BEFORE THE BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA DECISION AND ORDER

Transcription

1 BEFORE THE BOARD OF REGSTERED NURSNG DEPARTMENT OF CONSUMER AFFARS STATE OF CALFORNA n the Matter of the Accusation Against: CHANTELLE RENEE LAFRENERE Case No Avenue of the Arts, #H1 Costa Mesa, CA OAH No. Registered Nurse License No. Respondent DECSON AND ORDER The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Board of Registered Nursing, Department of Consumer Affairs, as its Decision in this matter. This Decision shall become effective on Januarv,. T S SO ORDERED December,. Raymond Mallei, President Board ofregistered Nursing Department of Consumer Affairs State of California

2 1. _ KAMALA D. HARRS Attorney General of California LNDA K. SCHNEDER. Supervising Deputy Attorney General SHERRY 1. LEDAKS Deputy Attorney General State Bar No. 1 1 West "A'' Street, Suite 10 San Diego, CA 1 P.O. Box San Diego, CA 1- Telephone: (1) - Facsimile: (1) -1. Attorneysfor Complainant BEFORE THE BOARD OF REGSTERED NURSNG DEPARTMENT OF CONSUMER AFFAffiS. STATE OF CALFORNA n the Matter ofthe Accusation Against: CHANTELLERENEELAFRENERE 00 Avenue of the Arts# H1 Costa Mesa, CA Registered Nurse License No. Respondent ~ ~ 'f S HEREBY STPULATED AND AGREED by and between the parties to the aboveentitled proceedings that the following matters are true: PARTES 1.. LOUSE R. BALEY, M.ED., RN (Complainant) is the Executive Officer ofthe Board of Registered Nursing. She brought this action solely in her official capacity and is represented in this matter by Kamala D. Harris, Attorl').ey General ofthe State of California, by Sherry L. Ledakis, Deputy Attorney General. Case No. - OAH No. STPULATED SETTLEMENT AND DSCPLNARY ORDER FOR PUBLC REPROVAL [Bus. & Prof. Code ]. Respondent Chantelle Renee Lafreniere (Respondent) is represented in this proceeding by attorney Allan Castillo, whose address is: Alan Castillo, oflaw Office of Barry T... Simons, 0 St. Ann's Drive, Laguna Beach, CA STPULATED SETTLEMENT (-)

3 1. On or about April, 0, the Board ofregistered Nursing issued Registered Nurse License No: _to Chant~lle Renee La:freniere (Resp?ndent). The :R_egistered N'Urse License was in full force and effect at all times relevant to the charges brought in Accusation No., and will expire on July 1,, unless renewed. JURSDCTON. Accusation No. - was filed before the Board ofregistered Nursing (Board),. Department ofconsumer Affairs, and is currently pending against Respondent. The Accusation and all other statutorily required documents were prop~rly served on Respondent on March,. Respondent timely filed her Notice of Defense contesting the Accusation. A copy of Accusation No. - is attached as exhibit A and incorporated herein by reference. 11 ADVSEMENT AND WAVERS. Respondenthas carefully read, fully discussed with counsel; and understands the charges and allegations in Accusation No. -. Respondent has also carefully read, fully 1 discussed with counsel, and.understandsthe effects ofthis Stipulated Settlement and Disciplinary 1 Order for Public Reproval. 1. Respondent is fully aware of her legal rights in this matter, including the right to a 1 hearing on the charges and allegations in the Accusation; the right to confront and cross-examine 1 the witnesses against her; the right to present evidence and to testify on her own behalf; the right. ' 1 to the issuance ofsubpoenas to compel the attendance ofwitnesses and the production of documents; the right to reconsideration and court review ofan adverse decision; and all other 1 rights accorded by the California Administrative Procedure Act and other applicable laws.. Respondent voluntarily, knowingly, and intelligently waives and gives up each and every ~ight set forth above. CULPABLTY No. -. ll ll. Respondent admits the truth of each and every charge and allegation in Acc1:1sation. STPULATED SETTLEMENT (-)

4 i 1. Respondent agrees that her Registered Nurse License is subject to discipline and she ~gre~s to b~ bound1jy the Boar.dofR~gist~r~c1Nur~ing's l)is~;iplin(lry Qrcler below. RESERVATON. The admissions made by Respondent herein are only for the purposes ofthis proceeding, or any other proceedings in which the Board ofregistered Nursing or other professional licensing agency is involved, and shall not be admissible in any other criminal or civil proceeding. CONTNGENCY 11. This stipulation shall be subject to approval by the Board ofregistered Nursing. Respondent understands and agrees that counsel for Complainant and the staff ofthe Board of Registered Nursing may communicate directly with the Board regarding this stipulation. and settlement, without notice to or participation by Respondent or her counsel. By signing the stipulation, Respondent understands and agrees that she may not withdraw her agreement or seek to rescind the stipulation prior to the time the Board considers and acts upon it. fthe Board fails to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary Order for Public Reproval shall be ofno force or effect, except for this paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not be disqualified from further action by having considered this matter.. The parties understand and agree that facsimile copies ofthis Stipulated Settlement and Disciplinary Order for Public Reproval, including facsimile signatures thereto, shall have the same force and effect as the originals.. This Stipulated Settlement arid Disciplinary Order for Public Reproval is intended by the parties to be an integrated writing representing the complete, final, and exclusive embodiment oftheir agreement. t supersedes any and all prior or contemporaneous agreements, understandings, discussions, negotiations, and commitments (written or oral). This Stipulated Settlement anq Disciplinary Order for Public Reproval may not be altered, amended, modified, supplemented, or otherwise changed except by a writing executed by an authorized representative of each ofthe parties. STPULATED SETTLEMENT (-)

5 SEP-1-(WED) 1: P. 00/00.. i i L. l ? , )n consideration ofthe for~going admissions and stipulation~,the parties agree tb,at t11e Board may, without further notice or formal proceeding, issue and enter the following Disciplinary Order: DSCPLNARY O~O'ER lt S HEREBY OROERED that Registered Nurse License No. issued to Respondent Chantcllc Renee La±h::niere (Respondent) sh~ll, by way of letter from the Board's Executive Officer, be publicly reproved. T1e letter shall be in the same form as the letter attached as Exhibit B to this!rtipulntion.!'!"s FURTHER ORDER.E:D Respondent shall pay $1,0.00 to 111r~ Board for its costs associated with the investigation and enforcement ofthis matter. Respondent shall be pcnnitted to pay these costs in a payment plan approved by the Soard. f Respondent.filils to pay the Board costs as ordered, ~espondent shall not be allowed to renew her Registt::rcd Nurse License until 'Respm1dent pays costs in full. ACCEPTANCE 'f have 'iarefully read the above Stip~lated Settlement and Discip,linary Order for Public Reproval and have fully disous~ed i~ with myatto~ney~ Allan Castiii1J. undel's:.tnd the stipulation and the effect it will have on my Registered Nurse License. enter into this stipulated Settlement ~md Disciplinary Order for Public Rcproval voluntarily, knowingly, and intelligently~ and a.f.rtea to be bou11d by the Decision and Order ofthe Board of Registered Nursing. DATED:..ti)lg./1 ;f 1have read and fully discussed with Respondent Chantelle Ren ee Lafreniere the terms and conditions and other matte~ contained in the above Stipulated Settlement and Disciplinary Order for Public Reproval. approv~ its fonri and content.' DA"fED:.~~< ALAN CAST! LLO Attorney for Respondent STPULATED S.lj:TTL~MENT ( )

6 1 1 '!. 11. i j i ENDORSEMENT.. The foregoing Stipulated Settlement and Disciplinary Order for Public Reproval is hereby respectfully submitted for consideration by the Board ofregistered Nursing ofthe Department of Consumer Affairs. / ' Dated:..:::U{H. - Lf) d-0 l d Respectfully submitted, SD0 011.doc '- KAMALAD~ HARRS Attorney General ofcalifornia LNDA K. SCHNEDER Supervising Deputy Attorney General.~.f:JtLEDAKJS. Deputy Attorney General Attorneysfor Complainant STPULATED SETTLEMENT (-)

7 j l l Exhibit A Accusation No. -

8 KAMALA D. HARRS Attorney General of California LNDA K. SCHNEDER Supervising Deputy Attorney General SHERRYL LEDA.:Kis Deputy Attorney General State Bar No. 1 1 West "A" Street, Suite 10 San Diego, CA 1 P.O. Box San Diego, CA 1- Telephone: (1) - Facsimile: (1) -1 Attorneys for Complainant BEFORE THE BOARD OF REGSTERED NURSNG DEPARTMENT OF CONSUMER AFFARS STATE OF CALFORNA n the Matter ofthe Accusation Against: Case No. ~ f)._. &'Zf- CHANTELLE RENEE LAFRENERE Superior Avenue # Newport Beach, CA Registered Nurse License No. Complainant alleges: Respondent. PARTES ACCUSATON 1. Louise R. Bailey, M.Ed., RN (Complainant) brings this Accusation solely in her official capacity as the nterim Executive Officer of the Board of Registered Nursing, Department ofconsumeraffairs.. On or about April, 0, the Board of Registered Nursing issued Registered Nurse License Number to Chantelle Renee Lafreniere (Respondent). The Registered Nurse License was in full force and effect at all times relevant to the charges brought herein and will expire on July 1,, unless renewed..1 Accusation

9 0 1 JURSDCTON. This Accusation is brought before the Board ofregistered Nursing (Board), Department of Consumer Affairs, under the authorityofthe followi:p.g laws. All sectionreferences are to the Business and Professions Code unless otherwise indicated.. Section 0 ofthe Business and Professions Code (Code) provides, in pertinent part, that the Board may discipline any licensee, including a licensee holding a temporary or an inactive license, for any reason provided in Article (commencing with section 0) ofthe Nursing Practice Act.. Section ofthe Code provides, in pertinent part, that the expiration of a license shall not deprive the Board ofjurisdiction to proceed with a disciplinary proceeding against the licensee or to render a decision imposing discipline on the license. Under section 11 (b) ofthe Code, the Board may renew an expired license at any time.. Section ofthe Code states: STATUTORY PROVSONS Each board under the provisions ofthis code shall develop criteria to evaluate the rehabilitation of a person when: (b) Considering suspension or revocation ofa license under Section 0. Each board shall take into account all competent evidence ofrehabilitation furnished by the applicant or licensee.. Section 0 ofthe Code provides, in pertinent part, that a board may suspend or revoke a license on the ground that the licensee has been convicted ofa crime substantially related to the qualifications, functions, or duties ofthe business or profession for which the license was issued.. Section ofthe Code states: Notwithstanding any other provision oflaw, in a proceeding conducted by a board within the department pursuant to law to deny an application for a license or to suspend or revoke a license or otherwise take disciplinary action against a person who holds a license, upon the ground that the applicant or the licensee has been convicted ofa crime substantially related to the qualifications, functions, and duties ofthe licensee in question, the record of conviction ofthe crime shall be conclusive evidence ofthe fact that the conviction occurred, but only ofthat fact, and the board Accusation

10 1 11 may inquire into the circumstances surrounding the commission ofthe crime in order to fix the degree ofdiscipline or to determine ifthe conviction is substantially related to the qualifications, functions, and duties ofthe licensee in question. As used in this section~ "licerise" inclricles"ceiiificate," "pen:llit," "authority," and "registration.". Section 1 ofthe Code states: The board may take disciplinary action against a certified or licensed nurse or deny an application for a certificate or license for any ofthe following: (a) Unprofessional conduct, which includes, but is not limited to, the following: (f) Conviction of a felony or ofany offense substantially related to the qualifications, functions, and duties ofa registered nurse, in which event the record ofthe conviction shall be conclusive evidence thereof Section ofthe Code states: n addition to other acts constituting unprofessional conduct within the meaning ofthis chapter [the Nursing Practice Act], it is unprofessional conduct for a person licensed under this chapter to do any ofthe following: (b) Use any controlled substance as defined in Division (commencing with Section 100) ofthe Health and Safety Code, or any dangerous drug or dangerous device as defined in Section 0, or alcoholic beverages, to an extent or in a manner dangerous or injurious to himselfor herself, any other person, or the public or to the extent that such use impairs his or her ability to conduct with safety to the public the practice authorized by his or her license. (c) Be convicted of a criminal offense involving the prescription, consumption, or self-administration of any ofthe substances described in subdivisions (a) and (b) ofthis section, or the possession of, or falsification ofa record pertaining to, the substances described in subdivision (a) ofthis section, in which event the record of the conviction is conclusive evidence thereof.. REGULATORY PROVSONS 11. California Code of Regulations, title 1, section 1, states: A conviction or act shall be considered to be substantially related to the qualifications, functions or duties ofa registered nurse ifto a substantial degree it evidences the present or potential unfitness ofa registered nurse to practice in a. Accusation

11 () ~ manner consistent with the public health, safety, or welfare. Such convictions or acts shall include but not be limited to the following: (a) Assaultive or abusive conduct including, but not limited to, those violations listed in subdivision (d)_ofpel1a~code Section_1110. (b) Failure to comply with any mandatory reporting requirements. (c) Theft, dishonesty, fraud, or deceit. (d) Any conviction or act subject to an order ofregistration pursuant to Section 0 ofthe Penal Code.. California Code ofregulations, title 1, section 1 states: (b) When ci::msidering'the suspension or revocation ofa license on the grounds that a registered nurse has been convicted ofa crime, the board, in evaluating the rehabilitation ofsuch person and his/her eligibility for a license will consider the following criteria: (1) Nature and severity ofthe act(s) or offense(s). () Total criminal record. () The time that has elapsed since commission ofthe act(s) or offense(s). () Whether the licensee has complied with any terms ofparole, probation, restitution or any other sauctions lawfully imposed against the licensee. () f applicable, evidence ofexpungement proceedings pursuant to Section. of the Penal Code. () Evidence, ifany, ofrehabilitation submitted by the licensee. COST RECOVERY. Section. ofthe Code provides, in pertinent part, that the Board may request the administrativelaw judge to direct a licentiate found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs ofthe investigation and enforcement ofthe case. FRSTCAUSE FOR DSCPLNE (March 1, 11 Criminal Conviction for DU on November, ) 1. Respondent has subjected her license to disciplinary action under sections 0(c) and 1(f) ofthe Code in that Respondent was convicted ofa crime that is substantially Accusation

12 1 related to the qualifications, functions, and duties ofa registered nurse. The circumstances are as follows: J - a; - On or about March 1, 11, in a criminal proceeding entitled People ofthe State ofcalifornia v. Chantelle Renee Lafreniere, in Orange County Superior Court, Harbor Justice Center, case number HM0, Respondent was convicted on her plea of guilty of violating Vehicle Code section, subdivision (b), driving with a blood alcohol level of.0% or more, a misdemeanor. b. As a result ofthe conviction, Respondent was sentenced to serve three years of informal probation, pay fines and penalties, and attend and complete a nine-month Level First Offender Alcohol Program. 11 c. The facts that led to the conviction are that on or about November, at approximately :00 a.m., a Newport Beach Police Department police officer observed Respondent's car make a northbound tum onto a one-way street going the wrong direction. The 1 officer initiated a vehicle stop. There were two occupants inside the vehicle and Respondent was 1 driving. Respondent admitted to the officer that she had had - glasses ofvodka prior to driving. 1 The officer observed that Respondent's eyes were bloodshot, watery and had horizontal 1 nystagmus. As the officer spoke to Respondent outside ofthe vehicle he noted a moderate odor 1 of alcohol emanating from her person. Respondent's speech was slurred and she swayed as she 1 spoke to the officer. The officer administered field sobriety tests which Respondent failed. She was unable to complete simple tasks such as counting and following instructions. Respondent 1 was arrested and transported to the Newport Beach Police Department where a blood test was taken which revealed a blood alcohol content of.1%. SECOND CAUSE FOR DSCPLNE (Unprofessional Conduct- Use ofalcohol in a Dangerous Manner) 1. Respondent has subjected her registered nurse license to disciplinary action under section (b) ofthe Code in that on or about November,, as described in paragraph 1, above, Respondent used alcoholic beverages to an extent or in a Accusation

13 1. U manner that was potentially dangerous and injurious to herself, and to others in that she operated a motor vehicle with a significantly high blood alcohol concentration. -THRD CAUSE FOR DSCPLNE (Unprofessional Conduct- Conviction ofan Alcohol-Related Criminal Offense) 1. Respondent has subjected her registered nurse license to disciplinary action under section, subdivision (c) ofthe Code in that on or about March 1, 11, as described in paragraph 1, above, Respondent was convicted of a criminal offense involving the consumption of alcohol, which constitutes unprofessional conduct. PRAYER WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Board ofregistered Nursing issue a decision: 1. Revoking or suspending Registered Nurse License Number, issued to Chantelle Renee Lafreniere. Ordering Chantelle Renee Lafreniere to pay the Board ofregistered Nursing the reasonable costs ofthe investigation and enforcement ofthis case, pursuant to Business and Professions Code section.;. Taking such other and further action as deemed necessary and proper DATED: SD0 010.doc LOUSE R. BALEY, M.ED., RN nterim Executive Officer Board of Registered Nursing Department of Consumer Affairs State of California Complainant Accusation

14 , ExhibitB. Letter of Public Reproval in Case No; -

15 ----~-~-- STATE OF CA..FORNA STATE AND CONSUMER SERVCES AGENCY GOVEFNOR EDMUND G. Sl=tOWN JR. Board of Registered Nursing P 0 Box, Sacramento, CA -0 DEPARTMENT OF CONSUMER AFFARS P (1) -0 Louise R. Bailey, M.ED., RN, Executive Officer _ December, Chantelle Renee Lafreniere 00 Avenue ofthe Arts, #H1 Costa Mesa, CA RE: LETTER OF PUBLC REPROV AL n the Matter of the Accusation Against: Chantelle Renee Lafreniere, Registered Nurse License No. Dear Ms. Lafreniere: On March,, the Board ofregistered Nursing, Department of Consumer Affairs, State of California, filed an Accusation against your Registered Nurse License. The Accusation alleged that you engaged in unprofessional conduct under Business and Professions Code sections 0(c) and 1( ) in that March 1, 11, you sustained a criminal conviction for driving under the influence of alcohol on November, 1 0. This is a crime substantially related to the qualifications, functions and duties of a registered nurse. The proposed settlement in this case is an Order for Public Reproval and reimbursement ofthe Board's investigation and prosecution costs; which is a downward departure from the Guidelines, for the reasons discussed below. Taking into consideration that your crime occurred more than one and a half years ago, and that you have had no prior or subsequent convictions, it appears to be an isolated incident. You are currently employed at Children's Hospital in Orange County in the Neonatal ntensive Care Unit and have received performance evaluations attesting to your competency and your ability to exceeding expectations in showing compassion and empathy to your infant patients and their families. You have also submitted documentation from parents regarding your caring and responsible nature in caring for their infants. There are other mitigating circumstances in this case that support the determination that you are safe to practice as a registered nurse, therefore the Board has decided that the charges warrant a public reproval. Accordingly, in resolution ofthis matter under the authority provided under Business and Professions Code section, the Board ofregistered Nursing, Department of Consumer Affairs issues this letter of public reproval. Sincerely, ~~~~M. d., 1J LOUSE R. BAL~., R.N. Executive Officer Board of Registered Nursing Department of Consumer Affairs State of California