ALJDEC decisions subject to certification as final
21A-202004339-NUR · State Board of Nursing · 2020-11-25
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF REGISTERED NURSE LICENSE NO. RN212539
ISSUED TO:
ASHTON MAKENZIE CONNER,
RESPONDENT.
No. 21A-[number redacted]-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 13, 2020
APPEARANCES: Respondent Ashton Makenzie Connor did not appear. Assistant Attorney General Elizabeth Campbell appeared on behalf of the Arizona State Board of Nursing (Board).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
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, 32-1663, and 32-1664. 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 through 32-1667.
The Board issued Registered Nurse (RN) License No. RN212539 in the
State of Arizona to Respondent Ashton Makenzie Connor.
On September 24, 2020, the Board summarily suspended Ms. Connor’s
license. The Board referred the matter to the Office of Administrative Hearings (OAH), an independent agency, for an expedited evidentiary hearing.
On October 16, 2020, the Board issued a Complaint and Notice of
Hearing on the summary suspension, setting a hearing on November 13, 2020, at 9:00 a.m. The Complaint and Notice of Hearing alleged certain facts and, based on those facts, charged cause to discipline Respondent’s license under A.R.S. § 32-1601(26)(d), specifically A.A.C. R4-19-403(5), (9), (16), (18), (27), and (31), A.R.S. §§ 32-1601(26)(h), and 32-1601(26)(j).
The Board sent the Complaint and Notice of Hearing via certified and
regular mail to Respondent at her address of record.
A hearing was held on November 13, 2020. The Board submitted ten
exhibits and presented the testimony of the Board’s Nurse Practice Consultant, Stephanie Chambers, Carolyn Todd, Jasmine Atchison-Saari, and Jeffrey Starke.
7. Respondent did not appear, personally or through an attorney. Consequently, Respondent did not present any evidence to defend her license.
Testimony of Carolyn Todd
8. Carolyn Todd was the Charge Nurse in the CCD at Arrowhead.
9. Ms. Todd worked the night shift on January 17, 2020.
10. On January 17, 2020, Ms. Connor worked the night shift as an RN at Abrazo Arrowhead Hospital (Arrowhead).
11. Ms. Connor worked in the Couplet Care Department (CCD).
12. At about 7:30 p.m. on January 17, 2020, the CCD was very busy. Two nurses in transition told Ms. Todd that Ms. Connor was on the telephone in the med room for approximately 45 minutes. Ms. Todd stated that it is not acceptable for a nurse to take a 45 minute phone call during the nurse’s shift.
13. At some time after 12:30 a.m. on January 18, 2020, Ms. Connor left Arrowhead without informing the nursing staff.
14. At about 12:30 a.m. on January 18, 2020, the preceptor notified Ms. Todd that she could not find Ms. Connor. Nursing staff began searching for Ms. Connor in the middle of a transition with a baby. Ms. Todd looked for Ms. Connor in the locker room, the bathroom, and in the three stairways on the unit.
15. Ms. Todd was unable to locate Ms. Connor.
16. Ms. Todd explained that a nurse must first notify the preceptor if she plans to leave the unit. Ms. Todd explained that it is imperative that nurses be present on the unit for patient safety.
17. At about 1:33 a.m. on January 18 2020, Ms. Connor called the unit and told the secretary that someone broke into her car.
Scottsdale Police Department Report
18. At about 1:08 a.m. on January 18, 2020, Ms. Connor called the Scottsdale Police Department (SPD) and stated that her husband, Jeffrey Starke, was threating her with a knife. See Exhibit 10, Bates 147. Ms. Connor was at Scottsdale Road and the 101 freeway at the time. See id.
19. Officer J. Arietta of the SPD responded to the call and arrived at Mr. Starke’s home at 1:13 a.m. on January 18, 2020. See Exhibit 10. Officer Arietta described Mr. Starke as “compliant and cooperative” in his narrative report. Mr. Starke denied making threats. Mr. Starke told Officer Arietta that he and Ms. Connor were going through a divorce. Mr. Starke told Officer Arietta that Ms. Connor was trying to cause problems. See id.
20. Mr. Starke reported that Ms. Connor abused prescription pills. Mr. Starke told Officer Arietta that Ms. Connor steals pills from the hospital. Officer Arietta suggested that Mr. Connor submit an anonymous report to the hospital regarding
Ms. Connor’s behavior. See Jeffrey Starke’s testimony at Hearing Audio 52:13 – 53:17.
Testimony of Jasmine Atchison-Saari
21. Jasmine Atchison-Saari is the Nurse Supervisor at Arrowhead Hospital.
Ms. Todd reported to Ms. Saari on January 18, 2020 that she had not seen Ms. Connor since 12:30 a.m.
22. The Arrowhead Emergency Room Department (ER) notified the CCD that Ms. Connor had been admitted the ER. After Ms. Saari was informed that Ms. Connor was at her vehicle. Ms. Saari walked over to Ms. Connor’s vehicle. Ms. Connor told Ms. Saari that she had been stabbed by Mr. Starke. Ms. Saari observed the area where Ms. Connor was allegedly attacked. Ms. Saari stated that the wound looked more like a pen or pencil puncture mark. Ms. Saari did not observe any “bleeding or flesh”. Ms. Connor told Ms. Saari, “he must not know how to stab somebody.”
Glendale Police Department Report
23. At 2:40 a.m. on January 18, 2020, while Glendale Police Department (GPD) Officer Matthew Salyers investigated Ms. Connor’s report of assault, Officer Salyers received consent from Ms. Connor to search her blue Jeep for evidence related to the assault. See Exhibit 7. Officer Salyers found several items in Ms. Connor’s vehicle::
A small clear baggie with rectangular pills marked “Xanax” on the front passenger seat.
Connor’s prescribed medication on the front seat, none of which included Xanax
A small black case labeled “THC” on the front passenger seat.
Vape cartridges inside of the case with unknown substances.
A small baggie with a white powdery substance. The officer believed that the substance was cocaine based on his experience and training.
A small black bag containing Connor’s old prescriptions.
The officer also found numerous single doses of prescription medication with a St. Joseph’s label of Oxycodone 5MG, 15MG, and 20 MG. In the same bag, the officer found green rectangular pills including alprazolam, and a vile of Liquid Morphine.
24. As Officer Salyers seized the items for evidence, he was notified by
Ms. Saari that Arrowhead received an anonymous tip that Ms. Connor was stealing medication from the hospital. The Officer asked Ms. Saari to perform an audit to determine if any medication was missing. Ms. Saari performed the audit. However,
Ms. Saari discovered that Ms. Connor would withdraw medication and note an astronomical mount for the amount returned. Therefore, Ms. Saari could not determine if any medication was missing.
25. On April 27, 2020, the Board received a complaint from Arrowhead that Ms. Connor was found to be in possession of narcotic drugs.
26. The Board sent a questionnaire to Ms. Connor regarding the complaint.
27. Ms. Connor responded that the only medication that she placed in her car was prescribed Sumatriptin. See Exhibit 4, Bates 022. However, the police did not find Sumatriptin in Ms. Connor’s vehicle. See Exhibit 7.
Testimony of Jeffrey Starke
28. Jeffrey Starke is Ms. Connor’s husband. Mr. Starke and Ms. Connor are in the process of obtaining a divorce. The divorce proceedings began in January of 2020. Mr. Starke and Ms. Connor have been married for 12 years. The morning of January 18, 2020, Mr. Starke stated that he never threatened Ms. Connor with physical harm. Mr. Starke knew that Ms. Connor worked at Arrowhead hospital. Mr. Starke said that it was not possible for him to have been interviewed by the SPD at 1:13 a.m. on January 18, 2020, and drive to Arrowhead and stab Ms. Connor. Mr. Starke never went to Arrowhead on the night of January 17, 2020, or the morning of January 18, 2020. Mr. Starke denied stabbing Ms. Connor. Mr. Starke explained that Ms. Connor has a history of depression. Mr. Starke stated that Ms. Connor purchased opioids on the “dark web.” Mr. Starke knew that the breast feeding bag was in Ms. Connor’s car. Mr. Starke denied putting medication in her bag and into her jeep. Mr. Starke worked as a CNA and never obtained medication from St. Joseph’s hospital. Mr. Starke denied altering Ms. Connor’s flu vaccine form.
Testimony of Stephanie Chambers
29. Stephanie Chambers, RN is a Nurse Practice Consultant for the Board. Ms. Chambers investigates complaints about nurses received by the Board.
30. On April 20, 2020, the Board received a complaint against Ms. Connor from Medical Solutions. Ms. Connor applied for a job as a traveling nurse with Medical Solutions. As a part of the application, Ms. Connor submitted a flu vaccination form that appeared to have white out and sections that had been typed over. Ms. Connor submitted the flu vaccination form to the Medical Solutions on March 31, 2020. However the date of the flu vaccination was September 13, 2020. The form provided that
Ms. Connor received the vaccination at West Valley Women’s Care (WV). The Board contacted WV. The Board discovered that WV had no records for Ms. Connor after 2016.
31. Ms. Chambers reviewed the emergency room report regarding Ms. Connor’s stab wound. The records show that Ms. Connor did not receive stiches for the wound and that she did not undergo surgery. Ms. Chambers observed that no x-rays were taken for internal damage. Ms. Chamber concluded that the injury was superficial.
32. Ms. Chambers reviewed the GPD report regarding the narcotics that were found in Ms. Connor’s vehicle. Ms. Chambers also reviewed the photographs taken by the GPD Officer. See Exhibits 1 through 10. Ms. Chambers explained that the GPD Officer found evidence of Xanax, Methocarbamol, and Lorazepam. Ms. Chambers explained that Ms. Connor previously worked in oncology at St. Joseph’s hospital. Ms. Chambers explained that the medication that the GPD officer found from St. Joseph’s hospital is the type of medication that would be available to an oncology nurse. Ms. Chambers explained that the GPD Officer also found Oxycodone, Oxycontin, injectable Morphine, Diazepam, Tramadol, Cephalexin, and Modafinil. The Methocarbamol, Lorazepam and Oxycodone were individually wrapped.
33. In her investigation, Ms. Chambers reviewed the GPD police department report and Ms. Connor’s response to law enforcement regarding the narcotics that were found in her vehicle. Ms. Connor told the GPD police officer that she carried those narcotics in her car because she provided home health care. Ms. Connor stated that she planned to find out if the hospital would take the medication for destruction.
34. Ms. Chambers explained that Ms. Connor was not performing home healthcare in January of 2020. Moreover, Ms. Chambers explained that medication is delivered to the patient from the pharmacy when home healthcare is provided. Ms. Chambers explained that it is below the standard of care for a nurse to carry controlled substances in the nurse’s vehicle. Regarding the destruction of medication, a nurse musts destroy medication in the presence of a witness and the witness must sign a written document regarding the destruction.
CONCLUSIONS OF LAW
This matter lies within the Board’s jurisdiction under A.R.S. § 32-1606(B)(10).
The Complaint and Notice of Hearing that the Board mailed via first class and certified mail to Respondent at her address of record was reasonable. Respondent is deemed to have received notice of the hearing.
The Board bears the burden of proof to establish cause to penalize Respondent’s registered nurse’s license by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”
The Board established by a preponderance of the evidence that Respondent committed unprofessional conduct as defined by A.R.S. § 32-1601(26)(d),(h), and (j).
The Board established by a preponderance of the evidence that Respondent committed unprofessional conduct as defined by A.R.S. § 32-1601(26)(d), as more specifically defined at A.A.C. R4-19-403(5),(9),(16),(18),(27), and (31).
The Board has established cause to impose disciplinary sanctions against Respondent’s license under A.R.S. §§ 32-1663(D) and 32-1664(N). Respondent’s failure to appear for the duly noticed hearing or to submit any evidence to defend her license indicates that at this time, she cannot be regulated.
RECOMMENDED ORDER
Based on the foregoing, the Administrative Law Judge recommends that the Board affirm its order summarily suspending Respondent Ashton Makenzie Connor’s Registered Nurse License No. RN212539.
It is further recommended that the Board revoke Respondent Ashton Makenzie Connor’s Registered Nurse License No. RN212539.
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.
Done this day, November 25, 2020.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing