ALJDEC - Licensing
24A-2024010171-NUR · State Board of Nursing · 2024-11-14
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF THE PRACTICAL NURSE LICENSE NO. LPN272638
ISSUED TO:
TREVA ZELLERS,
AKA: Treva Theresa Zellers; Trevz Bolton
RESPONDENT.
No. 24A-[number redacted]-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: June 4, 2024 and October 1, 2024, with the record held open until November 4, 2024, for the sole purpose of allowing the court reporter’s transcript to be included in the record.
APPEARANCES: Treva Zellers AKA: Treva Theresa Zellers; Trevz Bolton (Respondent) did not appear. Assistant Attorney Joseph Dylo appeared on behalf of the Arizona State Board of Nursing.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: Board’s Exhibits 1 through 18.
_____________________________________________________________________
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. LPN272638 in the
State of Arizona to Respondent.
On April 25, 2024, the Board summarily suspended Respondent’s
license. The Board referred the matter to the Office of Administrative Hearings (OAH), an independent agency, for an expedited evidentiary hearing.
On May 6, 2024, the Board issued a Complaint and Notice of
Hearing on the summary suspension, setting a hearing on June 4, 2024, at 9:00 a.m. The Complaint and Notice of Hearing alleged certain facts and, based on those facts, charged cause to discipline Respondent’s license under Ariz. Rev. Stat. § 32-1601(27)(d),(g),(h), and (j); specifically A.A.C. R4-19-403(1), (9), (15), (16), (18), (25),(28), and (31), A.R.S. § 32-3208(A).
5. The Board sent the Complaint and Notice of Hearing via certified and
regular mail to Respondent at her address of record.
6. At the time set for hearing on June 4, 2024, Respondent orally requested
that the hearing be continued to provide Respondent with additional time to find an attorney. The motion was granted.
7. On July 22, 2024, a notice was issued to the parties setting the matter for
hearing on October 1, 2024 at 1:00 p.m. The July 22, 2024 notice was sent to Respondent at her e-mail address of record.
8. A hearing was held on October 1, 2024.
9. The Board presented the testimony of the Board’s APRN Consultant, Michelina Stazzone.
10. Respondent did not appear, personally or through an attorney.
11. Consequently, Respondent did not present any evidence to defend her license.
12. On June 22, 2023, according to Marana Police Report #2306-1146, at approximately at 4:16 am, an Officer was dispatched for a suspicious vehicle parked behind a closed store, with the license plate covered.
13. An Officer located the vehicle and identified Respondent as the sole occupant. Respondent claimed she was “charting” on her phone as she felt this was a safe place. The Officer noted numerous objects inside the vehicle which appeared to have come from the dumpster, and Respondent was wearing blue scrubs with dirt on her hands and scrub. Respondent admitted she was looking inside the dumpster for anything of value. The Officer noted a large amount of money in the glovebox, which Respondent stated was fake, and she does not try to buy anything with it. An Officer noted a methamphetamine (stimulant) pipe in plain view, along with a glass vial containing a white powder, and a zip-lock plastic bag containing a while powdery substance. Respondent admitted the white substance was cocaine given to her by her sister and that the white powdery substance inside the glass container was an antibiotic, Rocephin. The Officer Mejia located four credit cards inside the vehicle, two of which did not have Respondent’s name, and a pill bottle labeled Promethazine (antihistamine/anti-nausea) with someone else’s name. Respondent stated one card belonged to her husband and another to a former patient who had recently passed away. Respondent stated the Promethazine belonged to another former patient. Respondent was released, and no citation was given for the paraphernalia but charges were pending a chemical analysis on the powder.
14. On June 22, 2023, at approximately 5:37 a.m., a Police Sergeant responded to assist Officers with a call regarding Respondent. The Police Sergeant wrote in her supplemental narrative regarding her response to the call, the white substance was weighed at 1.14 grams the initial test was inconclusive for cocaine.
15. On August 2, 2023, an Officer wrote a supplement that the AZ DPS Crime Lab identified the first substance as nonnarcotic and the second substance as cocaine. See Exhibit 6, Bates 046. The Officer requested charges for Respondent for possession of Narcotic drugs and drug paraphernalia.
16. On November 14, 2023, according to Marana Police Report #2311-0750, at approximately 1:46 am, an Officer on patrol noted a vehicle parked by a dumpster behind a thrift store, which then began to drive away with the vehicle lights off. The Officer caught up to the vehicle, noted the license plate lamp was not operable and made a traffic stop. The driver was identified as Respondent who stated she was in the dumpster as her husband had thrown her phone in the dumpster and she retrieved it. Respondent informed the Officer she had drugs in her pocket and a bag with clear crystalline substance, recognized as methamphetamine was found. Respondent stated she had used this for the past six months by smoking it. A search of the vehicle revealed a bottle with 27 pills labeled Morphine (opioid) for a Patient CH, four prescription bottles for a Patient WM of Hyoscyamine (muscarinic which assists with bowel spasms), Docusate (stool softener), Amoxicillin-Clavulanic acid (antibiotic) and Lorazepam (benzodiazepine), fake U.S. currency that had “copy” erased or removed from the bills, and a sizeable amount of jewelry. Respondent claimed Patient WM passed away the day before and she was taking the medication to the fire department, but had not yet done so. Respondent did not recall a Patient CH. At approximately 2:02 am, Respondent was placed under arrest for outstanding charges from the traffic stop of June 22, 2023, which included possession of drug paraphernalia, possession of a dangerous drug, and possession of a narcotic drug, and transported to the Pima County Jail.
17. On November 14, 2023, Officer Francis wrote he found case #[number redacted], dated November 13, 2023, from the Pima County Sheriff’s Department which listed Respondent as an investigative lead for theft of a necklace.
18. On November 15, 2023, an officer went to Catalina Hospice and spoke with Sandy Rogers, RN and Assistant Director of Clinical Services, who stated the policy and procedure is to dispose of medication immediately after a person passes, and the nurse does not take the medications with them. Respondent violated this policy and procedure when she was found in possession of a deceased patient’s narcotic medication.
19. According to the online Pima County Superior Court records, on January 5, 2024, Respondent was arraigned on Charges of Narcotic Drug violation, Dangerous Drug Violation (2 counts), and Drug Paraphernalia Violation.
20. On January 9, 2024, the Board received a self-report from Respondent that on November 13, 2023, she was pulled over by the police, and medications from a deceased hospice patient were found in her vehicle. Respondent wrote medications including liquid morphine (Opioid) and lorazepam (benzodiazepine) belonging to a deceased patient along with methamphetamine (stimulant) were found during a search of her vehicle.
Dependable Hospice’s Medication Use and Disposal of Controlled Substances Policy #PC.M60, states controlled substances are disposed of in the home. Respondent violated Dependable Hospice’s Medication Use and Disposal of Controlled Substances Policy, when she was found with a deceased patient’s medications in her vehicle.
• Catalina Hospice Disposal of Controlled Drugs Policy states the hospice nurse attending the death of a hospice patient will inform the family/caregivers of their responsibility to dispose of all of the patient’s prescribed medications and document this instruction in a clinical note. Respondent violated Catalina Hospice’s Disposal of Controlled Drugs Policy when she was found with a deceased patient’s medications in her vehicle.
21. On January 24, 2024, according to Marana Police Report #2401-1240, at approximately 3:31 am, an Officer was advised Respondent’s vehicle was spotted at a storage facility. The Officer wrote that a few days prior it was reported that Respondent possibly burglarized her ex-boyfriend’s residence, Respondent’s vacant vehicle was spotted, but Respondent was never located. The Officer spotted Respondent’s vehicle with the license plate lamp not operable, and initiated a traffic stop. The Officer identified Respondent as the driver, at which time Respondent stated she did not have her driver’s license with her. The Officer observed a large open container of margarita mix containing tequila and 10% alcohol half full in the vehicle. Upon search of the vehicle, four glass methamphetamine pipes with a bulbous end and white residue of methamphetamine were found. The Office also found a prescription bottle with 86 pills of Hydromorphone (opioid) labeled for a Patient CH. Respondent stated she was having chest pain and a possible heart attack, she passed out, and appeared to have a seizure. EMS was called and Respondent was taken to Northwest Hospital for further evaluation of the chest pain. The bags of powder found in the vehicle tested positive for methamphetamine. A long form of charges listed possession of a dangerous drug, possession of narcotic drug, possession of drug paraphernalia, and an open container of liquor in vehicle. Respondent was not arrested due to the medial emergency.
• According to a supplemental police report, on February 12, 2024, this case was presented to the Pima County Attorney’s Office who decided to move forward with all proposed charges.
• According to a supplemental police report, on February 15, 2024, this case was presented to the Grand Jury by Detective V. Jenkins 5.
22. On January 30, 2024, according to Marana Police Report #2401-1613, at approximately 11:34 pm, an Officer observed Respondent’s vehicle at a storage facility, and a male and female were loading bags into the trunk. The two got into the vehicle, pulled out, went to a Quik Trip across the street and parked. Respondent was positively identified in the passenger seat, and the Officer activated his emergency lights as there was probable cause to arrest Respondent from the traffic stop one week prior. Respondent proceeded to walk into the store with her hands in her pockets, towards the bathrooms, but stopped when instructed by the officer. Respondent initially did not turn around as instructed, but when Respondent complied and turned around, removing her hands from her pockets, a pink bottle of makeup, a butane torch lighter, and a clear baggie with clear, crystalline residue fell to the floor. The Officer located another baggie containing methamphetamine in Respondent’s pocket. A search of the vehicle revealed a bulbous pipe in the cup holder console and a pill bottle containing Morphine (opioid) and oxycodone/acetaminophen (opioid with Tylenol) with the patient name torn off was found in the trunk. On January 31, 2024, at approximately 1:41 am, Respondent was arrested for possession of drug paraphernalia, possession of a dangerous drug, possession of narcotic drug, and transported to the Pima County Adult Detention Center.
• According to a supplemental narrative, on January 31, 2024, at approximately 2:35 am, Pima County Sherriff’s Department added charge summary of promoting prison contraband. After Respondent was booked into the jail, the corrections officer’s search revealed a glass pipe consistent for smoking methamphetamine was found on Respondent.
• According to a supplemental narrative, on February 12, 2024, this case was presented to the Pima County Attorney’s Officer for multiple charges of narcotic/dangerous drug possession, possession of drug paraphernalia, and promoting prison contraband, and who decided to move forward with all the proposed charges.
• According to a supplemental narrative, on February 15, 2024, this case was presented to the Grand Jury by Detective V. Jenkins
• According to the online Pima County Superior Court records Respondent was indicted on February 15, 2024, with arraignments on February 23, 2024, and March 22, 2024.
23. On February 19, 2024, according to Marana Police Report #2402-0934, at approximately 1:23 am, an Officer wrote that while at a traffic stop the driver stated the truck belonged to his boss, and asked that his boss’s wife be called to pick up the truck. The Officer allowed the driver to call and the female stated she would be there in 30 minutes. Approximately 30 minutes later Respondent walked up to Officer Francis and told him she was there to pick up her truck. When asked how she got there, Respondent stated she walked, which is an hour and 19 minute walk per GPS. The Officers looked around and found a vehicle parked nearby with a male in the driver’s seat, identified as Toby Bryant, who stated he gave his ex-girlfriend a ride. Upon investigation it was discovered Bryant had a restraining order placed by Respondent, and was placed under arrest for violating a restraining order. Respondent’s phone, a pill bottle of twenty 5 mg Oxycodone (opioid) and ten 325 mg oxycodone pills labeled for a Patient LC, and a methamphetamine pipe were found in the passenger area of Bryant’s vehicle. Bryant stated they all belonged to Respondent. When Respondent was told they found her phone in Bryant’s vehicle, Respondent admitted she had gotten a ride in his truck. Respondent was informed they found drug paraphernalia located in the vehicle where she had sat, and was under arrest for violating her Order of Protection. The officer searched Respondent’s purse and found a single Tizanidine (muscle relaxant) pill and Methamphetamine powder.
• According to a supplemental report, on February 22, 2024, Pima County Attorney’s Office dismissed charges against Respondent at a SMRT (Mental Health) hearing.
24. On March 5, 2024, according to Marana Police Report #2403-0246, at approximately 10:53 pm, the Officer noted a vehicle parked behind the thrift store backed up against a small dumpster, underneath a posted sign marked “No Trespassing, Private Property”. The Officer wrote noted the store was closed so this was a violation of Marana Town Code. The Officer identified the vehicle as Respondent’s by the license plate, but the Officer found no one in the vehicle except Respondent’s purse was on the front seat. The Officer left to set up surveillance, when the vehicle left the parking lot, and a traffic stop was performed. The Officer observed drug paraphernalia in plain view on the front passenger seat, methamphetamine was found in the cup holder center console, and a methamphetamine pipe was located under the driver seat. Respondent’s purse contained a prescription bottle for a Patient NW with various pills and another container with various pills in the glovebox. The pills were identified as Lorazepam 1 mg, Lorazepam 0.5 mg, Oxycodone, Tramadol (opioid), OxyContin (opioid), Cyclobenzaprine (muscle relaxant), and Tizanidine (muscle relaxant). At approximately 11:22 pm, Respondent was placed under arrest for trespassing, and transported to Pima County Adult Detention Center. The Officer was informed while in the booking area, Respondent suffered a seizure and was transported to the hospital.
25. On or about January 24, 2024 Respondent was sent a letter and investigative questionnaire regarding her self-complaint and the second complaint allegations, and on or about March 22, 2024, Respondent was sent a letter and investigative questionnaire regarding the third complaint and allegations. The standard of nursing is that a Respondent will complete the questionnaire and provide a written response to the Board regarding any allegations. Respondent violated this standard when she failed to supply the Board with a written response for all three allegations.
26. On April 25, 2024, based upon the facts and circumstances set forth above, the Board found that the public health safety and welfare imperatively required emergency action. Consequently, the Board summarily suspended Respondent’s practical nurse license no. LPN272638 pending proceedings for revocation and other action by the Board.
CONCLUSIONS OF LAW
This matter lies within the Board’s jurisdiction under Ariz. Rev. Stat. § 32-1606.
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.
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. §§ 32-1601(27)(d),(g),(h), and (j); A.A.C. R4-19-403(1),(9),(15),(16),(18),(25),(28), and (31).
Because Respondent has committed unprofessional conduct, the Board has authority to revoke her practical nurse license. Ariz. Rev. Stat. § 32-1663(D); and § 32-1664(P).
Respondent’s failure to appear for the duly noticed hearing or to submit any evidence to defend her license indicates that at this time, she cannot be regulated.
Considering the facts and circumstances of this matter, it is recommended
that Practical Nurse License No. LPN272638 held by Respondent be revoked.
RECOMMENDED ORDER
Based on the foregoing, the Administrative Law Judge recommends that the Board affirm its order summarily suspending Respondent Treva Zeller’s Practical Nurse License No. LPN272638.
It is further recommended that the Board revoke Respondent Treva Zeller’s
Practical Nurse Practical Nurse License No. LPN272638.
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, November 14, 2024.
/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
Joseph Dylo, Esq.
Office of the Attorney General
[email redacted]
Treva Zellers
[email redacted]
By: OAH Staff