ALJDEC decisions subject to certification as final

18A-1704072-NUR · State Board of Nursing · 2017-12-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF THE NURSING

ASSISTANT LICENSE NO. LNA1000053987

ISSUED TO:

BRITTANY DEONDRA GONZALES,

RESPONDENT

No. 18A-1704072-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 30, 2017

APPEARANCES: Elizabeth Campbell, Attorney for the Board of Nursing; Kirk Olson, witness; Mary Davis, court reporter

ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang

_____________________________________________________________________

After investigating the report of a felony conviction by a licensee, the Arizona Board of Nursing properly determined that Arizona law requires it to revoke the licensee’s license.

FINDINGS OF FACT

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.

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.

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

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).

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.

RECOMMENDED DECISION

Based on the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that Respondent’s license be revoked.

Done this day, December 26, 2017.

/s/ Dorinda M. Lang

Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director

State Board of Nursing