Arizona State Board of Nursing

Transcription

1 Arizona State Board of Nursing Janice K. Brewer Joey Ridenour Governor Executive Director Board Meeting Minutes The regular meeting of the Arizona State Board of Nursing convened at 8:01 a.m., Wednesday, September , in the Board of Nursing Board Room, Suite 200, 4747 N. 7 th Street, Phoenix, Arizona, with PhD, MBA, RN, FAAN,, presiding. BOARD MEMBERS PRESENT: PhD, MBA, RN, FAAN, LPN, Vice M. L. JD, LPN, E., MSN, RN, FCN, Board PhD WHCNP, FNAP, RN, MPA, PhD, FACHE, LEGAL COUNSEL: Seth Hargraves, Assistant Attorney General Kim Zack, Assistant Attorney General Nina Zimmerman, Assistant Attorney General STAFF: Joey Ridenour, RN, MN, FAAN, Executive Director Judy Bontrager, RN, MN, Associate Director of Operations Pamela Randolph, RN, MSN, Associate Director of Education and Evidence Based Regulation Valerie Smith, RN, MS, Associate Director of Investigations Susan Barber, RN, MSN, Nurse Practice Consultant/Hearings Stoney Blair, Senior Investigator Tammi Bymers, RN, MSN, Nurse Practice Consultant Frank Curatola, Senior Investigator Janeen Dahn, MSN, FNP, Nurse Practice Consultant/Advanced Practice Amy Foster, Senior Investigator Karen Grady, RN, MS, CS, FNP, Nurse Practice Consultant Angela Hill, RN, Nurse Practice Consultant Dolores Hurtado, Legal Assistant II/Monitoring Ron Lester, Senior Investigator Connie Linck, RN, MN, Nurse Practice Consultant/CANDO Midkiff, RN, MN, Nurse Practice Consultant Michelle Mills, RN, MA, Nurse Practice Consultant/Monitoring Betty Nelson, RN, MS, Nursing Assistant Consultant Stephanie Nelson, R.N., MSN, Nurse Practice Consultant Kirk Olson, Senior Investigator Doug Parlin, Senior Investigator Mary Rappoport, RN, MN, Nurse Practice Consultant Jeanine Sage, RN, MSN, Nursing Assistant Consultant V. Ann Schettler, RN, MHL, CLNC, Nurse Practice Consultant Sister Rachel Torrez, RN, MS, Nurse Practice Consultant Nancy Twigg, RN, MSN, Nurse Practice Consultant Barbara Melberg, Legal AzBN September 2009 Board Meeting 1

2 I. Call to Order The meeting was called to order at 8:01 a.m., Wednesday, September 23, The following Board members were present:, and Scott. Malloch presided. Malloch welcomed members of the audience and explained the procedure for addressing the Board. Busby arrived at the meeting at 8:03 a.m. VI.A. VI.A.10. Executive Directors Report Ridenour Welcome & Introduction of Apple, NCSBN CEO & Thomas, NCSBN Board of Directors/ED Texas Board of Nursing; Updates from NCSBN & Comments on Board Governance Malloch/Board s/ridenour Malloch welcomed visitors Apple, NCSBN CEO, and Thomas, NCSBN Board of Directors/Executive Director Texas Board of Nursing to this meeting. V. RN/LPN/CNA Investigative Reports V.G.1. Donald Patrick Vonderau RN (Midkiff) Attorney Jay Ryan was present and addressed the Board. Vonderau was present and available for questions. Midkiff addressed the Board with additional information. Johnson moved, Scott seconded, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12 months probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. Johnson amended the motion to include: respondent allowed to complete terms of Consent Agreement in the State of Indiana based on approval of the Indiana Board. Scott concurred. The motion carried unanimously. The meeting recessed at 8:19 a.m. and reconvened at 8:26 a.m. due to technical difficulties. V.D.1. Karen Watts RN059345; AP416 (Dahn) Watts was present and available for questions. Johnson moved, Busby seconded, and it was unanimously carried to dismiss the complaint. V.D.2. Kim Kabbech RN067021; AP0152 (Dahn) Complainant Sheryl Dusch was present telephonically and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to dismiss the complaint. V.D.3. Suzanne Salem RN034491; AP047 (Dahn) recused himself to avoid the appearance of impropriety. Attorney Teressa Sanzio was present and addressed the Board. Scott moved, Busby seconded, based on the findings of fact and statute/rule violations identified in the investigative report, to issue a Notice of Charges. AzBN September 2009 Board Meeting 2

3 Busby moved, Scott seconded, and it was unanimously carried to go into Executive Session on Agenda Item V.D.3. for the purpose of reviewing confidential documents and to obtain legal advice. Executive Session convened at 8:40 a.m. and adjourned at 8:45 a.m. The motion made for Notice of Charges, prior to Executive Session, was carried with five in favor, two opposed and one abstained. IV.C. Non-Compliance/Compliance with Board Orders IV.C.1. Bernadette Bergin RN090633; LP029045; CNA (Mills) Bergin was present and addressed the Board. Busby moved, Scott seconded, and after discussion it was unanimously carried, based upon the information contained in the investigative report, to amend current offered Consent Agreement, to allow direct supervision instead of a preceptor, the attached stipulations, and may work 24 hours per week. If not signed, continue current Order of Suspension. V. RN/LPN/CNA Investigative Reports V.M.26. Samantha Victoria Thacker CNA Exam (Sage) Sage addressed the Board with additional information. Busby moved, Link seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, deny certification. V.P.5. Diane Kubala RN (Twigg) Perry and Berrigan recused themselves to avoid the appearance of impropriety and left the meeting at 8:58 a.m. Attorney Kathleen Pagels and Cindy Leach, and attorney Teressa Sanzio were present and addressed the Board. Kubala was present and available for questions. Link moved to issue a Letter of Concern for continuing patient care issues while employed as Director of Nursing at Waverly Park in Tucson, Arizona from on or about July 2006 to November After discussion the motion failed for lack of a second. Busby moved, Scott seconded, and it was unanimously carried to dismiss the complaint. Berrigan returned to the meeting at 9:24 a.m. V.M.17. Cindy L. Pickett CNA (Sage) Sage addressed the Board with additional information. Pickett was present and available for questions. Johnson moved, Scott seconded, and it was unanimously carried to issue an Interim Order for a substance abuse evaluation, to be completed by a Board approved evaluator who is at minimum PhD prepared, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue Notice of AzBN September 2009 Board Meeting 3

4 Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order. V.O.13. Michele Lynn Coleman RN (Torrez) Attorney Susan Mclellan and Coleman were present and addressed the Board. Perry returned to the meeting at 9:27 a.m. Scott moved, Johnson seconded, based on the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. The motion carried with seven in favor and one abstained. ABSTAIN 1 X V.K.7. Frankie Ard McNeill RN061402; CRNA0122 (Parlin) Attorney Teressa Sanzio was present and addressed the Board. Busby moved, Johnson seconded, based on the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for a $250 Civil Penalty. If not signed within 30 days and payment not received within 60 days, issue Notice of Charges. After discussion the motion carried with six in favor and two opposed. YES 5 X X X X X X NO 2 X X V.B.13. Kevin Jordan RN (Bymers) Bymers addressed the Board and confirmed receipt of additional information. Attorney Teressa Sanzio was present and addressed the Board. Jordan was present and available for questions. Johnson moved, Scott seconded, and it was unanimously carried to affirm the August 2009 Board decision to issue an Interim Order for a psychological evaluation by a Board approved PhD level psychologist, with focus on professional boundaries and ethics, and to include any additional testing deemed necessary by the evaluator to be completed within 30 days of this meeting and then return to the Board. If the Interim Order is not completed, based on the findings of fact and statute/rule violations identified in the investigative report, issue Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order. AzBN September 2009 Board Meeting 4

5 IV.D. Non-Compliance/Compliance with Board Orders IV.D.1. Roseanna C. Bennett RN (Hurtado) Attorney Jeffrey Jacobson was present telephonically and addressed the Board. Busby moved, Scott seconded, and it was unanimously carried to approve a request to terminate the Consent Agreement and Order No NUR entered into on April 2, V. RN/LPN/CNA Investigative Reports V.N.11. Elizabeth Bence-Ortega RN (Schettler) Attorney Scott King was present and addressed the Board. Bence-Orgeta was present and available for questions. Busby moved, Perry seconded, and it was unanimously carried, for complaint #1, to issue a Letter of Concern for failing to administer a bolus dose of Magnesium Sulfate to patient S.M. in a timely manner, and restarting the intravenous (IV) pump without a second RN to confirm the infusion rate; for failing to follow hospital policy for hanging intravenous (IV) Pitocin, while employed at Chandler Regional Medical Center in or about May 2008; and for complaint #2, dismiss. V.L.14. Geoffrey Lloyd Godfrey RN106981; AP2098 (Rappoport) Malloch knows Kenny but shows no bias. Rappoport addressed the Board with additional information. Godfrey was present and addressed the Board. Attorney Kraig Marten was present and available for questions. Busby moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to monitor patient B.L. who was receiving anti-coagulant therapy for approximately six months, while employed as a family nurse practitioner at Maryland Gardens in Phoenix, Arizona. V.Q.1. Jeanne Fulcher RN037765; AP0022 (Smith) (aka: Noreen T. Partridge) Attorney Mel McDonald was present and addressed the Board. Johnson moved, Scott seconded, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12 months probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. After discussion Johnson amended the motion to include the stipulation that a professional health care ethics course be taken in person and not an online course. Scott concurred. The motion carried with seven in favor and one opposed. NO 1 X The meeting recessed at 10:06 a.m. and reconvened at 10:23 a.m. AzBN September 2009 Board Meeting 5

6 IV.A. RN/LPN/CNA Termination of Previously Issued Board Orders after Full Compliance (Hurtado) 1. Dresden Roy Decena CNA September 23, Amber Dawn Durfield LP September 23, Julie Lenore Gregory RN133671; LP September 23, L. Showalter RN October 06, Jennifer Johnson-Belisle RN October 16, Amy Rebecca Howard RN November 07, 2009 Busby moved, Scott seconded, and it was unanimously carried to approve the full compliance list to terminate Board Orders on the individual(s) listed above on dates given, if no evidence of noncompliance with Board Order/Consent Agreements exist. Perry returned to the meeting at 10:25 a.m. IV.C. Non-Compliance/Compliance with Board Orders IV.C.2. Sandra Allen RN (Mills) Mills addressed the Board with a technical correction to the investigative report. Scott moved, Link seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for 18 months stayed revocation/probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges based upon information contained in the investigative report. The motion carried with seven in favor and one abstained. ABSTAIN 1 X IV.C.3. Paulette Wright RN124982; AP1846 (Mills) Mills addressed the Board with additional information. Wright was present telephonically and addressed the Board. Johnson moved, Busby seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12 months stayed revocation/probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges based upon information contained in the investigative report. IV.C.6. Katherine Kirkpatrick RN (Mills) Busby moved, Link seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 18 months stayed revocation/probation, followed by 18 months probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges based upon information contained in the investigative report. AzBN September 2009 Board Meeting 6

7 IV.D. Non-Compliance/Compliance with Board Orders IV.D.2. Linda M. Brooks CNA (Hurtado) Johnson moved, Perry seconded, and it was unanimously carried to lift suspension and terminate Consent Agreement and Order No entered into on December 5, IV.D.3. Elizabeth A. MacDonald CNA (Hurtado) MacDonald was present telephonically and addressed the Board. Perry moved, Link seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12 months stayed revocation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. IV.D.4. Simon M. Munoz RN (Hurtado) Hurtado addressed the Board with additional information. Johnson moved, Scott seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 18 months stayed revocation/probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. IV.D.5. Debra A. Sciandra LP (Hurtado) Perry recused himself to avoid the appearance of impropriety. Hurtado addressed the Board and confirmed receipt of additional information. Sciandra and Barbara Ruben were present and addressed the Board. Busby moved, Link seconded, to approve a request to terminate the Consent Agreement and Order No NUR entered into on May 14, The motion carried with seven in favor and one abstained. IV.E. Adopt Notice of Charges for RN/LP/CNA Noncompliance IV.E.1. Shirley G. Austin LP (Hurtado/Mills) Link moved, Johnson seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to issue a Notice of Charges. IV.E.2. Danette L. Johnson RN (Hurtado/Mills) Johnson moved, Scott seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to issue a Notice of Charges. AzBN September 2009 Board Meeting 7

8 IV.F. CANDO Eligibility/Noncompliance & Investigative Reports IV.F.1. Julie Pringle RN078420: LP023383; CNA (Linck) Malloch and Scott know Karen Tossey but show no bias. Linck addressed the Board with additional information. Busby moved, Perry seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to issue a Notice of Charges. IV.F.2. Karey Lee Yates RN (Linck) Johnson moved, Scott seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 24 months stayed revocation with the license suspended during the first 12 months and on stayed revocation/ probation the second 12 months, followed by 24 months standard probation to include the attached stipulations. If not signed within 30 days, to issue Notice of Charges based upon information contained in the investigative report. III. Board Discussion/Decision Regarding Case Disposition/Summary Letter of Concern Lists, Lapsed Licenses, Licensure & Compact Licensure Decisions III.G. RN/LPN Compact Investigative Cases III.G.1. Dawn Reimers RN (Iowa) Rappoport An attempt was made to contact Respondent telephonically and a message was left that the Board would move ahead with the case. Rappoport addressed the Board with additional information and requested the Board to disregard fact #7 on page four of the investigative report. Scott moved, Johnson seconded, and it was unanimously carried to issue an Interim Order for a substance abuse evaluation to be completed by a Board approved evaluator who is at minimum PhD prepared, and to include any additional testing deemed necessary by the evaluator, to be scheduled within 15 days and completed within 45 days. If the Interim Order is not completed, based upon the findings of fact and statute and rules violations identified in the investigative report, issue Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order. V. RN/LPN/CNA Investigative Reports V.B.2. Paola Ivette Camarena LP044294; CNA (Bymers) Camarena was present and addressed the Board. Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for inappropriately accessing the laboratory records of E.L. while working for Dependable Nursing and working at Cigna Health Care, which is a violation of the policy and procedures of Cigna Health Care. V.C.7. Raquel Lyn Dartt RN126959; LP (Curatola) AzBN September 2009 Board Meeting 8

9 Dartt was present and addressed the Board. Link moved, Scott seconded, to issue an Interim Order for a psychological evaluation, to include a substance abuse evaluation, to be completed by a Board approved psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order. After discussion the motion carried with five in favor and three opposed. YES 5 X X X X X NO 3 X X X V.J.3. Tricia Kay Crabtree LP (Olson) Crabtree was present and available for questions. Link moved, Johnson seconded, and it was unanimously carried, upon meeting all requirements, to issue a temporary license for refresher course only. Upon successful completion of the refresher course, grant licensure. V.J.4. Janet E. Dunker RN (Olson) (aka: Janet Haston Dunker) Dunker was present and addressed the Board. Scott moved, seconded, to issue an Interim Order for a psychological evaluation, to include an anger management evaluation, to be completed by a Board approved psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order. The motion carried with six in favor and two opposed. YES 6 X X X X X X NO 2 X X V.N.9. Tiffany De la Pena RN (Schettler) DelaPena was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to offer a Consent Agreement for a $250 Civil Penalty. If not signed within 30 days and payment not received within 60 days, issue Notice of Charges. V.N.10. Melissa Riccoboni RN (Schettler) Link moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for taking a photograph of another nurse and patient while working for American Mobile Registry and assigned at St. Joseph s Hospital and Medical Center in Phoenix, Arizona. AzBN September 2009 Board Meeting 9

10 V.P.6. Amanda Jain Mossman-Bonnette RN (Twigg) Twigg addressed the Board with additional information. Mossman-Bonnett was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to continue the investigation to the November 2009 Board meeting. V.P.1. Sunshine Chadwick RN119575; LP033382; CNA (Twigg) (aka: Heath; Teck) Twigg addressed the Board with additional information. Busby moved, Johnson seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12 months probation to include stipulations for a nurse ethics course to be completed within the first 3 months of the probationary period, notification of practice settings, quarterly performance evaluations, direct supervision, no registry/travel pool, and night shift prohibited. If not signed issue Notice of Charge. V.P.2. Janetrose DeMarino LP (Twigg) (aka: Boettner) Johnson moved, seconded, to issue a Letter of Concern for using language and a tone of voice that is perceived as being bossy, intimidating, grouchy, argumentative, and opinionated by co-workers and residents, while working at Manor Care Health Services and Devon Gables Health Care Center in Tucson, Arizona. After discussion the motion failed with seven opposed and one in favor. Busby moved, Link seconded, and it was unanimously carried to dismiss the complaint. V.P.3. Yvonne M. Escobar RN117967; LP (Twigg) Twigg addressed the Board with additional information. Busby moved, Perry seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. V.P.4. Melinda Kay Garza LP (Twigg) (aka: Melina Kay Salas) An attempt was made to contact Respondent telephonically. Twigg addressed the Board with additional information. Busby moved, Johnson seconded, and it was unanimously carried, for complaint #1, dismiss the complaint. Busby moved, Scott seconded, and it was unanimously carried, for complaint #2, to issue a Letter of Concern for an arrest for domestic violence/disorderly conduct and domestic violence/criminal damage on December 30, 3008, in Douglas, Arizona. AzBN September 2009 Board Meeting 10

11 Busby moved, Link seconded, and it was unanimously carried, for complaint #3, to continue to the November 2009 Board meeting to allow for further investigation. V.P.7. Sarah Rebecca Robinson LP (Twigg) Twigg addressed the Board with additional information. Busby moved, Scott seconded, and after discussion it was unanimously carried, to issue an Interim Order for an addiction evaluation, to be completed by a Board approved addictionologist (physician), and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order. V.C.11. Laura Jeanne Mundell CNA Exam (Curatola) Mundell was present and addressed the Board. Scott moved, Johnson seconded, and it was unanimously carried to continue the investigation to allow applicant the opportunity to obtain a psychological evaluation, to be completed by a Board approved evaluator, to be scheduled and completed within 45 days and then return to the Board. If the evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification. The meeting recessed at 12:03 p.m. and reconvened at 1:01 p.m. II.A. Administrative Law Judge Recommendations II.A.1. Louise Speers RN Zack The proceeding began at 1:03 p.m. with the following Board members present: and. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Nina Zimmerman, Assistant Attorney General, represented the State. Zimmerman addressed the Board. Attorney Teressa Sanzio was present and addressed the Board. Busby returned to the meeting at 1:24 p.m. Based upon the hearing transcripts, the Administrative Law Judge s Findings of Fact, Conclusions of Law, Recommendation, and the information presented at this meeting, the Board members agreed that disciplinary action should be considered in this matter. AzBN September 2009 Board Meeting 11

12 Johnson moved, Scott seconded, to accept as Findings of Fact the allegations contained in Paragraphs 1 through 37, and Conclusions of Law the alleged violations in Paragraphs 1 through 14. The motion carried with seven in favor and one abstained. Johnson moved, Scott seconded, to accept the Administrative Law Judge s recommended Order for a $250 Civil Penalty to be paid within 10 days of the Final Order issued. The motion carried with six in favor, one opposed and one abstained. YES 6 X X X X X X NO 1 X ABSTAIN 1 X II.A.2. Anna Tyson LP Zack The proceeding began at 1:47 p.m. with the following Board members present: and Busby. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Nina Zimmerman, Assistant Attorney General, represented the State. Zimmerman addressed the Board. Tyson was not present and was not represented by legal counsel. Based upon the hearing transcripts, the Administrative Law Judge s Findings of Fact, Conclusions of Law, Recommendation, and the information presented at this meeting, the Board members agreed that disciplinary action should be considered in this matter. Johnson moved, Scott seconded, and it was unanimously carried to accept as Findings of Fact the allegations contained in Paragraphs 1 through 48, and Conclusions of Law the alleged violations in Paragraphs 1 through 10. Perry moved, Johnson seconded, and it was unanimously carried to accept the Administrative Law Judge s recommended Order for revocation of practical nurse license No. LP issued to Anna Tyson. II.G. Hearing Department Investigative Reports II.G.2. Bryan Allen RN Hargraves The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. AzBN September 2009 Board Meeting 12

13 Attorney Teressa Sanzio was present and addressed the Board. Foster addressed the Board with additional information. Scott moved, Link seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, issue an Interim Order for a re-evaluation to focus on substance abuse and anger management to be completed by a Board approved psychologist. If not scheduled within fifteen days and completed within forty-five days, issue Complaint and Notice of Hearing. VI. Board Reports for Discussion, Information, Staff Direction and/or Decision VI.A. Executive Directors Report Ridenour VI.A.12. Response Regarding Investigative Cases Opened Prior to 2009 & Board Direction Smith summarized a response letter sent to attorney Teressa Sanzio with copies to Board members. Smith stated that all 2007 cases were on this Board Agenda, which predated Sanzio s letter. Regarding additional cases from the list provided by Sanzio, one case was brought before the Board in May 2008 with a Board decision and is now in the hearing department; the additional seven cases in question were pending additional documents. Smith stated they would be on the November 2009 Board Agenda assuming that all documents were received by Board staff. Smith further stated that some cases were not yet brought to the Board because Sanzio declined staff interview of the respondent. Smith also stated, in response to the letter received by Sanzio that the Board s assistant attorney generals would respond to some of the citations. Sanzio addressed the Board with further explanation of her concerns about information given to the public by Board staff when a phone inquiry is made. Sanzio stated that the reason given for the complaint was not descriptive and might cause problems for respondents in obtaining employment. Assistant attorney general Nina Zimmerman stated that information provided to the public when calls are made to the Board, stated by Sanzio at this meeting, was not part of the letter being discussed at this meeting and therefore not part of the discussion agendized. Malloch stated, in efforts to bring cases before the Board within 6 months or less, the Board and staff would follow up on what was agreed to and continue to work together to bring cases through the system in a timely manner. Ridenour stated that the requirements set forth in a 2002 audit of the Board, regarding a public records request, if someone asks about a complaint, staff are required to give a general category for the complaint. The complaint is the first portion that is provided for access to the public. When the Board looks at a complaint and decides there is probable cause, the complaint is released as an investigation. II.B. Consent Agenda - Motion to Deem Allegations Admitted for Failure to Respond to Complaint and Notice of Hearing & Recommended Discipline AGENA # Respondent Name Lic/Cert # Board Resolution Legal Staff II.B.1. Traci Lynn Duff CNA Revocation Zimmerman II.B.2. Pamela Ann Molyneaux RN Revocation Zimmerman The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Nina Zimmerman, Assistant Attorney General, represented the State. AzBN September 2009 Board Meeting 13

14 The above listed were not present and were not represented by legal counsel. Busby moved, Johnson seconded, and it was unanimously carried to grant the State s Motion to Deem Allegations Admitted. Busby moved, Link seconded, and it was unanimously carried to accept the Factual Allegations and the Alleged Violations from the Complaint and Notice of Hearing as Findings of Fact and Conclusions of Law. Busby moved, Perry seconded, and it was unanimously carried to accept the State s recommended discipline. II.D. Consent Agenda Motion to Deem Allegations Admitted for Failure to Respond to Notice of Charges & Recommended Discipline AGENA Respondent Name Lic/Cert # Board Legal Staff Resolution II.D.1. Winnie Jackson Bartling RN Revocation Zimmerman II.D.2. Jonathan William Crittenden CNA Revocation Zimmerman II.D.3. Luis G. Mejorado CNA Revocation Zimmerman II.D.5. Oscar Alfredo Santos-Flores CNA Revocation Zimmerman II.D.7. Renee Danison CNA Revocation Zack II.D.8. Daniel De La Garza CNA Revocation Zack II.D.9. Joy E. Dockendorf CNA Revocation Zack II.D.10. Alverta M. Gorman CNA Revocation Zack II.D.12. Kenneth Scott Machado RN Revocation Zack II.D.14. Dolores A. McCloskey LP Revocation Zack II.D.15. Bobbie Anne Shelton RN Revocation Zack II.D.16. Theodore O. Taylor LP Revocation Zack II.D.17. David Orville Ward LP Revocation Zack The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Nina Zimmerman, Assistant Attorney General, represented the State. Zimmerman addressed the Board. The above listed license/certificate holders were not present and were not represented by legal counsel. Busby moved, Scott seconded, and it was unanimously carried to grant the State s Motion to Deem Allegations Admitted. Busby moved, Johnson seconded, and it was unanimously carried to accept the Factual Allegations as Findings of Fact and Alleged Violations as Conclusions of Law from the Notice of Charges. AzBN September 2009 Board Meeting 14

15 Busby moved, Scott seconded, and it was unanimously carried to accept the State s recommended discipline for Agenda Items II.D.1-3, 5, and II.D.4. Kimberly L. Petraglia RN Zimmerman The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Nina Zimmerman, Assistant Attorney General, represented the State. Zimmerman addressed the Board. Petraglia was present telephonically and addressed the Board. Busby moved, Johnson seconded, and it was unanimously carried to grant the State s Motion to Deem Busby moved, Johnson seconded, and it was unanimously carried to accept the Factual Allegations as Findings of Fact and Alleged Violations as Conclusions of Law from the Notice of Charges. Busby moved, Scott seconded, and it was unanimously carried to accept the State s recommended discipline for revocation of professional registered license #RN issued to Kimberly L. Petraglia. II.D.6. Shirley Thornton Williams LP Zimmerman The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Nina Zimmerman, Assistant Attorney General, represented the State. Williams was present and addressed the Board. Zimmerman addressed the Board. Busby moved, Johnson seconded, and it was unanimously carried to grant the State s Motion to Deem Busby moved, Johnson seconded, and it was unanimously carried to accept the Factual Allegations as Findings of Fact and Alleged Violations as Conclusions of Law from the Notice of Charges. Busby moved, Scott seconded, and it was unanimously carried to accept the State s recommended discipline for revocation of practical nurse license number LP issued to Shirley Thornton Williams. AzBN September 2009 Board Meeting 15

16 II.E. Request for Rehearing or Review of Board Decision II.E.1. Barbara J. Pfeil-Doherty LP Zack The proceeding began at 2:37 p.m., with the following Board members present: and Busby. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Nina Zimmerman, Assistant Attorney General, represented the State. Pfiel-Doherty was present and addressed the Board. Zimmerman addressed the Board. Busby moved, Johnson seconded, and it was unanimously carried to deny request for rehearing/reconsideration. II.E.2. Khoor Lukuach Malual CNA Zimmerman (aka: Santino Knol Nhial) The proceeding began at 2:44 p.m., with the following Board members present: and Busby. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Nina Zimmerman, Assistant Attorney General, represented the State. Malual was present and addressed the Board. Zimmerman addressed the Board. Johnson moved, seconded, and it was unanimously carried to deny request for rehearing/reconsideration. II.E.3. Nancy Marie Richie LP Hargraves The proceeding began at 2:50 p.m., with the following Board members present: and Busby. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Seth Hargraves, Assistant Attorney General, represented the State. Richie was present and addressed the Board. Hargraves addressed the Board. Busby moved, Berrigan seconded, and after discussion it was unanimously carried to deny request for rehearing/reconsideration. AzBN September 2009 Board Meeting 16

17 The meeting recessed at 2:57 p.m. and reconvened at 3:14 p.m. VI.A. Executive Directors Report Ridenour VI.A.2. Update on 2009 Legislative Session & Legislative Agenda for 2010 Greg Harris Harris offered an update on the implementation of some of the issues regarding the legislature s adoption of the re-write of the Nurse Practice Act. Harris noted there was a meeting scheduled for September 29, 2009 to work on the next steps of the Med Tech Pilot program. Harris stated there would be continued discussions with the CRNA group about whether changes in the Nurse Practice Act are appropriate, and to close gaps that may have been identified in the code. Harris stated that due to this year s difficult legislative session, and expectations of next year being at least a difficult, diligence would be needed in terms of making certain both the need for legislation, and sponsor s support could provide compelling reason s for legislation to move forward. Malloch requested more clarification regarding the CRNA issues. Ridenour stated that the rule making that occurred in prescribing, overreached what the Board had the statutory authority to do. Attempts were made this year to remedy that, but language agreement with the CRNA s could not be reached. Malloch requested this topic be placed on the November 2009 Agenda for follow-up. Harris commented on the OBRA federal law that was passed in 1987, regarding the ability of the states ability to impose a licensing fee for CNA s. Harris stated that nurses are bearing the brunt of the CNA program, which is creating issues for the Board. Consideration should be made at the federal level about how to deal with the prohibition that affects Arizona and other states. Harris stated that it would possibly take a coalition of interested states to work toward a common solution for removing the moratorium set in Apple commented that the State Boards of Nursing went forward in the late 1980 s, as a result of the nursing home care reform act recognizing that the practice of a CNA was the practice of nursing. If a Board of Nursing was charged with regulating the practice of nursing, it legitimately fell within the purview of a Board of Nursing. The complicating factor has always been the confluence with the federal regulations. Apple reported that NCSBN Directors had sent a letter to Obama relating some items of interest that the Board wanted to express in terms of its relationship to all the work of healthcare reform. It included some language for consideration, re-looking at the federal laws related to nursing assistants. Apple felt it is legitimate to have dialogue about whether State Boards should continue to be in the business of what they do, based on the 1987 OBRA law. Apple stated that the reason Boards of Nursing continue to regulate nursing assistants, is that it protects the public better than the federal law. Apple indicated there are a number of Boards of Nursing who have an interest in regulating nursing assistants but question if they can afford the resources needed to do a good job. V. RN/LPN/CNA Investigative Reports V.L.10. Guadalupe Elizabeth Woodson RN032589; AP0857 (Rappoport) (aka: Beck) Link knows Woodson but shows no bias. An attempt was made to contact Respondent telephonically and a message was left that the Board would move ahead with the case. Rappoport addressed the Board with additional information. Link moved, Scott seconded, and it was unanimously carried to dismiss the complaint. VI. VI.B. Board Reports for Discussion, Information, Staff Direction and/or Decision Educational Reports and Rules Randolph AzBN September 2009 Board Meeting 17

18 VI.B.1. Nurse Assistant Programs Approvals (List available in Board office) Perry moved, Scott seconded, and it was unanimously carried to adopt the Nurse Assistant Program Survey Recommendation for 2 year approval for new and renewal programs. VI.B.2. Fortis College Application for Provisional Approval Judith Hightower was present and available for questions. Link knows Hightower but shows no bias. Busby moved, Johnson seconded, and it was unanimously carried to grant provisional approval with a report 12 months after the admission of students followed by a site visit. The report shall contain information regarding the differences between program implementation plan and actual implementation, and one year results of the program evaluation plan. VI.B.3. SEVEN Healthcare Academy RN and PN Refresher Program Renewal Busby moved, Link seconded, and it was unanimously carried to renew the approval of SEVEN Academy RN and PN Refresher Programs. VI.B.4. Pima Community College CTD RN Refresher Program Renewal Link moved, Berrigan seconded, and it was unanimously carried to renew the approval of the Pima Community College CTD RN Refresher Program. VI.B.5. Pima Community College CTD PN Refresher Program Initial Approval Link moved, Scott seconded, and it was unanimously carried to grant approval of the Pima Community College CTD PN Refresher Program. VI.B.6. Eastern Arizona College Remedy of Potential Deficiencies Johnson moved, seconded, and it was unanimously carried to approve the program for a period of 3 years. VI.B.7. Coconino Community College Resolution of Deficiencies Busby moved, Scott seconded, and it was unanimously carried to remove the deficiency notice status from the program s provisional approval. VI.B.8. NCLEX Quarterly Reports 2009, Quarter 2 NCLEX quarterly reports 2009, Quarter 2, were provided to the Board. VI.B.9. Brookline College Consent Agreement Busby moved, Scott seconded, and it was unanimously carried to offer the proposed Consent Agreement and replace the deficiency status with admissions closed per Board Order in its place upon signing of the Consent Agreement. II.F. Motion to Rescind Prior Board Decision to Consider Alternative Action II.F.1. Rowena Aquino Faulkner RN Zimmerman (aka: Aquino; Patay; Raquiza) The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General, available telephonically. Nina Zimmerman, Assistant Attorney General, represented the State. Faulkner was not present and was not represented by legal counsel. Zimmerman addressed the Board. AzBN September 2009 Board Meeting 18

19 Busby moved, Link seconded, and it was unanimously carried to rescind prior Board decision, and accept the signed Consent Agreement for 36 months stayed revocation probation to include the attached stipulations II.F.2. Victoria Lee Martinez RN Zimmerman The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General, available telephonically. Nina Zimmerman, Assistant Attorney General, represented the State. Martinez was not present and was not represented by legal counsel. Zimmerman addressed the Board. Johnson moved, Scott seconded, and it was unanimously carried to rescind prior Board decision, and accept the signed Consent Agreement for a stayed revocation/indefinite suspension pending an evaluation and documentation from a primary care provider and neurologist or psychiatrist with expertise in addiction that respondent is safe to practice nursing and comply with any treatment recommended, followed by 36 months standard probation with terms and conditions. II.F.3. April Lynn Cobia RN Hargraves The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General, available telephonically. Seth Hargraves, Assistant Attorney General, represented the State. Cobia was not present and was not represented by legal counsel. Hargraves addressed the Board. Busby moved, seconded, and it was unanimously carried to rescind prior Board decision, and adopt the signed Consent Agreement for 12 months probation with attached stipulations. II.F.4. Naomi A. Contreras RN Hargraves The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General, available telephonically. Seth Hargraves, Assistant Attorney General, represented the State. AzBN September 2009 Board Meeting 19

20 Contreras was not present and was not represented by legal counsel. Foster addressed the Board. Busby moved, Perry seconded, and it was unanimously carried to adopt the signed Consent Agreement for a $250 Civil Penalty. II.F.5. Sheila A. Bennett RN Zack The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General, available telephonically. Kim Zimmerman, Assistant Attorney General, represented the State. Zimmerman addressed the Board. Bennett was present telephonically and addressed the Board. Busby moved, Scott seconded, and after discussion it was unanimously carried to affirm the prior Board decision and deny the request to rescind voluntary surrender of license. II.G.1. Francesca G. Agnes CNA Applicant Zack The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General, available telephonically. Agnes was not present and was not represented by legal counsel. Foster addressed the Board. Busby moved, Perry seconded, and it was unanimously carried to rescind prior Board decision, and continue the investigation to allow respondent to successfully complete the manual portion of the CNA exam. II.G. Hearing Department Investigative Reports II.G.3. Cody Lee Halford RN Zimmerman The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General, available telephonically. Halford was not present and was not represented by legal counsel. Foster addressed the Board. AzBN September 2009 Board Meeting 20

21 Busby moved, Perry seconded, and it was unanimously carried to rescind prior Board decision and, based on the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for a $250 Civil Penalty. After discussion, Busby moved, Perry seconded, and it was unanimously carried to reopen Agenda Item II.G.3. Busby moved, Perry seconded, and it was unanimously carried amend prior Board decision and include: If not signed within 30 days and payment not received within 60 days, issue Complaint and Notice of Hearing. II.I. Review & Decision on Compliance with Motion to Deem Board Orders II.I.1. Carie Lynn Kirkpatrick RN Zimmerman The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General, available telephonically. Kim Zimmerman, Assistant Attorney General, represented the State. Zimmerman addressed the Board. Kirkpatrick was present and available for questions. Busby moved, Perry seconded, and it was unanimously carried to issue a Compliance Order for 12 months probation to include the attached stipulations V. RN/LPN/CNA Investigative Reports V.I.4. Sheryl A. McGeary RN (S. Nelson) McGeary was present and addressed the Board. Johnson moved, Berrigan seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 24 months probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. AzBN September 2009 Board Meeting 21

22 V.I.5. Dena Marie Monehen LP (S. Nelson) Monehen was present and addressed the Board. Scott moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for medication errors made and for failing to follow policy when verifying liquid narcotic medications while working at Avalon Shadow Mountain in Scottsdale, Arizona. V.I.11. Angela Pietraszewski RN (S. Nelson) Pietraszewski was present and addressed the Board. Scott moved, seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for an indefinite suspension pending the completion of psychiatric evaluation by a Board approved psychiatrist and to include any additional testing deemed necessary by the evaluator, and return to the Board. If not signed within 30 days, issue Notice of Charges. V.J.7. Christina M. Hancock RN Endorsement (Olson) (aka: Barrett; Leroux) Hancock was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to grant licensure upon meeting all requirements and issue a Letter of Concern for the March 21, 2001 conviction pursuant to a guilty plea of receiving stolen property, a felony of the 5 th degree in Huron County Court of Common Pleas, in Huron County, Ohio, which was the subject of the stayed suspension of her Ohio RN license in 2006 and V.N.5. Elaine Margaret Bridgewater RN103649; LP (Schettler) Bridgewater was present and available for questions. Johnson moved, Scott seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for an indefinite suspension pending the successful completion of treatment or further recommendations resulting from the evaluation on August 13, 2009, by Jacquelyn St. Germaine, PhD, with the attached stipulations; followed by 36 months probation to include the attached stipulations, or hearing. If not signed within 30 days, issue Notice of Charges. V.B.8. Michelle Polikoff RN (Bymers) Polikoff was present and addressed the Board. Busby moved, Scott seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12 months probation with the attached stipulations amended with include: performance evaluations one time per month for first six months and quarterly thereafter. If not signed within 30 days, issue Notice of Charges. AzBN September 2009 Board Meeting 22