ALJDEC decisions subject to certification as final
21A-202004203-NUR · State Board of Nursing · 2021-05-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF THE PRIVILEGE TO PRACTICE NURSING UNDER THE NURSE LICENSURE COMPACT IN THE STATE OF ARIZONA ISSUED TO:
MONIQUEMARIE ANN HATRICK, RESPONDENT
(TX) NURSE LICENSE NO. RN-572151
-AND-
IN THE MATTER OF ARIZONA REGISTERED NURSE LICENSE NO. TRN182356
ISSUED TO:
MONIQUEMARIE ANN HATRICK,
RESPONDENT
No. 21A-[number redacted]-NUR
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: April 16, 2021
APPEARANCES: No one appeared for Moniquemarie Ann Hatrick; Sunita Krishna, Esq. for the Board of Nursing
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
The Arizona State Board of Nursing (“Board”) is the authority for licensing and regulating the practice of nursing in the State of Arizona. Ariz. Rev. Stat. §§ 32-1606, 32-1663, 32-1664.
On April 5, 2021, the Board issued a “Complaint and Notice of Hearing, Summary Suspension, Expedited Hearing” setting the above-captioned matter for hearing at 9:00 a.m. April 16, 2021 at the Office of Administrative Hearings in Phoenix, Arizona.
Respondent Moniquemarie Ann Hatrick did not appear at the scheduled hearing time and the matter was convened in her absence at about 9:17 a.m.
The Board presented the testimony of senior investigator Susan Bushong.
On or about May 20, 2015, Ms. Hatrick filed with the Board an application by endorsement and an application for a temporary license.
Ms. Hatrick holds registered Texas nurse license number TRN-182356 and has authority to practice in Arizona under the Nurse Licensure Compact.
Ms. Hatrick holds Arizona temporary registered nurse license TRN182356 that expired on December 23, 2015.
On April 4, 2020, Ms. Hatrick was employed by Health Temp working at Hu Hu Kam Memorial Hospital.
On April 11, 2020, the Board received an anonymous complaint alleging that on April 4, 2020 while Ms. Hatrick was on duty at the Hospital an employee observed that Ms. Hatrick had a bottle of alcohol.
The Hospital had Ms. Hatrick undergo a for-cause drug test. Ms. Hatrick had a breath alcohol level confirmed at 0.030%.
The Hospital is an Indian Health Facility and did not report the incident to Ms. Hatrick’s employer.
Through a letter dated June 15, 2020, the Board informed Ms. Hatrick that the complaint had been filed and provided her with a questionnaire that was to be completed and returned to the Board by July 15, 2020.
The Board’s June 15, 2020 letter was sent to Ms. Hatrick’s address of record. Ms. Hatrick did not respond to the letter and did not return a completed questionnaire.
Through an email dated December 4, 2020, Ms. Bushong informed Ms. Hatrick that she had trying to reach Ms. Hatrick. Ms. Hatrick did not respond to that email.
Through a letter dated February 8, 2021, the Board again informed Ms. Hatrick that the complaint had been filed and provided her with a questionnaire that was to be completed and returned to the Board by February 22, 2021.
The Board’s February 8, 2021 letter was sent to an address in Globe that Ms. Bushong obtained from Health Temp and to another address that was associated with Ms. Hatrick’s license.
Ms. Hatrick did not respond to the February 8, 2021 letter and did not return the questionnaire.
During the Board’s investigation, it learned that on June 19, 2015, while Ms. Hatrick was driving in Sierra Vista, she was stopped because her car had no tail lights.
Ms. Hatrick’s Arizona driver license was suspended on June 19, 2015 and she had an open container in her car.
Ms. Hatrick was found to be under the influence of alcohol with a Portable Breath Test reading of 0.11%. After a deprivation period Ms. Hatrick had readings of 0.94 and 0.088. Despite alcohol in her car and in her system, she denied that she had been drinking after she was asked if she had felt its affects while driving.
Through a Direct Information dated January 5, 2016, Ms. Hatrick was charged with two counts of aggravated driving under the influence while her license was suspended, which are felonies.
On January 15, 206, Ms. Hatrick pleaded guilty to driving under the influence, a misdemeanor.
Ms. Hatrick did not report her arrest or conviction to the Board.
The Board summarily suspended Ms. Hatrick’s license at a Board meeting held on March 30, 2021.
The Board alleges that Ms. Hatrick has committed acts of unprofessional conduct within the meaning of the applicable statutes and rules.
Ms. Bushong’s opinion was that Ms. Hatrick is unable to be regulated as evidenced by her failures to respond to the Board during its investigation.
The Board requested that Ms. Hatrick’s license be revoked.
CONCLUSIONS OF LAW
The Board bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(2).
The standard of proof on all issues is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.
A preponderance of the evidence is:
The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Black’s Law Dictionary 1373 (10th ed. 2014).
The Board has jurisdiction over the practice of nursing in Arizona. Ariz. Rev. Stat. §§ 32-1606, 32-1663, 32-1664.
Because the Board began its investigation less than five years after Ms. Hatrick’s Arizona temporary nurse license expired, the Board has jurisdiction over that license. Ariz. Rev. Stat. § 32-1664(C).
The preponderance of the evidence shows that Ms. Hatrick was under the influence of alcohol while on duty at Hu Hu Kam Hospital, conduct in violation of Ariz. Admin. Code sections 4-19-403(9) and (17), and unprofessional conduct under Ariz. Rev. Stat. sections 32-1601(26)(d) (conduct that is, or might be, harmful or dangerous to the health of a patient or the public) and (26)(j)(violation of a statute or rule).
The preponderance of the evidence shows that Ms. Hatrick failed to respond to the Board’s requests to provide an explanation of the issues under investigation, conduct in violation of section 4-19-403(25)(a), and unprofessional conduct under Ariz. Rev. Stat. sections 32-1601(26)(d) and (26)(j).
The preponderance of the evidence shows that Ms. Hatrick failed to report to the Board that she had been charged with aggravated driving under the influence and that she had been convicted of driving under the influence, conduct in violation of Ariz. Rev. Stat. section 32-3208 and section R4-19-403(28), and unprofessional conduct under Ariz. Rev. Stat. sections 32-1601(26)(d) and (26)(j).
The Board also alleges that Ms. Hatrick violated Ariz. Admin. Code section 4-19-403(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”), but did not prove that allegation because it presented no evidence of wrong-doing that is not included within the statutes and rules previously cited.
The preponderance of the evidence shows that it was appropriate for the Board to have summarily suspended Ms. Hatrick’s license.
Because Ms. Hatrick has committed unprofessional conduct, the Board has authority to discipline her registered nurse license. Ariz. Rev. Stat. §§ 32-1663 and 32-1664.
Considering the facts and circumstances of this matter, particularly Ms. Hatrick’s failure to respond during the Board’s investigation and her failure to appear at the hearing, it is recommended that Ms. Hatrick’s Arizona temporary registered nurse license TRN182356 and her privilege to practice under the Nurse Licensure Compact both be revoked.
RECOMMENDED ORDER
IT IS ORDERED that Moniquemarie Ann Hatrick’s Arizona temporary registered nurse license TRN182356 and her privilege to practice under the Nurse Licensure Compact both are revoked.
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, May 21, 2021.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing
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