ALJDEC decisions subject to certification as final

21A-201901088-NUR · State Board of Nursing · 2020-10-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF PRACTICAL NURSE LICENSE NO. LP046703 ISSUED TO:

KATIE LYNN BAKER,

AKA: Katie Lynn Czapczyk

RESPONDENT

No. 21A-[number redacted]-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 27, 2020, with the record held open until September 10, 2020

APPEARANCES: The Arizona State Board of Nursing was represented by Assistant Attorney General Marc H. Harris. Respondent Katie Lynn Baker did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

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 (LPN) license number LP046703.

On or about January 5, 2019, Respondent was admitted to a hospital in Honor Health Scottsdale Osborn Medical Center, Scottsdale, Arizona, for a polysubstance overdose. Respondent’s urine drug screen was identified as positive for cocaine and methadone.

On or about August 6, 2019, during a telephone call with Board staff, Respondent admitted to Board staff that her drug test was positive for either methadone or heroin with cocaine.

On or about June 14, 2019, Board staff provided the Investigative Questionnaire for Complaint #1 from Honor Health to Respondent, via first class mail, at the address recorded with the Board with a due date of July 15, 2019.

On or about September 23, 2019, Board staff sent a second Investigative Questionnaire for Complaint #1 to Respondent, via first class mail, at the address recorded with the Board with a due date of October 7, 2019. The mail was not returned as undeliverable and no response was received.

As of the date of the hearing, Respondent had failed to provide a written response in violation of statute and rule.

On or about July 2, 2020, during a telephonic interview with Board staff, Respondent told Board staff that she has short-term memory loss since her January 5, 2019 hospitalization which she believed caused her to be slower in her documentation.

Between 2018 and 2020, Respondent was terminated from several facilities at which she was practicing as a LPN and subsequently lied about the terminations on employment applications in violation of statute and rule.

On August 1, 2018, Respondent was terminated from Wellsprings Therapy Center of Gilbert, Arizona, for performance issues.

On October 24, 2018, Respondent was terminated from North Mountain Medical and Rehabilitation Center in Phoenix, Arizona, for performance issues.

On September 4, 2019, Respondent was terminated from Unhooked Recovery in Mesa, Arizona, for insubordination- Failure to take a for-cause drug screen after acting impaired at work.

On November 21, 2019, Respondent was terminated from New Hope Behavioral Health Center in Mesa, Arizona, for No Call/No Show.

On February 5, 2020, Respondent was terminated from MiCasa Nursing Center in Mesa, Arizona, for performance issues such as tardiness, inability to perform work duties, and not following the policy for medication administration.

On April 20, 2020, Respondent was terminated from Haven of Globe in Globe, Arizona, for reported attendance and documentation issues, sleeping on duty and leaving medication keys unattended.

Respondent subsequently lied about her terminations on the following employment applications:

On August 21, 2018, Respondent falsely wrote on her application for employment at North Mountain that her reason for leaving Wellsprings was “Had surgery, oral” when Respondent had been terminated from Wellsprings for performance issues.

On October 25, 2018, on her application for employment at Unhooked, under Work Experience, Respondent wrote: “See Resume” however Respondent’s resume did not disclose Wellsprings or North Mountain as previous employers at which she had also been terminated. Further for the question: “Have you ever been terminated or asked to resign from any job?” Respondent falsely checked “No” despite numerous terminations.

On October 3, 2019, Respondent completed her application for employment for New Hope and under section “Previous Employment” and “Reason for Leaving” Respondent wrote “See Resume” however on her resume Respondent failed to disclose her employment and subsequent terminations from North Mountain and Unhooked.

On October 8, 2019, Respondent completed an application for MiCasa and falsely wrote that her reason for leaving Unhooked was due to the employer “Needing RN to open detox” and that her reason for leaving Wellspring was “Moved to a director position” when she was in fact terminated from both facilities. Respondent also failed to disclose she was terminated from North Mountain and New Hope.

On May 12, 2020, Respondent completed her application for employment at Plaza Healthcare, Scottsdale, Arizona. Respondent failed to disclose her most recent employer, Haven of Globe, at which she was terminated. Respondent further falsely indicated that her reason for leaving employment with each of her employers was “voluntary” when in fact she was terminated. Further, Respondent also wrote that “from 3/20 to current” her reason for being unemployed was because she “went to Florida to help an ill family member”, however, she was working at Haven of Globe until she was terminated on April 16, 2020.

The Board received an online Complaint #2 that on April 15, 2020, while working as an LPN at Haven of Globe in Globe, Arizona, Respondent had left her keys to the medication cart unattended which resulted in a resident gaining access to the medications, in part leading to her termination.

On May 8, 2020, Board staff provided the Investigative Questionnaire for Complaint #2 from Haven of Globe to Respondent, via first class mail, at the address recorded. The mail was not returned as undeliverable and no response was received as required. As of the date of the hearing, Respondent had failed to provide a written response in violation of statute and rule.

On July 2, 2020, Board staff telephonically interviewed Respondent who admitted that she left the keys on top of the medication cart which resulted in a resident obtaining medications.

On or about July 23, 2020, the Board summarily suspended Respondent’s practical nurse license and requested that proceedings be promptly instituted and determined.

On or about August 7, 2020, 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), (h), and (j) and A.A.C. R4-19-403(1), (5), (9), (18), (27), and (31).

The Notice of Hearing was sent via certified mail to Respondent at her address of record.

Respondent did not request to appear in person 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 15 minutes to allow Respondent additional time to connect to the hearing, 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’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).

“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 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) 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 Katie Lynn Baker’s Practical Nurse License number LP046703.

It is further recommended that the Board revoke Respondent Katie Lynn Baker’s Practical Nurse License number LP046703.

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, October 6, 2020.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director

State Board of Nursing

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-137160-45720000