FINACT19A-1801100-NUR.pdf

19A-1801100-NUR · State Board of Nursing · 2018-11-20

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: November 15, 2018

RE: Danielle Marie Summers Docket No. 19A-1801100 -NUR ______________________________________________________________________________

On November 15, 2018, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board revoke registered nurse license number RN208594 issued to Danielle Marie Summers.

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 REGISTERED NURSE LICENSE NO. RN208594 FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER DANIELLE MARIE SUMMERS, NO. 19A-1801100 -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 2, 2018. Elizabeth Campbell, Assistant Attorney General, appeared on behalf of the State. Danielle Marie Summers (“Respondent”) was not present and was not represented by counsel.

On October 29, 2018, the ALJ issued Findings of Fact, Conclusions of Law and

Recommendations. On November 15, 2018, 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 RN208594.

3. On or about February 21, 2018, Respondent provided a written statement to the Board in which she reported that she had been arrested on December 14, 2017, and was being charged with organized retail theft and trafficking stolen property. Respondent stated that the charges were not drug

charges, but were related to her drug use. Respondent stated that she was a drug addict and she relapsed after she passed the NCLEX. Respondent indicated that a few days after she was released from jail, she entered into a detox facility, and the day after she was discharged from the detox facility, she was

admitted into a sober living facility and would be there at least 90 days.

4. On or about March 13, 2018, Respondent told Board Staff that she had a substance abuse problem and just got out of a 90 day inpatient rehabilitation program, and was getting ready to go into sober living.

5. On or about March 20, 2018, Respondent told Board Staff that her addiction was more

than just alcohol and that she used heroin and methamphetamines. 6. On or about May 30, 2018, Respondent told Board Staff that she had been using drugs for the past eight years. Respondent reported her use was off and on and when she began going to nursing school, she had been doing very well. Respondent stated that she graduated in 2017 and, within

a few months, she relapsed and began smoking methamphetamines and heroin.

7. On or about May 30, 2018, Respondent told Board Staff that her boyfriend got her addicted to drugs and he would steal clothing, jewelry, games, and Xboxes. Respondent admitted to Board Staff that her boyfriend would bring the items that he had stolen to her home and she sold the

items online.

8. On or about December 19, 2017, Respondent was charged with trafficking in stolen property and organized retail theft, felonies, in Maricopa County Superior Court in case number CR2017030600.

9. On or about June 20, 2018, Respondent was convicted pursuant to her May 16, 2018

guilty plea to the amended charge of facilitation to commit trafficking in stolen property, a class 6 undesignated felony.

10. On or about September 12, 2018, the Board summarily suspended Respondent’s registered nurse license and requested that proceedings be promptly instituted and determined. 11. On or about September 19, 2018, the Board issued a Complaint and Notice of Hearing,

Summary Suspension Expedited Hearing, that alleged violations of A.R.S. § 32-1601(26)(b), (d), (g),

and (h); 1 A.A.C. R4-19-403(15), (17), and (18); 2 and A.R.S. § 32-1606(B)(16). 3 12. The Notice of Hearing was sent via certified mail to Respondent at her address of record.

13. Respondent did not request to appear telephonically at the duly noticed hearing and did

not request that the hearing be continued prior to the hearing convening. Although the start of the hearing was delayed 20 minutes to allow Respondent additional travel time, 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 prior to the hearing convening. Consequently, Respondent did not present any

evidence to defend her Registered Nurse License.

1 A.R.S. § 32-1601(22)(b), (d), (g), and (h) defines “unprofessional conduct” to include, respectively,

“[c]ommitting a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission,” “[a]ny conduct or practice that is or might be harmful or dangerous to the health of a patient or the public,” “[w]ilfully or repeatedly violating a provision of this chapter or a rule adopted pursuant to this chapter,” and “[c]ommitting an act that deceives, defrauds or harms the public..” This rule further defines “unprofessional conduct” to include the following: 15. Removing, without authorization, any money, property, or personal possessions, or requesting payment for services not performed from a patient, employer, co-worker, or member of the public. .... 17. 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; 18. 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. § 32-1606(B)(16) provides that the Board shall, “[e]xcept for a licensee who has been convicted

of a felony that has been designated a misdemeanor pursuant to section 13-604, revoke a license of a person . . . who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing an application pursuant to this chapter.”

CONCLUSIONS OF LAW 1. The Notice of Hearing that the Board 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)(10). 3. 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.

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 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) 4 and A.R.S. § 32-1664(N). 5

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 registered nurse license number

RN208594 issued to DANIELLE MARIE SUMMERS.

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.

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 15th day of November, 2018. ARIZONA STATE BOARD OF NURSING SEAL

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

COPIES mailed this 15th day of November, 2018, by First Class Mail and Certified Mail No. [account number redacted] 8938 to:

Danielle Marie Summers 2020 E Inverness Ave Apt 2088 Mesa, AZ 85204

COPIES of the foregoing mailed this 15th day of November, 2018, 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