Arizona State Board of Nursing

Transcription

1 Arizona State Board of Nursing Doug Ducey Joey Ridenour Governor Executive Director Agenda Item VII.A.1.a. Board Meeting Minutes The regular meeting of the Arizona State Board of Nursing convened at 8:06 a.m., Thursday, January 29, 2015, in the Board of Nursing Board Room, Suite 200, 4747 N. 7 th Street, Phoenix, Arizona, with Randy C., CRNA,, presiding. BOARD MEMBERS PRESENT: Randy C., CRNA, Carolyn Jo, RN, MS, FNP-BC, Vice Theresa (Terri), LPN, C-AL, Lori, BS, RN-C, M. Shawn, RN, MS, Jana, LPN, Dr. Melinda, Psych NP, BOARD MEMBERS ABSENT: Kim, RN, BSN, MBA/HCM, NEA-BC, Kathryn L., JD, Leslie, MSN, RN, LEGAL COUNSEL: Elizabeth Campbell, Assistant Attorney General Sophia Van Langen, Assistant Attorney General Sara Selzer, Assistant Attorney General STAFF DIRECTORS: Joey Ridenour, RN, MN, FAAN, Executive Director Valerie Smith, RN, MS, FRE, Associate Director of Investigations Nikki Austin, JD, RN, Associate Director to Monitoring/CANDO/Hearings Judy Bontrager, RN, MN, Associate Director of Operations Pamela Randolph, RN, MSN, Associate Director of Education and Evidence Based Regulation STAFF: Katrina Alberty, Senior Investigator Frederick Arias, Senior Investigator Max Barker, Senior Investigator Frannie Breed, RN, BSN, Education Consultant Stephanie Chambers, RN, MN, Nurse Practice Consultant Janeen Dahn, Ph.D., FNP-C, Nurse Practice Consultant/AP Ronda Doolen, RN, BSN, MSN, Education Program Administrator Diva Galan, JD, Senior Investigator Tamara Greabell, MA, BSN, RN, Nurse Practice Consultant Jan Kerrigan, RN, BSN, Nurse Practice Consultant/CANDO Kristi Hunter, MSN, FNP-C, Nurse Practice Consultant/AP Kathleen Harrington, RN, Nurse Practice Consultant Ruth Kish, RN, MN, Nurse Practice Consultant Jennifer Ingram, Senior Investigator Linda Monas, Senior Investigator Kirk Olson, Senior Investigator Cindy Mand, RN, BSN, Nurse Practice Consultant Michael Pilder, MSN, RN, APHN-BC, Nurse Practice Consultant Michelle Morton, Senior Investigator Daniel Phelan, B.S., M. Adm Senior Investigator Bonnie Richter, MSW, Senior Investigator Naira Kutnerian, Administrative Assistant II AzBN January 2015, Regular Board Meeting Minutes 1

2 I. Call to Order The meeting was called to order at 8:06 a.m., Thursday, January 29, The following Board members were present:,,,, and. presided. welcomed members of the audience, explained the procedure for addressing the Board, and stated the mission of the Board. VI.O.1. Michael Douglas Worley RN (Chambers) Attorney Cody Hall and Michael Worley were present and addressed the Board. moved, seconded, based upon the information in the investigative report, offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. After discussion, the motion failed with four opposed and two in favor. YES 2 X X NO 4 X X X X ABSENT 4 X X X X moved, seconded, to issue a Letter of Concern for beginning to straight catheterize a patient who was sleeping, without the patient s permission and without a physician s order on or about October 26, 2012, while working in the emergency department as a RN at Carondelet St. Mary s Hospital in Tucson, Arizona. The motion carried with four in favor and two opposed. YES 4 X X X X NO 2 X X ABSENT 4 X X X X VI.O.2. Marta Afloarei RN (Chambers) (aka: Ordos) Attorney Ken Baker was present and addressed the Board. Afloarei was present telephonically and available for questions. moved, seconded, and it was unanimously carried to dismiss the complaint. VI.P.3. Aleshia Starr Botta CNA ; RN Endorsement (Galan) Galan addressed the Board with additional information. Attorney David Williams was present and addressed the Board. Botta was present and available for questions. moved, seconded, and it was unanimously carried to continue the investigation to allow Applicant the opportunity to obtain a psychological evaluation, to include a substance abuse evaluation, at no cost to the Board, by a Board approved licensed 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 evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny licensure and issue a Notice of Charges for CNA YES 6 X X X X X X ABSENT 4 X X X X AzBN January 2015, Regular Board Meeting Minutes 2

3 VI.P.1. Kurt Francis Kristiansen RN Endorsement (Galan) Attorney David Derickson was present and addressed the Board. Kristiansen was present and available for questions. moved, seconded, and after discussion it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for the April 21, 2011, misdemeanor criminal Trespass, in Tempe, Arizona, and for his September 10, 2013, DUI in Louisville, Kentucky, for which he was convicted of a misdemeanor DUI on October 6, VI.K.9. Sharilee Ann Biekert RN (Kish) Kish addressed the Board with additional information. Attorney David Derickson was present and addressed the Board. Biekert was present and available for questions. moved, seconded, and after discussion it was unanimously carried to issue a Letter of Concern for using excessive wiping pressure to cleanse Patient A s perineal area on or about November 11-12, 2012, while employed and on duty at Scottsdale Healthcare-Osborn Hospital in Scottsdale, Arizona. YES 6 X X X X X X ABSENT 4 X X X X arrived to the meeting at 8:30 a.m. VI.B.6. Lynn Ann Schucker RN (Monas) (aka: Pavlovich) Attorney Trent Buckallew was present and addressed the Board. Schucker was present and available for questions. moved, seconded, and it was unanimously carried, upon a determination of reasonable cause, based on the facts alleged in the investigative report, and material presented at this Board meeting, and at no cost to the Board, issue an Interim Order for a psychological evaluation, and at no cost to the Board, by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be 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, Notice of Charges and include the factual allegations and alleged violations of statute and rule for failure to comply with the Interim Order. VI.C.3. Tammy June Turney CNA ; RN076812; AP1248 (Richter) (aka: Jenkerson) moved, seconded, and it was unanimously carried, to table Agenda Item VI.C.3. VI.H.5. Alexis Wojcik RN Exam (Olson) Attorney Teressa Sanzio and Wojcik were present and addressed the Board. moved, seconded, and after discussion it was unanimously carried to continue the investigation to allow Applicant the opportunity to obtain a psychological evaluation, to include a substance abuse evaluation, at no cost to the Board, by a Board approved licensed 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 evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny licensure. AzBN January 2015, Regular Board Meeting Minutes 3

4 VI.L.1. Kimberly Michelle Flake RN161783; AP Exam (Dahn) moved, seconded, and it was unanimously carried to table Agenda Item VI.L.1. VI.U.3. Paloma Romero RN (Smith) Attorney Teressa Sanzio was present and addressed the Board. Romero was present telephonically and available for questions. moved, seconded, and it was unanimously carried to issue a Letter of Concern, for removing medication from a patient s home in January, 2012, against the policy of her employer, a Cardia Comfort Pak containing in part, Morphine and furosemide. VI.H.7. Adam Luke Patch RN Exam; CNA Surrendered (Olson) Attorney Kelly McDonald and Patch were present and addressed the Board. moved, seconded, and it was unanimously carried, upon meeting all requirements, grant licensure and issue a Letter of Concern for his 2007 DUI charges. VI.L.2. Nancy Ann Pierce RN119372; AP2192 (Dahn) Dahn addressed the Board with additional information. Pierce was present and available for questions. moved, seconded, and it was unanimously carried, based upon the information in the investigative report, offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. VI.L.3. Gilbert Joseph Montano RN060694; AP2668 (Dahn) moved, seconded, and it was unanimously carried to table Agenda Item VI.L.3. VI.S.21. John Ernest Risi RN Exam (Phelan) Attorney Robert Chelle was present and addressed the Board. Risi was present and available for questions. moved, seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for his June 7, 1997, arrest for possession of marijuana, a misdemeanor. On July 12, 2006, was convicted, Possession of Drug Paraphernalia, a undesignated class 6 felony, and Criminal Trespass in the 1st Degree, a misdemeanor, in the Maricopa County Superior Court, Phoenix, Arizona and on April 5, 2010, his rights were restored, judgment against him has been vacated and charges dismissed and on June 9, 2009, conviction of, DUI, a misdemeanor, in the 4th Judicial District, Ada County, Idaho, which on November 2, 2010, case was dismissed at the successful completion of probation. V.C.3. Joshua David Munoz RN65050 (Sutter/Austin) Austin addressed the Board. Attorney Frank Mead was present and addressed the Board. moved, seconded, and it was unanimously carried to terminate Consent Agreement and Order NO AzBN January 2015, Regular Board Meeting Minutes 4

5 VI.J.4. Darryl Thomas Harriman RN170834/CRNA0766 (Barker) Attorney Steven Perlmutter, Harriman, Victor Dreicer, Staci Kilpatrick, Juan DePaulo, Marguerite McClain and Florence Shankee were present and addressed the Board. moved, seconded, and it was unanimously carried to dismiss the complaint. VI.D.6. Christopher Paul Apodaca RN (Morton) Attorney Flynn Carey and Apodaca were present and addressed the Board. moved, seconded, and it was unanimously carried to issue a Letter of Concern for his September 10, 2013, misdemeanor conviction of driving under the influence in the Oro Valley Magistrate Court, in Oro Valley, Arizona. The meeting recessed at 9:45 a.m. and reconvened at 10:08 a.m. VI.S.31. Sandra Marie McCarty RN (Phelan) (aka: Lubbato) Attorney Lisa Gervase was present and available for questions. moved, seconded, and it was unanimously carried to issue a Letter of Concern for her September 15, 2014, incident in Phoenix, Arizona, for which she was cited for domestic violence/assault, for which police noted no injuries, and which the case was dismissed on October 27, 2014, in Phoenix Municipal Court. VI.E.11. Neale Michael Spender Applicant RN; Applicant AP (Pilder) Pilder addressed the Board with additional information. Attorney Jon Osteen was present and addressed the Board. Spender was present and available for questions. moved, seconded, and after discussion it was unanimously carried, based upon the findings of fact and the statute/rule violations identified in the investigative report, upon meeting all licensure requirements and signing a Consent Agreement for an 18 month stayed suspension during which time the license is placed on probation, amended to remove: $500 civil penalty, grant licensure. Applicant will be eligible to apply for advanced practice certification upon the successful completion of the Consent Agreement. If not signed within 30 days, deny RN licensure and advance practice certification and issue notice of charges against the privilege to practice on Colorado RN license. VI.B.10. Joanne Elizabeth Blasko CNA Re-issuance (Monas) (aka: Rogers) Monas addressed the Board with additional information. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all certification requirements, signing a Consent Agreement for 12 month stayed revocation, grant certification. If not signed within 30 days, deny certification. VI.C.3. Tammy June Turney CNA ; RN076812; AP1248 (Richter) (aka: Jenkerson) moved, seconded, and it was unanimously carried to reopen Agenda Item VI.C.3. Attorney Allen Bickert and Turney were present and addressed the Board. moved, AzBN January 2015, Regular Board Meeting Minutes 5

6 seconded, and after discussion it was unanimously carried, based upon the information in the investigative report, offer a Consent Agreement for 12 month probation, and to include the attached stipulations. If not signed within 30 days, issue Notice of Charges, with amendments to the stipulation sheet to add 12 month counseling with medical evaluator and remove the requirements for Notification of Practice Settings, Quarterly Performance Evaluations, and On-site Supervision. VI.L.3. Gilbert Joseph Montano RN060694; AP2668 (Dahn) moved, seconded, and it was unanimously carried to reopen Agenda Item VI.L.3. Montano was present and addressed the Board. moved, seconded, and it was unanimously carried to dismiss the complaint. IV.D.2. Alyssa Salas RN Endorsement (Bontrager) Salas was present and addressed the Board. moved, seconded, and it was unanimously carried to grant RN licensure that is Valid in AZ only, upon meeting all requirements except the requirement to hold a diploma or degree from an approved registered nursing program. V.B. Non-Compliance/Compliance with Board Orders V.B.1. Alexis Baes Miranda RN (Greabell) moved, seconded, and it was unanimously carried to table Agenda Item V.B.1. V.B.5. Shonna Jean Beard RN (Greabell) Beard was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the information in the investigative report, offer a Consent Agreement for a minimum 12 month probation with terms and conditions to be signed within 30 days. If not signed within thirty days, issue Notice of Charges. V.B.6. Ann Virginia Hoy RN (Greabell) (aka: Ann Hoy Decoster) Hoy was present and addressed the Board. moved, seconded, and after discussion it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No V.B.7. Deena Louise Caldwell RN099838/LP (Greabell) Greabell addressed the Board with additional information. Caldwell was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the information in the investigative report, offer a Consent Agreement for a minimum 12 month stayed revocation/ probation with terms and conditions to be followed by a minimum 12 month standard probation with terms and conditions. If not signed within thirty days, lift the stay of suspension and issue Notice of Charges. The original Consent Agreement and Order remains in effective until matter is resolved. After discussion, amended to remove hair testing from the terms. AzBN January 2015, Regular Board Meeting Minutes 6

7 V.B.8. Kelly Jean Payne LP (Greabell) Payne was present and addressed the Board. moved, seconded, and it was unanimously carried, based on the information in the investigative report, offer a Consent Agreement for a 12 month stayed suspension/probation followed by 24 months standard probation to be signed within 30 days. If not signed within 30 days, issue Complaint and Notice of Hearing. V.C. Non-Compliance/Compliance with Board Orders V.C.1. Debra A Johnson-Swanson RN (Sutter/Austin) Johnson-Swanson was present and addressed the Board. moved, seconded, and it was unanimously carried to allow Respondent to be reverted to standard probation and enter step-down pursuant to paragraph 26, page 18 of Consent Agreement and Order No Respondent s drug testing frequency may be reduced to once per month minimum pursuant to paragraph 9, pages of the Order. V.C.8. Kim Marie Colombo RN (Sutter/Austin) Colombo was present and addressed the Board. moved, seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No , revert Respondent s license status to standard probation, and allow Respondent s drug testing frequency to be reduced pursuant to the terms and conditions of the Order. left the meeting at 11:47 a.m. and returned 11:49 a.m. IX. Dialogue with Nursing Students The Board members and staff dialogued with Gateway Community College, Maricopa Community College and Glendale Community College, nursing students regarding Board functions, policies and procedures. Questions were asked: How often do people get pulled over from drinking Definition of Letter of Concern Definition of Standard Probation and Stayed Revocation. Definition of Decree of Censure Importance of not posting confidential information on any social networking sites Advisement to student by Board members Difference between Arizona Nurse Association and The Board of Nursing The meeting recessed at 12:06 p.m. and reconvened at 1:00 p.m. V.B.1. Alexis Baes Miranda RN (Greabell) moved, seconded, and it was unanimously carried to reopen Agenda Item V.B.1. Greabell addressed the Board with additional information. Miranda was present and addressed the Board. moved, seconded, and it was unanimously carried to terminate Consent Agreement and Order No NUR and issue a Letter of Concern for failing to request a formal review of your Agreement and for non-compliance after you were eligible to request termination of the Order. AzBN January 2015, Regular Board Meeting Minutes 7

8 VI.C.1. Jesus Adan Angulo Rodriguez CNA Endorsement (Richter) Rodriguez was present and addressed the Board. moved, seconded, and after discussion it was unanimously carried, upon meeting all certification requirements, grant certification, and issue the Letter of Concern for his misdemeanor convictions on or about November 2, 2005, in Maricopa County Superior Court, Arizona, for Possession of Marijuana; his February 11, 2005, conviction in El Mirage Municipal Court, Arizona, for Driving Under the Influence; his November 30, 2007, conviction in El Mirage Municipal Court for Disorderly Conduct, and for his March 24, 2010, conviction in Maricopa County Superior Court for Criminal Trespass and Possession of Marijuana. VI.C.4. Shantelle Amber Harker RN (Richter) (aka: Petrullo) Harker was present and addressed the Board. moved, seconded, and after discussion it was unanimously carried, based upon the information in the investigative report, offer a Consent Agreement for 36 month probation, and to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. VI.C.5. Ekaterina Kremleva LP Exam (Richter) Kremleva was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all licensure requirements and signing a Consent Agreement for a 36 month probation, to include the attached stipulations, grant licensure. If not signed within 30 days, deny licensure. VI.C.8. Darius Andre Watkins CNA Exam (Richter) Richter addressed the Board with additional information. Watkins was present and addressed the Board. moved, seconded, and after discussion it was unanimously carried to grant certification upon meeting all requirements, and issue a Letter of Concern for his January 19, 2014, admission of guilt to a charge of Possession of Marijuana, a class six undesignated felony, for which prosecution was suspended to allow him the opportunity to complete the Treatment Assessment and Screening Center (TASC) diversion program, with anticipated completion in January, AzBN January 2015, Regular Board Meeting Minutes 8

9 VI.C.11. Rebecca Marie Zimmerman CNA Exam (Richter) Richter addressed the Board with additional information. Zimmerman was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all certification requirements and signing a Consent Agreement for a Decree of Censure, grant certification. If not signed within 30 days, deny certification. VI.C.12. Devony Lashun Mitchell Blakes CNA Exam (Richter) (aka: Devony Mitchell; Devony Blakes) Richter addressed the Board with additional information. Blakes was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification. VI.C.13. Walter Lopez Garcia CNA Exam (Richter) Garcia was present and addressed the Board. moved, seconded, and it was unanimously carried to grant certification upon meeting all requirements, and issue a Letter of Concern for his September 22, 2006, citation in Nogales, Arizona for Assault, Disorderly Conduct and Criminal Damage with no charges filed; his October 16, 2007, admission of guilt in Nogales Municipal Court, Arizona, for an amended charge of Endangerment, a class one misdemeanor, which was later dismissed following his successful completion of a diversion program, for his June 3, 2008, citation for Assault and Disorderly Conduct in Nogales, Arizona, with no charges filed, and for his September 22, 2009, admission of guilt in Santa Cruz County City Court, Arizona, for Shoplifting, a class one misdemeanor, which was dismissed following his successful completion of a diversion program. VI.D.9. Cassandra Mae Campbell CNA Endorsement (Morton) Morton addressed the Board with additional information. Campbell was present and addressed the Board. moved, seconded, and it was unanimously carried, grant certification upon meeting all requirements, and issue a Letter of Concern for asking a patient s wife for Tylenol for shoulder pain while working as a caregiver with Generations Home Care. left the meeting at 1:50 p.m. and returned at 1:52 p.m. VI.E.3. Jennifer Neal Duckett RN181437; CNA (Pilder) Duckett was present and addressed the Board. moved, seconded, and it was unanimously carried to issue a Letter of Concern for verbally scolding a patient after the patient was incontinent of urine in her bed prior to Respondent arriving with a bedpan, while on duty as a CNA at Haven of Globe, Arizona, on or about September 9, VI.E.8. Jennifer Neinast CNA (Pilder) Neinast was present and addressed the Board. moved, seconded, and it was unanimously carried to issue a Letter of Concern for leaving an assigned patient at home alone while AzBN January 2015, Regular Board Meeting Minutes 9

10 getting lunch in violation of Nurses Network policy, while on duty as a CNA and employed with Nurses Network of Prescott Valley, Arizona, on or about September 6, 2013 and for documenting a shower in the patient s chart as given to a patient that the patient did not receive, while Respondent was on-duty and working as a CNA at Legacy Home Care through the Good Samaritan Society in Prescott, Arizona on or about June 19, VI.G.10. Rebekah Cheri Dietrich RN (Ingram) (aka: Rebekah Garcia, Rebekah Conway) Ingram addressed the Board with additional information. Dietrich was present and available for questions. moved, seconded, and after discussion it was unanimously carried, based upon the information in the investigative report, offer a Consent Agreement for a stayed revocation/suspension not to exceed 12 months, pending the successful completion of the Haven inpatient/residential treatment program and successful completion of at least 6 month of aftercare, to be followed by an 18 month stayed suspension/probation then an 18 month standard probation, and to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. VI.F.5. Robert Laurence Moreno LP Reissuance (Alberty) Alberty addressed the Board with additional information. Moreno was present and available for questions. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, deny re-issuance of licensure. VI.F.12. Christeina Yevette Douglas CNA Exam (Alberty) Douglas was present and addressed the Board. moved, seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all certification requirements and signing a Consent Agreement for a Decree of Censure, grant certification. If not signed within 30 days, deny certification. The motion carried with six in favor and one opposed. YES 6 X X X X X X NO 1 X VII.A.2. Update on Stakeholder Comments Regarding Proposed Recommendations for Financial Stability of Certified Nursing Assistant Program; Review of FY 2014 Data Related to CNA Denials & Issuance of Fingerprint Clearance Cards- Harris/Ridenour/Bontrager Greg Harris updated the Board on the stakeholder input for House Bill The bill will create a Nursing Assistant Registry and establish a fee structure to charge the Nursing Assistants for certification or licensure. Board members commented on what they felt would be lost and the public impact if the Board did not continue to have oversight of CNA s. Harris stated the current system is not working and is not sustainable so we must all take an active role in identifying a solution. Ridenour reported that in FY CNA received orders of denial. The data was analyzed and compared same individuals who also applied at the Fingerprint Board for a fingerprint clearance card. AzBN January 2015, Regular Board Meeting Minutes 10

11 Of the 40 who had applied for Fingerprint Clearance Cards 78% had received a Fingerprint Clearance Card even though denied by the Board of Nursing. Also noted was that CNA s represent 1/3 of the population the Board regulates, but self-reports and complaints make up 50% of the enforcement work load. Comments and input from Long Term Care (LTC) representatives indicates lack of support for the 2 tier system. Skilled nursing facilities employ approximately 42% of the CNA s and the remaining 58% are employed outside of LTC. VII.A.7. Update on the January 31, 2015 NCSBN Meeting: Agenda; Financial Impact Team Report and Proposed Revisions to the Nurse Licensure Compact & the APRN Compact- Ridenour/Harris Greg Harris noted that he will be attending a meeting on January 31, 2015, at the request of Ridenour, to review revisions to the Nurse Licensure Compact and to the Advanced Practice compact. Ridenour expressed appreciation for the assistance Harris is giving to the Board in addressing both the new compact language as well as the House Bill 2196 being proposed. VII.A.3. Status Update on FY 2016 Budget Orchard/Bontrager (Oral Information) Ridenour responded to questions on FY 2016 budget. OSPB has recommended the Board receive additional appropriations from the Board s fund balance. Ridenour also noted that in discussions with JLBC and OSPB, both have acknowledged an understanding of the fiscal impact created when RN/LPN fees are utilized for the CNA program expenditures, since the Federal mandate will not allow agencies to charge fees to the CNA s. VII.A.4. Update on Potential 2015 Legislative Session & Bills Impacting Nursing Regulation Harris Harris stated the current system is not working and is not sustainable so we must all take an active role in identifying a solution. The meeting recessed at 2:47 p.m. and reconvened at 3:02 p.m. VI.S.30. Veronica Mercedes Sanchez RN164407/LP045877/CNA (Phelan) (aka: Veronica M. Valdez) Sanchez was present and addressed the Board. moved, seconded, to issue a Letter of Concern for her DUI arrest on or about September 14, 2014, in McMinnville, Oregon. After discussion the motion carried six in favor and one opposed. YES 6 X X X X X X NO 1 X VI.S.3. Amy Barba CNA Exam (Phelan) Barba was present and available for questions. moved, seconded, and it was unanimously carried to issue a Letter of Concern for her October 1, 2009, arrest for extreme DUI in Eagar, Arizona, and upon meeting all certification requirements, grant certification. After discussion the motion carried with four in favor and three opposed. YES 4 X X X X NO 3 X X X VI.S.4. Jennifer Louise Reinhardt RN Exam, LP (Phelan) AzBN January 2015, Regular Board Meeting Minutes 11

12 Reinhardt was present and available for questions. moved, seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for her October 3, 2011, Reckless Driving in Laughlin, Nevada, a misdemeanor, initially charged as a DUI, for which she was convicted on October 4, 2012, in the Justice Court of Laughlin Township, Clark County, Nevada, and for failing to report these charges to the Board within 10 days. VI.S.16. Eduardo Campos RN Exam (Phelan) Campos was present and addressed the Board. moved, seconded, and it was unanimously carried to continue the investigation to allow Applicant the opportunity to obtain a psychological evaluation, to include a substance abuse evaluation, at no cost to the Board, by a Board approved licensed 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 evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny licensure. VI.S.19. Vanessa Ileana Aldrete CNA Exam (Phelan) (aka: Arce) Aldrete was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all certification requirements and signing a Consent Agreement for a Decree of Censure, grant certification. If not signed within 30 days, deny certification. VI.S.23. Shelly Lee Coleman LP (Phelan) Coleman was present and addressed the Board. moved, seconded, and it was unanimously carried, upon a determination of reasonable cause, based on the facts alleged in the Investigative Report, and material presented at this Board meeting, and at no cost to the Board, issue an Interim Order for a psychological evaluation, to include a substance abuse evaluation, by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be 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 a Notice of Charges and include the factual allegations and alleged violations of statute and rule for failure to comply with the Interim Order. VI.S.27. Cora Gorman LPN Endorsement (Phelan) moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, deny licensure. AzBN January 2015, Regular Board Meeting Minutes 12

13 VI.S.28. Shana Pamela Grant CNA Endorsement (Phelan) Grant was present and addressed the Board. moved, seconded, and it was unanimously carried to continue the investigation to allow Applicant the opportunity to obtain a psychological evaluation, to include an anger management evaluation, at no cost to the Board, by a Board approved licensed 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 evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification. VI.S.10. Sonja J Rust CNA Exam (Phelan) (aka: Stoffel) Rust was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all certification requirements and signing a Consent Agreement for a Decree of Censure, grant certification. If not signed within 30 days, deny certification. VI.N.4. Barbara Benkiser McGrath RN160150; LP (Mand) McGrath was present and addressed the Board. moved, seconded, and it was unanimously carried to issue a Letter of Concern for accessing the confidential medical records of a family member who was also a patient, which was not necessary to perform her job, on January 14 th and 15 th, 2013, while working at Tucson Medical Center in Tucson, Arizona, in violation of facility s confidentiality agreement. VI.U.4. Eileen Clare Shepherd RN (Smith) (aka: Orahilly) Shepherd was present and available for questions. moved, seconded, and it was unanimously carried, based upon the information in the investigative report, offer a Consent Agreement for 36 month probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. VI.G.7. Alejandra Miramontes RN Exam (Ingram) (aka: Alex Miramontes) Miramontes was present and addressed the Board. moved, seconded, and it was unanimously carried to continue the investigation to allow Applicant the opportunity to obtain a AzBN January 2015, Regular Board Meeting Minutes 13

14 psychological evaluation to include a substance use evaluation, at no cost to the Board, to be completed by a Board approved licensed 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 evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny licensure. VI.E.1. Debra Jo Belich CNA (Pilder) (aka: Debra Guoan) moved, seconded, and it was unanimously carried, to issue a Letter of Concern for on or about August 6, 2013, while Respondent was on duty as a CNA at Oasis Pavilion Nursing and Rehabilitation Center, in Casa Grande, Arizona, Respondent pushed Patient A on the shoulder after Patient A called Respondent a derogatory name, which was witnessed by two on-duty staff members. VI.N.2. Denise Michelle Blanks RN (Mand) Blanks was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the information in the investigative report, offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. VI.O.3. Christopher Scott Edwards RN (Chambers) Edwards was present and addressed the Board. moved, seconded, and it was unanimously carried to dismiss the complaint. VI.P.4. Susan Jill Appleton CRNA and RN Endorsement; (Galan) (aka: Jones; Wenck) Galan addressed the Board with additional information. Appleton was present and addressed the Board. moved, seconded, and it was unanimously carried to table Agenda Item VI.P.4. VI.K.6. Shayanne Michel Thurston LP (Kish) Thurston was present and addressed the Board. moved, seconded, and it was unanimously carried to issue a Letter of Concern for administering HPV vaccine to an 11 year old female patient without consent of the minor s parent on October 23, 2013, and for administering outdated MMR vaccine to an adult female on October 28, 2013, both while employed and on duty as a LPN at Pinal County Health Services, Sacaton, Arizona. left at 4:47 p.m. and returned at 4:50 p.m. VI.N.6. Kerry Woods Ray RN080080; LP (Mand) Ray was present and addressed the Board. moved, seconded, on a determination of reasonable cause based on the information in the investigative report (and material presented at this Board meeting), at no cost to the Board, 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 completed with 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule AzBN January 2015, Regular Board Meeting Minutes 14

15 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 failed with four opposed and three in favor. YES 3 X X X NO 4 X X X X moved, seconded, based upon the information in the investigative report, offer a Consent Agreement for a Decree of Censure with a $500 Civil Penalty. If not signed within 30 days or payment received within 60 days, issue a Notice of Charges. After further discussion the motion carried with six in favor and one opposed. YES 6 X X X X X X NO 1 X VI.M.2. Jennifer Suzanne Sorenson RN (Hunter) Hunter addressed the Board with additional information. Sorenson was present and available for questions. moved, seconded, and it was unanimously carried, on a determination of reasonable cause based on the facts alleged in the investigative report (and material presented at this Board meeting), at no cost to the Board, issue an Interim Order for a substance abuse relapse evaluation to be completed by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be completed with 45 days and then return to the Board. If the Interim Order is not completed, based upon the information in the investigative report, issue Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order. VI.N.5. Robert L. Mitchell RN094677; CNA (Mand) Mand addressed the Board with additional information. Mitchell was present and addressed the Board. moved, seconded, and it was unanimously carried, making a finding of reasonable cause, based upon the information in the investigative report and at no cost to the Board, issue an Interim Order for a neuropsychological evaluation to be completed by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be completed with 45 days and then return to the Board. If the Interim Order is not completed, based upon the information in the investigative report, issue Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order. VI.T.1. Kimberly Dawn Hollenback RN (Austin) Austin addressed the Board with additional information. Mona Beckett was present and addressed the Board. Hollenback was present and addressed the Board. moved, seconded, and it was unanimously carried to dismiss the complaint. left the meeting at 5:17 p.m. AzBN January 2015, Regular Board Meeting Minutes 15

16 VI.G.4. Keith E Comer CNA Exam (Ingram) Ingram addressed the Board with additional information. Comer was present and addressed the Board. moved, seconded, and it was unanimously carried to continue the investigation to allow Applicant the opportunity to obtain a psychological evaluation to include a substance use evaluation, at no cost to the Board, to be completed by a Board approved licensed 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 evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification. YES 6 X X X X X X ABSENT 4 X X X X VI.G.8. Brian Keith Muder CNA (Ingram) Muder was present and addressed the Board. moved, seconded, and it was unanimously carried, upon a determination of reasonable cause, based on information in the investigative report, and material presented at this Board meeting, at no cost to the Board, issue an Interim Order for a psychological evaluation to include a substance use evaluation by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the information in the investigative report, issue a Notice of Charges and include the factual allegations and alleged violations of statute and rule for failure to comply with the Interim Order. YES 6 X X X X X X ABSENT 4 X X X X returned to the meeting at 5:30 p.m. VI.H.1. Renae Jane Campbell RN Exam (Olson) (aka: Denny) Campbell was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all licensure requirements and signing Consent Agreement for a Decree of Censure, grant licensure. If not signed within 30 days, deny licensure. VI.H.2. Deborah Jean Tysz RN Reissuance (Olson) (aka: Tabitha Tysz; Debbii Tysz; Deborah Schibi, Deborah Van Skike) Olson addressed the Board with additional information. Tysz was present and addressed the Board. moved, seconded, and it was unanimously carried to continue the investigation to allow Applicant the opportunity to obtain a neuropsychological evaluation, to include a substance abuse evaluation, to be completed by a Board approved licensed psychologist, at no cost to the Board, 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 evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny re-issuance of licensure. The motion was amended to require Applicant to sign release for medical history prior to the evaluation AzBN January 2015, Regular Board Meeting Minutes 16

17 VI.H.4. Michelle Renee Griggs RN (Olson) Olson addressed the Board with additional information. Griggs was present and available for questions. moved, seconded, and after discussions it was unanimously carried to issue a Letter of Concern for her February 24, 2014, conviction, pursuant to a guilty plea, of extreme DUI, a misdemeanor, in Phoenix City Court in Phoenix, Arizona. VI.H.6. John Robert Majewski LP Re-issuance (Olson) Majewski was present and addressed the Board. moved, seconded, and it was unanimously carried to continue the investigation to allow Applicant the opportunity to obtain a psychological evaluation, to include a substance abuse recovery evaluation, at no cost to the Board, by a Board approved licensed 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 evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny re-issuance of licensure. VI.K.1. Ann Catlin Edwards RN (Kish) Edwards was present and addressed the Board. moved, seconded, to dismiss the complaint. After discussion the motion carried four in favor and three opposed. YES 4 X X X X NO 3 X X X VI.J.7. Nicole Jean Rauscher RN (Barker) Rauscher was present and addressed the Board. moved, seconded, and it was unanimously carried to issue a Letter of Concern for her violations of St. Joseph s Hospital polices outlining the protection of patient confidentiality, while employed as a registered nurse at that facility. In or around March 6, 2014, she was found to be in possession of patient photographs that were attached to an addressed to a family member, and found on her personal cellular telephone. VI.N.1. Imo J. Anako RN (Mand) (aka: Imo J Obot) Anako was present and available for questions. moved, seconded, and it was unanimously carried, on a determination of reasonable cause based upon the information in the investigative report (and material presented at this Board meeting), at no cost to the Board, issue an Interim Order for a skills evaluation to be completed by a Board approved nursing skills and competency evaluator, and to include any additional testing deemed necessary by the evaluator, to be completed with 60 days and then return to the Board. If the Interim Order is not completed, based upon the information 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 January 2015, Regular Board Meeting Minutes 17

18 VI.N.3. Sue Ann Higinbotham TRN (Mand) (aka: Luebke; Roupe; Kennedy) Higinbotham was present and addressed the Board. moved, seconded, and it was unanimously carried to dismiss the complaint. VI.O.4. Kandi Gamerdinger RN089868; AP Exam (Chambers) Gamerdinger was present and available for questions. moved, seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all certification requirements and signing a Consent Agreement for a Decree of Censure and to include a $1000 Civil Penalty, issue Advanced Practice Certification. If not signed within 30 days or payment of the civil penalty is not received within 60 days, deny Advanced Practice Certification and issue Notice of Charges. After discussion the motion carried with five in favor and two opposed. YES 5 X X X X X NO 2 X X This case will be refer to the AG s office for review. VI.P.5. Martin Alfonso Moreno CNA ; LPN Exam (Galan) Moreno was present and addressed the Board. moved, seconded, and after discussion amended to include: issue an Interim Order for a comprehensive psychological evaluation, to include a substance abuse evaluation, anger management evaluation, and sexual misconduct evaluation by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, at no cost to the Board, by a Board approved licensed psychologist, to be scheduled and completed within 60 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 licensure and issue Notice of Charges for CNA The motion carried with five in favor and two opposed. YES 5 X X X X X NO 2 X X VI.P.11. Juanita Marie Miller LPN Endorsement (Galan) (aka: Kopan) Miller was present and addressed the Board. moved, seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all licensure requirements and signing a Consent Agreement for an 18 months amended to include: standard probation, and attached stipulations adding nursing ethics course, grant licensure. If not signed within 30 days, deny licensure. AzBN January 2015, Regular Board Meeting Minutes 18

19 VI.O.8. Ashley Jordan Smith RN (Chambers) (aka: Wilson) Smith was present and available for questions. moved, seconded, and it was unanimously carried to issue a Letter of Concern for allowing, without authorization, a physician to administer a prescription medication to her intramuscularly, which was the property of the hospital and which has potential side effects that could have impaired her safe care of patients, while working as an RN at Mercy Gilbert Medical Center in Gilbert, Arizona on or about April 30, VI.P.4. Susan Jill Appleton CRNA and RN Endorsement; (Galan) (aka: Jones; Wenck) moved, seconded, it was unanimously carried to reopen Agenda Item VI.P.4. After discussion it was unanimously carried to table Agenda Item VI.P.4. The meeting recessed at 7:03 p.m., Thursday, January 29, AzBN January 2015, Regular Board Meeting Minutes 19

20 Arizona State Board of Nursing Doug Ducey Joey Ridenour Governor Executive Director Agenda Item VII.A.1.a. Board Meeting Minutes The regular meeting of the Arizona State Board of Nursing convened at 8:03a.m. Friday, January 30, 2015, in the Board of Nursing Board Room, Suite 200, 4747 N. 7 th Street, Phoenix, Arizona, with Randy C., CRNA,, presiding. BOARD MEMBERS PRESENT: Randy C., CRNA, Carolyn Jo, RN, MS, FNP-BC, Vice Theresa (Terri), LPN, C-AL, Lori, BS, RN-C, M. Shawn, RN, MS, Jana, LPN, Dr. Melinda, Psych NP, BOARD MEMBERS ABSENT: Kim, RN, BSN, MBA/HCM, NEA-BC, Kathryn L., JD, Leslie, MSN, RN, LEGAL COUNSEL: Elizabeth Campbell, Assistant Attorney General Sophia Van Langen, Assistant Attorney General Sarah Selzer, Assistant Attorney General STAFF DIRECTORS: Joey Ridenour, RN, MN, FAAN, Executive Director Valerie Smith, RN, MS, FRE, Associate Director of Investigations Nikki Austin, JD, RN, Associate Director to Monitoring/CANDO/Hearings Judy Bontrager, RN, MN, Associate Director of Operations Pamela Randolph, RN, MSN, Associate Director of Education and Evidence Based Regulation STAFF: Katrina Alberty, Senior Investigator Frederick Arias, Senior Investigator Max Barker, Senior Investigator Frannie Breed, RN, BSN, Education Consultant Stephanie Chambers, RN, MN, Nurse Practice Consultant Janeen Dahn, Ph.D., FNP-C, Nurse Practice Consultant/AP Ronda Doolen, RN, BSN, MSN, Education Program Administrator Diva Galan, JD, Senior Investigator Tamara Greabell, MA, BSN, RN, Nurse Practice Consultant Jan Kerrigan, RN, BSN, Nurse Practice Consultant/CANDO Kristi Hunter, MSN, FNP-C, Nurse Practice Consultant/AP Kathleen Harrington, RN, Nurse Practice Consultant Ruth Kish, RN, MN, Nurse Practice Consultant Jennifer Ingram, Senior Investigator Kirk Olson, Senior Investigator Linda Monas, Senior Investigator Cindy Mand, RN, BSN, Nurse Practice Consultant Michael Pilder, MSN, RN, APHN-BC, Nurse Practice Consultant Michelle Morton, Senior Investigator Daniel Phelan, B.S., M. Adm Senior Investigator Bonnie Richter, MSW, Senior Investigator Naira Kutnerian, Administrative Assistant II AzBN January 2015, Regular Board Meeting Minutes 20

21 I. Call to Order Agenda Item VII.A.1.a. The meeting was called to order at 8:03 a.m., Friday, January 30, The following Board members were present:,,,,, and. presided. welcomed members of the audience, explained the procedure for addressing the Board, and stated the mission of the Board. II.A. Administrative Law Judge (ALJ) Recommendations II.A.1. Alice June Minch RN (Campbell) The proceeding began at 8:05a.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, and Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and requested the Board accept the Administrative Law Judge s recommended findings of fact and conclusions of law and to order probation. Minch was present and was represented by legal counsel. moved, seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 17. moved, seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 through 17. Minch was given the opportunity to respond to the recommended discipline. moved, seconded, and after discussion it was unanimously carried to accept the Administrative Law Judge s recommended Order with amended motion to include: standard probation for 12 month professional nurse license No. RN previously issued to Alice Minch, and attach stipulation amended to include: may practice in California or Florida with the written permission of the California State Board of Nursing and Florida State Board of Nursing. AzBN January 2015, Regular Board Meeting Minutes 21