FINACT19A-1607019-NUR.pdf
19A-1607019-NUR · State Board of Nursing · 2019-09-18
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 Home Page: http://www.azbn.gov
TO: Case Management Office of Administrative Hearings
FROM: Trina Smith Legal Assistant Hearing Department
DATE: September 18, 2019
RE: Jan Marie Vinson Docket No. 19A-1607019-NUR ______________________________________________________________________________
On September 17, 2019, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board place Respondent Jan Marie Vinson, Registered Nurse License No. RN184039 on Probation for 36-months with treatment and conditions.
The Board modified the Findings of Fact, Conclusions of Law and Recommended Order as follows:
I. Changes in the Findings of Fact. In the ALJ’s Decision, under Finding of Fact No. 8, the ALJ erroneously states that this case was a summary suspension case, however, Respondent’s license was never summarily suspended in this case. As such, the Board modified Finding of Fact No. 8 as follows:
8. On or about June 5, 2019, the Board issued a Complaint and Notice of Hearing and Summary Suspension Expedited Hearing (Notice of Hearing), alleging that cause existed to discipline Respondent’s registered nurse license under A.R.S. § 32- 1601(26)(d) and (j) (2017); A.A.C. R4-19-403(17) and (18).
II. Changes in the Conclusions of Law: Pursuant to A.R.S. § 41-1092.08, which sets forth the statutory requirements for a Final Administrative Decision, a written decision “shall contain a concise explanation of the reasons supporting the decision, including the findings of facts and conclusions of law.” While ALJ’s Conclusions of Law No. 1-4 generally state that the Board established the allegations of unprofessional conduct that were alleged in the Complaint and Notice of Hearing, the Decision does not cite to any specific conclusions of law. As such, in order to comply with A.R.S. § 41-1092.08, the Board modified the ALJ’s Decision to add the following Conclusions of Law, to be numbered No. 5-8, which were also set forth in the Complaint and Notice of Hearing previously filed in this matter:
5. The conduct and circumstances described in the Findings of Fact constitute, as shown by a preponderance of the evidence, unprofessional conduct pursuant to A.R.S. § 32- 1601(26)(d) 1(Any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public), and is grounds for disciplinary action pursuant to A.R.S. § 32-1663 and § 32-1664.
6. The conduct and circumstances described in the Findings of Fact constitute, as shown by a preponderance of the evidence, unprofessional conduct pursuant to A.R.S. § 32- 1601(26)(j) 2(Violating a rule that is adopted by the Board), and is grounds for disciplinary action pursuant to A.R.S. § 32-1663 and § 32-1664.
7. For purposes of A.R.S. § 32-1601(26)(d), the conduct described in the Factual Allegations constitute, as shown by a preponderance of the evidence, a conduct or practice that is or might be harmful to the health of a patient or the public pursuant to A.A.C. R4-19-403(17) 3(A pattern of using or being under the influence of alcohol, drugs, or a similar substance to the extent that judgment may be impaired and nursing practice detrimentally affected, or while on duty in any health care facility, school, institution, or other work location).
8. For purposes of A.R.S. § 32-1601(26)(d), the conduct described in the Factual Allegations constitute, as shown by a preponderance of the evidence, a conduct or practice that is or might be harmful to the health of a patient or the public pursuant to A.A.C. R4-19-403(18) 4(Obtaining, possessing, administering, or using any narcotic, controlled substance, or illegal drug in violation of any federal or state criminal law, or in violation of the policy of any health care facility, school, institution, or other work location at which the nurse practices).
A.R.S. § 32-1601(26)(d) was effective August 9, 2017. For conduct occurring before August 9, 2017, A.R.S. § 32- 1601(24)(d), which was effective July 1, 2016, and had language identical to the 2017 statute, applies. For conduct occurring before July 1, 2016, A.R.S. § 32-1601(22)(d), which was effective August 2, 2012, and had language identical to the 2016 statute, applies. A.R.S. § 32-1601(26)(j) was effective August 9, 2017. For conduct occurring before August 9, 2017, A.R.S. § 32- 1601(24)(j), which was effective July 1, 2016, and had language identical to the 2017 statute, applies. For conduct occurring before July 1, 2016, A.R.S. § 32-1601(22)(j), which was effective August 2, 2012, and had language identical to the 2016 statute, applies. A.A.C. R4-19-403(17) was effective January 31, 2009. A.A.C. R4-19-403(18) was effective January 31, 2009. ARIZONA STATE BOARD OF NURSING 1740 West Adams Street, Suite 2000 Phoenix AZ 85007 602-771-7800
IN THE MATTER OF REGISTERED NURSE LICENSE NO. RN184039 ISSUED TO: FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER NO. 19A-1607019-NUR JAN MARIE VINSON,
RESPONDENT.
A hearing was held before Antara Nath Rivera, Administrative Law Judge (“ALJ”), at
1740 West Adams Street, Lower Level, Phoenix Arizona, on July 18, 2019. Sunita A. Krishna,
Assistant Attorney General, appeared on behalf of the State. Jan Marie Vinson (“Respondent”)
appeared in person on her own behalf.
On August 5, 2019, the ALJ issued Findings of Fact, Conclusions of Law and
Recommendations. On September 17, 2019, 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 Board has the authority to regulate and control the practice of nursing in the
State of Arizona, pursuant to A.R.S. §§ 32-1606, 1663, and 1664. The Board also has the
authority to determine whether licensees have committed unprofessional conduct, thereby
furnishing cause for discipline under the Nurse Practice Act, A.R.S. §§ 32-1601 through 1667.
2. Respondent holds Board-issued registered nurse (RN) license number RN184039.
3. On or about July 12, 2016, the Board received a complaint from Respondent’s
primary care provider at the Veterans Healthcare Administration (VA) in Sierra Vista, Arizona. The VA alleged that Responded admitted to abusing prescription medication and attempting to
self-harm on or about May 27, 2016.
4. On September 14, 2006, Respondent was issued a Reprimand, a disciplinary
action, from the Nevada State Board of Nursing. In that case, Respondent failed to properly
administer and document controlled substances while employed as a RN at Manor Health Care
Center in Nevada. Per the Reprimand, Respondent was required to submit to drug testing and
complete coursework. In 2012, Respondent reported that she entered into and completed a
substance abuse intensive out-patient treatment program in Nevada.
5. On May 27, 2016, Respondent consumed numerous oxycodone tablets and
applied a Fentanyl transdermal patch that was not prescribed to her. This resulted in Respondent
becoming unresponsive and requiring treatment in the emergency room at Benson Hospital in
Benson, Arizona. On May 28, 2016, Respondent requested to go into in patient treatment for
substance use at the VA. There is no evidence whether she received any treatment at the VA.
6. On August 17, 2016, Respondent underwent a psychological
assessment/substance use disorder evaluation with a Board approved evaluator. The evaluator
opined that Respondent was at high risk for substance abuse use disorder and recommended
participation in the Board’s Alternative to Discipline Program and an on-going recovery plan.
Respondent declined the Board’s program.
7. On or around January 2019, Respondent underwent a second evaluation given by
a Board approved evaluator, who opined that Respondent haD a high probability of having a
substance use disorder and prescription drug abuse issue. Mr. Nichols recommended random
drug screens.
JAN MARIE VINSON 8. On or about June 5, 2019, the Board issued a Complaint and Notice of Hearing
and Summary Suspension Expedited Hearing (Notice of Hearing), alleging that cause existed to
discipline Respondent’s registered nurse license under A.R.S. § 32- 1601(26)(d) and (j) (2017); 1
A.A.C. R4-19-403(17) and (18). 2
9. The Board referred the matter to the Office of Administrative Hearings (OAH), an
independent agency, for an evidentiary hearing. A hearing was held on July 18, 2019.
10. The Board submitted seven exhibits and presented the testimony of Stephanie Chambers, BA,
RN, MS, RN (Ms. Chambers).
10. At hearing Ms. Chambers testified that on May 26, 2016, Respondent overdosed
with Oxycodone and a Fentanyl patch and was found unresponsive, by her partner, in the
bathroom. Ms. Chambers stated that the hospital administered four doses of Narcan (an opioid
antagonist used for the complete or partial reversal of opioid overdose) to Respondent before she
regained consciousness. Ms. Chambers stated that, on May 28, 2016, Respondent was told to
self-report this incident. Respondent failed to report this incident to the Board.
11. Ms. Chambers testified that Respondent had a long pattern of instances of abuse
of controlled substances dating back to September 14, 2006, when she signed a Reprimand in
Nevada. Ms. Chambers voiced concern with the evaluations that were conducted in that
Respondent made no effort to complete treatment. She stated that Respondent ultimately
A.R.S. § 32-1601(26)(d) and (j) (2017) define “unprofessional conduct” to include, respectively: (d) Any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public. .... (j) Violating this chapter or a rule that is adopted by the board pursuant to this chapter A.A.C. R4-19-403(17) and (18) define “unprofessional conduct” to include, respectively: 17. A pattern of using or being under the influence of alcohol, drugs, or a similar substance to the extent that judgement may be impaired and nursing practice detrimentally affected, or while on duty in any health care facility, school, institution, or other work location.; 18. Obtaining, possessing, administering, or using any narcotic, controlled substance, or illegal drub in violation of any federal or state criminal law, or in violation of the policy of any health care facility, school, institution, or other work location at which the nurse practices. JAN MARIE VINSON expressed interest in entering the Board’s Chemically Addicted Nurses Diversion Option,
“CANDO” program, an alternative to disciplinary program to help nurses recover from substance
abuse. Ms. Chambers stated that Respondent attended a 3 day in patient program but failed to
attend any extra treatment after her detoxification.
12. Ms. Chambers further opined that this type of drug history affects the ability to
practice as a RN because it impairs judgement, causes impulsive behavior, and may result in
potential relapse especially working in an environment surrounded by prescription drugs. She
further stated that Respondent’s failure to report the May 2016 incident was concerning as well
with regards to Respondent’s accountability.
13. Ms. Chambers testified that the Board recommended that Respondent be placed on
probation for 36 months with treatment recommendations, including RN support group, relapse
prevention treatment, and drug testing.
14. At hearing, Respondent admitted to not reporting the May 2016 incident to the
Board. Respondent stated that she was prescribed medication after she broke her wrist and had
surgery in 2015. Respondent stated that she also injured her shoulder from a hover board
accident.
15. Respondent stated that she admitted herself to in patient care the day after she
overdosed. She stated that the incident scared her and her partner and she wanted help.
Respondent stated that she did not complete her treatment at the VA because she had a negative
experience with a judgmental nurse.
16. Respondent stated that she never put patients in harm’s way and could connect
with difficult patients because she could understand them. She stated that has entered into a
master’s program at Grand Canyon State University, for counseling, because she wanted to
JAN MARIE VINSON counsel others on substance abuse. Respondent stated that she also gained insight from listening
to Joel Osteen. Respondent stated that she did not attend Narcotics Anonymous for the fact that
they live in the past, not the present.
17. Respondent stated that she did drug testing for her partner. She stated that she
attempted to reschedule missed treatment appointments but gave no reason why she missed those
appointments. Respondent later redefined her overdose as an “18 hour relapse.”
18. Respondent testified that she wanted to do the “CANDO” program offered by the
Board. She stated that the reason why she stopped the program was because of a conflict of
interest with her partner’s job with the government. Respondent stated that she currently worked
in a long-term nursing care facility as a RN manager.
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’s 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).
JAN MARIE VINSON 4. The Board established by a preponderance of the evidence that Respondent engaged in
unprofessional conduct as alleged in the Complaint and Notice of Hearing. As such, the Board
established cause to impose a disciplinary sanction against Respondent’s license under A.R.S. §
32-1663(D) 3 and A.R.S. § 32-1664(N) 4.
5. The conduct and circumstances described in the Findings of Fact constitute, as shown
by a preponderance of the evidence, unprofessional conduct pursuant to A.R.S. § 32-
1601(26)(d) 5(Any conduct or practice that is or might be harmful or dangerous to the health of a
patient or the public), and is grounds for disciplinary action pursuant to A.R.S. § 32-1663 and §
32-1664.
6. The conduct and circumstances described in the Findings of Fact constitute, as shown
by a preponderance of the evidence, unprofessional conduct pursuant to A.R.S. § 32-
1601(26)(j) 6(Violating a rule that is adopted by the Board), and is grounds for disciplinary action
pursuant to A.R.S. § 32-1663 and § 32-1664.
7. For purposes of A.R.S. § 32-1601(26)(d), the conduct described in the Factual
Allegations constitute, as shown by a preponderance of the evidence, a conduct or practice that is
or might be harmful to the health of a patient or the public pursuant to A.A.C. R4-19-403(17) 7(A
pattern of using or being under the influence of alcohol, drugs, or a similar substance to the
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. A.R.S. § 32-1601(26)(d) was effective August 9, 2017. For conduct occurring before August 9, 2017, A.R.S. § 32- 1601(24)(d), which was effective July 1, 2016, and had language identical to the 2017 statute, applies. For conduct occurring before July 1, 2016, A.R.S. § 32-1601(22)(d), which was effective August 2, 2012, and had language identical to the 2016 statute, applies. A.R.S. § 32-1601(26)(j) was effective August 9, 2017. For conduct occurring before August 9, 2017, A.R.S. § 32- 1601(24)(j), which was effective July 1, 2016, and had language identical to the 2017 statute, applies. For conduct occurring before July 1, 2016, A.R.S. § 32-1601(22)(j), which was effective August 2, 2012, and had language identical to the 2016 statute, applies. A.A.C. R4-19-403(17) was effective January 31, 2009. JAN MARIE VINSON extent that judgment may be impaired and nursing practice detrimentally affected, or while on
duty in any health care facility, school, institution, or other work location).
8. For purposes of A.R.S. § 32-1601(26)(d), the conduct described in the Factual
Allegations constitute, as shown by a preponderance of the evidence, a conduct or practice that is
or might be harmful to the health of a patient or the public pursuant to A.A.C. R4-19-
403(18) 8(Obtaining, possessing, administering, or using any narcotic, controlled substance, or
illegal drug in violation of any federal or state criminal law, or in violation of the policy of any
health care facility, school, institution, or other work location at which the nurse practices).
ORDER
In view of the above the Findings of Fact and Conclusions of Law the Board hereby
issues the following Order:
A. Respondent’s license is placed on probation for, at minimum, thirty-six months
PROBATION with terms and conditions.
B. Prior to termination of probation, Respondent shall work as a registered nurse for a
minimum of eighteen months, with nine of these months being continuous employment (not less
than sixteen hours a week).
C. 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.
A.A.C. R4-19-403(18) was effective January 31, 2009. JAN MARIE VINSON D. 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.
E. 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 Consent
Agreement and Order, and to include the attachments/exhibits, if any.
F. 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. 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.
G. Probation is subject to the following terms and conditions:
TERMS OF PROBATION
1. License 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. Substance Abuse Evaluation
Respondent shall make an appointment to undergo a substance abuse evaluation
to occur within 30 days of the effective date of this Order by a Board approved psychologist and
JAN MARIE VINSON who has expertise in assessing and diagnosing substance use disorders. Respondent shall
immediately execute release of information form(s) to allow the evaluator to communicate
information with the Board or its designee. Prior to the evaluation, Respondent shall furnish a
copy of this Consent Agreement and Order to include Findings of Fact and Conclusions of Law,
to the evaluator who shall verify receipt of the Consent Agreement and Order and any other
materials provided in a written report on letterhead to the Board. Respondent shall direct the
evaluator to provide a report to the Board summarizing the evaluation within thirty days after the
completed appointment for the evaluation.
The report shall include a history of substance use, past and present treatment and/or
recovery activities, results of any testing, recommendations for treatment, if any, and an
assessment as to Respondent’s ability to function safely in nursing based on Respondent’s
recovery status.
Respondent shall complete any and all recommendations made by the evaluator. If
treatment or therapy is recommended, Respondent shall, within seven days of notification of the
recommendation(s), submit to the Board or its designee for prior approval the name and
qualifications of treatment facilities and/or therapists of Respondent’s choice. Respondent shall,
within thirty days of the Board’s receipt of the evaluator’s report, initiate all treatment and or
therapy activities.
3. Rehabilitation Program
If Respondent is found to have a substance use disorder and/or in need of
treatment, within 30 days of the Board’s receipt of the evaluator’s report, Respondent shall enter
a substance use disorder rehabilitation program. Upon entry, Respondent shall execute the
appropriate release of information form allowing the rehabilitation program to inform the Board
JAN MARIE VINSON of Respondent’s entry and shall provide the Rehabilitation Program with a copy of this Order to
include Findings of Fact and Conclusions of Law, and a copy of the completed evaluation.
Respondent shall cause the Rehabilitation Program to verify receipt of the Order and any other
materials provided in a written report on letterhead to the Board. Respondent shall also cause the
rehabilitation program to notify the Board as to Respondent’s participation and progress in, and
discharge or termination from the program. At the completion of the rehabilitation program,
Respondent shall cause the program director to provide the Board with documentation
concerning Respondent’s completion of the rehabilitation program and recommendations for
follow-up treatment.
4. Aftercare Program
If Respondent is found to have a substance use disorder and/or in need of
treatment, within 7 days of the completion of the rehabilitation program, Respondent shall enter
and must successfully complete a state licensed substance use disorder aftercare program. Upon
entry, Respondent shall execute the appropriate release of information form allowing the
aftercare program to inform the Board of Respondent’s entry into the program. Respondent shall
also cause the aftercare program to submit to the Board, in writing and on the Board-approved
form, evidence of Respondent’s satisfactory participation and progress in the program, as well as
discharge or termination from the program. Such reports are due beginning on the first quarterly
reporting date after entry into the program and quarterly thereafter for the remainder of the
probationary period or until completion of the aftercare program.
5. Nurse Recovery Group
If Respondent is found to have a substance use disorder and/or in need of
treatment, within 7 days of the completion of a Rehabilitation Program, Respondent shall enroll
JAN MARIE VINSON in a Board-acceptable Nurse Recovery Group if a group is available within forty miles of
Respondent’s residence or place of employment. Respondent shall attend the Nurse Recovery
Group once per week and have no “Unexcused” absences or “No call/No show” occurrences.
Respondent shall provide, in advance of travel or unavailability, at least 3 calendar days’ written
notice to the Nurse Recovery Group facilitator and to the Board’s designee of any out-of-town
travel or other unavailability to attend the weekly meeting. All requests to be temporarily
excused from attendance in the Nurse Recovery Group must be approved in advance by the
Board or its designee. Respondent shall cause the Nurse Recovery Group facilitator to report to
the Board, in writing, Respondent’s entry and attendance in the group on the Board-approved
form. The written report is due on or before the last day of each month.
6. Participation in AA/NA
(a) Within 7 days of the effective date of this Order, and throughout the term
of this Order, Respondent shall participate at least 3 times weekly, or as recommended by the
rehabilitation program, in Alcoholics Anonymous, Narcotics Anonymous, or a Board-approved
equivalent program, and shall submit to the Board, in writing on Board-approved forms,
quarterly reports which are initialed by her sponsor. The first report is due by the first date on the
Quarterly Reporting Due Date form, and quarterly thereafter. Failure to provide quarterly reports
within 7 days of the reporting due date shall constitute non-compliance with this Order.
(b) Respondent shall obtain a temporary sponsor, if participating in a twelve-
step program, within 30 days of the effective date of this Order and a permanent sponsor within
days. Respondent shall maintain a sponsor relationship throughout the terms of this Order.
7. Relapse Prevention/Recovery Evaluation
JAN MARIE VINSON Eighteen months prior to the termination of the Order or as requested by the
Board or its designee, Respondent shall complete an evaluation by a Board approved evaluator
who has expertise in substance use disorders and relapse prevention. Prior to the evaluation,
Respondent shall furnish a complete copy of this Consent Agreement and Order to the evaluator
who shall verify receipt of the Consent Agreement and Order and any other materials provided in
a written report on letterhead to the Board. Respondent shall execute release of information
form(s) to allow the evaluator to communicate information with the Board or its designee.
Respondent shall direct the evaluator to provide a report to the Board summarizing the evaluation
within thirty days after the completed appointment for the evaluation.
If recommended by the evaluator, Respondent shall enter, within thirty days of
notification, participate as recommended and successfully complete a relapse prevention program
or other recommended treatment. Prior to entry into a relapse prevention program or any type of
other recommended treatment, Respondent shall provide a copy of this Consent Agreement and
Order to include Findings of Fact and Conclusions of Law, and Order to the treatment
provider/program. Respondent shall execute the appropriate release of information form(s) to
allow the treatment provider/program to communicate information with the Board or its
designee. Within 7 days of entry into the recommended treatment, Respondent shall cause the
treatment provider/program to inform the Board in writing verifying enrollment and receipt of a
complete copy of this Consent Agreement and Order and a copy of the evaluation. Respondent
shall participate in the treatment program or therapy until the Board receives verification from
the treatment provider/program in writing that Respondent has successfully completed the
program. During participation in the program or other recommended treatment, Respondent
shall cause the treatment provider/program to submit to the Board, in writing on a Board-
JAN MARIE VINSON approved form, evidence of satisfactory attendance, participation, discharge and successful
completion of the program/treatment. Such reports are due beginning on the first quarterly
reporting date after entry into the relapse prevention program or other recommended treatment
and quarterly thereafter, according to schedule, for the remainder of the probationary period or
verification of successful completion of the program. Failure to provide quarterly reports within
days of the reporting due date shall constitute non-compliance with this Order.
8. Alcohol and Alcohol Containing Substances
Respondent shall not consume any alcohol or any substances containing alcohol
and shall avoid all products containing alcohol for the duration of the Order.
9. Abstain From Unauthorized Drug Use/Proof of Prescription
Respondent shall abstain completely from the personal use or possession of
controlled substances, as defined in the State Controlled Substances Act, and dangerous drugs as
defined by law, or any drugs requiring a prescription.
Orders prohibiting Respondent from personal use or possession of controlled
substances or dangerous drugs do not apply to medications lawfully prescribed to Respondent for
an illness or condition by a medical provider. During the duration of this Order, Respondent
shall select one medical provider to coordinate her health care needs and to be aware of all
prescriptions utilized by Respondent. Within 7 days of the effective date of this Order,
Respondent shall cause all medical providers who have prescribed medications which are
currently being used by Respondent daily or on an as needed basis to provide in writing, on
letterhead, verification of knowledge of Respondent’s history of substance use, awareness of
Respondent’s Consent Agreement and Order with the Board, and documentation of current
medications prescribed for Respondent. Respondent shall execute all release of information
JAN MARIE VINSON form(s) as required by the Board or its designee so that Respondent’s medical providers shall be
able to communicate information with the Board. Prior to receiving treatment from any other
medical provider(s), Respondent shall notify the medical provider(s) of Respondent’s history of
substance use provide the provider with a copy of this Consent Agreement and Order. DURING
THE COURSE OF THE ORDER RESPONDENT SHALL CAUSE ANY AND ALL
PROVIDERS TO NOTIFY THE BOARD OF THEIR AWARENESS OF RESPONDENT’S
HISTORY OF SUBSTANCE USE, BOARD ORDER, AND NOTIFICATION OF ANY
MEDICATIONS ORDERED BY THE PROVIDER. THE NOTIFICATION SHALL BE MADE
IN WRITING WITHIN ONE WEEK OF THE PROVIDER’S ISSUANCE OF THE
PRESCRIPTION.
If Respondent has a lawful prescription for a controlled substance, Respondent
shall cause her prescribing provider to provide monthly reports to the Board regarding the
continued need for the medication(s) within 7 days of the 30th day of each month. The Board or
its designee may, at any time, request the provider to document the continued need for prescribed
medications. Such report from the provider shall be received by the Board within 14 days of the
request. Respondent shall keep a written record of medications taken, including over-the-counter
drugs, and produce such record upon request by the Board or its designee.
10. Drug Testing
Within 7 days of the effective date of the Order, and throughout the term of this
Order, Respondent shall enroll and remain enrolled in the Board approved third party program
for random drug and alcohol testing. Drug testing may include testing of urine, hair follicle, nail,
saliva or blood, as determined by the Board or the Board’s designee.
JAN MARIE VINSON For random urine drug testing, Respondent shall submit a urine specimen a
minimum of twice per month for the first eighteen months and until receiving written
authorization from the Board or its designee that the frequency of drug testing may be reduced.
Thereafter, Respondent shall submit a urine specimen a minimum of once per month for the
duration of the Order, and may be required to submit a specimen more frequently, as determined
by the Board or its designee.
Respondent shall provide, in advance of travel or unavailability, at least 3
calendar days’ written notice to the drug testing program and to the Board’s designee of any out-
of-town travel or other unavailability to test. All requests to be temporarily excused from drug
testing must be approved in advance by the Board or its designee.
Within 7 days of a missed drug test due to an unexpected illness, Respondent
must provide the Board or the Board’s designee with written documentation from a medical
provider stating that the medical provider personally examined Respondent on the day of the
requested drug test and that Respondent was not physically able to report to the laboratory for
drug testing.
If Respondent tests positive for any unauthorized substance; misses two or more
random drug tests throughout the entire time of the Order; fails to submit a specimen suitable for
drug testing including submission of a specimen for which the integrity has been compromise as
indicated by the presence of adulterants; or submission of a urine sample that is below the
acceptable volume or outside of the temperature range to be tested; fails to submit to a drug test
that has been requested by the Board, the Board’s designee, including the drug testing program,
or Respondent’s healthcare employer; the Board or Board’s designee may direct Respondent to
cease practicing pending further determination by the Board or the Board’s designee; and
JAN MARIE VINSON Respondent shall not return to practice until receiving written authorization from the Board or the
Board’s designee. A complaint will be issued against Respondent’s license and the investigative
findings will be submitted to the Board for the Board’s review and decision. The Board’s
designee may notify Respondent’s employer that Respondent is required to cease practice.
At any time during the term of this Order, if Respondent submits 3 or more dilute
urine specimens the Board or its designee directs Respondent to cease practicing pending further
determination by the Board or the Board’s designee; and Respondent shall not return to practice
until receiving written authorization from the Board or the Board’s designee. The Board’s
designee may notify Respondent’s employer that Respondent is required to cease practice.
If the Board or its designee directs Respondent to cease practice as stated in the
above paragraphs, Respondent may request in writing, that the matter be placed on the Board
agenda for the Board to review and determine if the requirement to cease practice should remain
in place. Respondent may make this request even if the investigation is not yet complete.
If Respondent’s written request is received more than 10 business days before a
regularly scheduled Board meeting, the request shall be placed on that Board meeting’s agenda.
If the written request is received 10 or less business days before a regularly scheduled Board
meeting, the request will NOT be heard at that meeting, but shall be heard at the following
regularly scheduled Board meeting.
Respondent has received a copy of the Board’s policy entitled “Guidelines For
Non-Compliance With Drug Testing – Monitoring And CANDO Departments” dated January
2015 (“Policy”), and agrees to abide by the terms and conditions set forth in the Policy. If there
is any conflict between the Policy and this Agreement, this Agreement governs.
11. Notification of Practice Settings
JAN MARIE VINSON Any setting in which Respondent accepts employment that requires nursing
licensure shall be provided with a copy of the entire Consent Agreement and Order on or before
the date of hire or within 3 days from 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 Consent Agreement and 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 Consent Agreement and Order to the Program Director. Respondent shall
cause the Program Director to inform the Board, in writing and on school letterhead,
acknowledgment of the program’s receipt of a copy of the Consent Agreement and Order and the
program’s ability to comply with the conditions of probation during clinical experiences.
12. 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 Consent Agreement and Order
to include the Findings of Fact and Conclusions of Law, and Order, 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 Consent Agreement and 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
JAN MARIE VINSON 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 Consent Agreement and
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.
13. Access to Drugs
Respondent shall not administer or have access to controlled substance and/or any
other potentially addictive substance, including but not limited to, nalbuphine and butorphanol
for, at least during the first 6 months of nursing practice during the probationary status, and until
receiving written approval from the Board or its designee. Upon evidence of compliance with
the terms of the Order, the Board or its designee shall evaluate and provide Respondent with
written notification of Respondent’s ability to administer controlled substances and/or potentially
addictive medications.
14. Acceptable Hours of Work
Respondent shall work only the day or evening shift. Evening shift is defined as a
shift that ends prior to midnight.
Within a 14-day period Respondent shall not work more than 84 scheduled hours.
Respondent may work three 12-hour shifts in one seven day period and four 12-hour shifts in the
other seven-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
hour period or be scheduled to work 16 hours within a 24 hour period.
15. Work Prohibited
JAN MARIE VINSON Respondent may not work for a nurse’s registry, home health, traveling nurse
agency, any other temporary employing agencies, float pool, or position in which the supervision
requirements identified above are unable to be maintained.
16. Performance Evaluations/Self-Reports
By the first date on the Quarterly Reporting Due Date form, and quarterly
thereafter, Respondent shall cause every 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
days of the reporting date is noncompliance with this Order.
17. Out-of-State Practice/Residence
JAN MARIE VINSON While this Consent Agreement and 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 Consent and
Agreement and 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.
18. 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 non-
compliance with this Order.
19. 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 at various intervals and with notice of at
least 2 days.
20. Renewal of License
If Respondent’s nursing license is expired at the time of the effective date of the
Consent Agreement and Order, Respondent must renew the license within 7 days of the effective
JAN MARIE VINSON date. In the event the license is scheduled to expire while this Order if in effect, Respondent
shall apply for renewal of the license, pay the applicable fee, and otherwise maintain
qualification to practice nursing in Arizona.
21. 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.
22. Obey All Laws
Respondent shall obey 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
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.
23. Costs
Respondent shall bear all costs of complying with this Order.
24. Voluntary Surrender of License
Respondent may, at any time this Order is in effect, voluntarily request surrender
of Respondent’s license.
25. Violation of Probation
JAN MARIE VINSON 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
revoke probation and 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.
26. Completion of Probation
Respondent is not eligible for early termination of this Order. Upon successful
completion of the terms of probation, Respondent shall request review by the Board, and after
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.
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.
JAN MARIE VINSON 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 17th day of September, 2019.
ARIZONA STATE BOARD OF NURSING SEAL
Joey Ridenour, R.N., M.N., F.A.A.N Executive Director
COPIES mailed this 18th day of September, 2019, by First Class Mail and Certified Mail No. [account number redacted] 6252 to:
Jan Marie Vinson 324 E Camino De Manana Huachuca City, AZ 85616 [email redacted] Respondent
COPIES of the foregoing mailed this 18th day of September, 2019, to:
Case Management Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix AZ 85007
Sunita Krishna Assistant Attorney General Arizona Attorney General’s Office 2005 North Central Avenue Phoenix, Arizona 85004
By: T. Smith
JAN MARIE VINSON