ALJDEC - Licensing
26A-2025070802-NUR · State Board of Nursing · 2025-12-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF PRACTICAL NURSE
LICENSE NO. LPN229400 AND LICENSED NURSING ASSISTANT NO. LNA229400 ISSUED TO:
WAYLON ROLLEY WHITE,
RESPONDENT.
No. 26A-[number redacted]-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 7, 2025; the record closed on December 1, 2025
APPEARANCES: Assistant Attorney General Roberto Pulver represented the Arizona State Board of Nursing. Amy Sammito appeared as a witness for the Arizona State Board of Nursing. Respondent Waylon Rolley White failed to appear.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: The Arizona State Board of Nursing’s Exhibits 1-24
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 sections 32-1606, 1663, and 1664 of the Arizona Revised Statutes (“A.R.S.”). 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 to -1667 and Arizona Administrative Code (“A.A.C.”) R4-19-101 to -904.
Waylon Rolley White (“Respondent”) holds Board issued Practical Nurse License Number LPN229400 and Licensed Nursing Assistant Number LNA229400 (Expired 07/31/2023) in the State of Arizona.
On or about July 30, 2025, the Board received a Complaint regarding Respondent filed by Respondent’s then-employer, Mogollon Treatment Center. The Complaint alleged that Respondent “was arrested and is being charged with 7 felony accounts involving sexual exploitation and misconduct involving minors. Details unknown. [Respondent] is being charged in Gila County.”
On August 5, 2025, the Board received a second Complaint regarding Respondent. This Complaint was filed anonymously and set forth the court information and eighteen (18) criminal charges against Respondent. Attached to the Complaint was a screenshot of the Payson Justice Court information concerning Respondent.
The Board investigated the Complaints.
During the Board’s investigation the following was discovered:
On June 30, 2025, BT, the mother of one of the victims, went to the Payson Police Department and reported that Respondent had sexually abused her sixteen year old son, CB. BT told the detective that on June 19, 2025, CB told her that Respondent had given him Ketamine, mushrooms containing psilocybin, and sexually abused him. BT disclosed to the detective that Respondent was her father’s in-home nurse.
During the police investigation, it was determined that over the course of several months in 2025, Respondent had groomed two male juveniles, 16 and 15 years of age, luring them for sexual activities. Respondent’s actions consisted of spending time with the juveniles, purchasing them expensive gifts, texting them extensively, and progressing into performing sexual acts with the juveniles in the home of Patient JW, while employed, and on duty, as Patient JW’s private caregiver.
On multiple occasions, Respondent provided to the juveniles his prescription Ketamine and psilocybin mushrooms during the sexual encounters, in the home of Patient JW, while employed, and on duty, as Patient JW’s private caregiver.
During the investigation, a third victim was identified with similar reports of sexual encounters with Respondent while the third victim was between ages 12 and 16 years old (approximately between 2019 and 2023), which included oral sex and several counts of molestation, touching of the genitals, which occurred in the home of Patient JW, while Respondent was employed, and on duty, as Patient JW’s private caregiver and while Patient JW was present in the home.
On July 28, 2025, Respondent was placed under arrest and transported to the Gila County Jail. Police cited Respondent with two counts of Sexual Abuse, two counts of Luring Minors for Sexual Exploitation, two counts of Involving a Minor in a Drug Offense, and Sexual Conduct with a Minor.
On August 5, 2025, in Gila County Superior Court, Case Number S-0400-CR-[number redacted], Respondent was charged with eight counts of Sexual Misconduct with Minor, two counts of Obscene Material-Furnish to Minors, three counts of Lure Minor for Sexual Exploitation, and five counts of Involve/Use Minor in Drug Offense, all of which are felonies.
On August 8, 2025, the Board sent Respondent a Notice of Complaint and Investigation with an attached Investigative Questionnaire and requested that Respondent complete and return the Investigative Questionnaire by August 22, 2025.
Respondent failed to respond to the Board and Respondent failed to report the multiple felony charges filed against him to the Board within ten (10) days, as required by statute.
As of September 17, 2025, the case was still pending and Respondent remained incarcerated in the Gila County Jail.
On September 25, 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 Respondent’s Practical Nurse License Number LPN229400 and Licensed Nursing Assistant Number LNA229400 (Expired 07/31/2023), be summarily suspended pending proceedings for revocation and other action by the Board.
On or about October 3, 2025, the Board issued a Complaint and Notice of Hearing Summarily Suspending Respondent’s Practical Nurse License Number LPN229400 and Licensed Nursing Assistant Number LNA229400 (Expired 07/31/2023), and alleging violations of A.R.S. § 32-1601(27)(b), (d), (g), (h), (j), A.A.C. R4-19-403(1), (2), (3), (4), (5), (10), (17), (18), (19), (25)(a), (28), (31); and A.R.S. § 32-3208(A) and (D).
On October 3, 2025, the Tribunal issued an Order Setting Hearing Via Google Meet that reiterated the hearing date and time, and provided Google Meet information to participate in the hearing either by video or by phone. The Order was sent to Respondent’s email address of record. Respondent did not request that the hearing be continued prior to the hearing convening. Although the start of the hearing was delayed approximately ten (10) minutes to allow Respondent additional time, he did not appear, personally or through an attorney, and did not contact the Office of Administrative Hearings to request that the start of the hearing be further delayed prior to the hearing convening. Consequently, Respondent did not present any evidence to defend his Practical Nurse License Number LPN229400 and Licensed Nursing Assistant Number LNA229400 (Expired 07/31/2023).
The Board submitted twenty-four (24) exhibits and presented the testimony of Amy Sammito, Senior Investigator for the Board.
Ms. Sammito testified regarding the Board’s investigation. Ms. Sammito testified that this was a “high risk case” due to the multiple charges involving minors, including sexual misconduct and drug offenses, and the fact that it was alleged that some of the offenses occurred while Respondent was providing in-home health care to an elderly patient.
Ms. Sammito testified consistently with the above-delineated Findings of Fact and that she agreed with all of the Findings set forth in the Complaint and Notice of Hearing.
Ms. Sammito testified that she spoke with Respondent’s criminal attorney who informed Ms. Sammito that she would not facilitate a conversation with the Board because she was not representing Respondent before the Board.
Ms. Sammito further testified that the Board obtained Respondent’s prescription history which revealed that Respondent was receiving prescriptions for ketamine and testosterone.
During her testimony, Ms. Sammito referenced her investigative report which referenced the forensic interviews of the victims.
The Board asserted that Respondent is not safe to practice as he used his license to take advantage of several minors, including the grandson of a patient, in the patient’s home, and provided ketamine and psychedelic mushrooms to the minors, and was arrested on multiple counts of sexual misconduct and drug offenses. The Board further asserted that Respondent is not regulatable because Respondent did not inform the Board of the charges, and did not respond to the Board during its investigation.
CONCLUSIONS OF LAW
This matter lies within the Board’s jurisdiction under A.R.S. § 32-1606(B)(10).
The Board bears the burden of proof and must establish cause to discipline Respondent’s Practical Nurse License Number LPN229400 and Licensed Nursing Assistant Number LNA229400 (Expired 07/31/2023) 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 uncontroverted evidence established that on or about July 28, 2025, Respondent was arrested and cited with two counts of Sexual Abuse, two counts of Luring Minors for Sexual Exploitation, two counts of Involving a Minor in a Drug Offense, and Sexual Conduct with a Minor, and that on or about August 5, 2025, Respondent was charged with eight counts of Sexual Misconduct with Minor, two counts of Obscene Material-Furnish to Minors, three counts of Lure Minor for Sexual Exploitation, and five counts of Involve/Use Minor in Drug Offense, all of which are felonies.
The uncontroverted evidence established that one of the victims was the grandson of a patient of Respondent and that at least some of the incidents occurred in the patient’s home.
The uncontroverted evidence established that Respondent did not report his criminal charges to the Board, in writing, within ten (10) working days.
The uncontroverted evidence established that Respondent failed to furnish a written statement to the Board in response to the allegations.
Accordingly, the Board established by a preponderance of the evidence that Respondent engaged in unprofessional conduct as defined by A.R.S. § 32-1601(27)(b), (d), (g), (h), and (j), A.A.C. R4-19-403(1), (2), (3), (4), (5), (10), (17), (18), (19), (25)(a), (28), (31), and A.R.S. § 32-3208(D), and violated A.R.S. § 32-3208(A). In light of the risk of potential harm to which patients could be exposed as a result of Respondent’s actions and violations of the Nursing statutes, rules and regulations, the Board established cause to impose disciplinary sanctions against Respondent’s licenses under A.R.S. § 32-1663(D) and A.R.S. § 32-1664(P).
RECOMMENDED ORDER
Based on the foregoing, the Administrative Law Judge recommends that the Board affirm its order summarily suspending Respondent Waylon Rolley White’s Practical Nurse License Number LPN229400 and Licensed Nursing Assistant Number LNA229400 (Expired 07/31/2023).
The Administrative Law Judge further recommends that the Board revoke Respondent Waylon Rolley White’s Practical Nurse License Number LPN229400 and Licensed Nursing Assistant Number LNA229400 (Expired 07/31/2023).
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, December 15, 2025.
/s/ Sondra J. Vanella
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
Licensing & Enforcement Section
[email redacted]
[email redacted]
Waylon R. White
[email redacted]
By: OAH Staff