ALJDEC - Licensing
23A-2021100333-NUR · State Board of Nursing · 2023-10-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF THE PRACTICAL NURSE LICENSE NO. LP054340
ISSUED TO:
EMMANOELA IJANG SAHFOR,
RESPONDENT/APPLICANT.
No. 23A-[number redacted]-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: September 12, 2023, with the record held open until October 3, 2023, for the sole purpose of allowing the court reporter’s transcript to be included in the record.
APPEARANCES: Assistant Attorney General Charles S. Hover, III represented the Arizona State Board of Nursing. Respondent Emmanoela Ijang Sahfor represented herself.
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 Practical Nurse License No. LP054340 in the
State of Arizona to Respondent Emmanoela Ijang Sahfor (Respondent or Applicant).
On April 27, 2023, the Board issued a Notice of Hearing setting the
Above-captioned matter for hearing on June 2, 2023 (Notice of Hearing). The Notice of Hearing provided that the issue set for determination is “whether grounds exist to take disciplinary action, including suspension or revocation against Emmanoela Ijang Sahfor’s practical nurse license number LP054340 to perform as a nurse in the State of Arizona. In addition, the hearing will be conducted to determine whether Emmanoela Ijang Sahfor is qualified to hold a registered nurse license to perform as a nurse in the State of Arizona.
A hearing was held on September 12, 2023.
At hearing, Respondent testified on behalf of herself and presented the
testimony of Eveline Mah and Brandon Chi. The Board presented the testimony of Anna Anderson, Program Administrator for Board’s hearing department.
On August 31, 2021, Applicant submitted an application for RN by
endorsement with foreign education. Applicant failed to provide her education information within her application and was unable to provide clinical hours or transcripts from her school during the application process.
Applicant disclosed she attended Sienna College of Health Program in
Florida (Siena) and submitted the wrong type of application. Applicant stated that the nursing program would not provide transcripts to Arizona and could not recall her clinical days, facilities or faculty.
The Board received Applicant’s transcripts from the Florida Board of
Nursing which stated Applicant entered the nursing program on January 5, 2018, and completed it June 25, 2019.
However, the transcript is signed and dated June 25, 2018. On November
28, 2022, Board staff interviewed Applicant who stated she did the schooling portion of the program from January 2018 to June 2019 in Arizona, all online.
In August of 2019, she began clinical once a month in Florida until
December 2019. In mid-2021, Board staff asked Applicant to provide evidence she attended clinical in Florida, such as receipts for travel, lodging, information regarding locations and faculty for clinical rotations, etc. After over a year, and as of January, 2023, Applicant never provided any such evidence.
On January 20, 2023, the Board considered the matter and voted, “Based
upon the information presented at this meeting and the findings of fact and statute/rule violations identified in the Investigative Report, deny licensure and issue a Notice of Charges on the LPN”.
On March 2, 2023, a copy of the Order of Denial of Respondent’s
application for RN licensure by endorsement was mailed, First Class, Certified Mail and e-mailed to Respondent and her attorney. Respondent did not appeal the Order of Denial and it is now final.
Paragraph 2, Findings of Fact, of the Order of Denial is substantively
identical to Findings of Fact 6 through 2.
14. Respondent did not complete the requirements of Siena. Rather, Respondent paid money to Siena in exchange for fake transcript and diploma/degree.
15. Respondent was not a legitimate student at Siena. She did not complete the required hours of instruction, including clinical instruction, required for graduation from Siena with a legitimate diploma/degree.
16. Respondent claimed to have done all of her schooling of the program on-line. Siena was not approved for on-line instruction and no legitimate on-line instruction was ever provided to Respondent by Siena.
17. At hearing, Respondent stated that she was not aware that Siena was a fraudulent school. Respondent denied that she paid money to Siena for the purpose of obtaining a fake transcript and diploma/degree. Respondent stated that she flew to Florida to complete the required clinical instruction. However, in support of her assertion, Respondent provided a copy of a flight itinerary to Florida for a date after her diploma/degree was issued. Respondent and Ms. Mah stated that Respondent completed some of her course work online. Ms. Mah stated that she observed Respondent complete what appeared to be online work.
CONCLUSIONS OF LAW
This matter lies within the Board’s jurisdiction under Ariz. Rev. Stat. § 32-1606(A)(8).
The Board bears the burden of persuasion to establish cause to penalize Respondent’s practical nurse license. Ariz. Rev. Stat. § 41-1092.07(G)(2); The Board’s burden is a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.
Applicant has the burden of persuasion to establish that she is qualified to hold a registered nurse license to perform as a nurse in the State of Arizona. Applicant’s burden is burden is 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 facts, as set forth previously, establish that Respondent committed unprofessional conduct as defined by Ariz. Rev. Stat. section 32-1601(27)(a), (d), (g), (h), (j); (26)(d) ; A.A.C. R4-19-403(20).
Because applicant has committed unprofessional conduct, the Board has authority to deny her application for a registered nurse license. Ariz. Rev. Stat. § 32-1663(D); and § 32-1664(O).
Applicant has failed to establish by a preponderance of the evidence that she is qualified to hold a registered nurse license to perform as a nurse in the State of Arizona.
Because Respondent has committed unprofessional conduct, the Board has authority to revoke her licensed practical nurse license. Ariz. Rev. Stat. § 32-1663(D); and § 32-1664(O).
Considering the facts and circumstances of this matter, it is recommended
that Respondent’s practical nurse license number LP054340 be revoked.
RECOMMENDED ORDER
Based on the foregoing, the Administrative Law Judge recommends that the Board revoke Emmanoela Ijang Sahfor’s practical nurse license number LP054340.
It is further recommended that the Order of Denial be affirmed.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
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 forty (40) days from the date of that certification.
Done this day, October 23, 2023.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing
[email redacted]
Emmanoela Sahfor
[email redacted]
Joey Ridenour, RN, MN
State Board of Nursing
ATTN: Trina Smith
1740 W Adams, Suite 2000
Phoenix, Arizona 85007
Charles S. Hover, III
Office of the Attorney General
[email redacted]
By: OAH Staff