ALJDEC decisions subject to certification as final
18A-1707026-NUR · State Board of Nursing · 2017-12-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF REGISTERED NURSE LICENSE NO. RN179012
ISSUED TO:
RAQUEL SOTELO,
RESPONDENT
No. 18A-1707026-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 2, 2017
APPEARANCES: No one appeared for Respondent; Sunita A. Krishna, Esq. for the Board of Nursing
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
_____________________________________________________________________
FINDINGS OF FACT
The Arizona State Board of Nursing (“Board”) is the authority for licensing and regulating the practice of nursing in the State of Arizona.
Respondent Raquel Sotelo holds registered nurse license number RN179012, which had been summarily suspended prior to the hearing.
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.
Ms. Sotelo did not appear at the scheduled hearing time and the matter was convened in her absence at about 1:20 p.m.
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.
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.
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.
On May 18, 2016, Ms. Sotelo entered into a stipulated agreement through which she entered the Board’s CANDO program.
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.
On May 8, 2017, because of her positive drug test, Ms. Sotelo entered into an Addendum to her CANDO agreement.
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.
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.
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.
By missing her required drug screens, Ms. Sotelo violated her CANDO agreement.
Ms. Sotelo was suspended from the Recovery Trek program for failing to pay the required fee.
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.
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.
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.
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.
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.
The Phoenix police report shows that Ms. Sotelo was charged with impersonation because she was wearing scrubs and had the multiple IDs.
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.
Ms. Sotelo did not report to the Board that she had been charged with these four felonies.
On October 25, 2017, Ms. Sotelo pleaded guilty to possession of burglary tools and possession of drug paraphernalia, both of which are felonies.
Based on her actions, the Board terminated Ms. Sotelo from the CANDO program.
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
The Board bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(2).
The standard of proof on all issues is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.
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).
The preponderance of the evidence shows that Ms. Sotelo committed a felony, which constitutes unprofessional conduct under Ariz. Rev. Stat. section 32-1601(26)(b).
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).
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).
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).
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).
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 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).
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).
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).
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.
Considering the facts and circumstances of this matter, it is recommended that Ms. Sotelo’s registered nurse license number RN179012 be revoked.
RECOMMENDED ORDER
IT IS ORDERED that Raquel Sotelo’s registered nurse license number RN179012 is revoked.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be five days from the date of that certification.
Done this day, December 4, 2017
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing