ALJDEC

97A-951213-NUR · State Board of Nursing · 1998-12-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 3, 1998. APPEARANCES: The Arizona State Board of Nursing (“Arizona Board”) was represented by Assistant Attorney General Mona Peugh-Baskin. The Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

The commencement of the scheduled hearing was delayed for twenty minutes to allow for the late arrival of the Respondent or legal counsel representing him. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Decision are made:

FINDINGS OF FACT

Respondent and his California attorney had knowledge of the date and time of the instant hearing. Respondent holds professional nurse license number RN084146 issued by the Arizona Board on November 19, 1993. Respondent has been known by the following names: Thomas M. Haggerty; Micah Thomas Haggerty; Thomas Micah Haggerty; and Thomas Haggerty; and M.T. Haggerty. On or about October 6, 1993, Respondent provided false information on an application for professional nurse licensure by endorsement to the Arizona Board by stating under oath that he had graduated from the University of the State of New York, Albany (“SUNY”) with a Bachelor of Science in Nursing in 1986, when, in fact, he did not graduate from that program. Respondent was enrolled at SUNY from March of 1981 to August of 1982. While enrolled at SUNY Respondent was pursuing an Associate in Science degree in Nursing, not a Bachelor of Science in Nursing degree. Respondent was not awarded a degree by SUNY. The Arizona Board may issue a professional nurse license by endorsement, rather than by examination, to the holder of a professional nurse license in good standing issued by another state. In his application to the Arizona Board, Respondent indicated that he held a California registered nurse license no. RN343363 issued in 1982, which had been granted by successful examination. On or about December 14, 1994, Respondent provided false information to the Arkansas Board of Nursing (“Arkansas Board”) on an application for registered nurse licensure by endorsement by stating under oath that he had graduated from the Regent’s Program at SUNY in September of 1986, when he did not graduate from that school’s nursing program. On or about February 27, 1995, Respondent provided false information to the Arkansas Board on an application for a registered nurse practitioner license by stating under oath that he had graduated from SUNY with a Bachelor of Science in Nursing in 1980, when he did not graduate from that program. On or about November 16, 1995, the Arkansas Board issued an Order and Notice of Hearing alleging that Respondent had provided false information to the Arkansas Board in December of 1994 and February of 1995. In November of 1995, Respondent voluntarily surrendered his registered nurse and registered nurse practitioner licenses to the Arkansas Board. The California Board of Registered Nursing (“California Board”) issued Registered Nurse License No. 343363 to Respondent on April 30, 1982. On July 24, 1998, the California Board revoked Respondent’s California registered nursing license after an administrative hearing held on November 7, 1997. The California Board found that Respondent submitted false documentation when he first applied to the California Board for licensure. The California Board’s order also indicated that because Respondent had fraudulently obtained his registered nursing license in California, he was not entitled to reinstatement of that license because he never met the educational requirements for licensure. During the California administrative hearing on November 7, 1997, Respondent admitted that he forged a diploma from SUNY by obtaining a fake, blank diploma. Respondent further admitted that he paid a calligrapher to complete the diploma by entering his name, the words “Bachelor of Science in Nursing” and the date of issuance. On November 7, 1997, in the California administrative hearing, Respondent also admitted that he provided false information to the Arizona Board, the Arkansas Board and to the Board of Nurse Examiners for the State of Texas (“Texas Board”). Respondent filed an Application for Registration by Endorsement with the Texas Board in December of 1995. Respondent was subsequently issued Permanent Certificate Number 624340 as a Family Nurse Practitioner by the Texas Board. There is credible evidence that Respondent furnished the Texas Board with the following inaccurate information in support of his application for licensure: a completed counterfeit education Program History purportedly from the Naval Regional Medical Center-San Diego stating his enrollment in an educational program in September of 1980 and his completion in September of 1981; and fraudulent certifications from the University of California, San Diego. The Texas Board issued an Order, effective August 11, 1998, ordering that the voluntary surrender of Permanent Certificate Number 624340 issued to Respondent be accepted subject to the following conditions: Respondent was ordered not “…to practice professional nursing, use the title ‘registered nurse’ or the abbreviation ‘RN’ or wear any insignia identifying himself as a registered nurse or use any designation which directly, or indirectly, would lead any person to believe that he is a registered nurse during the period in which the license is surrendered”; Respondent was further ordered not to petition for relicensure for one year from the Order’s effective date; and required that Respondent satisfy all then existing requirements for relicensure at the time of application. Respondent does not possess the necessary educational requirements required for professional nursing licensure. He is neither a graduate of a diploma program, associate degree nursing program nor a baccelaureate of science in nursing program. Respondent’s deceitful acts in obtaining his professional nursing licensure constitute despicable conduct. They are tantamount to a slap in the face to the Arizona Board, the public, the qualified nursing community, those in the nursing community who have earned, or are working towards earning, a baccelauriate of science in nursing degree, SUNY as an educational institution and the graduates of the SUNY baccelauriate of science in nursing progam. Under all the circumstances, Respondent is found to be a threat to the public health, safety and welfare as a licensed professional nurse in Arizona. There is not a scintilla of mitigating factors in this matter.

CONCLUSIONS OF LAW

The Arizona Board has authority pursuant to A.R.S. §§ 32-1606, 32-1663, and 32-1664 to impose disciplinary sanctions against the holders of nursing licenses, such as Respondent, for proven violations of the Nurse Practice Act, A.R.S. §§ 32-1601 to -1667. The evidence of record is adequate to establish that Respondent has violated the following statutory provisions: A) A.R.S. §32-1663(D) (amended 1995), as defined in A.R.S. §32- 1601(11)(a), (d), (I) and (j) (amended 1995); B) A.R.S. §32-1663(D) (amended 1997), as defined in A.R.S. §32- 1601(10) (a), (d), (I) and (j) (amended 1997); and C) A.R.S. §32-1663(D)(1) and (9) (amended 1993) and A.R.S. §32- 1663(D) (amended 1998), as defined in A.R.S. §32-1601(13)(a), (d), (f) and (h) (amended 1998). The evidence of record supports the revocation of Respondent’s professional nursing license by the Arizona Board as an appropriate disciplinary sanction in this matter. The Arizona Board should advise the California Board, the Arkansas Board and the Texas Board of its decision in this matter.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s Professional Nurse License No. RN084146 be revoked by the Arizona State Board of Nursing. It is further recommended that the Arizona State Board of Nursing advise the Arkansas Board of Nursing, the California Board of Registered Nursing and the Board . . . . . . . . . of Nurse Examiners for the State of Texas of the final disposition of this disciplinary action.

Done this day, December 23, 1998.

_________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

Original transmitted by mail this ____ day of December, 1998, to:

Joey Ridenour, RN, MN, Director State Board of Nursing ATTN: Jane Werth, RN, MS 1651 West Morten, #150 Phoenix, AZ 8502

By _______________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826