ALJDEC decisions subject to certification as final

19A-1609073-NUR · State Board of Nursing · 2018-11-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 19, 2018 APPEARANCES: Coretta Arlene Mathie did not appear. The Arizona State Board of Nursing was represented by Assistant Attorney General Elizabeth Campbell. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer _____________________________________________________________________ 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 wanted 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 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” 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. §§ 32-1666(A)(2)[23] and 32-1667(1)(A).[24] The 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. 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 § 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). 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. RECOMMENDED ORDER Based on the foregoing, the Administrative Law Judge recommends that the Board revoke License No. LP044766 issued to Respondent Coretta Arlene Mathie. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be five days from the date of that certification. Done this day, November 26, 2018

/s/ Kay Abramsohn Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director State Board of Nursing ----------------------- [1] See Exhibit 1. [2] See Exhibit 2. [3] 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. [4] The complaint further noted that the patient has dreadlocks, and that the patient had since refused to have Respondent as his nurse. [5] See Exhibit 3. [6] See Exhibit 4. [7] See Exhibit 13. [8] See Exhibit 7. [9] Id. [10] See Exhibit 5. [11] See Exhibit 10. [12] See Exhibit 8. Respondent’s residence address given is redacted thereon. [13] See Exhibit 8. [14] See Exhibit 9. She indicated her “mailing” address to be in Florida. [15] She failed to disclose the 2016 Arizona investigation. [16] She failed to disclose the 2016 Arizona investigation. [17] See Exhibit 11. [18] See Exhibit 12. [19] See Exhibit 13. [20] 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. . . . . (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.

[21] 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. [22] 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.

[23] 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. [24] 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.

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Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826