FINACT18A-1506051-NUR.pdf
18A-1506051-NUR · State Board of Nursing · 2017-09-15
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: September 15, 2017
RE: Kalandra Rose Tsosie Docket No. 18A-1506051-NUR ______________________________________________________________________________
On September 15, 2017, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Affirm the Denial of Kalandra Rose Tsosie to practice as a Nursing Assistant.
The Board adopted the Findings of Fact, Conclusions of Law and Recommended Order in its entirety. THE ARIZONA STATE BOARD OF NURSING 4747 North 7th Street Ste. 200 Phoenix AZ 85014-3655 602-771-7800
IN THE MATTER OF DENIAL OF APPLICATION FOR NURSING ASSISTANT ORDER OF DENIAL LICENSURE BY: AFTER HEARING ORDER KALANDRA ROSE TSOSIE, NO. 18A-1506051-NUR APPLICANT.
On May 19, 2017, the Arizona State Board of Nursing (“Board”) considered the application for
nursing assistant licensure of Kalandra Rose Tsosie (“Applicant”). The Board denied the application and on June 15, 2017, the Board issued Order of Denial No. 1506051.
On July 14, 2017, Applicant requested a hearing on the Order of Denial, which was held on
August 29, 2017, before Administrative Law Judge (“ALJ”) Dorinda M. Lang at the Office of Administrative Hearings, 1400 West Washington, Suite 101, Phoenix, Arizona 85007. Elizabeth Campbell, Assistant Attorney General, appeared on behalf of the State. Applicant failed to appear.
On August 29, 2017, the ALJ issued Findings of Fact, Conclusions of Law and a Recommended
Decision and Order. On September 15, 2017, the Board met to consider the ALJ’s Recommended Decision and Order. Based on 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. Complainant failed to appear at the hearing set on Complainant’s behalf. CONCLUSIONS OF LAW 1. The burden of proof in this matter is on Complainant. See A.A.C. R2-19-119.
2. By failing to appear at the hearing, Complainant failed to meet the required burden of proof. Therefore, the appeal should be denied.
ORDER NOW THEREFORE, IT IS ORDERED that the Board’s denial of Kalandra Rose Tsosie to practice as a licensed nursing assistant in Arizona is affirmed and upheld.
RIGHT TO PETITION FOR REHEARING OR REVIEW
Pursuant to A.R.S. § 41-1092.09, Applicant 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 Deparment, 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 Applicant fails to file a motion for rehearing or
review within 30 days after service of this decision, Applicant 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 September, 2017. ARIZONA STATE BOARD OF NURSING SEAL Joey Ridenour, R.N., M.N., F.A.A.N. Executive Director
COPIES mailed this 15TH day of September, 2017, by First Class Mail and Certified Mail No. [account number redacted] 9569 to:
Kalandra Rose Tsosie PO Box 3155 Window Rock, AZ 86504
COPY mailed this 15TH day of September, 2017 to:
Elizabeth Campbell Assistant Attorney General 1275 W Washington Phoenix AZ 85007 COPY sent electronic mail this 15TH day of September, 2017, to: [email redacted] Case Management Office of Administrative Hearings 1400 W Washington, Suite 101 Phoenix AZ 85007
By: T. Smith
BEFORE THE ARIZONA STATE BOARD OF NURSING
IN THE MATTER OF APPLICATION FOR NURSING ASSISTANT LICENSURE BY: ORDER OF DENIAL NO. 1506051 KALANDRA ROSE TSOSIE,
APPLICANT
On May 19, 2017, the Arizona State Board of Nursing (“Board”) considered the application for
nursing assistant licensure of Kalandra Rose Tsosie (“Applicant”).
FINDINGS OF FACT
1. On or about July 15, 2015, Kalandra Rose Tsosie, Applicant applied for
certification as a Nursing Assistant by Endorsement to the Board. Based upon Applicant’s
information received during the investigative process an investigation was initiated.
2. On or about February 1, 2013, in incident #2013-00004646, The Gallup Police
Department of Gallup, New Mexico arrested Applicant for Shoplifting, a misdemeanor. In
Applicant’s written response, she admitted to the February 1, 2013 arrest for shoplifting. On or
about February 1, 2013, in the Municipal Court of McKinley County, New Mexico, pursuant to a
plea of guilty, Applicant was convicted of Shoplifting, a misdemeanor.
3. On or about May 11, 2013, incident #2013-00020628, The Gallup Police
Department of Gallup, New Mexico arrested Applicant for Larceny-Shoplifting. On or about
May 11, 2013, case # [number redacted], in the Gallup Magistrate Court, for Gallup, NM, charges
were filed against Applicant for Shoplifting ($250 or Less). On or about April 21, 2017 based on
a Bench Warrant, Applicant was ordered to jail in lieu of fees and fines. 4. On or about August 28, 2016, incident #AZ0040600, the Payson Police
Department, Payson, AZ received information of a wrong way driver on the highway. Applicant
was involved in a one-car collision. On August 28, 2016 the Payson Regional Justice Court,
County of Gila, AZ case # 2016-042674, issued a Traffic Ticket and Complaint for DUI
Liquor/Drugs/Vapors 1st, DUI Liquor BAC .08 or More 1st and No Valid Driver License. On or
about December 20, 2016, case #J-0404-TR-[number redacted] the court issued a Warrant for Arrest
for Failure to Appear. No conviction to date has been completed.
5. On or about November 14, 2016, Board staff mailed a letter explaining a change
in her investigator to Applicant at the address provided on Applicant’s application. The letter was
returned from the United States Postal Service which indicated “return to sender, attempted, not
known, unable to forward.” On or about December 21, 2016, Board staff attempted to contact
Applicant at the email address provided in the application and the email was returned as
undeliverable. On or about December 21, 2016, Board staff left a voicemail message for
Applicant asking Applicant to return the call to Board staff, on the phone number provided on
the application. On or about December 22, 2016, Applicant returned Board staff’s phone
message and stated she would send arrests and court records by January 15, 2017. Applicant did
not provide any documentation as requested. On or about February 8, 2017, Board staff called the
phone number on record and spoke with a female who stated she was Applicant’s family member
who said she would pass a message to Applicant to contact the Board. Applicant failed to
provide a written explanation of events leading up to the arrest and failed to provide copies of
police arrests and court documents as required. Applicant also failed to provide an updated
address of record with the Board within 10 days of changing her address.
6. On May 19, 2017, the Board considered the matter and voted to deny Applicant’s
nursing assistant application.
CONCLUSIONS OF LAW
In light of the above Findings of Fact, the Board has cause to deny the application for
nursing assistant licensure of Kalandra Rose Tsosie pursuant to A.R.S. § 32-1646 and 32-
1663(A) and (B), as defined in A.R.S. § 32-1601(22/24) (d)Any conduct or practice that is or
might be harmful or dangerous to the health of a patient or the public; (h) Committing an act that
deceives, defrauds or harms the public and (j) Violating this chapter or a rule that is adopted by
the board pursuant to this chapter ( effective 2012 and July 1, 2016) and A.A.C. § R4-19-814
(15) Removing, without authorization, any money, property, or personal possessions, or
requesting payment for services not performed from a patient, resident, employer, co-worker, or
member of the public (25) Failing to cooperate with the Board during an investigation by: (a)
Not furnishing in writing a complete explanation of a matter reported under A.R.S. § 32-1664;
(b) Not responding to a subpoena or written request for information issued by the Board and (d)
Not informing the Board of a change of address or phone number within 10 days of each change;
and (33)Violation of any other state or federal laws, rules or regulations (adopted September 8,
2014).
ORDER
NOW THEREFORE, IT IS ORDERED that the application of Kalandra Rose Tsosie for
to practice as a Nursing Assistant in the State of Arizona is denied and any temporary certificate
issued to Applicant is hereby revoked. Pursuant to A.A.C. R4-19-609, the effective date of the
Order of Denial is upon expiration of the time for filing an appeal, 30 days after the date of
service of the Order of Denial.
IT IS FURTHER ORDERED that Applicant is not eligible to reapply for said license
pursuant to A.A.C. R4-19-815 for at minimum, five years from the effective date of the Order of
Denial.
PURSUANT TO A.R.S. § 41-1092.03, any person aggrieved by this Order may apply to
the Board, in writing, within thirty days of receipt and request a public hearing with respect to
this Order. If you request a public hearing with respect to this order, you also have the right to
request an informal settlement conference by filing a written request with the Board, pursuant to
A.R.S. § 41-1092.06, no later than 20 days before the scheduled hearing. The conference will be
held within 15 days after receipt of your request. Please note that you waive any right to object
to the participation of the Board’s representative in the final administrative decision of the matter
if it is not settled at the conference. For answers to questions regarding the appeals process,
contact the Hearing Department at (602) 771-7844.
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 JR/PM:rc
COPY mailed this 15th day of June , 2017, by First Class Mail and by Certified Mail No. [account number redacted] 4602 to:
Kalandra Rose Tsosie PO Box 1195 Ft Defiance, AZ 86504
By: R. Carr Legal Secretary