FINACT18A-1412016-NUR.pdf

18A-1412016-NUR · State Board of Nursing · 2018-05-22

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: May 21, 2018

RE: Jennifer Marie Dobbins Docket No. 18A-1412016-NUR ______________________________________________________________________________

On May 18, 2018, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Revoke Registered Nurse License No. RN182076 issued to Jennifer Marie Dobbins.

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 THE REGISTERED NURSE LICENSE NO. RN182076 FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER NO. 18A-1412016-NUR JENNIFER MARIE DOBBINS, RESPONDENT

A hearing was held before Velva Moses-Thompson, Administrative Law Judge (“ALJ”), at

1740 West Adams Street, Lower Level, Phoenix Arizona, on April 19, 2018. Sunita A. Krishna, Assistant Attorney General, appeared on behalf of the State. Jennifer Marie Dobbins (“Respondent”) was not present and was not represented by counsel.

On May 4, 2018, the ALJ issued Findings of Fact, Conclusions of Law and Recommendations.

On May 18, 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

1. The Arizona State Board of Nursing issued registered nurse license No. RN182076 to Jennifer Marie Dobbins. Ms. Dobbins’s license was summarily suspended prior to the hearing. 2. On December 3, 2014, Ms. Dobbins worked the night shift as an RN at Flagstaff Medical Center. During her shift, Ms. Dobbins removed a total of eight Percocet tablets for Patient RY

at 5:54 p.m., Patient LM at 3:09 p.m., Patient DJ at 3:09 p.m., and Patient TT at 3:10 p.m. However,

two of the patients did not have orders for Percocet. There is no documentation in the medical records that Percocet was given, wasted, or returned.

3. On or about May 4, 2017, Ms. Dobbins tested positive for cocaine 1 and opiates while employed at Camelback Care Center. Camelback Care Center terminated Ms. Dobbins’s employment for violating the facility’s drug free workplace policy.

4. On June 13, 2017, the Texas Board of Nursing Eligibility and Disciplinary Committee

revoked Ms. Dobbins’s Texas RN license No. 841328 for diversion of medication from East Texas Medical Center, Tyler, TX, in July 2016. 5. On February 6, 2015, Board staff sent an Investigative Questionnaire to Dobbins’s

address of record with instructions to fill out and return the questionnaire.

6. On June 8, 2017, Board staff sent a second Investigative Questionnaire to Dobbins’s address of record with instructions to fill out and return the questionnaire. 7. On February 13, 2018, Board staff send a third Investigative Questionnaire to Dobbins’s address of record with instructions to fill out and return the questionnaire.

8. Ms. Dobbins did not responded to the investigative questionnaires.

9. On March 22, 2018, the Board summarily suspended Ms. Dobbins’s RN license. 10. On April 5, 2018, the Board issued a Complaint and Notice of Hearing setting the above-captioned matter for hearing on April 19, 2018 at 9:00 a.m., at the Office of Administrative

Hearings in Phoenix, Arizona.

11. The Complaint and Notice of Hearing provides that the issue for determination is whether grounds exist to take disciplinary action, including suspension or revocation against Ms. Dobbins who holds RN license No. RN182076.

12. On April 5, 2018, the Complaint and Notice of Hearing was issued to Ms. Dobbins at

her address of record.

1Cocaine is a Narcotic drug. Ariz. Rev. Stat. section 13-3401(5) and (20)(bb). It is illegal to possess or use Narcotic drugs. Ariz. Rev. Stat. section 13-3408

13. A hearing was held on April 19, 2018. 14. Although the start of the hearing was delayed approximately 17 minutes to provide additional time for Ms. Dobbins to arrive, Ms. Dobbins did not appear for the hearing. No

representative for Ms. Dobbins appeared on her behalf at the hearing.

15. At hearing, the Board presented the testimony of Ruth Kish, RN, a Nurse Practice Consultant for the Board, and submitted exhibits 1 through 11. CONCLUSIONS OF LAW

1. This matter lies within the Board’s jurisdiction under ARIZ. REV. STAT. § 32-

1606(A)(8). 2. The Board bears the burden of persuasion to establish cause to penalize Ms. Dobbins’s registered nurse license. ARIZ. REV. STAT. § 41-1092.07(G)(2); 3. The Board’s burden is a preponderance of the evidence. ARIZ. ADMIN. CODE § R2-

19-119.

4. 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). 5. The facts, as set forth previously, establish that Ms. Dobbins committed unprofessional conduct as defined by ARIZ. REV. STAT. section 32-1601(26)(d) 2, (f) 3, (h) 4,(j); A.A.C. R4-19-403(1),

(8), (9), (16), (18), and (25).

2For conduct occurring before August 9, 2017, ARIZ. REV. STAT. section 32-1601(24)(d), which was effective July 1, 2016, and had language identical to the 2017 statute, applies. For conduct occurring before July 1, 2016, A.R.S. § 32-1601(22)(d), which was effective August 2, 2012, and

6. Because Ms. Dobbins has committed unprofessional conduct, the Board has authority to revoke her registered nurse license. ARIZ. REV. STAT. § 32-1663(D); and § 32-1664(O). 7. Given Ms. Dobbins’s egregious behavior and her failure to appear at the duly noticed

hearing, Mr. Dobbins has demonstrated that she cannot be regulated at this time.

8. Considering the facts and circumstances of this matter, it is recommended that Ms. Dobbins’s registered nurse license number RN182076 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 registered nurse license number RN182076 issued to Jennifer Marie Dobbins. 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

had language identical to the 2016 statute, applies. For conduct occurring before August 9, 2017, ARIZ. REV. STAT.. § 32-1601(24)(f), which was effective July 1, 2016, and had language identical to the 2017 statute, applies. For conduct occurring before July 1, 2016, A.R.S. § 32-1601(22)(f), which was effective August 2, 2012, and had language identical to the 2016 statute, applies. For conduct occurring before August 9, 2017, ARIZ. REV. STAT.§ 32-1601(24)(h), which was effective July 1, 2016, and had language identical to the 2017 statute, applies. For conduct occurring before July 1, 2016, ARIZ. REV. STAT. § 32-1601(22)(h), which was effective August 2, 2012, and had language identical to the 2016 statute, applies.

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 18th day of May, 2018.

ARIZONA STATE BOARD OF NURSING SEAL

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

COPIES mailed this 21st day of May, 2018, by First Class Mail and Certified Mail No. [account number redacted] 5661 to:

Jennifer Marie Dobbins PO Box 11202 Tucson, AZ 85756

COPIES of the foregoing mailed this 21st day of May , 2018, to:

Case Management Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix AZ 85007

Sunita A. Krishna Assistant Attorney General Arizona Attorney General’s Office 2005 North Central Avenue Phoenix, Arizona 85004

By: T. Smith