ALJDEC decisions subject to certification as final

23A-2022030987-NUR · State Board of Nursing · 2022-11-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF IN THE MATTER OF THE PRIVILEGE TO PRACTICE NURSING IN ARIZONA UNDER THE NURSE LICENSURE COMPACT PURSUANT TO

NORTH CAROLINA LICENSE NO. RN302286 ISSUED TO:

BRADLEY ALAN FACE,

RESPONDENT

No. 23A-[number redacted]-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 2, 2022, with the record held open until November 16, 2022.

APPEARANCES: The Arizona State Board of Nursing was represented by Arizona Attorney General Sunita Krishna, Esq. who appeared via Google Meet. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

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 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 Licensed Practical Nurse License Number RN302286, issued by the North Carolina Board of Nursing, a Compact State, with multistate licensure privileges (Privilege) under the Nurse Licensure Compact (Compact) pursuant to A.R.S. § 32-1668 and 1669, which provided him with the privilege to practice in Arizona.

On March 30, 2022, while working as a travel RN at Honor Health - Sonoran Crossing Medical Center, Respondent began displaying concerning behaviors such as throwing up, garbled speech, unsteady gate, glassy eyes and smelling of an alcoholic odor. Upon recommendation of his co-workers, Respondent was admitted to the Honor Health – Sonoran Crossing Medical Center Emergency Department where his blood was drawn at 1:17 p.m., and the results revealed his blood alcohol concentration was 0.471%. Respondent was treated and his contract was terminated.

On or about March 31, 2022, the Board received a Complaint from Kathy Stinson at Honor Health informing the Board of the above.

Thereafter, Anna Anderson, Senior Investigator for the Board, began an investigation. On May 31, 2022, Ms. Anderson mailed Respondent a questionnaire with instructions to provide a completed questionnaire, a written explanation and specific court and police records regarding each of his arrests, citations or charges, by June 30, 2022. Respondent failed to respond to the questionnaire.

Next, on July 26, 2022, Ms. Anderson attempted to contact Respondent by telephone and was unsuccessful. On July 27, 2022, Ms. Anderson staff sent Respondent an email to which he did not respond.

Based upon Ms. Anderson’s Investigative Report, the Board summarily suspended Respondent’s privileged to practice nursing in Arizona on September 22, 2022.

On September 27, 2022, the Board issued a Complaint and Notice of Hearing, Summary Suspension Expedited Hearing, that alleged violations of A.R.S. § 32-1601(27) (d), (e), and (j) and A.A.C. R4-19-403(17), (25)(a), and (31). The Notice of Hearing was sent via certified mail to Respondent at his address of record.

After a short continuance, a hearing was held on November 2, 2022, at the Office of Administrative Hearings (OAH), an independent State agency. The Order continuing the hearing and a subsequent order converting the matter to Google Meet were mailed and emailed to Respondent at his address of record.

At hearing, Ms. Anderson testified to the above facts and timeline. Ms. Anderson testified that Respondent’s privilege to practice in Arizona should be revoked because he was extremely intoxicated while at work which put patients at risk. Further, Ms. Anderson also testified that Respondent’s privilege to practice should be revoked too because he failed to respond to the Board once the investigation began, which demonstrated an inability and/or unwillingness to be regulated by the Board.

Respondent did not appear 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 15 minutes to allow Respondent additional time, 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 privilege to practice in the State of Arizona.

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).

As to the summary suspension, the Board bears the burden of proof and must establish cause to penalize Respondent’s privilege to practice nursing under the Nurse Licensure Compact 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).

In this mater, 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 privilege to practice under A.R.S. § 32-1663(E) and A.R.S. § 32-1664(O).

RECOMMENDED ORDER

Based on the foregoing, the Administrative Law Judge recommends that the Board affirm its order summarily suspending Respondent Bradley Alan Face’s privilege to practice nursing under the Nurse Licensure Compact in the State of Arizona.

It is further recommended that that Board revoke Respondent Bradley Alan Face’s privilege to practice nursing under the Nurse Licensure Compact in the State of Arizona.

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, November 29, 2022.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically or by mail to:

Joey Ridenour, RN, MN, Executive Director

State Board of Nursing

Bradley Alan Face

265 Heartland Drive

Pittsboro, NC 27312

Sunita Krishna

Assistant Attorney General

Licensing & Enforcement Section

2005 N. Central Avenue

Phoenix, AZ 85004

[email redacted]

By Miranda Alvarez

Legal Secretary

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-137160-45720000