ALJDEC - Licensing
24A-2023010636-NUR-RES · State Board of Nursing · 2025-07-15
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF THE REGISTERED NURSE LICENSE NO. RN218969 ISSUED TO:
TAUHEEDAH WALKER,
RESPONDENT.
No. 24A-[number redacted]-NUR-RES
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 14, 2025, and May 28, 2025.
APPEARANCES: Assistant Attorney General Roberto Pulver, Esq. appeared on behalf of the Arizona State Board of Nursing (“Board”) with Dr. Shannon Bitza as a witness. Tauheedah Walker (“Respondent”) appeared on her own behalf. Dalia Ambriz (CCR No. 50899) served as the official Court Reporter.
ADMINISTRATIVE LAW JUDGE: Jenna Clark.
EXHIBITS ADMITTED INTO EVIDENCE: Board Exhibits 1-22 and Respondent Exhibits A-B were substantively admitted into the evidentiary record. Minute Entries – Granting Continuance dates February 23, 2024, April 25, 2024, July 17, 2024, August 20, 2024, October 08, 2024, January 02, 2025, February 11, 2025, March 07, 2025, and March 18, 2025, were admitted into the record for administrative purposes.
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Having heard the evidence and testimony and having considered the record in this matter, the undersigned Administrative Law Judge hereby makes the following Findings of Fact and Conclusions of Law and issues this Recommended Order to the Executive Director of the Board.
FINDINGS OF FACT
Background and Procedure
Applicant was first issued Registered Nurse (“RN”) License No. RN218969 by the State of Arizona on November 27, 2018.
In or around January 2023, Respondent was identified by the National Council of State Board of Nursing nationwide database during an FBI investigation as being a participant in an illegal “fee-for-degree” scheme. Scheme participants, including Respondent, were alleged to have paid for fake degrees and/or transcripts, after failing to complete required hours of instruction to obtain legitimate credentials.
As a result, the Board initiated an investigation into the confirmable facts regarding the underlying allegation(s) against Respondent. The Board subpoenaed Respondent’s educational records, employment records, and Respondent’s reply to an Investigative Questionnaire received on or about February 17, 2023, whereby Respondent avowed that she attended Med Life Institute during its accreditation by the State of Florida, and noted that she already obtained a “doctorate in nursing” and “two masters in nursing.” The Board also obtained a January 25, 2023, Press Release from the Department of Justice regarding federal fraud charges in a nursing diploma scheme, an affidavit from admitted diploma scheme ringleader Johanah Napoleon, and flight records provided by Respondent.
During the Board’s January 18, 2024, public meeting, the complaint against Respondent was discussed and the Board voted, pursuant to Arizona Revised Statute (“Ariz. Rev. Stat.”) § 41-1092.11(B), to summarily suspend RN218969 for alleged violations of the Arizona Nurse Practice Act. Specifically, Respondent was deemed to have engaged unprofessional conduct by untruthfully attesting to have obtained requisite degree(s) and/or education necessary for licensure as a RN in the State of Arizona in her October 09, 2018, nursing license application, in violation of Ariz. Rev. Stat. §§ 32-1601(27)(d); Arizona Administrative Code (“Ariz. Admin. Code”) R4-19-403(8), R4-19-403(12), R4-19-403(20), R4-19-403(26), R4-19-403(27), R4-19-403(31), 32-1061(27)(f), 32-1601(27)(g), 32-1061(27)(h), and 32-1061(27)(j).
On January 23, 2024, the Board referred this matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing March 08, 2024. Per the January 31, 2024, Complaint and Notice of Hearing (“Notice of Hearing”) the issues to be determined are whether the Board has cause to discipline Respondent’s privilege to practice, including summary suspension and revocation, based on the aforementioned alleged statutory and rule violations.
Hearing Evidence
The Board called Dr. Shannon Bitza as a witness. Respondent testified on her own behalf. The substantive evidence of record is as follows:
The National Council Licensure Examination (“NCLEX”) is a standardized exam used to assess a nursing graduate’s readiness for entry-level nursing practice, to ensure newly licensed nurses provide safe and effective patient care.
Nursys is a national nurse licensure and disciplinary database. It also provides verification of nurse licensure, endorsement, and practice privileges. Nursys serves as a repository of nursing data for the National Council of State Boards of Nursing (“NCSBN”).
Per, Respondent’s NCLEX registration data obtained through Nursys, Respondent used the Palm Beach School of Nursing’s education program code to site for the NCLEX. At that time, Respondent indicated that she obtained her Associate Degree in February 2013.
On or about October 06, 2015, the Connecticut Board of Nursing denied Respondent’s applicant for licensure as a RN for alleged misrepresentation of credentials, fraud, deceit, or material omission. In her application, Respondent avowed that she obtained an Associate Degree in Science of Nursing from Med-Life Institute West Palm Beach on February 13, 2015. Upon inquiry, the campus confirmed that there was no record of Respondent attending their nursing program.
On or about September 01, 2009, the Connecticut Board of Nursing approved Respondent’s application for licensure as a practical nurse. The license expired September 20, 2011.
On April 10, 2019, Respondent reached out to the National Practitioner Data Bank (“NPDB”) to remove the October 06, 2015, license application denial from the Connecticut Board of Nursing from Nursys. Although Respondent received communications from NPDB and the Connecticut Board of Nursing, on July 02, 2019, and July 09, 2019, respectively, the action was not modified or removed from Respondent’s file.
On or about October 09, 2018, in her application by endorsement for licensure as a RN before the Board, Respondent avowed that she obtained her Associate Degree in Science of Nursing from Palm Beach School of Nursing.
Palm Beach School of Nursing did not receive accreditation to operate an associate degree program in nursing until on or about April 11, 2016.
In her application Respondent also noted that she possessed active nursing licenses in New York and Pennsylvania, and an inactive nursing license in Connecticut.
On May 16, 2019, Respondent was extended a “contingent offer of employment” for an RN position through RI International, pending verification of her education and credentials. After Respondent provided RI International with a copy of her February 13, 2015, Med-Life diploma she was hired.
On January 25, 2023, the US Attorney’s Office issued a press release regarding a fraudulent nursing diploma scheme resulting in federal criminal charges for 25 defendants in Florida. Overall, the scheme involved the distribution of more than 7,600 fake nursing diplomas issued by three Florida-based nursing schools, including Palm Beach School of Nursing. Defendants arranged with the school’s owner, Ms. Napoleon, to create and distribute fraudulent diplomas and transcripts representing that aspiring nursing candidates had completed necessary courses and clinicals in the nursing program to obtain a degree. The bogus diplomas and transcripts then enabled purchasers to sit for the NCLEX, and after passing it, to obtain licenses and jobs in various states across the country as nurses with unwitting health care providers. Ultimately, Ms. Napoleon pled guilty to conspiracy to commit health care fraud, conspiracy to commit wire fraud, and wire fraud.
In her June 07, 2022, affidavit, Ms. Napoleon declared, in pertinent part, that she owned Med-Life Institute from September 28, 2015, until its dissolution on September 23, 2016, located at 2695 N. Military Trl., Ste. 17 West Palm Beach, Florida 33409, and that she also owned Palm Beach School of Nursing, formerly Med-Life Institute, from its incorporation on or about April 11, 2016, initially located at 2695 N. Military Trl., Ste. 17 West Palm Beach, Florida 33409, and later 1110 6th Ave. S. Lake Worth, Florida 33460 until its closure on June 05, 2017. Both schools had been licensed by the Florida Commission for Independent Education and the Florida Board of Nursing to authorize an Associate in Science of Nursing Degree for 1,665 hours of on-campus instruction, including 720 hours of clinical experience in a health care setting. Neither campus was authorized for online instruction. Per Ms. Napoleon, beginning around October 2016, Med-Life and Palm Beach School of Nursing Institute issued diplomas and transcripts to 4,989 individuals, including Respondent, “who did not complete the required program hours and clinical training necessary to obtain either practical nursing diploma and transcript or a nursing associate in science degree or transcript.”
On July 20, 2023, Ms. Napoleon was sentenced to 21 months in prison and ordered to pay $3,500,000.00 in restitution.
In responses to investigative questionnaires issued by the Board February 17, 2023, August 16, 2023, and September 01, 2023, Respondent provided the following information:
Respondent received her RN diploma in 2015.
Respondent attended Med-Life when it was accredited in 2014.
Respondent attended classes at Med-Life and Palm Beach School of Nursing in-person, Friday through Sunday, and online.
Respondent submitted flight records for a Thursday, January 29, 2015, flight from Newark, New Jersey to Palm Beach, Florida arriving at 9:26 a.m. and departing on Saturday, January 31, 2015, at 8:25 a.m., and a Thursday February 05, 2015, flight from Newark, New Jersey to West Palm Beach, Florida arriving at 9:26 a.m. and departing on Saturday February 07, 2015 at 6:25 a.m.
Respondent also submitted an email from Student Services at Med-Life dated November 10, 2015, that stated specific forms required completion before Respondent could obtain credit for a course.
Respondent also submitted a car rental receipt for March 05, 2015, through March 08, 2015, in West Palm Beach, Florida.
Respondent did not attach proof of tuition payment(s) to Med-Life, did not provide the full names of any of her instructors, or provide the names or locations of facilities where she received clinical experience.
On or about February 23, 2023, while working as a RN in the Pediatric Intensive Care Unit (“PICU”) at The Children’s Hospital at Montefiore in Bronx, New York, through staffing agency, FastStaff, 7 concerns regarding Respondent’s clinical practice were brought forward by the oncoming nurse to management.
On March 01, 2023, a clinical liaison from FastStaff conducted a clinical interview with Respondent to address the concerns.
On October 30, 2023, in an interview with Board staff, when asked about the concerns, Respondent denied ever knowing about them and denied ever being interviewed by the clinical liaison regarding the issues.
On November 02, 2023, the clinical liaison confirmed with Board staff that on March 01, 2023, all 7 complaints were relayed to Respondent and discussed with her.
The Board’s review of Respondent’s academic transcripts establish the following:
In her bachelor’s program enrollment application to Grand Canyon University (“GCU”), Respondent provided transcripts from Med-Life and Palm Beach School of Nursing. In May 2020, Respondent graduated from GCU with a Bachelor’s degree in Science-Nursing.
In her master’s program enrollment application to Capella University, Respondent provided her GCU transcript. On May 31, 2020, Respondent graduated from Capella University with a Master’s degree in Science-Nursing.
In her postgraduate certificate program enrollment application to Purdue University, Respondent provided transcripts from Palm Beach School of Nursing, GCU, and Capella University. On February 22, 2022, Respondent graduated from Purdue University with a Family Nurse Practitioner Primary Care Postgraduate Certificate. On March 16, 2022, Respondent was advised by the American Academy of Nurse Practitioners Certification Board that she was approved to sit for the Family Nurse Practitioner certification exam.
In her doctoral program enrollment application to Purdue University, Respondent provided transcripts from Palm Beach School of Nursing, GCU, Capella University, and Purdue University. On May 30, 2023, Respondent graduated from Purdue University with a Doctorate in Nursing.
Additional Evidence
Respondent testified that she enrolled in Med-Life for a year as a “refresher course” after failing 2 prior exit exams. Respondent flew out each weekend for in-person classes, consisting of 8-10 additional students. Once her Med-Life studies were complete, Respondent moved from New York to Connecticut where she failed the NCLEX twice. In October 2016, Respondent was advised that her alma mater lost its accreditation. As a result, Respondent returned to Florida and enrolled in Palm Beach School of Nursing. Upon completion of her program, Respondent submitted her degree and transcripts to the New York State Board of Nursing whereby she obtained licensure as a RN. In November 2018, Respondent relocated to Arizona and obtained local licensure, but returned to New York to practice nursing during the global COVID-19 pandemic.
Closing Arguments
In closing, Respondent argued that the Board was barred by a “statute of limitations” from disciplining her nursing license, and opined that the Board failed to properly conduct its investigation.
In closing, the Board argued that the majority of Respondent’s testimony was nonsensical, and opined that Respondent had multiple opportunities prior to hearing to provide exculpatory or otherwise mitigating evidence. The Board requested revocation of License No. RN218969 based on the confirmable facts in the record.
CONCLUSION OF LAW
This matter lies within the Board’s jurisdiction under Ariz. Rev. Stat. §§ 32-1606, 32-1663, 32-1664, and 41-1092.11(B) to regulate and control the practice of nursing in the State of Arizona and was properly brought before OAH for adjudication. Pursuant to Ariz. Rev. Stat. §§ 32-1601 through 1669 and Ariz. Admin. Code R4-19-101 through 815 the Board has authority to impose disciplinary sanctions for violations of the Nurse Practice Act.
A license to practice nursing is a privilege, not a right. The legislature has charged the Board with protecting the public and those who deal with licensed practitioners when it issues certificates and licenses. The mission of the Board is to protect and promote the welfare of the public by ensuring that each person holding a nursing license or certificate is competent to practice safely. This mission is fulfilled through the regulation of the practice of nursing and the approval of nursing education programs, and supersedes the interest(s) of any individual or group.
Here, the Board bears the burden of proof to establish cause to take disciplinary action against Respondent’s Multistate Privilege to Practice. Respondent bears the burden to establish affirmative defenses and factors in mitigation of the penalty by the same evidentiary standard.
The Board’s burden is a preponderance of the evidence.
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).
Ariz. Rev. Stat. § 32-1601(27) defines unprofessional conduct in the nursing profession, in pertinent part, as follows:
"Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:
(d) As any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public.
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(f) Having a license, certificate, permit or registration to practice a health care profession denied, suspended, conditioned, limited or revoked in another jurisdiction and not reinstated by that jurisdiction.
(g) Willfully or repeatedly violating a provision of this chapter or a rule adopted pursuant to this chapter.
(h) Committing an act that deceives, defrauds or harms the public.
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(j) Violating this chapter or a rule that is adopted by the board pursuant to this chapter.
Ariz. Admin. Code R4-19-403 defines unprofessional conduct in the nursing profession, in pertinent part, as follows:
For purposes of A.R.S. § 32-1601(24)(d), any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public includes one or more of the following:
(8) Falsifying or making a materially incorrect, inconsistent, or unintelligible entry in any record:
(a) Regarding a patient, health care facility, school, institution, or other work place location; or
(b) Pertaining to obtaining, possessing, or administering any controlled substance as defined in the federal Uniform Controlled Substances Act, 21 U.S.C. 801 et. Seq., or Arizona’s Uniform Controlled Substances Act, A.R.S. Title 36, Chapter 27;
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(12) Assuming patient care responsibilities that the nurse lacks the education to perform, for which the nurse has failed to maintain nursing competence, or that are outside the scope of practice of the nurse;
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(20) Engaging in fraud, misrepresentation, or deceit in taking a licensing examination or on an initial or renewal application for a license or certificate;
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(26) Making a written false or inaccurate statement to the Board or the Board’s designee in the course of an investigation;
(27) Making a false or misleading statement on a nursing or health care related employment or credential application concerning previous employment, employment experience, education, or credentials;
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(31) Practicing in any other manner that gives the Board reasonable cause to believe the health of a patient or the public may be harmed.
Ariz. Rev. Stat. § 32-1606(B)(10) provides that the Board shall determine and administer appropriate disciplinary action against all regulated parties who are found guilty of violating this chapter or rules adopted by the board.
Ariz. Rev. Stat. § 32-1663 outlines the Board’s disciplinary authority and process, in pertinent part, as follows:
(D) If the board finds, after affording an opportunity to request an administrative hearing pursuant to Title 41, Chapter 6, Article 10, that a person who holds a license or certificate issued pursuant to this chapter has committed an act of unprofessional conduct, it may take disciplinary action.
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(F) If the board determines pursuant to an investigation that reasonable grounds exist to discipline a person pursuant to subsection D or E of this section, the board may serve on the licensee or certificate holder a written notice that states:
(1) That the board has sufficient evidence that, if not rebutted or explained, will justify the board in taking disciplinary actions allowed by this chapter.
(2) The nature of the allegations asserted and that cites the specific statutes or rules violated.
Ariz. Rev. Stat. § 32-1664(P) further outlines the Board’s disciplinary authority and process regarding unprofessional conduct, stating that, “If the regulated party is found to have committed an act of unprofessional conduct or to have violated this chapter or a rule adopted pursuant to this chapter, the board may take disciplinary action.”
“In applying a statute . . . its words are to be given their ordinary meaning unless the legislature has offered its own definition of the words or it appears from the context that a special meaning was intended.” Each word, phrase, clause, and sentence must be given meaning so that no part of the legislation will be void, inert, or trivial. Legislation must also be given a sensible construction that avoids absurd results. If the words do not disclose the legislative intent, the court will scrutinize the statute as a whole and give it a fair and sensible meaning.
The issue in the case at bar, in light of Respondent’s conduct, is whether grounds exist for the Board to take disciplinary action against her privilege to practice nursing in the State of Arizona under License No. RN218969.
Here, the Board has sustained its burden of proof. After closely scrutinizing the record and giving all relevant facts careful consideration, the undersigned Administrative Law Judge finds the Board established Respondent’s violations of unprofessional conduct pursuant to Ariz. Rev. Stat. §§ 32-1601(27)(d); Ariz. Admin. Code R4-19-403(8), R4-19-403(12), R4-19-403(20), R4-19-403(26), R4-19-403(27), R4-19-403(31), 32-1061(27)(f), 32-1601(27)(g), 32-1061(27)(h), and 32-1061(27)(j) by a preponderance of the evidence.
The credible evidence of record establishes that Respondent obtained unearned academic credentials in a “fee-for-degree” scheme, and used those illegitimate credentials to obtain employment and advanced education opportunities. Respondent’s conduct not only violates Arizona rules and regulations, and likely a number of state and federal laws, it is also morally reprehensible, impugns the integrity of the professional nursing, and is a threat to patient health and safety.
While it is plausible that the name of a school an individual graduated from later changed, and a subsequently-issued document from that school could then reference a different school name, Respondent’s accounts were simply not consistent with that situation – particularly where the educational institutions she allegedly attended were not accredited by their respective regulatory agencies. Moreover, Respondent’s dates of alleged attendance were not supported by her claims of in-person or remote attendance, the latter of which was impossible. There is no mitigating evidence in the record for Respondent’s actions, or inability to obtain a modicum of evidence to corroborate her accounts. As a result, Respondent’s testimony is afforded little weight due to lack of credibility when weighed against reliable evidence offered by the Board.
Respondent’s failure to clearly communicate with the Board during its investigation evinces her unwillingness to submit to the Board’s authority and jurisdiction. This is a factor in aggravation.
Respondent’s furtherance of her education and degree obtainment, based on a fraud, further evinces her unwillingness to submit to the Board’s authority and jurisdiction. This is an additional factor in aggravation.
Because the Board established Respondent’s violations of the Nurse Practice Act by a preponderance of the evidence, it has also established cause to impose disciplinary sanctions against Respondent’s license to practice nursing under Ariz. Rev. Stat. §§ 32-1663(D) and 32-1664(P). Because Respondent has committed unprofessional conduct, the Board has authority to revoke License No. RN218969 to practice nursing in the State of Arizona.
RECOMMENDED ORDER
In light of the foregoing,
IT IS RECOMMENDED that the Board’s January 18, 2024, Order of Summary Suspension in Case No. [number redacted] be affirmed.
IT IS FURTHER RECOMMENDED that the Board revoke License No. RN487680, as issued to Tauheedah Walker (aka Tauheedah Walker-Bryson; Tauheedah Welch), to practice nursing in the State of Arizona.
NOTICE
Pursuant to Ariz. Rev. Stat. § 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, July 16, 2025.
Office of Administrative Hearings
/s/ Jenna Clark
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing
ATTN: Trina Smith & Shannon Bitza
1740 W. Adams St., Ste. 2000
Phoenix, AZ 85007
[email redacted]
Roberto Pulver, Esq., Assistant Attorney General
Office of the Attorney General
2005 N. Central Ave. SGD/LES
Phoenix, AZ 85004
[email redacted]
Tauheedah Walker, Respondent
428 E. 137th St., Apt. 1D
Bronx, NY 10454
[email redacted]
[email redacted]
By: OAH Staff