ALJDEC - Licensing

24A-2022090374-NUR · State Board of Nursing · 2024-05-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF LICENSED NURSING ASSISTANT LICENSE NO. LNA220483 ISSUED TO:

SARAH MARIE BARRERAS,

A.K.A.: SARAH MARIE PERAZA

RESPONDENT

No. 24A-[number redacted]-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 17, 2024

APPEARANCES: Assistant Attorney General Deborah Abbey appeared on behalf of the Arizona State Board of Nursing (“Board”). Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Amy M. Haley

EXHIBITS ADMITTED INTO EVIDENCE: Board’s exhibits 1 through 11 were admitted.

_____________________________________________________________________

FINDINGS OF FACT

Sarah Marie Barreras (“Respondent”) holds Board issued licensed nursing assistant license no. LNA220483, undeclared certified nursing assistant no. UCNA1000033906 (expired 09/22/2017), and registry certified nursing assistant no. RCNA1000033906 (expired December 28, 2018).

On or about September 16, 2022, the Board received a self-report from Respondent reporting that during the Pandemic she received unemployment compensation; however, when she went back to work she continued to receive the unemployment compensation and failed to report her employment status in Arizona as required by law. Based on this information the Board conducted an investigation.

Previously, on or about May 22, 2012, Respondent entered into a Consent Agreement for a Civil Penalty for violations of the Nurse Practice Act related to a December 21, 2004 conviction in Glendale for Theft, a misdemeanor, a June 27, 2008 conviction in El Mirage for Disorderly Conduct, a misdemeanor, and a January 19, 2011 arrest in Galveston, Texas for Assault/Bodily Injury/Family Member, a misdemeanor.

On or about May 9, 2022, according to the Office of Inspector General, Department of Homeland Security (“OIG”), case number 122-FEMA-CFU-35912, the Department of Homeland Security received information from the Arizona Department of Economic Security, Office of Special Investigations (“OSI”) regarding fraudulent unemployment insurance by Respondent between August 2020 and September 2021.

In a court filing on August 15, 2022, the court found that Respondent, “Did knowingly embezzle, steal and convert to her own use money belonging to a department or agency of the United States, namely the U.S. Department of Labor.” On August 15, 2022, in case number 2:22-CR-01027 a Complaint was filed charging Respondent with Theft of Public Money, a Class A misdemeanor in the United States District Court for the District of Arizona.

On September 7, 2022, Respondent was convicted, pursuant to a guilty plea, of Theft of Public Money, a Class A misdemeanor. She was sentenced to 3 years of supervised probation and payment of restitution in the amount of $14,790.

On December 5, 2022, Board staff mailed an Arrest/Charge/Citation Questionnaire with instructions to provide a written explanation and specific court and police records regarding each of her arrests, citations or charges, by January 5, 2023. Respondent was reminded that failure to cooperate with the Board by not furnishing in writing a full and complete explanation covering the matter was unprofessional conduct and grounds for disciplinary action.

On February 7, 2023, the Board received Respondent’s incomplete questionnaire. The questionnaire required Respondent to submit specific court and police records regarding each of her arrests, citations or charges. Respondent failed to submit these records.

On or about May 18, 2023, the Board considered the matter and voted to issue an Interim Order for a comprehensive psychological evaluation to include an ethics evaluation by a Board approved licensed psychologist. The vote contained a provision that if the Interim Order was not completed within 45 days, based upon the information in the investigative report, a Notice of Charges would be issued.

On May 31, 2023, Board Staff mailed the Interim Order to Respondent, which to date, Respondent has not fully completed.

On February 28, 2024, the Board filed its Complaint and Notice of Hearing to Respondent and referred the matter to the Office of Administrative Hearings (“OAH”), an independent agency, for an evidentiary hearing. A hearing was held on April 17, 2024. Respondent did not appear.

The Board submitted 11 exhibits and presented the testimony of Senior Investigator Bonnie Richter.

Ms. Richter testified consistently with the Findings of Facts and exhibits 1 through 11.

CONCLUSIONS OF LAW

This matter lies within the Board’s jurisdiction under Arizona Revised Statute (“Ariz. Rev. Stat.”) § 32-1606(B)(10).

The Board has the authority to regulate and control the practice of nursing in the State of Arizona, pursuant to Ariz. Rev. Stat. §§ 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, Ariz. Rev. Stat. §§ 32-1601 to -1669 and Arizona Administrative Code (“Ariz. Admin. Code.”) Rules 4-19-101 to R4-19-904.

The Board bears the burden of proof and must establish cause to penalize Respondent’s practical 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.” 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.”

The conduct and circumstances described in paragraphs 4-6 of the Findings of Fact constitute unprofessional conduct pursuant to Ariz. Rev. Stat. § 32-1601(27)(b) and is grounds for disciplinary action pursuant to Ariz. Rev. Stat. § 32-1663 and § 32-1664.

The conduct and circumstances described in paragraphs 4-6 of the Findings of Fact constitute unprofessional conduct pursuant to Ariz. Rev. Stat. § 32-1601(27)(d) and is grounds for disciplinary action pursuant to Ariz. Rev. Stat. § 32-1663 and § 32-1664.

The conduct and circumstances described in paragraphs 2-6 of the Findings of Fact constitute unprofessional conduct pursuant to Ariz. Rev. Stat. § 32-1601(27)(g) and is grounds for disciplinary action pursuant to Ariz. Rev. Stat. § 32-1663 and § 32-1664.

The conduct and circumstances described in paragraphs 4-6 of the Findings of Fact constitute unprofessional conduct pursuant to Ariz. Rev. Stat. § 32-1601(27)(h) and is grounds for disciplinary action pursuant to Ariz. Rev. Stat. § 32-1663 and § 32-1664.

The conduct and circumstances described in paragraph 9-10 of the Findings of Fact constitute unprofessional conduct pursuant to Ariz. Rev. Stat. § 32-1601(27)(i) and is grounds for disciplinary action pursuant to Ariz. Rev. Stat. § 32-1663 and § 32-1664.

The conduct and circumstances described in paragraphs 2, and 4-8 of the Findings of Fact constitute unprofessional conduct pursuant to Ariz. Rev. Stat. § 32-1601(27)(j) and is grounds for disciplinary action pursuant to Ariz. Rev. Stat. § 32-1663 and § 32-1664.

For purposes of Ariz. Rev. Stat. § 32-1601(27)(d), the conduct described in the Findings of Fact, specifically paragraphs 4-6 , constitutes a conduct or practice that is or might be harmful to the health of a patient or the public pursuant to Ariz. Admin. Code. R4-19-403(15).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Board’s final order in this matter, the Board revoke Respondent Sarah Barreras’ licensed nursing assistant license no. LNA220483.

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, May 15, 2024.

/s/ Amy M. Haley

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Joey Ridenour, RN, MN, Executive Director

State Board of Nursing

By: OAH Staff