FINACT19A-1609073-NUR.pdf

19A-1609073-NUR · State Board of Nursing · 2019-01-25

Doug Ducey Joey Ridenour Governor Executive Director

Arizona State Board of Nursing 1740 West Adams Street, Suite 2000 Phoenix. AZ 85007 Phone (602) 771-7800 Fax (602) 771-7888 E-Mail: [email redacted] Home Page: http://www.azbn.gov

TO: Case Management Office of Administrative Hearings

FROM: Trina Smith Legal Assistant Hearing Department

DATE: January 25, 2019

RE: Coretta Arlene Mathie Docket No. 19A-1609073-NUR ______________________________________________________________________________

On January 25, 2019, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Revoke Practical Nurse License No. LP044766, issued to Coretta Arlene Mathie.

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 PRACTICAL NURSE LICENSE NO. LP044766 FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER CORETTA ARLENE MATHIE, NO. 19A-1609073-NUR RESPONDENT.

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

West Adams Street, Lower Level, Phoenix Arizona, on October 19, 2018. Elizabeth Campbell, Assistant Attorney General, appeared on behalf of the State. Coretta Arlene Mathie (“Respondent”) was not present and was not represented by counsel.

On November 26, 2018, the ALJ issued Findings of Fact, Conclusions of Law and

Recommendations. On January 25, 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 Arizona State Board of Nursing (“the 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. §§ 32-1601-1667.

2. Coretta Arlene Mathie (Respondent) holds Board-issued Licensed Practical Nurse

License No. LP044766 in the State of Arizona, which was first issued in August 2008. 3. On September 14, 2014, the Board issued a Letter of Concern to Respondent regarding a February 9, 2013 complaint the Board had received of Respondent having been “rough and rude while

taking care of patients” at a particular facility at a time when she was employed by Nurses Plus Registry. 1 The letter indicated that the Board had determined not to impose a higher level of discipline. 4. On September 8, 2016, the Board received a complaint regarding Respondent having

been rude and verbally abusive to multiple patients at Camelback Post Acute Care. 2 As to one patient,

the complaint noted that Respondent, in front of a room full of patients, was alleged to have yelled at the patient that the patient was a drug addict, and that the patient had cried. 3 As to another patient, the complaint noted that Respondent was alleged to have called him a “crack head” and had also stated that

she “knows about people like [you].” 4 The complaint noted that Respondent was alleged to give pain

medication to patients when she wants to and not at the scheduled times. Finally, the complaint noted that another patient reported that he had overheard Respondent calling the patients “all kinds of nasty words” when she walks out of their rooms. 5. In November of 2016, the Board sent Respondent an investigative questionnaire, which

she filled out and returned with an attached typewritten letter. 5 On her response, she indicated a home

address in Scottsdale, Arizona. 6. On June 5, 2018, the Board received an online complaint regarding Respondent, on May 1, 2018, having offered, to a private night nurse for a home care patient, to provide forged

documentation of completion of nursing courses required to sit for the boards and obtain registered

nurse (RN) licensing. 6 7. That night nurse had reported the incident to the Total Care Connections (TCC) owner. Although Respondent would later indicate to the Board in response to a Board questionnaire that she

See Exhibit 1. See Exhibit 2. The complaint further noted that Respondent later refused to give this patient her Xanax, and that the patient told the source that she did not want to have Respondent as her nurse The complaint further noted that the patient has dreadlocks, and that the patient had since refused to have Respondent as his nurse. See Exhibit 3. See Exhibit 4.

had not worked for TCC on May 1, 2018 and that she had been out of the country on that day, 7 the TCC payroll records and message system document that, in fact, Respondent had worked that shift. 8. When interviewing for a position at TCC, Respondent answered “No” to a question

about whether there had ever been any complaints against her made to the Board. 8 On the resume

submitted to TCC, Respondent falsely indicated that she was an RN and that she had received her nursing degree from “Techni-Pro Institute” in Florida in 2013. 9 9. Respondent worked for Total Care Connections since April 24, 2018; she was

terminated by the company effective May 2, 2018. 10

10. By letter dated July 12, 2018, Techni-Pro Institute informed the Board that Respondent had never been a student or graduated from that school. 11 11. In August of 2015, Respondent applied to the Hawaii Board of Nursing for licensure; she was issued License RN-89049. 12 On that application, Respondent falsely indicated that indicated

that she had earned an “ADN” degree in the RN program from “Techni-Pro Institute” in Florida. 13

Respondent had attached to the application a forged transcript from Techni-Pro Institute. On that application, Respondent indicated that she had an active LPN license in Arizona and an inactive LPN license in New York. Respondent had also included an NCLEX report that she had taken and passed

the February 2018 licensure examination for RNs, which stated that she had completed an ADN

program at Florida College of Health Services. 12. In April 2018, Respondent applied to the Florida Board of Nursing. Respondent falsely indicated that she was an RN and that she had received her nursing degree from “Techni-Pro Institute”

See Exhibit 13. See Exhibit 7. Id. See Exhibit 5. See Exhibit 10 See Exhibit 8. Respondent’s residence address given is redacted thereon. See Exhibit 8.

in Florida in September of 2013. 14 On that application, Respondent indicated that she had taken and passed the RN licensure examination in Hawaii in February 2018. Despite being asked to list all “active, inactive or lapsed” licensees, Respondent failed to list her Arizona licensure. On that

application, Respondent answered “No” to the question whether she had any disciplinary action against

her in Florida or any other state, jurisdiction or county. 15 On that application, Respondent answered “No” to the question whether she had any disciplinary action pending. 16 On that application, Respondent also noted a Hawaii RN licensure effective February 2918 (expiring in June of 2019).

13. In June 2018, the Board sent an investigative questionnaire to Respondent at her Arizona

address of record; the mailing was returned by the postal service as unable to be forwarded. 17 The Board located a New York address and resent the questionnaire. 14. On August 13, 2018, the Board received the response, on which Respondent indicated a home address in Bronx, New York. 18 The response was incomplete, with many items left blank. On

August 21, 2018, the Board received an additional response, which essentially denied the allegations of

incidents at both TCC and Camelback Post Acute Care. 19 15. On September 21, 2018, 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)(a),

(d), (g), (h), and (j); 20 A.A.C. R4-19-403(1), (2), (20), (26), 21 (27), and (31); 22 and A.R.S. §§ 32-

See Exhibit 9. She indicated her “mailing” address to be in Florida. 15 She failed to disclose the 2016 Arizona investigation. She failed to disclose the 2016 Arizona investigation. See Exhibit 11. See Exhibit 12. See Exhibit 13. A.R.S. § 32-1601(26) defines “unprofessional conduct” to include, in pertinent part, as follows: (a) Committing fraud or deceit in obtaining, attempting to obtain or renewing a license or a certificate issued pursuant to this chapter. .... (d) Any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public. .... (g) Willfully or repeatedly violating a provision of this chapter or a rule adopted pursuant to this chapter. ....

1666(A)(2) 23 and 32-1667(1)(A). 24The Complaint and Notice of Hearing was sent via email and via certified mail to Respondent at her address of record. 16. 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 October 19, 2018.

17. The Board submitted 14 exhibits and presented the testimony of Peter Wittenberg, Senior Investigator with the Board. 18. Respondent did not request to appear telephonically at the duly noticed hearing and did

not request that the hearing be continued. Although the start of the hearing was delayed more than 20

minutes to allow Respondent additional time to appear, she did not appear, personally or through an attorney, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Respondent did not present any evidence to defend her LPN license. ....

....

.... (h) Committing an act that deceives, defrauds or harms the public. (j) Violating this chapter or a rule that is adopted by the board pursuant to this chapter. This specifically relates to a violation of A.A.C. R4-19-308(B), requiring a licensee to notify the Board of any change in mailing address within 30 days. A.A.C. R4-19-403 (17), (18), and (20) describes various conducts or practices that are or might be harmful to the public, respectively, 1. A pattern of failure to maintain minimum standards of acceptable and prevailing nursing practice. 2. Intentionally or negligently causing physical or emotional injury. .... 20. Engaging in fraud, misrepresentation, or deceit in taking a licensing examination or on an initial or renewal application for a license of certificate. .... 26. Making a false or inaccurate statement to the Board or the Board’s designee in the course of an investigation. 27. Making a false or misleading statement on a nursing or health care related employment or credential application concerning previous employment, employment experience, education, or credentials. . . . .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. A.R.S. § 32-1666(A)(2) provides that it is unlawful for a person to, not so licensed, use any title, abbreviation, letters, etc. to indicate that the person is a registered nurse. A.R.S. § 32-1667(1)(A) provides that it is a class 6 felony to sell or fraudulently obtain or furnish any nursing diploma, certificate, license, permit or record.

CONCLUSIONS OF LAW 1. The Complaint and Notice of Public Hearing that the Board e-mailed and mailed to Respondent at her address of record was reasonable, and Respondent is deemed to have received notice

of the hearing. See A.R.S. § 41-1092.04; A.R.S. § 41-1061(A).

2. This matter lies within the Board’s jurisdiction under A.R.S. § 32-1606(B). 3. The Board bears the burden of proof and must establish cause to penalize Respondent’s LPN 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).

4. “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 § (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).

5. The Board established by a preponderance of the evidence that Respondent acted in violation Board-regulated standards and practices as defined in A.R.S. § 32-1601(26)(a), (d), (g), (h), and (j); A.R.S. §§ 32-1667(1) and 32-1666(A)(2); A.A.C. R4-19-403(1), (2), (20), (26), (27), and (31);

and A.A.C. R4-19-308(B).

6. Given Respondent’s violations of law and rules, and Respondent’s failure to attend the hearing in this matter, Respondent has demonstrated that she cannot be regulated. Thus, the Board established cause to impose a disciplinary sanction against Respondent’s license under the forgoing

laws and rules.

ORDER In view of the Findings of Fact and Conclusions of Law, the Board issues the following Order: Pursuant to A.R.S. § 32-1664(N), the Board REVOKES practical nurse license number

LP044766 issued to CORETTA ARLENE MATHIE.

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.

Respondent may apply for reinstatement of the said license pursuant to A.A.C. R4-19-404 after a period of five years. DATED this 25th day of January, 2019. ARIZONA STATE BOARD OF NURSING SEAL

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

COPIES mailed this 25th day of January, 2019, by First Class Mail and Certified Mail Certificate No. [account number redacted] 9720 to:

Coretta Arlene Mathie 9595 E Thunderbird Rd Apt 1079 Scottsdale, AZ 85260 COPIES of the foregoing mailed this 25th day of January, 2019, to: Case Management Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix AZ 85007 Elizabeth Campbell Assistant Attorney General Arizona Attorney General’s Office 2005 North Central Avenue Phoenix, Arizona 85004

By: T. Smith