Board-approved equivalent program, and shall submit to the Board, in writing on Board-approved forms, quarterly reports which are initialed

by his sponsor. The first report is due by the first date on the Quarterly Reporting Due Date form, and

quarterly thereafter. Failure to provide quarterly reports within 7 days of the reporting due date shall constitute non-compliance with this Order. (b) Respondent shall obtain a temporary sponsor, if participating in a twelve-step

program, within thirty days of the effective date of this Order and a permanent sponsor within sixty

days. Respondent shall maintain a sponsor relationship throughout the terms of this Order. 6. Relapse Prevention/Recovery Evaluation Eighteen months prior to the tem1ination of the Order or as requested by the Board or its designee, Respondent shall complete an evaluation by a Board approved evaluator who has expertise in

substance use disorders and relapse prevention. Prior to the evaluation, Respondent shall furnish a

complete copy of this Order to the evaluator who shall verify receipt of the Order and any other

materials provided in a written report on letterhead to the Board. Respondent shall execute release of information form(s) to allow the evaluator to communicate information with the Board or its designee. Respondent shall direct the evaluator to provide a report to the Board summarizing the evaluation

within thirty days after the completed appointment for the evaluation.

If recommended by the evaluator, Respondent shall enter, within thirty days of notification, participate as recommended and successfully complete a relapse prevention program or other recommended treatment. Prior to entry into a relapse prevention program or any type of other recommended treatment, Respondent shall provide a copy of this Order to include Findings of Fact and

Conclusions of Law, and Order to the treatment provider/program. Respondent shall execute the

appropriate release of infonnation form(s) to allow the treatment provider/program to communicate information with the Board or its designee. Within 7 days of entry into the recommended treatment, Respondent shall cause the treatment provider/program to inform the Board in writing verifying

enrollment and receipt of a complete copy of this Order and a copy of the evaluation. Respondent shall

participate in the treatment program or therapy until the Board receives verification from the treatment provider/program in writing that Respondent has successfully completed the program. During participation in the program or other recommended treatment, Respondent shall cause the treatment

provider/program to submit to the Board, in writing on a Board-approved form, evidence of satisfactory

attendance, participation, discharge and successful completion of the program/treatment. Such reports are due beginning on the first quarterly reporting date after entry into the relapse prevention program or other recommended treatment and quarterly thereafter, according to schedule, for the remainder of the probationary period or verification of successful completion of the program. Failure to provide

quarterly reports within 7 days of the reporting due date shall constitute non-compliance with this

Order.

7. Alcohol and Alcohol Containing Substances Respondent shall not consume any alcohol or any substances containing alcohol and shall avoid all products containing alcohol for the duration of the Order.

8. Abstain From Unauthorized Drug Use/Proof of Prescription

Respondent shall abstain completely from the personal use or possession of controlled

substances, as defined in the State Controlled Substances Act, and dangerous drugs as defined by law, or any drugs requiring a prescription. Orders prohibiting Respondent from personal use or possession of controlled substances

or dangerous drugs do not apply to medications lawfully prescribed to Respondent for an illness or

condition by a medical provider. During the duration of this Order, Respondent shall select one medical provider to coordinate her health care needs and to be aware of all prescriptions utilized by Respondent. Within 7 days of the effective date of this Order, Respondent shall cause all medical

providers who have prescribed medications which are currently being used by Respondent daily or on

an as needed basis to provide in writing, on letterhead, verification of knowledge of Respondent's history of substance use, awareness of Respondent's Order with the Board, and documentation of current medications prescribed for Respondent. Respondent shall execute all release of information

form(s) as required by the Board or its designee so that Respondent's medical providers shall be able to

communicate information with the Board. Prior to receiving treatment from any other medical provider(s), Respondent shall notify the medical provider(s) of Respondent's history of substance use provide the provider with a copy of this Order. DURING THE COURSE OF THE ORDER

RESPONDENT SHALL CAUSE ANY AND ALL PROVIDERS TO NOTIFY THE BOARD OF

THEIR AWARENESS OF RESPONDENT'S HISTORY OF SUBSTANCE USE, BOARD ORDER,

AND NOTIFICATION OF ANY MEDICATIONS ORDERED BY THE PROVIDER. THE

NOTIFICATION SHALL BE MADE IN WRJTING WITHIN ONE WEEK OF THE PROVIDER'S ISSUANCE OF THE PRESCRIPTION. If Respondent has a lawful prescription for a controlled substance, Respondent shall

cause her prescribing provider to provide monthly reports to the Board regarding the continued need for

the medication(s) within 7 days of the 301h day of each month. The Board or its designee may, at any time, request the provider to document the continued need for prescribed medications. Such report from the provider shall be received by the Board within 14 days of the request. Respondent shall keep a written record of medications taken, including over-the-counter drugs, and produce such record upon

request by the Board or its designee.

9. Drug Testing Within 7 days of the effective date of the Order, and throughout the term of this Order, Respondent shall enroll and remain enrolled in the Board approved third party program for random

drug and alcohol testing. Drug testing may include testing of urine, hair follicle, nail, saliva or blood,

as determined by the Board or the Board's designee. For random urine drug testing, Respondent shall submit a urine specimen a minimum of twice per month for the first eighteen months and until receiving written authorization from the Board

or its designee that the frequency of drug testing may be reduced. Thereafter, Respondent shall submit

a urine specimen a minimum of once per month for the duration of the Order, and may be required to submit a specimen more frequently, as determined by the Board or its designee. Respondent shall provide, in advance of travel or unavailability, at least 3 calendar days'

written notice to the drug testing program and to the Board's designee of any out-of-town travel or

other unavailability to test. All requests to be temporarily excused from drug testing must be approved in advance by the Board or its designee.

Within 7 days of a missed drug test due to an unexpected illness, Respondent must provide the Board or the Board's designee with written documentation from a medical provider stating that the medical provider personally examined Respondent on the day of the requested drug test and

that Respondent was not physically able to report to the laboratory for drug testing.

If Respondent tests positive for any unauthorized substance; misses two or more random

drug tests throughout the entire time of the Order; fails to submit a specimen suitable for drug testing including submission of a specimen for which the integrity has been compromise as indicated by the presence of adulterants; or submission of a urine sample that is below the acceptable volume or outside

of the temperature range to be tested; fails to submit to a drug test that has been requested by the Board,

the Board's designee, including the drug testing program, or Respondent's healthcare employer; the Board or Board's designee may direct Respondent to cease practicing pending further determination by the Board or the Board's designee; and Respondent shall not return to practice until receiving written

authorization from the Board or the Board's designee. A complaint will be issued against Respondent's

license and the investigative findings will be submitted to the Board for the Board's review and decision. The Board's designee may notify Respondent's employer that Respondent is required to cease practice.

At any time during the term of this Order, if Respondent submits 3 or more dilute urine

specimens the Board or Board's designee may direct Respondent to cease practicing pending further determination by the Board or the Board's designee; and Respondent shall not return to practice until receiving written authorization from the Board or the Board's designee. The Board's designee may

notify Respondent's employer that Respondent is required to cease practice.

If the Board or Board designee directs Respondent to cease practice as stated in the

above paragraphs, Respondent may request in writing, that the matter be placed on the Board agenda

for the Board to review and determine if the requirement to cease practice should remain in place. Respondent may make this request even if the investigation is not yet complete. If Respondent's written request is received more than ten business days before a

regularly scheduled Board meeting, the request shall be placed on that Board meeting's agenda. If the

written request is received 10 or less business days before a regularly scheduled Board meeting, the request will NOT be heard at that meeting, but shall be heard at the following regularly scheduled Board meeting. Respondent has received a copy of the Board's policy entitled "Guidelines For Non-

Compliance With Drug Testing-Monitoring And CANDO Departments" dated January 2015

("Policy"), and agrees to abide by the terms and conditions set forth in the Policy. If there is any conflict between the Policy and this Agreement, this Agreement governs. 10. Notification of Practice Settings

Any setting in which Respondent accepts employment that requires nursing licensure

shall be provided with a copy of the entire Order on or before the date of hire or within 3 days from the effective date of this Order if currently employed. Within 3 days of Respondent's date of hire, or within 3 days from the effective date of this Order if currently employed, Respondent shall cause

Respondent's immediate supervisor to inform the Board, in writing and on employer letterhead,

acknowledgment of the supervisor's receipt of a copy of this Order and the employer's ability to comply with the conditions of probation. In the event Respondent is attending a nursing program, Respondent shall provide a copy of the entire Order to the Program Director. Respondent shall cause the Program Director to

inform the Board, in writing and on schoolletterhead, acknowledgment of the program's receipt of a

copy of the Order and the program's ability to comply with the conditions of probation during clinical expenences. 11. Practice Under On-Site Supervision

While employed at The River Source, Respondent may work without on-site supervision

contingent upon 1) Remaining in compliance with this Order; and 2) reporting on duty to another RN who is in good standing with the Board and, reporting off duty to another RN who is in good standing with the Board and, who have read a copy of this Order. If Respondent is employed in any other setting, Respondent shall practice as a nurse only under

the on-site supervision of a registered nurse in good standing with the Board. On-site supervision is

defined as having a registered nurse present in the building whenever Respondent is practicing nursing. The supervising nurse shall have read this Order to include the Findings of Fact and Conclusions of Law, and Order, and shall provide input on Respondent's performance evaluations to the Board. The

supervising nurse shall be primarily one person, who may periodically delegate to other qualified

personnel, who shall also have read this Order to include Findings of Fact, Conclusions of Law. In the event the assigned supervising nurse is no longer responsible for the supervision required by this paragraph, within 7 days of the assignment of a new supervising nurse, Respondent shall cause

license's new supervising nurse to inform the Board, in writing and on employer letterhead,

acknowledgment of the new supervising nurse's receipt of a copy of this Order to include the Findings of Fact and Conclusions of Law and the new supervising nurse's agreement to comply with the conditions of probation.

12. Acceptable Hours of Work

Respondent shall work only the day or evening shift. Evening shift is defined as a shift that

ends prior to midnight.

Within a 14-day period Respondent shall not work more than 84 scheduled hours. Respondent may work three 12-hour shifts in one seven day period and four 12-hour shifts in the other seven-day period, but Respondent may not work more than 3 consecutive 12-hour shifts during this probationary period. Respondent shall not work 2 consecutive 8 hour shifts within a 24 hour period or

be scheduled to work 16 hours within a 24 hour period.

13. Work Prohibited Respondent may not work for a nurse's registry, home health, traveling nurse agency, any other temporary employing agencies, float pool, or position in which the supervision requirements

identified above are unable to be maintained.

14. Performance Evaluations/Self-Reports By the first date on the Quarterly Reporting Due Date form, and quarterly thereafter, Respondent shall cause every employer Respondent has worked for to submit to the Board, in writing,

quarterly performance evaluations on the Board-approved form and completed by Respondent's direct

supervisor. In the event Respondent is not employed in nursing or attending nursing school during any quarter or portion thereof, Respondent shall submit to the Board, in writing, a self-report describing other employment or activities on the Board-approved form.

Receipt of confirmation of employment disciplinary action, including written

counseling(s), suspension, termination or resignation in lieu of termination from a place of employment, any of which pertains to improper patient care, unsafe practice, inappropriate medication removal or administration, substandard documentation, or impairment on duty, positive drug test showing evidence of any drug other than an authorized drug, and/or refusal to submit to an employer-

requested drug test, shall be investigated by Board staff. If the Board's designee reviews and

substantiates the employment disciplinary action, it shall be considered as noncompliance with the terms of the Order.

Failure to provide employer evaluations or if not working in nursing, self-reports, within 7 days of the reporting date is noncompliance with this Order. 15. Out-of-State Practice/Residence

. While this Order is in effect, and prior to accepting any out-of-state nursing

practice/employment, Respondent shall notify the licensing/certification Board of the State(s) in which

Respondent seeks to practice as a nurse of this Order and shall obtain authorization from the licensing/certification Board(s) to practice as a nurse in another State. Respondent shall direct the licensing Board of the other State(s) to submit authorization to the Board verifying Respondent is

approved to practice nursing in that State. Once authorization is received by the Board, Respondent

may submit a written request to the Board requesting an amendment to the Order to permit Respondent to fulfill the terms and conditions of this Order in that State. Respondent shall comply with all terms and conditions of this Order whether practicing

in Arizona or practicing in any other State.

16. Release of Information Forms Respondent shall sign all release of information forms as required by the Board or its designee and return them to the Board within 10 days of the Board's written request. Failure to provide

for the release of information, as required by this paragraph constitutes non-compliance with this Order.

17. Interview With the Board or Its Designee Respondent shall appear in person or, if residing out of state, telephonically for interviews with the Board or its designee upon request at various intervals and with notice of at least 2

days.

18. Renewal of License In the event the license is scheduled to expire while this Order if in effect, Respondent shall apply for renewal of the license, pay the applicable fee, and otherwise maintain qualification to

practice nursing in Arizona.

19. Change of Employment/Personal Address/Telephone Number

Respondent shall notify the Board, in writing, within 7 days of any change in nursing employment. Changes in nursing employment includes, but is not limited to, a change in nursing supervisor, the acceptance, resignation or termination of employment.

Respondent shall notify the Board, in writing, within 7 days of any change in personal

address or telephone number. Written notification shall be satisfied if Respondent updates his address through the Board's secure online "My Services" portal. 20. Obey All Laws

Respondent shall obey laws/rules governing the practice of nursing in this state and obey

all federal, state and local criminal laws. Respondent shall report to the Board, within 10 days, any misdemeanor or felony mTest, citation, or charge. Additionally, Respondent shall notify the Board of any felony or undesignated offense conviction within 10 days of the conviction.

21. Costs

Respondent shall bear all costs of complying with this Order. 22. Voluntary Surrender of License Respondent may, at any time this Order is in effect, voluntarily request surrender of

Respondent's license.

23. Violation of Probation If Respondent is noncom pliant with this Order in any respect, the Board or its designee may notify Respondent's employer of the noncompliance. Additionally, the Board may revoke

probation and take further disciplinary action for noncompliance with this Order after affording

Respondent notice and the opportunity to be heard. If a complaint or petition to revoke probation is filed against Respondent during probation, the Board shall have continuing jurisdiction until the matter is final, and the period of probation shall be extended until the matter is final. 24. Completion of Probation

Respondent is not eligible for early termination of this Order. When Respondent has

nine months left in the probationary period Respondent's compliance will be reviewed by the Board's designee. If Respondent has demonstrated compliance with all terms of the Order, Respondent will be eligible to participate in a "stepdown" component of the Order where attendance at and reports from

AA and Nurse Recovery Group will no longer be required. At the end of the probationary period,

Respondent shall request review by the Board, and after review by the Board, Respondent's nursing license may be fully restored by the appropriate Board action if compliance with this Order has been demonstrated.

Board Date: l\f 0\jf]l\lS£fL bf 2 O/q: <pu., ~ Joey Ridenour, R.N., M.N., F.A.A.N. Executive Director ARIZONA STATE BOARD OF NURSING

Acceptance Date: N uVf~\B£'K IS/ 2.,()J<c I

JRJVS

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.

DATED this 15th day of November , 2018.

ARIZONA STATE BOARD OF NURSING SEAL

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

COPY HAND-DELIVERED IN BOARD OFFICE this 15th day of November, 2018 to: Diane Kaye Tucker

COPIES mailed this 15th day of November, 2018, by First Class Mail and Certified Mail No. [account number redacted] 8945 to:

Diana Kaye Tucker 43301 W Caven Dr Maricopa, AZ 85138 COPIES of the foregoing mailed this 15th day of November, 2018, to: Case Management Office of Administrative Hearings . 11 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