ALJDEC
98A-920636-NUR · State Board of Nursing · 1999-07-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|In the Matter of Practical Nurse |(|Docket No.: 98A-920636-NUR | |License No. LP020627 |(| | |Issued to: |(| | | |(|Recommended | |LOUIS M. PARRA |(|Decision and Order | |1575 East Grant Road |(| | |Tucson, AZ 85719 |(| | | |(| |
HEARING: Wednesday, July 21st, 1999; 9:15 a.m. Appearances: The State of Arizona, Board of Nursing, was represented by Ms. M. Elizabeth Burns, Assistant Attorney General. The Respondent, Mr. Louis M. Parra, failed to appear or be represented. Ms. Barbara Brodrick, Court Reporter was present. Administrative Law Judge: Grant Winston
This administrative hearing was held as scheduled and noticed on July 21st, 1999. The hearing was not called for fifteen minutes beyond the stated time in order to allow for any late appearance of the Respondent. Testimony was heard and other evidence admitted to record and, based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.
FINDINGS OF FACT
1. The Respondent in this case, Mr. Louis M. Parra, is and at all times relevant hereto was, a licensed practical nurse in the State of Arizona, holding License Number LP020627.
2. The history of this disciplinary action taken by the State Board of Nursing (Board) dates back to before November 16th, 1998. It was on that date, in this same case (920636), the Board issued an order disciplining this Respondent for substantially the same misconduct that is now before the Board, i.e. substance abuse. The findings of fact, conclusions of law, and order of the Board in the Order of November 16th, 1998, have long since become final, and a copy of the Board’s Findings, Conclusions and Order are of record in this hearing. Thus, those facts and conclusions are recognized in this matter. A brief recitation of those facts are in order.
3. Briefly, it can be found that the Respondent has a lengthy history of drug and alcohol abuse, and violence relating to, dating back to at least as early as 1980, when he was arrested in Tucson for simple assault. He pled guilty to another charge of simple assault in 1991. He was arrested in 1984 for loitering for the purpose of prostitution, and providing false information to a police officer.
4. Respondent was arrested in 1987 in Tucson for public drinking, while he was apparently intoxicated. He was fined for this offense.
5. In 1988 Respondent was arrested for failure to appear on an arrest for marijuana possession.
6. In 1990 in Tucson, Respondent was arrested for shoplifting, pled guilty to the charge and was fined.
7. In 1993, in a telephone interview with the Board, Respondent reported his history of childhood physical and emotional abuse, and parental alcoholism. He admitted his 1993 arrest for driving under the influence. He stated his belief that he was an alcoholic, and was seeking treatment. He also stated his prior cocaine addiction. He was asked by the board to have an addictionist evaluation, but did not do so.
8. In 1993, in Michigan, Respondent drove his vehicle into a brick wall. His blood alcohol level was .189 at the time of the crash. He pled guilty to driving under the influence.
9. In a 1993 phone interview with the Board, Respondent stated he was seeing a psychiatrist, and was possibly a manic depressive. The Board requested from him records of his civil probation and addictionist evaluation and psychological treatment records. He did not comply.
10. In 1995 Respondent was evaluated by two medical doctors in Michigan. No major mental disorder was apparent. However, it was concluded that Respondent suffers from a history of polysubstance abuse, including marijuana. The evaluators recommended outpatient substance abuse therapy for Respondent, specifically completion of chemical dependency rehabilitation to be addressed and monitored through the Board.
11. Based on these facts, the Board concluded that the Respondent had violated certain provisions of the statutes governing the practice of nursing in Arizona. The Board ordered Respondent’s license to be placed on “suspension for an indefinite period with terms and conditions, followed by probation for thirty-six (36) months while employed in nursing (not less than sixteen (16) hours a week). The Suspension is to commence the effective date of this Order and is subject to the following terms and conditions.” This Order was dated November 21st, 1995.
12. On April 27th, 1998, the Respondent entered into the terms of the probationary status in accordance with the November 21st, 1995 Order.
13. The evidence produced at the hearing proved that Respondent had failed to regularly attend weekly meetings of the Nurse Recovery Group, and failed to attend any such meetings since the second week of July, 1998. Paragraph two of the Terms of Probation regulating his probationary period required this attendance.
14. Paragraph four of the Terms of Probation required Respondent to submit to the Board verification of his having attended Alcoholics Anonymous, Narcotics Anonymous, or a like meeting. Respondent failed to submit verification of this activity since May 29th, 1998.
15. Paragraph five of the previous Board Order’s terms of probation required Respondent to submit to random biological fluid testing to screen for any use of drugs. Respondent was being tested at a facility by the name of Sonora Laboratory Science, in Phoenix. Testing showed that a sample collected from the Respondent on July 13th, 1998, was positive for the presence of marijuana metabolites. This positive test reveals a violation by the Respondent of paragraph seven of the Order’s probation terms, in that he failed to abstain from the use of controlled substances.
16. The hearing evidence demonstrates also that on eleven separate occasions from October 9th, 1998, through July 10th, 1999, Respondent was selected for random testing at Sonora Laboratory, and failed to appear to submit to the testing, in violation of his probationary status.
17. In an interview with the Board on May 21st, 1998, Respondent divulged that he had relapsed, and used marijuana. Later, on June 22nd, 1998, Respondent reported to the Board that he was still using marijuana. Paragraph seven of the Order’s probation terms require Respondent to abstain from the use of dangerous substances, and these admissions to the Board reveal that he violated that term.
18. Respondent failed to submit to the Board quarterly employee evaluation reports, or self-reports since May 29th, 1998, which constitutes a violation of the Order’s probation term at paragraph 12.
19. Finally, Respondent was required by the Order’s probationary term at paragraph one to obey all federal, state and local laws and rules governing the practice of nursing.
20. Considering the above facts, the Board filed the instant Complaint and Notice of Hearing against the Respondent on June 14th, 1999. Respondent failed to file any answer to the Complaint. Respondent failed to appear at the administrative hearing.
Conclusions of Law
1. This hearing was held under authority of and pursuant to A.R.S. §32- 1664, and A.R.S. §41-1092.
2. The Board’s Complaint alleges that Respondent, in light of the above- found facts, has violated the laws governing the practice of nursing in the State of Arizona, and specifically A.R.S. §32-1601.14.(g) and (i). (Board also alleges violation of these provisions under the former statutes prohibiting the same conduct, as his violations span a period of time relating back to the previous statutory numbering of them, which was A.R.S. §32-1601.13. (g) and (i).)
3. A.R.S. §32-1601.14. (i) prohibits a nurse from violating a Board Order. Respondent repeatedly violated the Board order of November 21st, 1998, as shown by the above findings of fact.
4. A.R.S. §32-1601.14 (g) prohibits a nurse from willfully or repeatedly violating a provision of Title 32, Chapter 15, Nursing. The Board alleges that Respondent, having violated A.R.S. §32-1601.14. (i), violated A.R.S. §32-1601.14. (g). The facts support that conclusion; Respondent willfully and repeatedly violated the Board Order, thus violating A.R.S. §32-1601.14. (g) and (i).
5. The Board’s Complaint also alleges Respondent violated A.A.C. R19- 403(13) (amended 1995). That Rule references A.R.S. §32-1601.11.(d) and enumerates instances of unprofessional conduct as meant by that term in that statute (now A.R.S. §32-1601.14.(d)). Rule 4-19- 403(13)12. states in pertinent part: “A pattern of use or being under the influence of alcoholic beverages, medications, or other substances to the extent that judgment may be impaired and nursing practice detrimentally affected[.]” Subpart 13 of that rule states in pertinent part: “Obtaining, possessing, administering, or using any narcotic controlled substances, or illegal drugs in violation of any federal or state criminal law[.]” The facts support the conclusion that Respondent’s actions fall within these definitions.
6. These findings and conclusions constitute authorization to the Board to revoke Respondent’s nursing license. A.R.S. §32-1606.C.1. Based on the repeated, willful, and serious nature of the violations of the Respondent, over the span of time involved, and the fact that he has already had his license suspended, and the serious threat to the public’s well-being his behavior demonstrates, revocation of Respondent’s license is warranted.
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Recommended Order
Wherefore, it is hereby recommended that the Respondent’s LPN License Number LP020627, be revoked, upon the effective date of this order.
Dated this 29th day of July, 1999.
OFFICE OF ADMINISTRATIVE HEARINGS
_________________________________ Grant Winston Administrative Law Judge
Original mailed this day of July, 1999, to:
Ms. Joey Ridenour, R.N., M.N. Executive Director Attn.: Audrey Rath, R.N. Arizona State Board of Nursing 1651 E. Morton, Ste. 150 Phoenix, AZ 85020
Transmitted by:
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