FINACT19A-1410087-NUR.pdf

19A-1410087-NUR · State Board of Nursing · 2020-01-28

Doug Ducey Joey Ridenour Govvernor Executive Director

Arizona State Board of Nursing 1740 West Adams Street, Suite 2000 Phoenix, AZ 85007-2607 Phone: (602) 771-7800 Homepage: http://www.azbn.gov

TO: Case Management Office of Administrative Hearings

FROM: Trina Smith Legal Assistant Hearing Department

DATE: January 27, 2020

RE: JACQUELINE AMIOT GONZALEZ Docket No. 19A-1410087-NUR ______________________________________________________________________________

On January 24, 2020, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), in which the ALJ Recommend the Board place Jacqueline Amiot Gonzalez’s Registered Nurse License Number RN171133 on a 36 month probation to include a comprehensive psychological evaluation (to include a sexual misconduct evaluation) to be scheduled within 30 days and completed within 60 days, and that Respondent complete all evaluator recommendations, and submit employer monitoring and reports.

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 REGISTERED NURSE LICENSE NO. RN171133 FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER JACQUELINE AMIOT GONZALEZ, NO. 19A-1410087-NUR RESPONDENT

A hearing was held before Tammy L. Eigenheer, Administrative Law Judge (“ALJ”), at 1740

West Adams Street, Lower Level, Phoenix Arizona, on August 13, 2019, October 16, 2019 and October 17, 2019. Elizabeth A. Campbell, Assistant Attorney General, appeared on behalf of the State. Jacqueline Amiot Gonzalez (“Respondent”) appeared in person and was represented by Teressa M.

Sanzio, Attorney at Law.

On January 16, 2020, the ALJ issued Findings of Fact, Conclusions of Law and Recommendations. On January 24, 2020, 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 BACKGROUND AND PROCEDURE 1. The Arizona State Board of Nursing (Board) has the authority to regulate and control the practice of nursing in the State of Arizona, pursuant to Sections 32-1606, 1663, and 1664 of the

Arizona Revised Statutes. The Board also has the authority to impose disciplinary sanctions against the

holders of nursing licenses for violations of the Nurse Practice Act, A.R.S. §§ 32-1601 to -1669 and A.A.C. R4-19-101 to -815.

2. Jacqueline Amiot Gonzalez (Respondent) holds Board-issued Registered Nurse License No. RN171133 in the State of Arizona, which was first issued in 2011. 3. On February 21, 2019, the Board issued a Complaint and Notice of Hearing, alleging

that cause existed to discipline Respondent’s registered nurse license under A.R.S. § 32-1601(26)(d),

(i), and (j) 1; and A.A.C. R4-19-403(4), (26), and (31). 2 4. The Board referred the matter to the Office of Administrative Hearings (the OAH), an independent agency, for an evidentiary hearing. A hearing was held on August 13, 2019, October 16,

2019, and October 17, 2019.

5. The Board submitted eight exhibits and presented the testimony of Respondent; Peter Wittenberg, Senior Investigator with the Board; Janeen Dahn, Associate Director of Hearings and Monitoring with the Board. Respondent submitted ten exhibits and presented the testimony of Joshua Quick, Jason Spangler, Kymberly Schad, and Respondent.

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1 A.R.S. § 32-1601(26) defines “unprofessional conduct” to include, in pertinent part, as follows: (d) Any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public. .... (i) Failing to comply with a stipulated agreement, consent agreement or board order. (j) Violating this chapter or a rule that is adopted by the board pursuant to this chapter. A.A.C. R4-19-403 defines “unprofessional conduct” to include the following: 4. Engaging in sexual conduct with a patient, resident, or any family member of a patient or resident who does not have a pre-existing relationship with the nurse, or any conduct in the work place that a reasonable person would interpret as sexual; .... 26. Making a written false or inaccurate statement to the Board or the Board’s designee in the course of an investigation; .... 31. Practicing in any other manner that gives the Board reasonable cause to believe the health of a patient or the public may be harmed.

HEARING EVIDENCE 6. On or about October 24, 2014, the Banner Good Samaritan Medical Center (Banner) in Phoenix, Arizona, reported that Respondent was terminated following an investigation into allegations

of sexual harassment and professional misconduct.

7. As a result, the Board initiated an investigation. 8. Respondent started her employment as a registered nurse with Banner in 2012. 9. On or about August 19, 2014, Respondent was coached about a concern raised by her

peers. The summary of the discussion was documented as follows:

Molly Mazzo RN Manager and I met with [Respondent] to review a concern that was brought forward. It was reported to me that [Respondent] was overheard telling a colleague she had an alcohol problem. [Respondent] denied that this was true, she states the conversation was misheard. We then talked about professionalism and boundaries at work. Discussed the need to not have conversations about her private life in front of peers and patients. She agreed she tends to overshare details of her life that are not appropriate and she agreed to be much more cautious. Offered to be of assistance, look @ EAP, STD, if the need arises.

10. On or about October 15, 2014, Linda Scrofano, Banner Human Resources Consultant,

recommended Respondent’s termination. In her write up of her investigation, Ms. Scrofano described the matter as follows: Situation: Complaints were brought to, Abbi Heater, that [Respondent] was openly discussing her sexual activity on the unit during working hours within earshot of patients. [Respondent] has refused to participate in the investigative process. Background: After a thorough investigation, we have learned that [Respondent] has discussed specific sex acts, described in detail a specific doctor’s genitals, offered to show pictures of a coworker’s genitals to other coworkers, pushed herself up against a male employee while telling him that she wants her boobies all over him and she has made numerous comments within earshot of both her coworkers and patients that employees have considered lewd and inappropriate. I attempted to reach [Respondent] via phone on Thursday, October 9, 2014 to set up an appointment for her to address these concerns through participation in the investigative process. A message was left on [Respondent’s] voice mail simply asking her to call back to set up a meeting with HR. [Respondent] did not return that call. On Friday, October

10th, [Respondent] sent an email to her Director, Charlotte Ciudad, indicating that she was resigning because HR was not contacting her to let her know what is going on with her employment status. Upon learning of this email, I again called [Respondent] on Monday, October 13th and left another message requesting that she call me to set up a time to meet. She did respond to this message on Tuesday, October 14th by calling me back. After calling me two or three times to change proposed dates, she finally settled on a meeting date of Wednesday, October 15, 2014 at 11:00 AM. [Respondent] then called me back late on Tuesday afternoon to state that she had spoken with counsel and that she would need to know the specifics of the investigation prior to agreeing to come in to meet with HR. I advised her that the topic of the investigation was an allegation of unprofessional conduct including alleged sexual harassment. [Respondent] indicated that without specific information, upon advice of counsel, she would likely not participate in the investigative process. I advised her that if she chose not to participate, a determination on the matter would be made without the benefit of her statement. [Respondent] stated that she would seek further advice from her attorney and would call back to advise whether or not she would participate in the investigative process. [Respondent] called back again on Wednesday morning to advise that she would not participate in the investigative process. She went on to say that she wanted it on record that whatever it is she is accused of she did not do it. Assessment: Based on all of the information gathered during the investigation, it si my determination that [Respondent] has engaged in a pattern of unprofessional conduct over a significant period of time. This behavior was of a sexual nature towards her coworkers but potentially may have been overheard by patients. Recommendation: Based on the facts available, I am recommending termination of employment for unprofessional conduct. This may be reportable to the AZ Board of Nursing which states the following conduct or practice should be reported: Conduct which leads to the dismissal for unsafe nursing practice or conduct or other unprofessional conduct.

11. On or about October 17, 2014, Banner terminated Respondent’s employment based on the results of its investigation. 12. On or about November 26, 2014, Respondent returned an Investigative Questionnaire to the Board. In response to the question, “Do you have any previous criminal convictions?” Respondent

did not disclose her June 19, 2003 arrest in Scottsdale, Arizona, that resulted in a January 4, 2004,

conviction for driving with spirituous liquor in the body when under 21. 13. Respondent started her employment as a registered nurse with Dignity Health/St. Joseph’s Hospital & Medical Center (Dignity Health) in October 2014.

14. In March 2015, Dignity Health gave Respondent a verbal warning regarding inappropriate conduct. 15. On or about August 13, 2015, Respondent received a written warning from Dignity

Health for “Inappropriate Conduct”. The description of the infraction was recorded as follows:

There have been multiple complaints regarding inappropriate conversations in the department regarding your sexual activities outside of the workplace. This includes showing pictures on your cell phone in the nursing area. This is offensive to your coworkers and unprofessional to the patient population that hears or witnesses these conversations. You were given a verbal warning in March 2015 in regards to inappropriate conduct as well as given the Code of Conduct policy.

16. The plan for improvement was listed as “[Respondent] will immediately refrain from personal and inappropriate conversations within the work environment. Cell phone usage is only permissable [sic] outside of the nursing area.” 17. On or about September 6, 2015, Respondent was handing off patients at the end of her

shift in the emergency department. While within earshot of patients, Respondent told the incoming

nurse that a certain patient was “being quite bitchy.” Respondent’s comments were heard by others. 18. On or about September 9, 2015, Respondent was working in the emergency department. At some point during her shift, she discharged a patient and erroneously included in the patient’s

discharge paperwork a different patient’s discharge paperwork. The patient returned to the emergency

room later in the day to return the wrong paperwork. 19. On or about September 10, 2015, Respondent was terminated from Dignity Health. The reason for the termination was documented as follows:

Rude and inappropriate interactions with others Misuse of/Failure to properly care for protected health information

20. On or about October 25, 2015, Respondent applied for a job with Maricopa Integrated Health System (Maricopa). In her application, Respondent indicated her reason for leaving Dignity Health as “Scheduling Conflict” and her reason for leaving Banner as “Wanting ED experience.”

21. On or about November 3, 2017, Respondent received a written counseling from

Maricopa. The facts leading to the written counseling were documents as follows: 1. Doing homework at work station during company time. 2. Lack of professionalism; Use of personal cell phone in the clinic, discussing personal life with other staff, use of profanities and vulgar language in clinic and around other staff. 3. Losing focus on the job. 4. Not getting along with coworkers. 5. Requesting prescription drugs from providers without an actual documented visit.

22. In April 2018, Respondent began working at Maricopa Ambulance as a Registered

Nurse. 23. During the course of his investigation in 2018, Senior Investigator Wittenberg interviewed Charlotte Ciudad, Banner RN Manager; Molly Mazzo, Banner RN Supervisor; Kimberly

Quigley, Dignity Health RN; Deanna Mast, Dignity Health RN; and Respondent.

24. During her June 25, 2018 interview, Ms. Mazzo disclosed to Mr. Wittenberg that Respondent had some minor issues while employed with Banner including discussing her personal problems, using inappropriate language, showing up late, and doing homework during slow times. Ms. Mazzo stated she believed Respondent was a good nurse and denied any knowledge indicating

Respondent had a substance use disorder.

25. During her August 2, 2018 interview, Ms. Ciudad informed Mr. Wittenberg that she conducted the investigation of Respondent after she received complaints from male nurses and other healthcare providers indicating they felt they were being sexually harassed by Respondent. Ms. Ciudad

interviewed five males who worked with or in the same area as Respondent and she recalled three or

four of them described that Respondent went out of her way to rub her breasts up against them, offered them sexual favors together with comments that their spouses would never find out, and showed them nude or nearly nude and revealing photographs of herself on her cell phone. Ms. Ciudad indicated

Respondent did not have any issues regarding patient care, documentation, or other areas of her

practice. 26. During her August 13, 2018 interview, Ms. Quigley told Mr. Wittenberg that Respondent had been in a relationship with a paramedic while employed at Dignity Health. Ms.

Quigley recalled having received five or six complaints about Respondent’s inappropriate conduct at

work. When Ms. Quigley interviewed the twelve nurses who worked with Respondent, all twelve said Respondent was often inappropriately sharing personal information. Ms. Quigley stated that Respondent would share details of their relationship including their sexual encounters and had shown other nurses nude photographs of her boyfriend and nude photographs of her with her boyfriend.

27. During her August 15, 2018 interview, Ms. Holzworth related to Mr. Wittenberg that

complaints had been made that Respondent had been describing things she did sexually with her boyfriend. Ms. Holzworth indicated that, during the investigation, Respondent acknowledged using profane and foul language in the workplace.

28. On or about May 15, 2018, Respondent participated in a telephonic interview with Mr.

Wittenberg. Mr. Wittenberg recorded that Respondent admitted that she occasionally used profanity around coworkers, but never where a patient could overhear. 29. On or about August 28, 2018, Respondent participated in an in-person interview with

Mr. Wittenberg and was accompanied by her attorney, Ms. Sanzio. Mr. Wittenberg recorded that

Respondent admitted “to flirting and some frottage (rubbing herself against others in a sexual manner)” and that she discussed “her sex life with friends she was working with and she [was] surprised they

complained.” Mr. Wittenberg indicated that Respondent “adamantly denied that she ever showed any nude photographs of anyone including herself to anyone.” Respondent also stated that during a conversation with her Maricopa manager addressing some of her issues, Respondent realized that she

was creating the problems despite her earlier belief that other people were the problem. Respondent

was referred to the Employee Assistance Program and she started counseling. Respondent stated she was still in counseling as of the time of the interview, but would not release her therapy records to the Board.

30. At hearing, Respondent denied making any such admissions during the interview. 3

31. On or about September 13, 2018, the Board reviewed Respondent’s case and voted to issue an interim order for Respondent to submit to a comprehensive psychological evaluation to include a sexual misconduct evaluation to be completed within 45 days of the service of the order. 32. On or about September 20, 2018, the Board issued the Interim Order.

33. As of the date of the hearing, Respondent had not completed the evaluation as ordered.

34. At hearing, Respondent testified that she had no information regarding the allegations at Banner when she refused to participate in the investigation and was ultimately terminated. Respondent indicated she did not participate based on the advice of her brother-in-law, an attorney in a different

jurisdiction. Respondent denied engaging in any of the alleged sexually-related behavior she was

accused of at Banner, Dignity Health, or Maricopa. Respondent indicated that in 2013 and 2014, her primary source of stress was her separation from her then-husband. Respondent stated she would have to make sure her children were safe, had been picked up, and were being properly cared for.

3 Ms. Sanzio, Respondent’s counsel, made insinuations during the hearing that she also disagreed with Mr. Wittenberg’s account of the interview. In her written closing argument, Ms. Sanzio avowed that Respondent did not admit to frottage or any other sexually-oriented or sexually-directed behavior. Ms. Sanzio did not testify as a fact witness during the hearing and the Board was not afforded an opportunity to cross examine Ms. Sanzio as to her statements. Accordingly, her avowals are not evidence in this matter.

Respondent indicated these concerns were the reason she used her cell phone while at work so much. Respondent testified that in August 2019, she was rehired at a different Dignity Health facility. 35. Respondent presented the testimony of character witnesses including former coworkers.

Mr. Quick, Respondent’s co-worker at Banner, stated that the level of what one can share with co-

workers depends on the individuals; that something may be offensive to one person, but may not be offensive to another person. Mr. Spangler, Paramedic Supervisor at Maricopa Ambulance, denied having heard of any inappropriate behavior from Respondent. Ms. Schad, Respondent’s co-worker at

Banner, stated that when she went to lunch with Respondent, they would discuss personal topics such

as Respondent’s children, ex-husband, and dates with a doctor. CONCLUSIONS OF LAW 1. This matter lies within the Board’s jurisdiction under A.R.S. § 32-1606(B)(10). 2. The Board bears the burden of proof and must establish cause to penalize Respondent’s

registered nurse license by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C.

R2-19-119(A) and (B)(1); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). 3. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE §

5 (1960). A preponderance of the evidence is “evidence which is of greater weight or more convincing

than evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” BLACK’S LAW DICTIONARY 1120 (8th ed. 2004). 4. Respondent first argued that the Board lacked reasonable cause to issue the interim

order, and therefore, Respondent’s failure to comply with the terms of the interim order cannot be the

basis for a disciplinary action against Respondent’s license. Respondent asserted that she requested this hearing to challenge the interim order, however, no evidence was presented as to the timing and nature

of Respondent’s hearing request. Regardless, the Complaint and Notice of Hearing issued in this matter does not indicate the Administrative Law Judge is charged with determining whether the interim order was properly promulgated. Rather, the Complaint and Notice of Hearing sets forth the issues for

hearing to include whether Respondent committed unprofessional conduct when she failed to comply

with the interim order. 5. The Administrative Law Judge makes no findings as to whether the Board had reasonable cause to issue the interim order. It was uncontested that Respondent did not comply with the

interim order.

6. Respondent next argued that all of the allegations against her, especially those related to her sexually-related behavior, were based “on hearsay upon hearsay upon hearsay” and therefore, should not be found to have occurred. While it is true that the employers at issue failed to record or relate to the Board the name of the persons who filed complaints against Respondent, hearsay is

admissible in proceedings before the Office of Administrative Hearings.

7. It is noted that each of the complaints noted in Respondent’s employment records lack specific details as to who filed the complaints, the exact nature of the comments made, and the timing of the conduct. However, the similarity of the complaints raised in three separate and distinct

workplaces cannot be ignored. At Banner, Dignity Health, and Maricopa, Respondent was alleged to

have overly shared details of her personal life with coworkers and to have shown coworkers explicit photos of her significant others and/or of herself on her cell phone. Those similarities, taken together, lend credibility to each of the other allegations.

8. On the investigative questionnaire, Respondent falsely answered that she did not have

any previous criminal convictions.

9. Accordingly, the Board established that Respondent engaged in unprofessional conduct as defined by A.R.S. § 32-1601(26)(d), (i), and (j); and A.A.C. R4-19-403(4), (26), and (31). Thus, the Board established cause to impose a disciplinary sanction against Respondent’s license under A.R.S. §

32-1663(D) 4 and A.R.S. § 32-1664(N). 5

ORDER In view of the above the Findings of Fact, Conclusions of Law, the Board hereby issues the following Order:

A. Respondent’s license is placed on probation for at minimum, 36 months. Prior to

termination of probation, Respondent shall work as a registered nurse for a minimum of 36 months (not less than sixteen hours a week). B. While this Order is in effect and/or Respondent’s license is subject to discipline, up to and including revocation or voluntary surrender, Respondent is not eligible to renew any other expired

license or certificate previously held by Respondent without prior review and approval by the Board.

C. If Respondent is noncompliant with any of the terms of the Order, Respondent’s noncompliance shall be reviewed by the Board for consideration of possible further discipline on Respondent's nursing license.

D. At any time Respondent is required by terms of the Order to provide a copy of the Order

to another individual or facility Respondent shall provide all pages of the Order. E. If Respondent is convicted of a felony, Respondent may request and sign a 3 year voluntary surrender of Respondent’s license, or Respondent’s license shall be automatically revoked.

A.R.S. § 32-1663(D) provides that if the Board determines a licensee has committed an act of unprofessional conduct, the Board may revoke or suspend the license, impose a civil penalty, censure the license, place the licensee on probation, or accept the voluntary surrender of the license. A.R.S. § 32-1664(N) provides that if the Board finds that the licensee has committed an act of unprofessional conduct, the Board may revoke or suspend the license.

The revocation period is 5 years, by law. Respondent may apply for reissuance after a minimum period of 3 years, if a voluntary surrender, or 5 years, if a revocation, after a minimum of 3 years have passed since absolute discharge of the felony conviction, or the felony conviction has been reduced to a

misdemeanor, set aside, or the equivalent.

F. Probation is subject to the following terms and conditions: TERMS OF PROBATION 1. License(s) and Certificate(s) on Probation

While this Order is in effect, if the Board issues any licenses or certificates authorized

by statute except a nursing assistant certificate, such certificate or license shall be marked “Probation.” Respondent is not eligible for a multistate “Compact” license. While this Order is in effect, any license or certificate that Respondent presents to any employer or other member of the public shall be clearly marked “Probation.”

2. Psychological Evaluation

Within 30 days of the effective date of the Order, Respondent shall make an appointment to undergo a comprehensive psychological evaluation to include a sexual misconduct evaluation by a Board-approved licensed psychologist with expertise in sexual misconduct and to be

completed within 60 days of the effective date of the Order.

Respondent shall execute the appropriate release of information form(s) to allow the evaluator to communicate information to the Board or its designee. Prior to the evaluation, Respondent shall furnish a copy of this Order to the evaluator, who shall verify receipt of the documents in a written

report on letterhead to the Board. The Board shall provide the evaluator with any documents deemed

pertinent by the Board or its designee, which may include the Board’s investigative report. Respondent shall direct the evaluator to provide a report to the Board summarizing the evaluation within thirty days

after the evaluation is completed summarizing the evaluation and any resulting recommendations within thirty days after the evaluation is completed. If it is recommended that Respondent undergo treatment and/or psychological therapy or

counseling, Respondent shall, within seven days of notification of the recommendation(s), provide to

the Board or its designee for prior approval, the name and qualifications of treatment professional(s) with appropriate level of expertise of Respondent’s choice. Upon approval of the treatment professional(s), Respondent shall provide a copy of the entire Order and psychological evaluation

which the treatment professional(s) shall verify in writing on letterhead in their first report to the Board.

Respondent shall undergo and continue treatment until the treatment professional(s) determines and reports to the Board in writing and on letterhead, that treatment is no longer considered necessary. Respondent shall have the treatment professional(s) provide written reports to the Board every three months. The reports are due as noted on the Quarterly Reporting Due Date form. The Board reserves

the right to amend this Order based on the evaluation results or the treatment professional’s

recommendations. 3. Educational Course/Nursing Ethics Within 30 days of the effective date of this Order, Respondent shall submit to the Board or its

designee for prior approval, a syllabus or course outline/objectives of an educational course or program

on nursing ethics. Upon approval of Respondent’s plan for enrollment by the Board or its designee, Respondent shall provide a copy of this Order to include Findings of Fact and Conclusions of Law to the Program Director. Respondent shall then provide written proof from the instructor or provider of

the course verifying enrollment, attendance, and successful completion of each required course or

program. The Board reserves the right to amend the Order based on the recommendation(s) of the course instructor.

4. Notification of Practice Settings Any current or future setting in which Respondent is employed in any capacity requiring nursing licensure shall be provided with a copy of the entire Order within 3 days from the date of hire,

or within 3 days of the effective date of this Order if currently employed. Within 3 days of

Respondent’s date of hire, or within 3 days from the effective date of this Order if currently employed, Respondent shall cause Respondent’s immediate supervisor to inform the Board, in writing and on employer letterhead, acknowledgment of the supervisor’s receipt of a copy of this Order and the

employer’s ability to comply with the conditions of probation.

In the event Respondent is attending a nursing program, Respondent shall provide a copy of the entire Order to the Program Director before beginning the program, or if already a student, within 3 days of the effective date of the Order. Respondent shall cause the Program Director to inform the Board within 3 days of the notification, in writing and on school letterhead, acknowledgment of the

program’s receipt of a copy of the Order and the program’s ability to comply with the conditions of

probation during clinical experiences. 5. Practice Under On-Site Supervision Respondent shall practice as a nurse, or while working in a student nurse capacity, only

under the on-site supervision of a registered nurse in good standing with the Board. On-site

supervision is defined as having a registered nurse present in the building whenever Respondent is practicing nursing. The supervising nurse shall have read this Order to include the Findings of Fact and Conclusions of Law and shall provide input on Respondent’s performance evaluations to the Board.

The supervising nurse shall be primarily one person, who may periodically delegate to other qualified

personnel, who shall also have read this Order to include Findings of Fact, Conclusions of Law. In the event the assigned supervising nurse is no longer responsible for the supervision required by this

paragraph, within 7 days of the assignment of a new supervising nurse, Respondent shall cause license’s new supervising nurse to inform the Board, in writing and on employer letterhead, acknowledgment of the new supervising nurse’s receipt of a copy of this Order to include the Findings

of Fact and Conclusions of Law and the new supervising nurse’s agreement to comply with the

conditions of probation. 6. Acceptable Hours of Work Respondent can work any shift.

Within a 14-day period Respondent shall not work more than 84 scheduled hours.

Respondent may work three 12-hour shifts in one 7-day period and four 12-hour shifts in the other 7 day period, but Respondent may not work more than 3 consecutive 12-hour shifts during this probationary period. Respondent shall not work 2 consecutive 8-hour shifts within a 24-hour period or be scheduled to work 16 hours within a 24-hour period.

7. Work Prohibited

Respondent may not work for a nurse’s registry, home health, traveling nurse agency, any other temporary employing agencies, float pool, or a position in which the supervision requirements identified above are unable to be maintained.

8. Performance Evaluations/Self-Reports

By the first date on the Quarterly Reporting Due Date form, and quarterly thereafter, Respondent shall cause every nursing employer Respondent has worked for to submit to the Board, in writing, quarterly performance evaluations on the Board-approved form and completed by

Respondent’s direct supervisor. In the event Respondent is not employed in nursing or attending

nursing school during any quarter or portion thereof, Respondent shall submit to the Board, in writing, a self-report describing other employment or activities on the Board-approved form.

Receipt of confirmation of employment disciplinary action, including written counseling(s), suspension, termination or resignation in lieu of termination from a place of employment, any of which pertains to improper patient care, unsafe practice, inappropriate medication

removal or administration, substandard documentation, or impairment on duty, positive drug test

showing evidence of any drug other than an authorized drug, and/or refusal to submit to an employer- requested drug test, shall be investigated by Board staff. If the Board’s designee reviews and substantiates the employment disciplinary action, it shall be considered as noncompliance with the

terms of the Order.

Failure to provide employer evaluations or if not working in nursing, self-reports, within seven days of the reporting date is noncompliance with this Order. 9. Out-of-State Practice/Residence While this Order is in effect, and prior to accepting any out-of-state nursing

practice/employment, Respondent shall notify the licensing/certification Board of the State(s) in which

Respondent seeks to practice as a nurse of this Order and shall obtain authorization from the licensing/certification Board(s) to practice as a nurse in another State. Respondent shall direct the licensing Board of the other State(s) to submit authorization to the Board verifying Respondent is

approved to practice nursing in that State. Once authorization is received by the Board, Respondent

may submit a written request to the Board requesting an amendment to the Order to permit Respondent to fulfill the terms and conditions of this Order in that State. Respondent shall comply with all terms and conditions of this Order whether practicing

in Arizona or practicing in any other State.

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10. Release of Information Forms Respondent shall sign all release of information forms as required by the Board or its designee and return them to the Board within 10 days of the Board’s written request. Failure to provide

for the release of information, as required by this paragraph constitutes noncompliance with this Order.

11. Interview With the Board or Its Designee Respondent shall appear in person, or if residing out of state telephonically, for interviews with the Board or its designee upon request with notice of at least 2 days.

12. Renewal of License

In the event Respondent’s registered nurse license has or is scheduled to expire while this Order is in effect, Respondent shall apply for renewal of the license, pay the applicable fee, and otherwise maintain qualification to practice nursing in Arizona. 13. Change of Employment/Personal Address/Telephone Number

Respondent shall notify the Board, in writing, within 7 days of any change in nursing

employment. Changes in nursing employment includes, but is not limited to, a change in nursing supervisor, the acceptance, resignation or termination of employment. Respondent shall notify the Board, in writing, within 7 days of any change in personal

address or telephone number. Written notification shall be satisfied if Respondent updates her address

through the Board’s secure online “My Services” portal. 14. Obey All Laws Respondent shall obey all laws/rules governing the practice of nursing in this state and

obey all federal, state and local criminal laws. Respondent shall report to the Board, within 10 days,

any misdemeanor or felony arrest, citation, or charge. Additionally, Respondent shall notify the Board of any felony or undesignated offense conviction within 10 days of the conviction.

15. Costs Respondent shall bear all costs of complying with this Order. 16. Violation of Probation

If Respondent is noncompliant with this Order in any respect, the Board or its designee

may notify Respondent’s employer of the noncompliance. Additionally, the Board may take further disciplinary action for noncompliance with this Order after affording Respondent notice and the opportunity to be heard. If a complaint or petition to revoke probation is filed against Respondent

during probation, the Board shall have continuing jurisdiction until the matter is final, and the period of

probation shall be extended until the matter is final. 17. Voluntary Surrender of License Respondent may, at any time this Order is in effect, voluntarily request to surrender Respondent’s license.

18. Completion of Probation

Respondent is not eligible for early termination of this Order. Upon successful completion of the terms of probation, Respondent shall request formal review by the Board, and after formal review by the Board, Respondent’s nursing license may be fully restored by the appropriate

Board action if compliance with this Order has been demonstrated.

Board Date: January 24, 2020

Joey Ridenour, R.N., M.N., F.A.A.N. Executive Director ARIZONA STATE BOARD OF NURSING

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.

Service is complete five days after the date that this decision is mailed. A.R.S. § 41-1092.09(C).

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.

DATED this 24th day of January, 2020. ARIZONA STATE BOARD OF NURSING SEAL

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

COPIES mailed this 27th day of January, 2020, by First Class Mail and Certified Mail No. [account number redacted] 4875 to:

Teressa M. Sanzio, RN, MPA, JD Law Office of Teressa M. Sanzio, P.C. 428 E. Thunderbird Road, #238 Phoenix, AZ 85022 [email redacted] Attorney for Respondent Jacqueline Gonzalez

COPIES of the foregoing mailed this 27th day of January, 2020, to:

Case Management Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix AZ 85007 Elizabeth A. Campbell Assistant Attorney General Arizona Attorney General’s Office 2005 North Central Avenue Phoenix, Arizona 85004

By: T. Smith