FINACT18A-1704072-NUR.pdf

18A-1704072-NUR · State Board of Nursing · 2018-01-30

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: January 26, 2018

RE: Brittany Deondra Gonzales Docket No. 18A-1704072-NUR ______________________________________________________________________________

On January 26, 2018, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Revoke Nursing Assistant License No. LNA1000053987 issued to Respondent, Brittany Deondra Gonzales.

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 LICENSED NURSING ASSISTANT LICENSE NO. FINDINGS OF FACT, LNA1000053987 CONCLUSIONS OF LAW ISSUED TO: AND ORDER NO. 18A- 1704072-NUR BRITTANY DEONDRA GONZALES, RESPONDENT A hearing was held before Dorinda M. Lang, Administrative Law Judge (“ALJ”), at 1400 West Washington Suite 101, Phoenix Arizona, on November 30, 2017. Elizabeth Campbell, Assistant

Attorney General, appeared on behalf of the State. Brittany Deondra Gonzales (“Respondent”) was not

present and was not represented by counsel. On December 26, 2017, the ALJ issued Findings of Fact, Conclusions of Law and Recommendations. On January 26, 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. Brittany Deondra Gonzales (“Respondent”) holds a nursing assistant license (number

LNA1000053987) issued by the Arizona Board of Nursing (“the Board”) in the State of Arizona.

2. On or about April 7, 2017, Respondent reported to the Board that she was convicted of a class six undesignated felony. On March 27, 2017, Respondent pled guilty and was convicted of Attempted Promoting Prison Contraband, a class six undesignated felony.

3. The matter was set for hearing but Respondent did not appear for it. At the hearing, the

Board submitted a Minute Entry from the court showing that Respondent had been convicted of a felony.

CONCLUSIONS OF LAW 1. The Arizona State Board of Nursing (“Board”) has jurisdiction over the practice of nursing in the State of Arizona pursuant to A.R.S. §§ 32-1606, 32-1663, 32-1664, and 41-1092.11(B).

2. A.R.S. § 32-1606(B)(16) requires the Board to revoke the license of a licensee who has

one or more felony convictions unless the felony has been designated a misdemeanor. In this case, it was undisputed that Respondent was convicted of a felony. No evidence was presented to show that a judge had designated Respondent’s felony a misdemeanor. Therefore, the Board is required by A.R.S.

§ 32-1606(B)(16) to revoke Respondent’s license.

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 nursing assistant license number LNA1000053987 issued to Brittany Deondra Gonzales. 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.

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. Respondent may apply for reinstatement of said license pursuant to A.A.C. R4-19-815 after a

period of five years

DATED this 26th day of January, 2018. ARIZONA STATE BOARD OF NURSING SEAL

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

COPIES mailed this 26th day of January, 2018, by Certified Mail No. [account number redacted] 1366 and First Class Mail to:

Brittany Deondra Gonzales 714 1st Avenue Miami, AZ 85539

COPIES of the foregoing mailed this 26th day of January, 2018, to:

Case Management Office of Administrative Hearings 1400 W Washington Ste 101 Phoenix AZ 85007

Elizabeth Campbell Assistant Attorney General Arizona Attorney General’s Office SGD/LES 2005 North Central Avenue Phoenix, Arizona 85004

By: T. Smith