ALJDEC - Licensing

25A- 2023110606-NUR · State Board of Nursing · 2025-04-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF DENIAL OF

APPLICATION FOR LICENSE BY:

GABRIELA L. BOGACZ,

TO PRACTICE REGISTERED

NURSING IN THE STATE OF ARIZONA

No. 21A-[number redacted]-NUR

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 28, 2025, with the record held open until April 4, 2025.

APPEARANCES: The Arizona State Board of Nursing was represented by Assistant Attorney General Roberto Pulver. Respondent Gabriela L. Bogacz did not appear.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone.

EXHIBITS ADMITTED INTO EVIDENCE: Arizona State Board of Nursing Exhibits 1- 21 were admitted into evidence.

_____________________________________________________________________

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, 1663, and 1664.

On or about November 17, 2023, Gabriela L. Bogacz (Applicant) submitted a registered nurse application by endorsement to the Board.

On July 1, 2015, according to Panama City Police Department report number 2015-025948, at approximately 2129 hours, officers responded to a motel in Panama City, Florida, after receiving a call of a drunk pedestrian. Upon arrival, officers met with Applicant’s mother who told the officer that Applicant, 18 years of age at the time, was extremely intoxicated after consuming vodka and became belligerent to family members. After repeated requests to exit the vehicle, the officer then opened the door and physically removed Applicant from the vehicle. At 2155 hours, Applicant was placed under arrest, with handcuffs secured, and seated in the patrol car. While in the patrol car, Applicant maneuvered the restraints bringing her hands to the front of her person and began to rip the rear emergency light from the rear deck of the patrol car. The officer attempted to reseat Applicant in the patrol car when she began to resist and spat on the officer. Applicant was secured in the patrol car and transported to the Bay County Sheriff’s Department Detention Facility, in Panama City, Florida. Applicant was cited for Battery-Law Enforcement Officer, Criminal Mischief, and Resist Arrest without Violence.

On July 6, 2015, in case number 15002682CFMA, a Citation was filed charging Applicant with Battery on Law Officer or Firefighter, a felony, 2 Counts of Resist Officer Without Violence, a misdemeanor, and Criminal Mischief General, a misdemeanor, in 14th Judicial Court, in Panama City, Florida. Applicant failed to disclose the charge on her application.

On October 26, 2015, the charges of Battery on Law Officer or Firefighter, a felony, 1 Count of Resist Officer without Violence, a misdemeanor, were consolidated and dismissed. The remaining charges of Criminal Mischief General, a misdemeanor, and 1 Count of Resist Officer without Violence, a misdemeanor, were transferred to Bay County Court in Panama City, Florida, case number 15007756MMMA, in Panama City, Florida.

On October 26, 2015, Applicant entered a plea agreement of Nolo-Contendere. Pursuant to the plea agreement, adjudication was withheld, for the charges of Criminal Mischief General and Resist Officer without Violence, both misdemeanors. Applicant was ordered to complete 12 months of reporting probation, assessed fines, community service work hours, and complete a substance abuse awareness program. During a February 22, 2024, telephonic interview about this incident with Board Staff, Applicant stated she found a bottle of vodka in the car and began to drink. Applicant admitted to becoming intoxicated.

On November 29, 2015, according to Joliet Police Department (Illinois) report number LJ1151129019584, an officer was on routine patrol and observed a parked vehicle in a closed public park. The officer stopped the vehicle as it attempted to drive away. While walking to the vehicle, the officer observed Applicant, the driver, reaching into the back seat and moving items around, and a male passenger in the vehicle. The officer made contact with Applicant and observed a strong odor of cannabis coming from inside the vehicle. Both Applicant and passenger denied smoking marijuana while at the park and admitted they had smoked marijuana prior to their arrival at the park. Due to the smell of marijuana, the officer conducted a search of the vehicle and located items collected as evidence consisting of; a clear plastic container containing 29.06 grams of a green leafy substance, later positively identified as marijuana, 60 empty small individual bags, a digital scale, and two glass smoking devices, a vaporizer device, a rubber container with a brown waxy substance, later confirmed unidentifiable through testing.

Applicant denied ownership of marijuana and items collected as evidence by the officer. Applicant admitted the brown waxy substance was ‘Kava’ and the vaporizer device was hers and stated the items were legal. After questioning, Applicant admitted to the officer that the male passenger buys the marijuana and only, “sections off the weed and weighs it.” Applicant admitted to purchasing the small individual bags at a local gas station. Applicant was placed under arrest and cited with Delivery or Possession with the Intent to Deliver, Possession of Drug Equipment.

On November 30, 2015, in case number 2015CM003239, Information was filed charging Applicant with Possession of Marijuana, a misdemeanor, and Possession of Drug Paraphernalia, a misdemeanor, in the 12th Judicial Circuit Court, Will County, Illinois. On June 3, 2016, Applicant convicted, pursuant to a guilty plea, of Possession of Marijuana, a misdemeanor. On July 15, 2016, Applicant was convicted, pursuant to a guilty plea, of Possession of Drug Paraphernalia, a misdemeanor. On 12/29/2022, the charge of Possession of Marijuana, was expunged. Applicant failed to disclose the charge, conviction, and expungement on her application. Applicant failed to provide a written statement. During a February 22, 2024, telephonic interview about his incident with Board Staff, Applicant admitted, “We smoked some weed and the police showed up.” Applicant admitted to consuming marijuana while at the park. Applicant denied intention to distribute the marijuana. Applicant stated the marijuana was not hers and it belonged to the passenger. Applicant stated since she owned the vehicle and the passenger denied ownership of the marijuana, she was arrested and cited. Applicant admitted at the time of the incident, marijuana was still recreationally illegal. Applicant again admitted she failed to disclose this incident on her application.

On February 6, 2022, according to Wheaton Police Department (Illinois) report number WHP2206366, at approximately 2302 hours, an officer observed Applicant traveling at a high rate of speed, above the posted speed limit and observed the vehicle leave its lane of travel, passing into the other lane a total of four times. The officer approached the driver’s side of the vehicle and observed Applicant with a blank and dazed stare and detected an overwhelming odor of alcoholic beverage emanating from inside the vehicle. Applicant denied consuming any alcohol prior to driving. The officer observed Applicant with bloodshot glassy eyes and slow slurred speech. As Applicant was speaking, the officer observed the odor of alcoholic beverage emanating directly from her breath. Applicant refused to comply with the officers requests to exit the vehicle, placed her vehicle in drive and aggressively drove away. Applicant turned into a church parking lot, coming to an abrupt stop, exited the vehicle and began running through an adjacent field, ignoring the officer’s verbal commands to ‘stop’. Applicant was apprehended, placed in handcuffs, immediately went limp dropping her body to the ground, and was unresponsive to verbal commands. The officers carried Applicant to the patrol car and was later cleared by medics. Due to Applicant’s unresponsive behavior, Applicant was transported to Central DuPage Hospital in Wheaton (Illinois) for further evaluation and medical clearance. At the hospital, Applicant refused to comply with hospital staff, screaming and yelling profanities at nursing staff, and attempted to remove restraints. At 0110 hours, a blood draw was completed. Applicant was released without charges and pending arrest warrant at a later date. On February 8, 2022, an arrest warrant was issued for Applicant, for DUI, fleeing and eluding, speeding, improper lighting, and obstructing/resisting. On February 8, 2022, Applicant was arrested and cited DUI, Fleeing/Eluding a Peace Officer. Results of the blood draw were not provided from Wheaton Police Department.

On February 8, 2022, in case number 2022DT000234, a Complaint was filed charging Applicant with DUI - Alcohol - 1st Or 2nd Offense, a misdemeanor; Fleeing or Attempting to Elude Police Officer in Motor Vehicle, a misdemeanor; Speeding Over Statutory Limit 15-20, a misdemeanor; Improper Lane Usage Crossing Lane Boundary Unsafely, a misdemeanor; Improper Lighting - Head or Tail Lights - 1st Or 2nd Offense, a misdemeanor; Resisting or Obstructing a Police Officer, a misdemeanor; and DUI - BAC .08 or More - 1st Offense, a misdemeanor, in the 18th Judicial Circuit Court, in DuPage County, Illinois. On August 10, 2022, Applicant was convicted, pursuant to a guilty plea, of DUI-1st or 2nd Offense, a misdemeanor. Applicant was sentenced to 100 hours of Community Service Work, DUI Monitoring Program to include education, counseling, and assessed fines. On February 22, 2024, Applicant told Board Staff she has not consumed alcohol since this incident. During a February 22, 2024, telephonic interview about this incident with Board Staff, Applicant explained that she took a sleep medication by accident and then consumed alcohol, stating, “I had a mixed drink with dinner and after dinner I had 2 mixed drinks, but I didn’t finish the second one, so more like one and a half.” Applicant stated she does not remember how long she was at her friend’s house or over what period of time she consumed the alcohol. Applicant stated that while driving home, she attempted to use her GPS and became flustered. Applicant stated, “The entire situation felt so bizarre,” and described a foggy sense of memory while trying to recall events. Applicant, who was an RN as of 2020 in Illinois, stated she reported the incident to the Illinois Board of Nursing and submitted documents. Applicant denies any investigation or discipline with the Illinois BON as a result of this incident.

On Applicant’s November 17, 2023, application to the Board for RN Licensure by Endorsement, for question 6, that states, “For any criminal offense not previously reported to the board, including those pending appeal, have you: (You may exclude minor traffic violations, but must report all DUI charges/convictions) Check all that apply: [ ] been convicted of a misdemeanor?; [ ] been convicted of a felony or undesignated offense?; [ ] pled nolo contendere, no contest, or guilty?; [ ] received deferred adjudication?; [ ] been placed on community supervision or court-ordered probation, whether or not adjudicated guilt?; [ ] been sentenced to serve jail or prison time? court-ordered confinement?; [ ] been granted pre-trial diversion?; [ ] been arrested or have any pending criminal charges?; [ ] been cited or charged with any violation of the law?; [ ] been subject of a court-martial; Article 15 violation; or received any form of military judgment/punishment/action?; [ ] had a felony or undesignated offense pardoned, expunged, dismissed, deferred, reclassified, or redesignated?; [ ] No, none of the above applies,” Applicant selected the response of, “been placed on community supervision or court-ordered probation, whether or not adjudicated guilt?,” and disclosed 2022 charge of DUI in Illinois. Applicant failed to disclose the 2015 arrest for criminal mischief, battery on law enforcement officer, and resisting arrest in Panama City, Florida; and a 2015 arrest for possession of cannabis and possession of drug paraphernalia in Joliet, Illinois.

Applicant electronically signed the application by selecting the acknowledgement statement of, “The undersigned declares under penalty of perjury under the laws of Arizona, that he/she: Is the person referred to in the foregoing application; That the statements are true in every respect to the best of his/her knowledge; That he/she has not suppressed any information that would affect this application; That he/she will conform to ethical standards of conduct in the profession of nursing and obey the laws and rules of the Arizona Board of Nursing; That he/she has read and understands that failure to disclose the requested information or disclosure of false information or disclosure of misleading information may constitute fraud and may result in denial of licensure/certification or disciplinary action, up to and including revocation, taken against an issued license or certificate. Failure to disclose the requested information or disclosure of false or misleading information may also result in criminal prosecution. I consent to, and authorize, the Arizona Board of Nursing to disclose my academic transcript and educational related documents to other boards of nursing to enable the applicable boards of nursing to perform these regulatory functions in connection with any application for renewal or discipline or a nursing license.”

14. On May 28, 2024, Applicant underwent a comprehensive psychological evaluation, to include a substance abuse evaluation, with Jennifer Jones-Greenspon, Psy.D, Clinical Psychologist, who diagnosed Applicant with an Unspecified Alcohol Use Disorder, “in sustained remission per [Applicant].” Dr. Jones-Greenspon, noted Applicant’s resistance to disclose her current alcohol use, conflicting stories regarding the circumstances around the DUI incident occurring on February 6, 2022, and a defensive stance towards the evaluation. Dr. Jones-Greenspon made recommendations for treatment and monitoring. Dr. Jones-Greenspon opined that based on the information available for the current evaluation, there are significant concerns in regard to Applicant’s ability to safely practice due to a lack of self-examination; additionally, there are concerns regarding relapsing into abusing substances due to lack of coping skills.

15. On July 19, 2024, the Board considered the matter and voted to “offer a Consent Agreement for a minimum 36 month probation and upon signing, grant licensure.” The Consent Agreement for Probation was mailed to Applicant and due on September 9, 2024. On September 13, 2024, Applicant expressed interest in appealing the Board's decision. Applicant had not signed the Consent Agreement as of March 28, 2025.

On or about February 5, 2025, the Board issued a Complaint and Notice of Hearing, that alleged violations of A.R.S. § 32-1601(27) (a), (d), (e), (g), (h), and (j) and A.A.C. R4-19-403(2), (17), (18), (20), and (25).

The Notice of Hearing was sent via certified mail, regular mail and e-mail to Respondent at her address of record.

On or about March 12, 2025, the Office of Administrative Hearings issued an order to the parties informing them that the hearing would be conducted via Google Meet and the parties could attend through videoconference or by telephone. The order was sent to Respondent at her e-mail address of record.

Applicant 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 Applicant additional time, she 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, Applicant did not present any evidence as to why her application should be granted.

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).

Applicant bears the burden of proof to establish by a preponderance of the evidence that she met the qualifications to practice in Arizona and that, therefore, the Board erred in denying his application. See A.R.S. § 41-1092.07(G)(1); A.A.C. R2-19-119; 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).

The Board established by a preponderance of the evidence that Applicant engaged in unprofessional conduct as alleged in the Complaint and Notice of Hearing.

Applicant failed to appear at the hearing and therefore, failed to present any evidence to establish her qualification to practice nursing in the state of Arizona. Therefore, Applicant failed to meet her burden of proof that the Board erroneously denied his application.

RECOMMENDED ORDER

Based on the foregoing, the Administrative Law Judge recommends that the Board affirm its order denying the application of a license to practice as a registered nurse in the State of Arizona.

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, April 21, 2025.

/s/ Adam D. Stone

Administrative Law Judge

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

Joey Ridenour, RN, MN, Executive Director

State Board of Nursing

Gabriela Bogacz

[email redacted]

Roberto Pulver

Office of the Attorney General

Licensing & Enforcement Section

[email redacted]

[email redacted]

By: OAH Staff