ALJDEC

98A-9704219-NUR · State Board of Nursing · 1999-04-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 15, 1999. APPEARANCES: The Respondent, Latanya L. Craig, appeared personally. The Arizona State Board of Nursing was represented by Assistant Attorney General M. Elizabeth Burns. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully ________________________________________________________________ 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. The Arizona State Board of Nursing (“Board”) has authority pursuant to A.R.S. §§ 32-1606, 32-1663 and 32-1664 to impose disciplinary sanctions against holders of nursing licenses and certificates for violations of the Nurse Practice Act, A.R.S. §§ 32-1601 to -1667. 2. Latanya L. Craig (“Respondent”) holds nursing assistant certificate number CNA990184641 issued by the Board. 3. Respondent has been a certified nursing assistant for approximately 15 years. 4. On or about September 9, 1994, Respondent was convicted, pursuant to a plea of guilty, of a criminal charge of driving under the influence of intoxicating liquor in Docket No. 94 CT 5211 in Yuma, Arizona. 5. On April 23, 1996, a Yuma Police Department officer detained Respondent while she was driving a motor vehicle. Respondent identified herself as Elizabeth Patterson to the police officer. 6. The police officer proceeded to perform field sobriety tests and a portable breath test on Respondent, the latter test measuring Respondent’s blood alcohol concentration of .224. Respondent was then placed under arrest and transported to the Yuma Police Department for processing. 7. During her police processing while in custody, Respondent identified herself and signed all documentation using the name “Elizabeth Patterson”. Respondent never disclosed her true identify to the police authorities. 8. Elizabeth Patterson was a coworker of Respondent’s at the time of her arrest. After an investigation by the Yuma Police Department, it was determined that Respondent had given false information regarding her identity to the Yuma Police Department during her arrest. Respondent was properly identified and cited. 9. On or about June 20, 1996, Respondent was indicted in Case No. 92-GJ-147 (Justice Court No. 496-F0051) of two counts of Aggravated Driving While Under the Influence of Intoxicating Liquor and four counts of Forgery, all Class 4 felonies. 10. On or about January 7, 1997, Respondent was convicted in the Superior Court of Yuma County in Case No. 1400-SC-96-C-00681 of Aggravated Driving While Under the Influence of Intoxicating Liquor (While Driver’s License Suspended, Revoked, Cancelled or Refused), a Class 4 felony, a Non- Dangerous and Non-Repetitive offense. 11. On or about January 7, 1997, Respondent was also convicted in the same Superior Court case of Forgery, a Class 4 felony, a Non-Dangerous and Non- Repetitive offense. 12. The Superior Court sentenced Respondent to, among other things, four months of incarceration, placed her on supervised probation for a period of 48 months and ordered her to perform community service. She is presently on supervised probation. 13. On or about April 20, 1997, Respondent submitted a Certified Nursing Assistant Renewal Application to the Board. 14. On her April 1997 renewal application, Respondent answered “Yes” to the question which stated, “Since last year’s renewal, have you been convicted, entered a plea of guilty, nolo contendre…in any felony, misdemeanor or undesignated offense other than a minor traffic violation?” Respondent further wrote “D.U.I. details included” on that renewal application. 15. Respondent attached one page of a Department of Economic Security Decision of Appeal Tribunal to the April 1997 renewal application. The “Findings of Fact” on that document indicated that Respondent “plead guilty to D.U.I. in 1994” and “was sentenced to one day in jail and was required to pay a fine.” It further indicated that Respondent did not pay the fine and, as a result of that, was sentenced to 20 days in jail. 16. On or about May 9, 1997, Respondent completed a Board Nursing Assistant Questionnaire, which was received by the Board on September 15, 1997. On the questionnaire, Respondent indicated that she had been arrested on April 3, 1996, for D.U.I., convicted of “felony D.U.I”, and also sentenced to four months in prison, electronic monitoring, community service four years probation and attendance at Alcoholics Anonymous five times per week. 17. Respondent never advised the Board of her felony conviction on the forgery charge. The Board became aware of that conviction during the course of investigating Respondent’s background. 18. Respondent’s arrest and convictions on the two felony charges, and her failure to adequately disclose them to the Board during the certification renewal process are deemed acts of unprofessional conduct.

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CONCLUSIONS OF LAW

1. The above described conduct and circumstances constitute violations of A.R.S. § 32-1601(10)(a), (b) and (j) (amended 1997). 2. Respondent is guilty of unprofessional conduct which warrants the revocation of her nursing assistant certification by the Board for the protection of the public health and safety. 3. The Board’s revocation of Respondent’s nursing assistant certificate should not necessarily be construed as a lifelong ban from her practice as a nursing assistant in the State of Arizona. There is statutory authority providing that a convicted felon, such as Respondent, may apply for nursing assistant certification after a period of five years from the absolute discharge from the sentences for all felony convictions. A.R.S. § 32-1646 (B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Certificate No. CNA990184641 issued to Latanya L. Craig be revoked by the Arizona State Board of Nursing. Done this day, April 26, 1999.

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

State Board of Nursing Joey Ridenour, R.N., M.N., Director 1651 West Morten, #150 ATTN: Audrey Rath, Nurse Practice Consultant Phoenix, AZ 85020

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

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826