ALJDEC - Licensing
25A-2025010532-NUR · State Board of Nursing · 2025-04-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF PRACTICAL NURSE LICENSE NO. LPN235628 ISSUED TO:
DEEDRA SHAWNTAE MCCLUNG,
RESPONDENT.
No. 25A-[number redacted]-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 13, 2025. The record was held open until March 31, 2025.
APPEARANCES: Roberto Pulver appeared for the Arizona Medical Board. Respondent failed to appear.
ADMINISTRATIVE LAW JUDGE: Samuel Fox
EXHIBITS ADMITTED INTO EVIDENCE: Notice of Hearing Packet. Exhibits 1 through 10.
_____________________________________________________________________
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 Arizona Revised Statutes (“A.R.S.”) §§ 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, A.R.S. §§ 32-1601 et seq. and Arizona Administrative Code (“A.A.C.”) Rules 4-19-101 et seq.
Deedra McClung (“Respondent”) held Board issued practical nurse License Number LPN235628 in the State of Arizona.
Respondent did not appear at the hearing and did not submit any evidence to contradict those facts set forth by the Board. The Tribunal adopts the facts presented by the Board in its complaint and affirmed by the Board’s witness, Brent Sutter, with one amendment as testified to by Mr. Sutter. The facts of this matter are as follows:
1. Consent Agreement
Effective August 1, 2024, Respondent signed and entered into Consent Agreement and Order No. [number redacted] (“Order”) for a minimum 36-month probation with terms and conditions (please see the attached Order) due to the following:
a) On or about July 21, [2021], Respondent initial self-reported that she was drinking in March and got behind the wheel and drove to her mailbox. While doing so, she fell asleep behind the wheel. Law enforcement was called and she was charged with extreme driving under the influence (“DUI”). Based on this information the Board conducted an investigation.
b) On or about March 18, 2021 at approximately 2253 hours according to the City of Chandler Police Department, Chandler, Arizona, report number CH2021-28849, police contacted Respondent, the driver of a vehicle that was being evaluated by the Chandler Fire Department, after receiving a call informing them that Respondent was involved in a single car collision. Respondent had bloodshot, watery eyes and was slurring her words. She seemed confused and was having difficulties answering basic questions such as her name and where she was coming from. Officers observed a red Solo cup in Respondent’s car which later tested positive for alcohol. A bottle of wine was also discovered in Respondent’s car. At 1235 am Respondent’s blood was drawn. The results showed a BAC of 0.25. She was arrested and cited for driving under the influence. On August 25, 2021 in case number 21-P-897612, -13 and -14, a Criminal Complaint and Judgment Misdemeanor was filed charging Respondent with Liquor in vehicle passenger possession, DUI, DUI extreme with a BAC of .20 or more, misdemeanors, in Chandler Municipal Court, in Chandler, Arizona. Respondent failed to report her charges to the Board in 10 days as required. On February 4, 2022, Respondent was convicted, pursuant to a guilty plea, of Extreme DUI with a BAC of .15 or more, a misdemeanor, in Chandler Municipal Court in Chandler, Arizona. On June 30, 2023, Respondent told Board Staff that on the night of the incident she was having “straight” tequila shots and had about 6-7 of them.
c) On or about June 30, 2023, in an interview with Board Staff, Respondent that she is a social drinker and would drink when she went out with friends on the weekend however she no longer goes out and does not currently drink. When she did drink, she would consume about 4-6 mixed drinks in typical bar size glasses. She said her last time being intoxicated or having drinks was on the date of her March, 2021 DUI, which was her second DUI, after having a prior one in 2013. She stated that other than the two times she was arrested, she has driven from a club to her home a few times, while intoxicated, without getting caught. She stated it takes her about 4 drinks to feel intoxicated, where her speech is slurred and starts to lose balance. Her highest peak of drinking was at the age of 30. She would go out a lot on the weekends. She stated that she has experienced blackouts from drinking about 5 times in her life, with the first one at age 18 and the most recent in 2021 during her DUI. She reported becoming physically ill after a night of drinking and stated that in her 30’s she experienced a lot of hangovers. On June 30, 2023, Board Staff submitted a request for Respondent to complete a PEth test.
d) On or about October 9, 2023, Respondent submitted to a PEth test, and the results were positive for Phosphatidyl Ethanol at 225 ng/ml. According to the lab that did the test, “PEth levels in excess of 20 ng.ML are considered evidence of moderate to heavy alcohol consumption.”
e) On or about November 16 2023, Respondent completed a comprehensive psychological evaluation for potential chemical dependency with Dr. Jennifer Jones, Psy.D. Dr. Jones noted that Respondent met the diagnostic criteria for Alcohol Use Disorder, Moderate. Dr. Jones recommended that Respondent successfully complete a Standard Outpatient Substance Abuse Treatment Program, and made other recommendations for monitoring by the Board. Dr. Jones stated that Respondent is only deemed safe to practice if she is actively engaged in the above recommendations.
2. Rehabilitation Program
Paragraph 2, page 7 of the Order titled “Outpatient Substance Abuse Treatment Program” states, “Within 30 days of the effective date of this Order, Respondent shall enter a Standard Outpatient Substance Abuse Treatment Program. ... Respondent shall also cause the rehabilitation program to notify the Board as to Respondent’s participation and progress in, and discharge or termination from the program on the Board-approved form. Such reports are due beginning on the first quarterly reporting date after entry into the program and quarterly thereafter until completion of the program. At the completion of the rehabilitation program, Respondent shall cause the program director to provide the Board with documentation concerning Respondent’s completion of the rehabilitation program and recommendations for follow-up treatment.”
a. Respondent failed to enter a standard outpatient substance abuse treatment program within 30 days of the effective date of this Order, by August 31, 2024, and cause quarterly reports to be submitted to the Board by October 7, 2024, and January 7, 2025, in violation of the Order.
3. Participation in AA/NA
Paragraph 4, page 8 of the Order titled “Participation in AA/NA” states, “Within 7 days of the effective date of this Order, and throughout the term of this Order, Respondent shall participate at least 3 times weekly, or as recommended by the rehabilitation program, in Alcoholics Anonymous, Narcotics Anonymous, or a Board-approved equivalent community recovery program meeting (Celebrate Recovery, SMART Recovery), and shall submit to the Board, in writing on Board-approved forms, quarterly reports which are initialed by her sponsor. The first report is due by the first date on the Quarterly Reporting Due Date form, and quarterly thereafter. Failure to provide quarterly reports within 7 days of the reporting due date shall constitute noncompliance with this Order...
a. Respondent failed to provide any reports to the Board showing that she attended AA/NA or equivalent meetings at a minimum frequency of 3 times weekly for the months of August, September, October, November, and December 2024, in violation of the Order.
4. Drug Testing
Paragraph 7, pages 10-11 of the Order titled “Drug Testing” states, “Within 7 days of the effective date of the Order, and throughout the term of this Order, Respondent shall enroll and remain enrolled in the Board approved third party program for random drug and alcohol testing. Drug testing may include testing of urine, hair follicle, nail, saliva or blood, as determined by the Board of the Board’s designee. For random urine drug testing, Respondent shall submit a urine specimen a minimum of twice per month for the first 18 months after the effective date of the Order, and until receiving written authorization from the Board or its designee that the frequency of drug testing may be reduced. Thereafter, Respondent shall submit a urine specimen a minimum of once per month for the duration of the Order, and may be required to submit a specimen a minimum of once per month for the duration of the Order, and may be required to submit a specimen more frequently, as determined by the Board or its designee. Additionally, Respondent shall submit to random hair/nail drug testing 4 times per year....”
a. Respondent failed to enroll in the Board’s third party drug testing program within 7 days of the effective date of the Order, by August 8, 2024, and submit urine specimens for testing at minimum frequency of twice per month from August 1, 2024 through January 21, 2025, and random quarterly hair/nail specimens that were scheduled for August 27, 2024 and November 6, 2024, in violation of the Order.
b. Respondent has not submitted drug testing at any time since entering into her Consent Agreement.
5. Notification of Practice Settings
Paragraph 9, page 13 of the Order titled “Notification of Practice Settings” states, “Any setting in which Respondent accepts employment that requires nursing licensure shall be provided with a copy of the entire Consent Agreement and Order on or before the date of hire, or within 3 days from the effective date of this Order if currently employed. Within 3 days of Respondent’s date of hire, or within 3 days from the effective date of this Order if currently employed. Respondent shall cause Respondent’s immediate supervisor to inform the Board, in writing and on employer letterhead, acknowledgment of the supervisor’s receipt of a copy of this Consent Agreement and Order and the employer’s ability to comply with the conditions of probation....”
a. Respondent failed to provide her nursing supervisor at Spectrum Home Health in Phoenix, AZ with a copy of her Order within 3 days of the effective date of this Order on August 1, 2024, and cause her nursing supervisor to submit the Board’s acknowledgment form/letter, in violation of the Order. The Board never received an acknowledgement form for Spectrum Home Health.
b. During a phone call with Board staff on January 21, 2025, Respondent stated Spectrum Home Health closed in or about November 2024 and she did not know her supervisor’s last name. Board staff attempted to call Spectrum Home Health several times on January 21, 2025, and only received a busy signal.
6. Employer Performance Evaluations and/or Self-Reports
Paragraph 13, pages 14-15 of the Order titled “Performance Evaluation Reports” states, “By the first date on the Quarterly Reporting Due Date form, and quarterly thereafter, Respondent shall cause every nursing employer Respondent has worked for to submit to the Board, in writing, quarterly performance evaluation on the Board-approved form and competed by Respondent’s direct supervisor. In the event Respondent is not employed in nursing or attending nursing school during any quarter or portion thereof, Respondent shall submit to the Board, in writing, a self-report describing other employment or activities on the Board-approved form. ... Failure to provide employer evaluations or if not working in nursing, self-reports, within 7 days of the reporting date is noncompliance with this Order.”
a. Respondent failed to cause her nursing supervisor at Spectrum Home Health in Phoenix, AZ to submit quarterly performance evaluations that were due by October 7, 2024 and January 7, 2025 and a self-report form that was due by January 7, 2025, in violation of the Order.
7. Change of Employment/Address/Phone
Paragraph 18, page 16 of the Order titled “Change of Employment/Personal Address/Telephone Number” states, “Respondent shall notify the board, in writing, within 7 days of any change in nursing employment. Changes in nursing employment includes, but is not limited to, a change in nursing supervisor, the acceptance, resignation or termination of employment...”
a. On January 21, 2025, Respondent notified Board staff by phone that she was employed as an LPN at Spectrum Home Health in Phoenix, AZ until the facility closed in/around the end of November 2024. Respondent failed to notify the Board of her change in employment within 7 days of the change (when Spectrum Home Health closed), or ever, in violation of the Order.
8. On January 30, 2025, 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 ordered, pursuant to A.R.S. § 41-1092.11(B), and effective immediately, that DEEDRA SHAWNTAE MCCLUNG (“Respondent”), the holder of practical nurse license no. LPN235628, is SUMMARILY SUSPENDED pending proceedings for revocation and other action by the Board.
CONCLUSIONS OF LAW
This matter lies within the Board’s jurisdiction pursuant to A.R.S. § 32-1606(B)(10).
The Board bears the burden of proof and must establish cause to penalize Respondent’s practical nurse 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.”
A.R.S. § 32-1601(27)(d) states that unprofessional conduct includes “[a]ny conduct or practice that is or might be harmful or dangerous to the health of a patient or the public.
A.R.S. § 32-1601(27)(j) states that unprofessional conduct includes “[v]iolating this chapter or a rule that is adopted by the board pursuant to this chapter.”
The Board may summarily suspend a license if it deems that the public health, safety or welfare imperatively require emergency action.
The Board established by a preponderance of the evidence that Respondent engaged in unprofessional conduct as set forth in A.R.S. § 32-1601(27)(d) and (j).
The Board established by a preponderance of the evidence that Respondent’s licensure posed a sufficient risk for summary suspension.
In light of the evidence of record, the Board established cause to impose a disciplinary sanction against Respondent’s license under A.R.S. § 32-1606(B)(10) and A.R.S. § 32-1663(D). The Board established that Respondent is unregulatable and posed a risk to the public.
RECOMMENDED ORDER
IT IS RECOMMENDED that the Board affirm its order summarily suspending Respondent’s license number LPN235628.
IT IS RECOMMENDED that the Board revoke Respondent’s license number LPN235628.
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/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing
Roberto Pulver
Office of the Attorney General
[email redacted]
[email redacted]
Deedra Shawntae McClung
[email redacted]
By: OAH Staff