ALJDEC decisions subject to certification as final

22A-2021060162-NUR · State Board of Nursing · 2022-04-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF REGISTERED NURSE LICENSE NO. RN088451

ISSUED TO:

LISA ANN WEST,

AKA: LISA ANN REBMAN,

RESPONDENT.

No. 22A-[number redacted]-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 4, 2022, with the record held open until March 22, 2022.

APPEARANCES: Respondent Lisa Ann West did not appear. The Arizona State Board of Nursing was represented by Assistant Attorney General Elizabeth Campbell.

ADMINISTRATIVE LAW JUDGE: Kay Abramsohn

_____________________________________________________________________

FINDINGS OF FACT

The Arizona State Board of Nursing (“Board”) has the authority to regulate and control the practice of nursing in the State of Arizona, pursuant to Arizona Revised Statutes (“A.R.S.”) §§ 32-1606, 32-1663, 32-1664, 41-1092.11(B). 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. §§ 32-1601through 1667 and Arizona Administrative Code (“A.A.C.”) Rules 4-19-101 to -815.

Respondent holds Board-issued Registered Nurse License No. RN088451.

On June 17, 2021, the Board received a complaint from Respondent’s employer Honor Health regarding Respondent’s failure to check in for her shift on May 27, 2021 and subsequent admittance to the Honor Health Emergency Department with intoxication and a blood ethyl alcohol level of .222%. The complaint indicated that Respondent had gone to her work unit, but did not check in, and indicated to other staff that she had “arm numbness” and left the work unit area to go the Emergency Department.

Based on the Honor Health complaint, the Board opened an investigation. The Board determined the following information regarding Respondent:

On May 27, 2021, Respondent arrived at Honor Health Scottsdale Shea Medical Center for her work shift that was to begin at 7:00 p.m.

Respondent did not check in for her shift, but due to symptoms of dizziness and arm numbness, she went the Emergency Department for treatment.

While Respondent denied any alcohol use on May 27, 2021 (and denied an ETOH problem) to the Emergency Department staff/personnel, Respondent’s blood alcohol content, based on the draw on May 27, 2021 at 9:42 p.m., was at 222mg/dL (i.e., at 0.222%).

Respondent’s blood alcohol content, based on the draw on May 28, 2021 at 00:30 a.m., was at 134mg/dL (i.e., at 0.134%).

On discharge, Respondent’s conditions were given several diagnoses, one of which was Acute ETOH intoxication.

On June 22, 2021, the Board sent an Investigative Questionnaire (“Questionnaire”) to Respondent. Pursuant to A.R.S. § 32-1664(I), a licensee is required to respond in writing within thirty days after notice of the hearing is served as prescribed in A.R.S. § 32-1664(H). The Board shall consider a person's failure to respond within the 30 days as an admission by default to the allegations stated in the complaint. The Board has the authority and discretion to then take disciplinary actions without conducting a hearing.

The Board did not receive any response from Respondent regarding the complaint by the deadline of July 22, 2021. As a part of the investigation, the Board’s investigator followed up with phone calls, leaving voice messages, in August and December of 2021 and in January of 2022. The Board’s investigator also sent a second Questionnaire on January 4, 2022. The Board did not receive any response from Respondent to the voice messages or the second Questionnaire.

By Notice dated January 11, 2022, the Board notified Respondent that it would be considering its Proposed Findings of Public Emergency and Order of Summary Suspension at it January 27, 2022 Board Meeting. A copy of the Board’s Investigative Report was included with that Notice.

On January 27, 2022, the Board summarily suspended Respondent’s Registered Nurse license pending proceedings for revocation and other actions by the Board and requested that such proceedings be promptly instituted and determined.

On February 2, 2022, the Board issued a Complaint and Notice of Hearing, Summary Suspension Expedited Hearing, that alleged Respondent’s violations of A.R.S. § 32-1601(27)(d), (e), and (j) and A.A.C. R4-19-403(9), (17), (25)(a), (28), and (31).

The February 2, 2022 Notice was sent to Respondent via email and certified mail at an address of record. However, it was subsequently discovered that on January 24, 2022, Respondent had changed her address of record with the Board. At the date and time originally set for hearing, Respondent did not appear; on the request of the Board, the hearing was rescheduled for March 4, 2022.

Respondent did not appear telephonically or by video conference at the rescheduled 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 registered 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 hearing record evidenced that Respondent had arrived at the hospital on May 27, 2021, seemingly prepared to work at her work unit on her shift, in an intoxicated status, as documented by the medical records of the Honor Health Scottsdale Shea Medical Center Emergency Department May 27, 2021 admission, subsequent labs, and discharge on May 28, 2021.

The Board established by a preponderance of the evidence that Respondent engaged in unprofessional conduct pursuant to A.R.S. § 32-1601(27)(d), (e), and (j) and A.A.C. R4-19-403(9), (17), (25)(a), (28), and (31), 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 Registered Nurse License RN088451 of Respondent Lisa Ann West aka Lisa Ann Rebman.

The Administrative Law Judge further recommended that the Board revoke Registered Nurse License RN088451 of Respondent Lisa Ann West aka Lisa Ann Rebman.

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.

-54864001

001

-137160-45720000Done this day, April 11, 2022.

/s/ Kay Abramsohn

Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director

State Board of Nursing

By: Miranda Alvarez

Legal Secretary