FINACT20A-1604030-NUR.pdf

20A-1604030-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 24, 2020

RE: CATHERINE C MCMAHON Docket No. 20A-1604030-NUR ______________________________________________________________________________

On January 24, 2020, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), in which the ALJ affirmed the summary suspension and recommended that the Board Revoke Registered Nurse License Number RN176739 issued to Catherine C McMahon.

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. RN176739 (Expired 4/1/17) FINDINGS OF FACT, ISSUED TO: CONCLUSIONS OF LAW AND ORDER CATHERINE C MCMAHON NO. 20A-1604030-NUR AKA: CAROL CATHERINE MCMAHON; AKA: CAROL CATHERINE CANNON AKA: CAROL PFLIEGER SHOOK AKA: CAROL CATHERINE SHOOK AKA: CAROL PFLIEGER AKA: CATHERINE SHOOK RESPONDENT

A hearing was held before Antara Nath Rivera, Administrative Law Judge (“ALJ”), at 1740 West Adams Street, Lower Level, Phoenix Arizona, on November 27, 2019. Elizabeth Campbell, Assistant Attorney General, appeared on behalf of the State. Catherine C. McMahon (“Respondent”) was not present and was not represented by counsel.

On January 7, 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

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 (A.R.S.). 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. Catherine C. McMahon (Respondent) holds Board-issued RN License No. RN176739 (initially issued in December 2012) in the State of Arizona. 3. On or about April 13, 2016, the Idaho State Board of Nursing notified the Board that

Respondent may have mental health issues that could negatively impact her ability to safely practice as

a nurse. 4. On or about April 29, 2016, in an interview with the Board, Respondent reported she was receiving treatment for a mental health condition.

5. On or about May 9, 2016, the Board received written notice from Respondent which

noted that her last two jobs ended in termination. Respondent also acknowledged she suffered from a mental health condition. 6. Up to and including September 24, 2019, Respondent exhibited tangential communication and disorganized and delusional thought processes in her written and verbal

communication with Board Staff.

7. On an undisclosed date, Respondent reported to the Board that she had not been employed as a nurse since February 2014. 8. On or about November 19, 2019, the Board issued a Complaint, Notice of Hearing, and

Summary Suspension Hearing alleging that cause existed to discipline Respondent’s Board-issued RN

License No. RN176739 under A.R.S. § 32-1601 through 1669, and Arizona Administrative Code (A.A.C.) R4-19-101 to R-19-815. 9. The Board alleged that Respondent committed the following violations:

A.R.S. § 32-1601(26)(d)(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.

A.R.S. § 32-1601(26)(e)(Being mentally incompetent or physically unsafe to a degree 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.

10. The Board referred the matter to the Office of Administrative Hearings (OAH), an independent agency, for an evidentiary hearing. A hearing was scheduled to convene on November 27,

2019. Respondent failed to appear.

HEARING EVIDENCE 11. The Board presented witness Diane Caruso, RN, advanced practice consultant and investigator for the Board. Nurse Caruso testified that in 2014, Respondent’s daughter contacted the Idaho State Board of Nursing seeking help for Respondent and to notify it that Respondent should not

practice due to failing mental health.

12. On or about April 13, 2016, the Idaho State Board of Nursing notified The Board was notified of this because Respondent had a Board-issued RN License since 2012. 13. On or about April 29, 2016, the Board’s investigator, Stephanie Chambers, learned that

Respondent moved to Illinois and was diagnosed with schizophrenia. Ms. Chambers sent Respondent

an investigative questionnaire to be completed by May 22, 2016. 14. On or about May 9, 2016, the Board received a comprehensive and completed questionnaire from Respondent. Nurse Caruso testified that Respondent was arrested for simple battery

and underwent a mental health assessment as part of her sentence. Nurse Caruso opined that

Respondent self-diagnosed herself because she hand wrote “likely dissociative disorder=depression” next to box that was circled “[n]urse’s mental health issues.”

15. On or about August 22, 2019, Nurse Caruso attempted to interview Respondent. Nurse Caruso and Respondent exchanged multiple emails regarding a date and time to talk. Respondent’s emails were non responsive to setting a date and time. In her emails, Respondent attached an article on

Ketamine, an article of a mother losing her toes, and a picture of Bob Barker from the Price is Right

television show. 16. On or about September 9, 2019, Nurse Caruso sent Respondent a proposed consent agreement to voluntarily surrender her license. In response to the proposed consent agreement,

Respondent emailed an incoherent letter and alleged that no cause of action existed by the Board and

that no history of mental illness existed. Respondent attached the Supreme Court of Texas case, In re Halliburton Company and Brown & Root Energy Services, Realtors. This was not relevant to the consent agreement to voluntarily surrender her nursing license. 17. On or about November 14, 2019, the Board met to consider the complaint filed against

Respondent. The Board issued its Findings of Public Emergency and Order of Summary Suspension

and summarily suspended Respondent’s nursing license. 18. On or about November 26, 2019, Respondent emailed the Board another incoherent response that addressed British politics and the Uniform Code of Military Justice but not the summary

suspension.

19. Nurse Caruso testified that it was important for nurses to be able to communicate effectively, execute doctor’s orders efficiently, and make rational sense. Nurse Caruso opined that poor mental health conditions, in nurses, could pose patient safety problems if left untreated. Per Nurse

Caruso, all of Respondent’s communications were incoherent and clearly indicated that Respondent

suffered from mental health complications. Thus, the Board approved summary suspension must be upheld and Respondent’s nursing license must be revoked.

CONCLUSIONS OF LAW 1. This matter lies within the Board’s jurisdiction under A.R.S. §§ 32-1606(B)(10), 32- 1663, 32-1664, and 41-1092.11(B) to regulate and control the licensure and practice of nursing in the

State of Arizona. Pursuant to A.R.S. §§ 32-1601 to 1669 and A.A.C. R4-19-101 to 815 the Board has

authority to impose disciplinary sanctions for violations of the Nurse Practice Act. 2. The Complaint, Notice of Public Hearing, and Summary Suspension Hearing that the Board emailed 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, 41-1061(A).

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. 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 evidence showed that the Board was alerted by the Idaho State Board of Nursing

that Respondent may have mental health issues. Respondent admitted to receiving treatment for a mental health condition. Throughout the Board’s investigation, Respondent corresponded with the Board via email. Respondent’s emails were incoherent and not relevant to the issues discussed.

6. The Board established, by a preponderance of the evidence, that Respondent engaged in

the conduct alleged in the Complaint, Notice of Public Hearing, and Summary Suspension Hearing.

7. In light of the risk of potential harm and danger to patients as a result of Respondent’s mental health conditions and violations of the Nurse Practice Act, the Board established cause to impose a disciplinary sanction against Respondent’s license under A.R.S. § 32-1601(26)(d) and § 32-

1601(26)(e).

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(O), the Board REVOKES Registered Nurse License Number

RN176739 issued to CATHERINE C. MCMAHON.

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 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 24th day of January, 2020, by First Class Mail and Certified Mail No. [account number redacted] 4509 to: Catherine C McMahon 1016 Cedar Street Wood River, IL 62095 Respondent COPIES of the foregoing mailed this 24th day of January, 2020, 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