ALJDEC

98A-921003-NUR · State Board of Nursing · 1998-07-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 13, 1998 APPEARANCES: The State Board of Nursing (“Board”) was represented by Assistant Attorney General Janet M. Walsh. Richard Douglas Parsley (“Respondent”) did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

The commencement of the scheduled hearing was delayed for approximately thirty minutes to allow for the late arrival by Respondent. No appearance was made by Respondent. The hearing was then convened. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. At the outset of the hearing, the Board requested that the Second Amended Complaint be amended as follows: page 2, paragraph 6. the date referenced on line one should read “December 10, 1997”, and line five should have “December” deleted and “June” inserted; and page 3, paragraph 7. the date referenced should be “February 6, 1998”. The Second Amended Complaint was amended to reflect those changes. 2. Respondent is the holder of Professional Nurse License No. RN057099 issued by the Board. 3. In 1992, Respondent was convicted of two felonies for the sexual abuse and child molestation of his then step-daughter. 4. In 1992, Respondent was sentenced to life-time sexual offender probation and placed on the police sex offender list. 5. On August 1, 1994, Respondent entered into a Consent Agreement and Order No. 921003 (“Consent Agreement”) with the Board. Respondent consented to the Board’s entry of Findings of Fact and Conclusions of Law, which are set forth in the Consent Agreement, and the Board’s determination that Respondent had violated the provisions of A.R.S. §32-1663(D) (2) and (4) (amended 1993) and A.A.C. R4-19-403 (1) (amended 1995). As a result of those Findings and Conclusions, the Board placed Respondent’s professional nursing license on probation for a minimum period of sixty months. 6. On December 10, 1997, Respondent was charged with fourteen counts of making a false statement, class 6 felonies, one count of first degree computer fraud, a class 3 felony, and one count of theft, a class 4 felony, in connection with Respondent’s filing of false claims for benefits for March through June of 1997 to the Arizona Department of Economic Security in the amount of $3,330.00. 7. On February 6, 1998, Respondent pled guilty to the crime of Theft, a class 4 felony, non-dangerous and non-repetitive offense in violation of A.R.S. §§ 13-1802(A) (3), 13-1801, 13-701, 13-702, 13-702.01, 13-801, 13- 804. 13-806, 12-116.01 and 12-116.02. Respondent now has three felony convictions. 8. Paragraph 13. of the Consent Agreement required Respondent to “…obey all federal, state and local laws, and all laws/rules governing the practice of nursing in this state.” Respondent is found to have failed to obey all laws when he submitted false claims for benefits to the Arizona Department of Economic Security from March through June of 1997 in the amount of $3,330.00, which served as the basis for his recent felony theft conviction. 9. Paragraph 21. of the Consent Agreement required Respondent to “…continue to meet and remain in compliance with his criminal probation requirements for his sexual abuse and child molestation convictions.” Respondent failed to meet and remain in compliance with his criminal probation requirements when he engaged in criminal conduct by submitting false claims to the Arizona Department of Economic Security from March to June of 1997, in the amount of $3,330.00, which served as the basis for his recent felony theft conviction.

CONCLUSIONS OF LAW

1. The 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 for violations of the Nurse Practice Act, A.R.S. § 32-1601 to -1667. 2. The conduct and circumstances set forth in Findings No. 6 and 7 above constitute a violation of A.R.S. § 32-1663(D), as defined in A.R.S. § 32- 1601 (10) (b), (d) and (j) (amended 1997). 3. The conduct and circumstances set forth in Findings No. 5 and 8 above constitute a violation of Paragraph 13. of the Consent Agreement in violation of A.R.S. § 32-1663(D), as defined in A.R.S. § 32-1601 (10) (h) and (k) (amended 1997). 4. The conduct and circumstances set forth in Findings No. 5 and 9 above constitute a violation of Paragraph 21. of the Consent Agreement in violation of A.R.S. § 32-1663(D), as defined in A.R.S. § 32-1601 (10) (h) and (k) (amended 1997). 5. The evidence of record is sufficient to support the revocation of Respondent’s professional nursing license to protect the public’s health, safety and welfare.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s professional nursing license number RN057099 be revoked by the State Board of Nursing.

Done this day, July 13, 1998.

______________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

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

Joey Ridenour, RN, MN Director State Board of Nursing 1651 West Morten, #150 ATTN: Jane Werth, RN, MS Phoenix, AZ 85020

By ___________________________ -----------------------

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