ALJDEC decisions subject to certification as final
21A-1703121-NUR · State Board of Nursing · 2021-04-20
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF PRACTICAL NURSE LICENSE NO. LP040754
ISSUED TO:
CRYSTAL BALDENEGRO,
RESPONDENT.
No. 21A-1703121-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 15, 2021, with the record held open until March 31, 2021
APPEARANCES: Respondent Crystal Baldenegro did not appear. The Arizona State Board of Nursing was represented by Assistant Attorney General Sunita Krishna.
ADMINISTRATIVE LAW JUDGE: Kay Abramsohn
_____________________________________________________________________
FINDINGS OF FACT
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.
Respondent holds Board-issued Practical Nurse License No. LP040754.
In July 2014, Respondent was charge with custodial interference for which she entered into a Plea Agreement/Diversion; however, Respondent failed to fulfill the terms of the agreement and, on April 23, 2015, Respondent pled guilty and was convicted.
With her renewal application in March 2017, Respondent self-reported that she had been arrested in February 2015, and eventually charged and convicted, on July 23, 2015, for the misdemeanor of Disorderly Conduct Fighting (DV) in Scottsdale, Arizona.
On October 17, 2020, the Board received a complaint from Respondent’s employer Life Care Center of Scottsdale (LCCS) alleging that on October 17, 2020, Respondent was observed by other employees: (a) slurring her words and stumbling; (b) not walking straight, unable to make eye contact, and spoke very slowly; and, (c) with flushed complexion, bloodshot eyes, glazed look, reddened eyes, excessive talkativeness, irrational speech pattern, cursing, and disheveled clothing. Respondent was taken to the emergency department (ED) at Honor Health-Shea for urinalysis testing; however, once triaged, Respondent ran out of the ED prior to testing.
Based on this complaint the Board opened an investigation.
On October 20, 2020, the Board sent an Investigative Questionnaire to Respondent to be completed by November 3, 2020. The Board did not receive any response from Respondent.
LCCS terminated Respondent’s employment on October 23, 2020.
When contacted by the Board’s Investigator P. Millben on November 16, 2020, regarding this matter, Respondent indicated that she had not received the Questionnaire because she had a new address for which she had not updated the Board within the requisite timeframe.
On December 3, 2020, the Board sent a copy of the Investigative Questionnaire to Respondent at her new address. Investigator Millben had requested Respondent to complete the Questionnaire by December 17, 2020. The Board did not receive any response from Respondent.
When interviewed by Investigator Millben on December 3, 2020, Respondent provided her statement regarding the October 17, 2020 incident.
During its investigation, the Board found that Respondent had been arrested in October 2019, charged in November 2019, and convicted in September 2020 with regard to DUI and blood alcohol content (BAC) >.20. Respondent failed to report the arrest within the requisite 10-day timeframe.
By Notice dated January 12, 2021, the Board notified Respondent that it would be considering its Proposed Findings of Public Emergency and Order of Summary Suspension at it January 28, 2021 Board Meeting.
On January 28, 2021, the Board summarily suspended Respondent’s practical nurse license and requested that proceedings be promptly instituted and determined.
On or about February 19, 2021, the Board issued a Complaint and Notice of Hearing, Summary Suspension Expedited Hearing, that alleged violations of A.R.S. § 32-1601(26)(d), (g), and (j) and A.A.C. R4-19-403(9), (17), (25)(a), (28), and (31).
The Notice of Hearing was sent via certified mail to Respondent at her new address of record.
Respondent did not appear telephonically or by video conference 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 an opportunity 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 prior to the hearing convening. Consequently, Respondent did not present any evidence to defend her practical nurse license.
CONCLUSIONS OF LAW
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).
This matter lies within the Board’s jurisdiction under A.R.S. § 32-1606(B)(10).
The Board bears the burden of proof and must establish cause to penalize Respondent’s practical nurse 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 Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).
“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).
The Board established by a preponderance of the evidence that Respondent engaged in unprofessional conduct as was alleged in the Complaint and Notice of Hearing, which is incorporated by reference herein. As such, the Board established cause to impose disciplinary sanction against Respondent’s license under A.R.S. § 32-1663(D) and A.R.S. § 32-1664(N).
RECOMMENDED ORDER
Based on the foregoing, the Administrative Law Judge recommends that the Board affirm its order summarily suspending Respondent Crystal Baldenegro’s Practical Nurse License number LP04054.
The Administrative Law Judge further recommended that the Board revoke Respondent Crystal Baldenegro’s Practical Nurse License number LP040754.
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.
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-137160-45720000Done this day, April 20, 2021.
/s/ Kay Abramsohn
Administrative Law Judge
Transmitted electronically to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing