BEFORE THE BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

BEFORE THE BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: BETTY ANN LONG Case No. 0- Polk Ave. Ogden, UT 0 Registered Nurse License No. Respondent DECISION 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 September,0.. IT IS SO ORDERED September, 0..~-.- Raymond MalleI, President Board of Registered Nursing Department of Consumer Affairs State of California

KAMALA D. HARRIS Attorney General of California GLORIA A. BARRIOS Supervising Deputy Attorney General XATHERINEMESSANA. Deputy Attorney General State Bar No. 00 So. Spring Street, Suite 0 Los Angeles, CA 00 Telephone: () - Facsimile: () -0 Attorneysfor Complainant BEFORE THE BOARD OF REGISTERED NURSING. DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 0 In the Matter of the Accusation Against: BETTY ANN LONG Polk Ave. Ogden DT 0 Case No. 0- STIPULATED SURRENDER OF LICENSE AND ORDER Registered Nurse License No. Respondent. /------...-"-----"----------- In the interest ofa prompt and speedy resolution ofthis matter, consistent with the public interest and the responsibility of the Board of Registered Nursing o~ the Department of Consumer. Affairs the parties hereby agree to the following Stipulated Surrender of License and Order which 0 will be submitted to the Board for approval and adoption as the final disposition ofthe Accusation. PARTIES.. Louise R. ~ailey, M.Ed., RN.("Complainant") is the Interim Executive Officer of the Board of Registered Nursing. She brought this action solely in her official capacity and is represented in this matter by Kamala D. Harris, Attorney General of the State of California, by Katherine Messana, Deputy Attorney General... Betty Ann Long ('~Respondent") is representing herself in this proceeding and has chosen not to exercise her right to be represented by counsel... Stipulated Surrender oflicense (Case No. 0-)

. On or about December, 00, the Board ofregistered Nursing issued Registered Nurse License No. to Betty Ann Long (Respondent). The Registered Nurse License i "expired on May, 00, artdhas not been renewed;. 0' 0. l I JURISDICTION. Accusation No. 0- was filed before the Board of Registered Nursing ("Board"), Department of Consumer Affairs, and is currently pending against Respondent. The.. Accusation and allothej; statutorily required documents were properly served on Respondent on.. May 0,0. Respondent timely filed her Notice of Defense contesting the Accusation. A copy of Accusatio~No. 0- is attached as Exhibit A and incorporated by reference. ADVISEMENT AND WAIVERS. Respondent has carefully read, and understands the charges and allegations in Accus~tion No.. 0~. Respondent.also has carefullyread, and understands the effects ofthis Stipulated Surrender of License and Order.... Respondent is fully aware of her legal rights in this matter, including the right to a hearing on the charges and allegations in the Accusation; the.right to be represented by counsel, at.. her own expense; the right to confront and cross-examine the witnesses against her; the right to. present evidence aild to testify on her own behalf; the right to the issuance of subpoenas to compel the attendance ofwitnesses and the production of documents; the right to reconsideration and court review of an aqverse 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. CULPABILITY. Respondent admits the truth of each and every charge and allegation in Accusation No. 0-, agrees that cause exists for discipline and hereby surrenders her Registereq Nurse License No. for the Board's formal acceptance.. Respondentunderstands that by signing this stipulation she enables the Board to issue an order accepting the surrender ofher.registered Nurse License without further process. Stipulated Surrender oflicense (Case No. 0-)

~! 0 0 [ CONTINGENCY 0. This stipulation shall be subject to approval by t,he Board o(registered Nursing.. Respondent understands and agrees that counsel for Complainant and the staff-ofthe Board of Registered Nursing may communicate directly with the Hoard regarding this stipulation and surrender, without notice to or participation by Respondent. 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. Ifthe Board fails to adopt this stipulation as its Decision and Order, the Stipulated Surrender an.d Disciplinary Order shall be.ofno forc~ 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 furt~er action by having considered this matter.. The parties understand and agree that facsimile copies ofthis Stipulated Surrender of License and Order, including facsimile signatures thereto, shalfhave the s~e force and effect as the originals.. This Stipulated Surrender oflicense and Order 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 plior or conteinporaneous agreements, understandings, discussions, ' negotiations, and commitments (written or oral). This Stipulated Surrender oflicense and Order m'ay not be altered, amended, modified, supplemented, or otherwise. changed except hy a writing executed by an authorizecl'representative of each ofthe parties.,. In consideration qfthe foregoing.admissions and stipulations, the pe\i:iesagree that the Board may, without further notice or formal procee<;ling, iss-q.e and enter the following Order: ORDER IT IS HEREBY ORDERED that Registered Nurse License No., issued to, Respondent Betty Ann Long, is surrendered.and accepted by the Board,of Registered Nursing.. The surrender ofrespondent's Registered Nurse License and the acceptance ofthe surrendered license by the Board shall constitute the imposition ofdiscipline against Respond~nt., Stipulated Swre~der oflicense (Case No. 0-).

0. 0.~ i This stipulation constitutes a record ofthe discipline and shall become a part ofrespondent's license history vvith the Board of Registered Nursing........ Respondentshall lose all rights and privileges' asa Re~sten:idNurse in California as of the effective date of the Board's pecision and Order.. Respondent shall cause to be delivered to the Board her pocket license and, if one was issued, her wall certificate on or before the effective date of the Decision and Order.. If Respondent ever files an application for licensure or a petition for reinstatement in,the State ofcalifornia, the Board shall treat it as a petition for reinstatement. Respondent must comply with all the laws, regulations and procedures for reinstatement ofa'surrendered license in effect at the time the petition is filed, and all of the charges and allegations contained in Accusation No. 0- shall be deemed to be true, correct and admitted by Respondent when the Board determines whether to grant or deny the petition..., If and when Respondent's license is reinstated, she shall pay to the Board costs associated with its investigation and enforcement pursuant to Business and Professions Code section. in the amount of $.0. Respondent shall be pennitted to pay these costs in a payment plan approved by the Board. Nothing in this provision shall be construed to prohibit the Board from reducing the amount of cost recovery upon reinstatement ofthe license.. If Respondent should ever apply or reapply for a new license or'certification, or petition for reinstatement of a license, by any otherhealth care licensing agency in t~e State of California, all ofthe charges andallegati~ns contained in Accusation, No. 0- shall be deemed to be tn:j,e, correct, and admitted by Respondent for the purpose of any Statement of Issues or any other proceeding seeking to deny or restrict licensure. '. ). Respondent shall not apply for licensure or petition for reinstatement for two () years from the effective date of the Board of Registered Nursing's Decision and Order. // // // // Stipulated Surrender oflicense (Case No. 0-)

0/0/0 : 00 FEDEX OFFICE 0 PAGE 0 ACCEPTANCE -.Jhavecaref JJ.y rea.cl the Stipulated Surrender of License and Order. I understand the stipulation and the effect it will have on my Registered Nurse License. I enter into this Stipulated Surrender of License and Ord.e~ voluntarily, knowingly, :.lnd intelligently, and agree to be bound. by the Decisi.on and Order of the Board of Registered 'Nursing. '. DATED:.$'u..L.t-) d~d L~c--_ ~~... "..---"----t BETIY0NN LONG! Respondent ' 0, 0 ENDORSEMENT The foregoing Stipulated Surrender of License and Order is hereby respectn,llly submitted for consideration by the Board of Registered Nursing of the Depar.ent of Consumer Affairs. ' Dated: LA00 Sll0.doc Respectfully submitte:d, KAMALA. D. HARRIS Attorney Gen(~ral of California, GLORIA A. BARRIOS S petv'is' Deputy Attorney General'. INf. MESSANA Deputy' AttOtn'ey General Attorneysfol: Complainant JI " I I --_._----------,..---------- I Stip.ntcd SurreJ:lder oflicense (Case No. 0 t.). -..

Exhibit A Accusation No. 0..: I I

KAMALA D. HARRIS Attorney General of California GLORIA A. BARRIOS Supervising Deputy Attorney General KATHERINE MESSANA Deimty AttorneyGeneraC State Bar No. 00 So. Spring Street, Suite 0. Los Angeles, CA 00 Telephone: () - Facsimile: () -0 Attorneysfor Complainant BEFORE THE BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS. STATE OF CALIFORNIA. In the Matter of the Accusation Against: BETTY ANN LONG AKA BETTY COURNEY LONG SylviaDrive S. Ogden, UT 0 Case No. ACCUSATION Registered Nurse License No. Respondent. Complainant alleges: PARTIES. Louise R. Bailey, M.Ed., RN ("Complainant") brings this Accusation solely in her official capacity as the Interim Executive Officer ofthe Board of Registered Nursing, Department of Consumer Affairs.. On or about December,000, the Board ofregistered Nursing issued Registered Nurse License Number to Betty Ann Long aka Betty Courney Long ("Respondent"). The Registered Nurse License expired on May, 00, and has not been renewed. // // // Accusation

() 0 0 JURISDICTION AND STATUTORY PROVISIONS. This Accusation is brought before the Board of Registered Nursing ("Board"), Department of Consumer Affairs, under the authority ofthe following laws. All section references are to the Business and Professions Code ("Code") unless otherwise indicated.. Section 0 ofthe 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.. Sections subdivision (b) ofthe Code also grants the Board jurisdiction over suspended, expired, forfeited, cancelled, or surrendered licenses: "The suspension, expiration, or forfeiture by operation of law of a license issued by a board in the department, or its suspension, forfeiture, or cancellation by order ofthe board or by order of a court of law, or its surrender without the written consent ofthe board, shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the board ofits authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground.". Section ofthe Code provides, in pertinent part, that the expiration of a license ~hl:!li no-gepl"iv~jhej0~rdofjurisdis:tiogto Q!oceecl'Yi~h_a~i~ipliI!aryl'rc:>c~edh)Kagain~tjh~_ licensee or to render a decision imposing discipline on the license. Section (b) ofthe Code provides, in pertinent part, that the Board may renew an expired license at any time within eight years after the expiration.. Section ofthe Code states, in pertinent part: "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: following: (a) Unprofessional conduct, which includes, but is not limited to, the /II () Denial oflicensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license or certificate by another state or territory ofthe United States, by any other government agency, or by another California health care professional licensing board. A certified copy ofthe decision or judgment shall be conclusive evidence ofthat action." AccusatioI).

o 0 0. 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 P~J:"~Qll UC~lls~~.!llg.erthis ~!lapter to do anyofthe following: ( (a) Obtain or possess in violation oflaw, or prescribe, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administer to himself or herself, or furnish or administer to another, any controlled substance as defined in Division 0 (commencing with Section 000) ofthe Health and Safety Code or any dangerous drug or dangerous device as defined in Section 0. (b) Use any controlled substance as defined in Division 0 (commencing with Section 000) 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 himself or herself, any other person, or the public or to the extent that such use impairs his,or lier 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. (d) Be committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any ofthe substances described in subdivisions (a) and (b) of this section, in which event the court order of commitment or c?,nfinement is prima facie evidence of such commitment or confinement. (e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in subdivision (a) ofthis section." COST RECOVERY. Section. 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 of the licensing act to pay a sum not to exceed the reasonable costs ofthe investigation and enforcement of the case. FIRST CAUSE FOR DISCIPLINE (Disciplinary Action by' the State of Utah) 0. Respondent is subject to disciplinary action under section, subdivision,(a)() of the Code on the grounds ofunprofessional conduct in that on or about July,00, the State of Utah Department of Commerce Division of Occupational and Professional Licensing ("Utah Accusation

() 0 0 Board") adopted a Stipulation and Order in the disciplinary matter entitled In the Matter ofthe License ofbetty Courney Long to Practice as a Registered Nurse in the State ofutah, Case No. DOPL 00-. This Stipulation and Order revoked Respondent's license, immediately stayed -_..._._. the revocation, placed Respondent's license on suspension and a five () year probationary period. The circumstances underlying the disciplinary action are, as follows:. Between about May, 00 and about May, 00, Respondent was employed as a registered nurse at McKay-Dee Hospital ("MDH") in Ogden, Utah.. On or about May,00, Respondent was observed by staff to exhibit impaired behavior during her shift in the Neonatal Intensive Care Unit (NICU) at MDH. Respondent provided a breath sample for a breathalyzer test. Her blood alcohol content was 0.%.. On or about November,00, Respondent pleaded guilty in Utah District Court to one count of failure to remain at the scene of an automobile accident, a Class B misdemeanor, and one count ofimproper backing, a Class C misdemeanor.. On or about April, 00, Respondent was ~rested by Ogden police and later charged with two counts of assault, one count of domestic violence in the presence of a child, and one count of public intoxication. On-or about June, 00, Respondent pleaded guilty to one, count of simple assault. The guilty plea was held in abeyance. On or about December, 00, Respondent pleaded guilty to one count of simple assault, a Class B misdemeanor in Utah Second District Court in Ogden. The remaining charges were dismissed.. On or about January,00, Respondent submitted an application for renewal of her Utah registered nurse license. Respondent swore that she had not pleaded guilty to, pleaded no contest to, been convicted of, entered into a plea in abeyance agreement, or entered into a deferred sentence agreement, with respect to any felony or misdemeanor in any jurisdiction since she last her Utah registered nurse license renewed. Respondent also swore that she had not been charged with or arrested for any felony or misdemeanor in any jurisdiction since she last renewed her Utah registered nurse license.. On or about January,00, Respondent was arrested by Ogden police and later charged with one count of driving under the influence of alcohol, one count of possessing an open Accusation

o 0 0 container or drinking alcohol in vehicle, one count of improper lane usage and one count of red light violation. On or about January,00, Respondent pleaded guilty to one count of driving under the influence of alcohol/drugs, a Class B misdemeanor, in Ogden City Justice Court. The remaining charges were dismissed.. On or about June,00, Respondent was sentenced to thirty (0) days in the Weber County Jail for violating the terms of her probation.. On or about July,00, Respondent and the Utah Board entered into the Stipulation and Order described in paragraph 0, above, inclusive and herein incorporated by reference.. On or about November,00, the Utah Board entered an Amended Order in this disciplinary' action. The Amended Order terminated Respondent's suspension and placed her on probation for five () years with terms and conditions. 0. On or about January,00, Respondent was arrested in Utah and later charged with one count ofpublic.intoxication and one count ofchildneglect. The charges were later amended to one count of disorderly conduct. Respondent failed to report her arrest to the Utah Board as required by the Stipulation and Order. This was in violation of the terms and conditions of her probation.. On or about April, 00, the Utah Board entered into a Stipulation and Order with Respondent in the disciplinary matter entitled In the matter ofthe License ofbetty Courney Long to Practice as a Registered Nurse in the State ofutah, Case No. DOP~ 00-. In the Stipulation and Order Respondent agreed that she violated the terms and conditions of the Stipulation and Order in DOPL CaseNo. 00-. SECOND CAUSE FOR DISCIPLINE (Unprofessional Conduct). Respondent is subject to disciplinary action under section, subdivision (a) of the Code on the grounds of unprofessional conduct in that Respondent presented under the influence of alcohol at her place of employment, has multiple convictions involving the use of alcoholic beverages and failed to disclose her convictions or arrests on her applica~ion for renewal of her '. { Accusation

o 0 license. The conduct is described in more particularity in paragraphs 0 through, above, inclusive and herein incorporated by reference. THIRD CAUSE FOR DISCIPLINE (Alcohol Related Transgressions). Respondent is subject to disciplinary action under section, subdivision (b) ofthe Code in that Respondent used alcoholic beverages in a manner dangerous or injurious to herself and others. The conduct is described in more particularity in paragraphs 0 through, above, inclusive and herein incorporated by reference. /I I I I I /II

n 'v PRAYER WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Board of Registered Nursing issue a decision:. Revoking or suspending Registered Nurse License Number, issued to Betty Ann Long aka Betty Courtney Long;. Ordering Betty Ann Long to pay the Board of Registered Nursing the reasonable costs ofthe investigation and enforcement ofthis case, pursuant to Business and Professions Code section.; 0. Taking such other and further action as deemed necessary and proper. DATED: ~ /0 ()ot() LOUISE R. BAILEY, M.ED., RN Interim Executive Officer Board of Registered Nursing Department of Consumer Affairs State of California Complainant Accusation