FINACT18A-1707026-NUR.pdf

18A-1707026-NUR · State Board of Nursing · 2018-02-02

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: Raquel Sotelo Docket No. 18A-1707026-NUR ______________________________________________________________________________

On January 26, 2018, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Revoke Registered Nurse License No. RN179012 issued to Respondent, Raquel Sotelo.

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 FINDINGS OF FACT, NURSE LICENSE NO. RN179012 ISSUED TO: CONCLUSIONS OF LAW AND RAQUEL SOTELO. ORDER NO. 18A-1707026-NUR RESPONDENT.

A hearing was held before Thomas Shedden, Administrative Law Judge (“ALJ”), at 1400 West

Washington Suite 101, Phoenix Arizona, on November 2, 2017. Sunita A. Krishna, Assistant Attorney General, appeared on behalf of the State. Raquel Sotelo (“Respondent”) was not present and was not represented by counsel. On December 4, 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. The Arizona State Board of Nursing ("Board") is the authority for licensing and

regulating the practice of nursing in the State of Arizona. 2. Respondent Raquel Sotelo holds registered nurse license number RN179012, which had been summarily suspended prior to the hearing.

3. On September 28, 2017, the Board issued a Complaint and Notice of Hearing setting the

above-captioned matter for hearing at 1:00 p.m. November 2, 2017, at the Office of Administrative Hearings in Phoenix, Arizona.

4. Ms. Sotelo did not appear at the scheduled hearing time and the matter was convened in her absence at about 1:20 p.m. 5. The Board presented the testimony of Paulette Jones RN, a nurse practice consultant

with the Board's CANDO program. Ms. Jones has twenty-three years of experience, including work in

psychiatric nursing and in substance and alcohol abuse. 6. On May 13, 2016, Ms. Sotelo self-reported to the Board that she had been diverting from St. Luke's Medical center and using dilaudid. During an interview with the Board on May 13,

2016, Ms. Sotelo admitted that in June 2013 she had been convicted of driving under the influence and

that she had not reported that conviction to the Board. 7. On May 20, 2016, St. Luke's filed a complaint with the Board showing that Ms. Sotelo admitted to diverting medications and that she had resigned on May 13, 2016. 8. On May 18, 2016, Ms. Sotelo entered into a stipulated agreement through which she

entered the Board's CANDO program.

9. On April 12, 2017, Ms. Sotelo tested positive for Hydroxymidazolam. Ms. Sotelo initially denied taking any medications for which she did not have prescription, but eventually acknowledged taking a pill that her mother had given her.

10. On May 8, 2017, because of her positive drug test, Ms. Sotelo entered into an

Addendum to her CANDO agreement. 11. Through a letter dated May 12, 2017, the Board referred Ms. Sotelo for an independent substance abuse recovery evaluation. Through a letter dated May 15, 2017, Julian S. Pickens, Ed.D.

provided the Board with a report of his independent evaluation.

12. Dr. Pickens reported that Ms. Sotelo did not deny that the Board did not have confirmation that she had attended the meetings required of her. Dr. Pickens concluded that Ms. Sotelo had been non-compliant in working a program of recovery.

13. As part of her CANDO agreement, Ms. Sotelo was required to submit to drug testing.

Ms. Sotelo missed required drug screens on July 27, August 2, 11, 16, 21 and 30, 2017. As of the hearing date, Ms. Sotelo's last drug screen was on July 20, 2017. 14. By missing her required drug screens, Ms. Sotelo violated her CANDO agreement.

15. Ms. Sotelo was suspended from the Recovery Trek program for failing to pay the

required fee. 16. As part of her CANDO agreement, Ms. Sotelo was required to submit to the Board bi- monthly self-reports and AA/NA meeting attendance reports. Ms. Sotelo did not submit the required reports in November 2016, and March, May and July 2017. By failing to submit the required reports

Ms. Sotelo violated her CANDO agreement.

17. Ms. Sotelo failed to appear at an interview on July 28, 2017, as requested by the Board. By failing to appear at the interview, Ms. Sotelo violated her CANDO agreement. 18. On August 7, 2017, the Board received from Banner Estrella Medical Center a

complaint showing that Banner had discovered missing sharps containers and a review of video

surveillance showed that on July 17, 18, and 19, 2017, Ms. Sotelo had entered into locked med rooms as people exited those rooms and that she had opened the sharps containers. Ms. Sotelo was dressed in nursing scrubs but was not employed by Banner.

19. The Banner complaint shows that on July 21, 2017, Ms. Sotelo was observed at Banner

and was arrested and charged with burglary, possession of narcotics, trespass, and impersonation. Ms.

Sotelo admitted to the Phoenix police that she had taken drugs from the med room. It was determined that Ms. Sotelo had taken fentanyl. 20. Ms. Jones interviewed Banner's ICU manager who reported that on July 21, 2017, Ms.

Sotelo had several identification badges, including one from Banner. Ms. Jones also learned that Ms.

Sotelo had involved Banner employees in her theft by having them open med room doors for her. 21. The Phoenix police report shows that Ms. Sotelo was charged with impersonation because she was wearing scrubs and had the multiple IDs.

22. On July 25, 2017, through a Direct Complaint, Ms. Sotelo was charged with two counts

of burglary, one count of possession of burglary tools, and one count of possession or use of narcotics, all of which are felonies. 23. Ms. Sotelo did not report to the Board that she had been charged with these four felonies.

24. On October 25, 2017, Ms. Sotelo pleaded guilty to possession of burglary tools and

possession of drug paraphernalia, both of which are felonies. 25. Based on her actions, the Board terminated Ms. Sotelo from the CANDO program. 26. Ms. Jones provided credible testimony that Ms. Sotelo was a safety risk to the public and

to herself. Ms. Jones's opinion is that Ms. Sotelo cannot be regulated at this time.

CONCLUSIONS OF LAW

1. The Board bears the burden of persuasion. ARIZ. REV. STAT.§ 41-1092.07(G)(2).

2. The standard of proof on all issues is that of a preponderance of the evidence. ARIZ. ADMIN. CODE § R2-19-119. 3. 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).

4. The preponderance of the evidence shows that Ms. Sotelo committed a 16 felony, which

constitutes unprofessional conduct under ARIZ. REV. STAT. section 32-17 1601 (26)(b) 1.

5. The preponderance of the evidence shows that Ms. Sotelo engaged in conduct that is, or might be, harmful or dangerous to the health of a patient or the public, which constitutes unprofessional conduct under ARIZ. REV. STAT. section 32-1601 (26)(d).

6. The preponderance of the evidence shows that Ms. Sotelo was physically unsafe to a

degree that is or might be harmful or dangerous to the health of a patient or the public, which is unprofessional conduct under ARIZ. REV. STAT. section 32- 1601 (26)(e). 7. The preponderance of the evidence shows that Ms. Sotelo has committed acts that

deceive, defraud or harm the public, which constitutes unprofessional conduct under ARIZ. REV.

STAT. section 32-1601 (26)(h). 8. The preponderance of the evidence shows that Ms. Sotelo had failed to comply with her CANDO agreement, which is unprofessional conduct under ARIZ. REV.STAT. section 32-1601 (26)(i).

9. The preponderance of the evidence shows that Ms. Sotelo removed without

authorization a narcotic, drug, or controlled substance from a health care facility, which is a violation of ARIZ. ADMIN. CODE section 4-19-403(16) and unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(26)(d) and (j).

The current versions of the applicable statutes and rules are cited.

10. The preponderance of the evidence shows that Ms. Sotelo has engaged in a pattern of using or being under the influence of alcohol or drugs to the extent that judgment may be impaired and nursing practice detrimentally affected, which is a violation of ARIZ. ADMIN. CODE section 4-19-

403(17) and unprofessional conduct under ARIZ. REV. STAT. sections 32-1601 (26)(d) and (J).

11. The preponderance of the evidence shows that Ms. Sotelo failed to report to the Board that she had been charged with DUI within ten days of being charged, which is a violation of ARIZ. REV. STAT. section 32-3208(D), and ARIZ. ADMIN. CODE section 4-19-403(28) and is

unprofessional conduct under ARIZ. REV. STAT. sections 32-1601(26)(d) and (j).

12. The preponderance of the evidence shows that Ms. Sotelo failed to report to the Board that she had been charged with four felonies within ten days of being charged, which is a violation of ARIZ. REV. STAT. section 32-3208(D), and ARIZ. ADMIN. CODE section 4-19-403(28) and is unprofessional conduct under ARIZ. REV. STAT. sections 32-1601 (26)(d) and (j).

13. Because Ms. Sotelo has committed unprofessional conduct, the Board has authority to

revoke her registered nurse license. ARIZ. REV. STAT.§§ 32-1663 and 32-1664. 14. Considering the facts and circumstances of this matter, it is recommended that Ms. Sotelo's registered nurse license number RN 179012 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 RN119012 issued to Raquel Sotelo.

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 the said license pursuant to A.A.C. R4-19-404 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] 5968 and First Class Mail to:

Raquel Sotelo 9312 W Crown King Rd Tolleson, AZ 85353 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 Sunita A. Krishna Assistant Attorney General Arizona Attorney General’s Office SGD/LES 2005 North Central Avenue Phoenix, Arizona 85004

By: T. Smith