ALJDEC decisions subject to certification as final

21A-2020080076-NUR · State Board of Nursing · 2021-03-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF PRACTICAL NURSE LICENSE NO. LP047453 ISSUED TO:

TAGRIED PERVAIZ,

RESPONDENT

No. 21A-[number redacted]-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 17, 2021, with the record held open until March 3, 2021

APPEARANCES: Respondent Tagried Pervaiz did not appear. The Arizona State Board of Nursing was represented by Assistant Attorney General Elizabeth A. Campbell.

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 License No. LP047453.

On August 5, 2020, the Board received a complaint from Brian Balliet, Administrator of Sapphire of Tucson Nursing and Rehab, that provided as follows:

On Friday, 7/31/2020, I, Brian Balliet, Administrator, Sapphire of Tucson Nursing & Rehab, received a telephone call from DEA Agent Kevin Black [REDACTED]. Agent Black informed me that [Respondent] was arrested on Wednesday, 7/29/2020, for selling Oxycodone to undercover agents. He informed me on several occasions [Respondent] sold varying strengths and quantities of Oxycodone to undercover agents. These transactions date back to last year involving [Respondent] with the most recent on 7/29/2020, when he was arrested. Agent Black stated [Respondent] was arrested, processed and released (not permitted to hold due to COVID). The case will go in front of a Grand Jury when Grand Jury’s [sic] reconvene. Immediately after learning this information, Sapphire of Tucson suspended [Respondent]. An audit was completed of med carts and all found to be in order. [Respondent] remains suspended from employment. There was no known harm to patients in his care.

Based on this complaint the Board opened an investigation.

Agent Black provided Board staff with the details of the Drug Enforcement Agency (DEA) investigation. During the course of the investigation, Respondent sold Oxycodone to undercover DEA agents on November 22, 2019; February 7, 2020; March 6, 2020; and July 6, 2020. On July 29, 2020, Respondent was going to meet with an undercover DEA agent for a planned sale when he was arrested. Respondent was transported to the Tucson District office to be processed and was released due to COVID-19 concerns.

On or about September 24, 2020, Respondent submitted a written statement to the Board in which he wrote that on July 29, 2020, he was involved in an incident during which he was detained by an officer when he was in possession of Percocet. Respondent reported that no charges were filed against him and no citation was given.

On or about 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 2, 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), (h), and (j) and A.A.C. R4-19-403(18) and (19).

The Notice of Hearing was sent via certified mail to Respondent at his 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, he 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 his practical nurse license.

CONCLUSIONS OF LAW

The Notice of Hearing that the Board mailed to Respondent at his 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 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 Tagried Pervaiz’s Practical Nurse License number LP047453.

It is further recommended that the Board revoke Respondent Tagried Pervaiz’s Practical Nurse License number LP047453.

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, March 17, 2021.

/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