Registered Nurse License No

Transcription

1 BEFORE THE BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter ofthe Accusation Against: GIL R. LEIGHTY Case No. 01- A.K.A. GIL REED LEIGHTY West Monroe #0 OAH No. 00 Phoenix, AZ 00. Registered Nurse License No. Respondent DECISION AND ORDER The attached Stipulated Settlement and Disciplinary Order for Public Reproval 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 June, 01. IT IS SO ORDERED May, 01. Raymond Mallei, President Board of Registered Nursing Department of Consumer Affairs State of California

2 1 KAMALA D. HARRIS Attorney General of California LINDA K. SCHNEIDER Supervising Deputy Attorney General KAREN L. GORDON Deputy Attorney General State Bar No.. 1 West ''A" Street, Suite 10 San Diego, CA 1 01 P.O. Box San Diego, CA - Telephone; (1) -0 Facsimile: (1) -01 Attorneysfor.Complainant BEFORE THE BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter ofthe Accusation Against: GIL R. LEIGHTY,. AKA GIL REED LEIGHTY Promontory Drive East Newport Beach, CA 0 Registered Nurse License No. ~1. ' Respondent. Case No. 01- OAH No. 00 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER FOR PUBLIC REPROVAL. [Bus. & Prof. Code ] In the interest of a prompt and spe~dy settlement ofthis matter, consistent with the public. interest and the responsibility ofthe Board ofregistered Nursing ofthe Department of Consumer Affairs, the parties hereby agree to the following Stipulated Settlement and Disciplinary Order for Public Reproval which will be submitted to the Board for approval and adoption as the final... disposi~ion of the Accusation. PARTIES 1. Louise R. Bailey, M.Ed., R.N. (Complainant) is the Executive Officer of the Board of Registered Nursing. She brought this action solely it?- her official capacity and is represented in 1 STIPULATED SETTLEMENT (01-)

3 this matter by Kamala D. Harris, Attorney General of the State of California, ~y Karen L. Gordon, Deputy Attorney General.. Gil R. Leighty aka Gil Reed Leighty (Respondent) is represented in this proceeding by attorney Mary Work, whose address is: 1 Park View Avenue, Suite 0, Manhattan Beach, CA 0.. On or about June 0,, the Board ofregistered Nmsing issued Registered Nurse License No. to Gil R. Leighty aka Gil Reed Leighty (Respondent). The Registered Nurse License was in full force and effect at all times relevant to the charges brought in Accusation No. 01- and will expire on July,1, ~01, unless renewed. JURISDICTION. Accusation No. 01-was filed before the Board ofr~gistered Nursing (Board), Department of Consumer Affairs, and is currently pending again~t Respondent. The Accusation and all other statutorily required documents were properly served on Respondent on August 1, 01. Respondent timely filed his Notice of Defense contesting the Accu~ation. A ~opy ~f Accusation No. 01- is attached as Exhibit A and incorporated herein by reference. ADVISEMENT AND WAIVERS. Respondent has carefully read, fully discussed with counsel, and understands the charges and allegations in Accusation No Respondent has also carefully read, fully discussed with counsel, and understands the effects ofthis Stipulated Settlement and Disciplinary Order for Public Reproval... Respondent is fully aware of his legal rights in this.matter, including the right to a hearing on the charges and allegations in the Accusation; the right to confront and cross-examine the witnesses against him; the right to present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel the attendance Of witnesses and the production of documents; the right to reconsideration and court review of an adverse decision; and all other rights accorded by the California Administrative Procedure Act and other applicable laws.. Respondent voluntarily, knowingly, and intelligently waives and gives up each and every right set forth above. STIPULATED SETTLEMENT (01-)

4 r CULPABILITY. Respo~dent admits the truth ofeach and every charge and allegation in Accusation No Respondent agre~s that his Registered Nurse License is ~ubject to discipline and he agrees to be bound by the Board of Registered Nursing (Board)'s disciplinary terms asset forth in the Disciplinary Order below. ' CONTINGENCY. This stipulation shall be subject to approval by the Board ofregistered Nursing. ' Respondent under~tands 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 his counsel. By signing the stipulation, Respondent Understands and agrees that he may not withdraw his agreement or seek tq rescind the stipulation prior to the time the _Board considers and acts upon it. Ifthe Board fails to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary Order for Public Repro val 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 matt~r,. The parties understand and agree that facsimile copies ofthis Stipulated Settlement and Discipiimtcy Order f~r Public Reproval, including facsimile signatures thereto~ shall have the same force and effect as the originals. 1. This Stipulated Settlement and Disciplinary Order for Public Reproval is intended by the parties to be an integrated writing representing the complete, final, and exclusive embodiment ' of their agreement. It supersedes any and all prior or contemporaneous agreements, understandings, discussions, negotiations, and commitments (written or oral). This Stipulated,, ' Settlement and 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. ' STIPULATED SETTLEMENT (01-)

5 In consideration ofthe foresoing admissiqns &nd stipulations, the parties agree that 1i :. 1 1' 1. zo 1 the Board may, without fhrther notice or formal. proceeding, issue< and enter the following Disciplinary Order: 'DISCIPLINARY ORDER IT ls HEREBY ORDERED ~hat Registered Nurse Lic~nse No. '. issued to Respondent Gil R. Leighty aka. Gjl Re~ Leighty (Respondent) shall, byway ofletter.from the Board's Executive. Officer, be pubticlyreptov.ed. The letter shall b in the same fom'l ~ the1 ttt::.\" attached as Exhibit B to this stipulation. lt IS FURTHER ORDERED that Respqnde.nt Shall pay $,~00 to the Bo~rdfor its costs. associated with the Investigation and enfbrcem~nt of this. matter. Respondent shall be p~rmi:tt~d to pay these CO$ts in a. payment plan aw.roved by the.:board, IfRespondent fails to pay the Board costs as o:rd~red, R,esportdent.~halLn~t \:>~ allo),yed.tq :ten~w fw; Relist~re:d Nws elic;et1'se until. Respondei:lt~iiys c.ps.tsin full. :;ACCEPtANCE I have carefully rea~ tl:).e. a:gove. ~~ipubueo Se~:leme.nt and Di~c.iplip.ary Orqe,r. for Public Reproval and have. fu.llydiscus.sed.it '\vith :my attorney, Miry Work. J. up.derstand. the.stipulation. and the effect it will have.on,my.registered :N.urse License~ I enter ~ntq this S~~ul~ted Sett~~l!).etit and :Disciplinary Order for Pub1ic:R<;:ptov~.l wltuitatily. k.i:iowi'tlgly; <$d intelligently; and.agree- to.. be bound by tbe:decision and Or~ei" of the Board of Registered Nursipg.. Res.pondent. STl:PU~TED SE;D'LEMENT (0 \-S)

6 1 APPROVAL i have read and fully discussed with Respo~dent Gil Leighty the terms and conditions anc1 other matters cqntained in the above Stipulated Settlement and Disciplinary Order for Public Reptoval..I approve its form and content. DATED: ;)I "1 I I -::? r r 1 ENDORSEMENT The fotegojp.g Stipulated Settlement and Dis.cipl.fua,ry Order for Public Reprpval is hereby respectfully submitted for consideration by the Boarcl Of Registered Nursing ofthe Depa.ttn:J.ent of Consumer Affairs, Dated: SD0 0~ 01ll.doc Respectfully submitted, KAMALA D. HA.RRIS Attorney General of California LINDAK: SCHNEIDER Supervi~ing Deputy Attorney General lc~sll~~ ~REN L. GORDON. Deputy Attomey General.Atto.rneysfor Complainant STIPULATED SETTLEMENT (01.-)

7 Exhibit A Accusation No. 01-

8 () ( I \ ) 1 ' 1 KAMALA D. HARRIS Attorney General ofcalifornia ALFREDO TERRAZAS Senior Assistant Attorney General LINDA K. SCHNEIDER Supervising Deputy Attorney General State Bar No. 1 1 West "A" Street, Suite 10 San Diego, CA 1 P.O, Box San Diego, CA - Telephone: (1) -0 Facsimile: (1) -01 Attorneysfor Complainant In the Matter ofthe Accusation Against: BEFORE THE BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA Case.No. ~1-ftp i GIL R. LEIGHTY; AKA GIL REED LEIGHTY Promontory Drive East Newport Beach, CA 0 Registered Nurse License No. Respondent ~ ~ ACCUSATION 1 Complainant alleges: 0 1 PARTIES 1. Louise R. Bailey, M.Ed., RN (Complainant) brings this Accusation solely in her official capacity as the Interim Executive Officer ofthe Board ofregistered Nursing, State of California.. On or about June 0,, the Board ofregistered Nursing issued Registered Nurse License Number to Gil R. Leighty, also known as Gil Reed Leighty (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, 01, unless renewed. Ill 1 Accusation

9 JURISDICTION. This Accusation is brought before the Board ofregistered Nursing (Board), Department of Consumer Affairs, under the authority ofthe following laws. All section references 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 ofa 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, subdivision (b) ofthe Code, the Board may renew an expired license at any time.. Section ofthe Code states: STATUTORY PROVISIONS Each board under the provisions ofthis code shall develop criteria to evaluate' the rehabilitation of a person when: (a) Considering the denial ofa license by the board under Section 0; or (b) Considering suspension or revocation of a 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, 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 of a crime substantially related to the qualifications, functions, and duties ofthe licensee in question, the record ofconviction ofthe crime shall be Accusation

10 1 1 conclusive evidence ofthe fact that the conviction occurred, but only ofthat fact, and the board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree ofdiscipline or to determine if the conviction is substantially related to the qualifications, functions, and duties ofthe licensee in question. As used in this section, "license" includes "certificate," "permit," "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 ofa 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: In 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 000) ofthe Health and Safety Code, or any dangerous drug or dangerous device as defmed in Section 0, or alcoholic beverages, to an extent or in a inanner dangerous or injurious to himself or 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 ofa criminal offense involving the prescription, consumption, or self-administration ofany 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 ofthe conviction is conclusive evidence thereof. Section ofthe Code states: A plea or verdict ofguilty or a conviction following a plea ofnolo contendere made to a charge substantially related to the qualifications, functions and duties of a registered nurse is deemed to be a conviction within the meaning Accusation

11 of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affrrmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section. 'ofthe Penal Code allowing such person to withdraw his or her plea ofguilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. REGULATORY PROVISIONS 1. California Code ofregulations, title 1, section 1, states: A conviction or act shall be considered to be substantially related to the qualifications, functions or duties of a registered nurse ifto a substantial degree it evidenc.es the present or potential unfitness ofa registered nurse to practice in a 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) of Penal Code Section 10. (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. 1. California Code ofregulations, title 1, section 1 statys: Ill (b) When considering the suspension or revocation of a license on the grounds that a registered nurse has been convicted ofa crime, the board, in evaluating the rehabilitation of such person and his/her eligibility for a license will consider the following criteria: (1) Nature and severity of the act(s) or offense(s). () Total criminal record. () The time that has elapsed since commission of the act(s) or offense(s). () Whether the licensee has complied with any terms ofparole, probation, restitution or any other sanctions lawfully imposed against the licensee. () If applicable, evidence of expungement proceedings pursuant to Section. ofthe Penal Code. () Evidence, ifany, ofrehabilitation submitted by the licensee. Accusation

12 I /) I / COST RECOVERY 1. Section 1. ofthe Code provides, in pertinent part, that the Board may request the administrative law judge to direct a licentiate found to have committed a violation or violations ofthe licensing act to paya sum not to exceed the reasonable costs ofthe investigation and enforcement ofthe case. FIRST CAUSE FOR DISCIPLINE (December 0, 0 Criminal Conviction for Driving While Having a BAC Over.0 Percent on August 1, 0) 1. Respondent has subjected his registered nurse license to disciplinary action under Code sections 0 and 1, subdivision (f), in that he was convicted ofa crime that is substantially related to the qualifications, functions, and duties of a registered nurse. The circumstances are as follows: a. On or about December 0, 0, in a criminal proceeding entitled The People ofthe State ofcalifornia v. Gil Reed Leighty, in Orange County Superior Court, Harbor Justice Center, Newport Beach Facility- South, case number SM00, Respondent was convicted on his plea ofguilty to violating Vehicle Code (VC) section 1, subdivision (b), driving with a blood alcohol concentration (BAC) of0.0 percent or more, a misdemeanor. Respondent admitted and the court found true theallegation that Respondent's BAC was.0 percent or more, a sentencing enhancement pursuant to VC section, subdivision (b)(). A charge for violating VC section 1, subdivision (a), driving under the influence of alcohol (DUI), was dismissed pursuant to a plea bargain. b. As a result ofthe conviction, on or about December 0, 0, Respondent was sentenced to three years informal probation and ordered to serve. two days in the Orange County Jail, with credit for two days served. Respondent was also ordered to enroll in and successfully complete a nine-month level First Offender Alcohol Program and pay fmes and fees. c. Thefacts that led to the conviction are that on or about August 1, 0, an Orange County Sheriffs Department Deputy contacted Respondent after observing him Accusation

13 weaving from the second lane to the first lane then back to the third lane on The Street ofthe Golden Lantern in Laguna Niguel, California. During the enforcement stop, the Deputy immediately smelled alcohol coming from inside Respondent's vehicle and noticed Respondent's bloodshot, watery eyes and slurred speech. During questioning, Respondent admitted to drinking three glasses ofwine at Doheny Beach prior to apprehension. The Deputy administered a series of field sobriety tests (FSTs). Respondent also underwent a preliminary alcohol screening (PAS), which registered.0 and. percent BAC in the two succeeding breath tests administered. Based on Respondent's performance in the FSTs and the result ofthe PAS, he was arrested for DUI. At the Aliso Viejo Sub Station, Respondent chose to take a breath test, which registered. and. percent BAC in the two succeeding breath tests administered. SECOND CAUSE FOR DISCIPLINE (Unprofessional Conduct- Use of Alcohol in a Dangerous Manner) 1. Respondent has subjected his registered nurse license to disciplinary action under Code section, subdivision (b), in that on or about August 1, 0, as described in paragraph 1, above, he used alcoholic beverages to an extent or in a manner that was potentially dangerous and injurious to himself, and to others when he operated a motor vehicle while impaired with a significantly high BAC. THIRD CAUSE FOR DISCIPLINE (Unprofessional Conduct- Conviction of an Alcohol Related Criminal Offense). Respondent has subjected his registered nurse license to disciplinary action under Code section, subdivision (c), in that on or about December 0, 0, as described in paragraph 1, above, he was convicted of a criminal offense involving the consumption of alcohol. 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 Gil R. Leighty also known as Gil Reed Leighty; Accusation

14 ( ) 1. Ordering Gil R. Leighty also known as Gil Reed Leighty to pay the Board of Registered Nursing the reasonable costs ofthe investigation and enforcement ofthis case, pursuant to Business and Professions Code section 1.; s. Taking such other and further action as deemed necessary and proper SD00 00.doc Accusation

15 Exhibit B Letter of Public Reproval in Case No. 01-

16 STATE OF CALII=ORN1A STATE ANO CONSUMER SERVICES AGENCY GOVERNOR EDMUND G. BROWN.JA. DEPARTMENT OF CONSUMER AFFAII! Boardof Registered Nursing P 0 Box, Sacramento, CA -0 P (1) -0 I Louise R. Bailey, M.ED., RN, Executive Officer May,01 Gil R. Leighty a.k.a. Gil Reed Leighty West Monroe #0 Phoenix, AZ 00 RE: LETTER OF PUBLIC REPROV AL In the Matter ofthe Accusation Against: Gil R. Leighty a.k.a. Gil Reed Leighty, Registered Nurse License No. Dear Mr. Leighty: On August 1, 01, 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 1(±) and (b) and (c) when you were convicted on December 0, 0 of an alcohol related criminal offense for using alcohol in a dangerous manner when you drove a vehicle while having a blood alcohol content over 0.0%. Taking into consideration that this conduct was a single, isolated event and that you have been licensed by the Board since with no complaints about your professional conduct and no other history of criminal violations, the Board has decided that the charges warrant a public reproval. Accordingly, in resolution of this 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, ~~~~!H. ~ i!n LOUISE R. BAILEY,.., R.N. Executive Officer Board of Registered Nursing Department of Consumer Affairs State of California