Arizona Republic: Call for Submissions–Nurses here’s your chance

Pat Flannery, Journalist/Editor

—Dear Arizona Nurses or TRAVEL NURSES, and Healthcare Consumers—-

Here is your chance to impact how government works and how their practices, policies, and “rules” affect you, your civil rights, or how you live your daily life, and most importantly your perception of safety while practicing as a Registered Nurse not just in this state but as a Travel Nurse. If you have had personal experiences with the Arizona Board of Nursing, or the Medical Board and want to contribute to this Editor please do so using the information below.  Speaking up and speaking out is the only way change wlll be made to current practice environments and the ability to practice with confidence, awareness, and with a sense of security that you don’t have to be fearful. In order for that to happen, stories have to be heard and too many of you in Arizona have relied on telling me your experiences “in secret.” While I respect your privacy and will protect that at all costs…..this does nothing to get the issues out there and the problems that plague our profession in Arizona fixed. Ask for anonymity when you share your story……what could it hurt? If you can tell your story and be heard and feel safe doing it under cover what is there to lose? Healthcare consumers, if your complaints and reports have gone ignored= Please consider the following article that was published in the Arizona Republic today Sunday September 21, 2014……..I cannot make change in this state for nursing alone. I cannot get a bill passed to protect you, alone. Please consider stepping forward and telling your story. Thank You.

Michelle Lee, Investigative Journalist

Michelle Lee, Investigative Journalist

Pat Flannery, Journalist/Editor

Pat Flannery, Journalist/Editor

 A look at how government regulates lives

“Like it or not, government has a larger role in our lives than we might imagine — more than levying taxes, building roads and seeing to the mundane day-to-day activities of governance.

Part of The Republic Watchdog Center’s mission is to keep an eye on the broad range of government activities. Michelle Ye Hee Lee, a reporter on the Government Accountability Team, has an especially focused role: writing about issues and places where government activities intersect with the everyday lives of citizens. In effect, she writes for and about “consumers” of services regulated by government.

It is in that capacity that she began some weeks ago to examine the role of regulatory bodies in Arizona. How many are there? How do they operate? What are they supposed to do?

You might be surprised at the number — at least 50 — and a variety of agencies, boards and commissions that regulate economic and professional activities in Arizona.

Some are better known than others. For example, most people know about state boards that license, regulate and handle complaints about contractors, physicians and nurses.

But how many know that there is an Arizona Regulatory Board of Physician Assistants? In fact, there are licensing/regulatory boards for nearly every health profession — behavioral-health examiners, dentists, optometrists, osteopaths, pharmacists, physical therapists, podiatrists, respiratory care examiners and so on.

How ’bout the Arizona Radiation Regulatory Agency? Or the Arizona Board of Athletic Training?The list of professions or activities regulated in Arizona includes accountants, acupuncturists, appraisers, architects, barbers, chiropractors, cosmetologists, dispensing opticians, funeral directors and embalmers, homeopaths, massage therapists, naturopaths, occupational therapists, speech pathologists and veterinarians.

That doesn’t include agencies that regulate entire industries, such as the state Departments of Health Services, Insurance, Agriculture, Environmental Quality, Financial Institutions, Housing, Real Estate, Liquor Licensing and Racing. There’s even an Office of Pest Management that “licenses, educates and regulates the pest management industry.”

Some of these agencies are funded through the state general fund. But many of them are funded largely through licensing fees charged to those they regulate. They have varying degrees of regulatory clout, and that is often determined by how many employees they can afford to hire.

Lee is taking the time to learn about these many creatures of statute. And this is where you, the reader, can help. If you are a professional regulated by one of these boards or agencies, or you are a citizen who has interacted with one of them, we’d like to hear about your experience.

This is your opportunity to contribute to coverage of a complex subject that affects us all.

Tell Lee what type of business you had with regulators, what you liked or disliked about the experience, any thoughts you have on their regulatory policies and if you were satisfied with the outcome. By the same token, let her know if you feel you or your concerns have fallen through the regulatory cracks, the victim of some loophole that left your problem unresolved.”

Lee can be reached by e-mail at ­michelle.lee@arizonarepublic.com, via Twitter at @myhlee or by phone at 602-444-8290.

ABOUT THE WRITER

Pat Flannery,senior editor for government accountability, has been a Phoenix reporter and editor for 33 years. More than two-thirds of that was spent covering government in its various forms.

How to reach him

pat.flannery@arizonarepublic.com

Phone: 602-444-8715

Twitter: @Azcflan

ARIZONA TRAVEL NURSE ALERT

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UPDATE on Alleged Set up:  I have discovered today after some independent investigating that the nursing instructor who allegedly set me up and turned me over for prosecution of a criminal felony charge is advertising themselves as an MD and “Doctor” when they do not have a PhD or a Doctorate of Nursing Science. Nowhere on social media or in my search did I see any further education than NP-C. So not only did I see they have been a member of the board since 1996, that they are teaching nursing students, but now I am finding out they are doing the same thing which they accuse me of—THAT is the CULTURE here.

THIS  IS WHY I SAY NOT TO COME TO ARIZONA TO PRACTICE OR GO TO SCHOOL OR GET LICENSED.

If you read my blog, and like what you read or agree with it and want to comment, PLEASE do so via email at FYRHONEYBSN@yahoo.com ONLY.  Recently a travel nurse who liked my posts was contacted less than 24 hours later by the Arizona Board of Nursing informing them that they had a complaint against them. They hadn’t been on assignment here for a few years and are in another state now.  I think we are number 5 in the nation for revocations, not as bad as Texas, but still significant… its TOO RISKY to come here as we are not a pro nurse or nurse friendly state. There is just not enough protection or checks and balances, OR A UNION,  and Id hate to see any nurse get trapped here away from their home state…. I am advising that you not “like” my postings so that your name or other identifying information is displayed for the AZBON to look up in their database. I will be happy to welcome and respond to you privately for your protection. Please follow the same advisement on Linked In. Thank You.

The Arizona BON: Ilegally Framing Nurses to Prosecute? E-Trail!

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PLEASE NOTE: I AM TAKING EVERY ACTION TO CONFIRM WHAT I KNOW AND CONSULTING THE RIGHT PEOPLE TO CONFIRM THINGS BEFORE I BEGIN TO CONSIDER FILING CHARGES.

 

***RECALL THAT IN THE CEASE AND DESIST LETTER AND THEIR STATEMENT TO THE OMBUDSMENS OFFICE OF ARIZONA, THE AZBON SAID THE PUBLIC WAS COMPLAINING THAT I WAS MISREPRESENTING MYSELF AS AN RN. I DIDNT THINK THAT THE PUBLIC INCLUDED THE MEMBERS OF THEIR OWN STATE AGENCY FABRICATING EVIDENCE TO TRY AND PROSECUTE ME***

On August 15, 2014 I was approached by an individual on Linked In who asked If I was a “former mayo clinic rn” I responded with “Yes.” She said “Great, I have a legal case I need some help with are you interested?” I told her “Absolutely glad to help! Im excited!” She told me she would be getting back to me within 24 hours with the details of what she would need me to help with. The very next day, August 16th, I received an email from her stating “we will no longer be needing your services, I just looked up your nursing license.” Stunned, I emailed her back and responded “you asked for a former Mayo RN, you didn’t ask me if I was currently licensed or that licensure was a requirement for the consulting job to look at this case. Had you asked me I would have told you I was unlicensed from the start.” I never received a response back.

On September 5, 2014–a Saturday I received the Cease and Desist letter from the AZBON threatning me with a Class 6 felony conviction for impersonating a Registered Nurse on Linked In.

On September 7, 2014 I went to the State Ombudsmens office to add this in to the complaints I currently have pending against the AZBON (as others do) and to discuss the letter sent to me. The Assistant Ombudsmen emailed me later in the day with a copy of the desktop screen shot of what the AZBON was saying was my Linked In Profile—only the entire top half of the Linked in profile had been cut off–the part with my picture and current work as a legal assistant and dachshund rescue volunteer and foster mom. In her email to me she told me the AZBON had good cause for concern because I was misrepresenting myself this way . I responded back telling her exactly what she was looking at and why this was a doctored document to make it reflect I was putting Registered Nurse at the TOP of my Linked in Page.

On September 12, 2014 I had some time to print out that document and look closer at it. Upon further inspection with a magnifying glass I found that the user was someone from Scottsdale Community College Faculty, and that the date and timestamp of the screen shot match the date the “rejection message” was sent to me on Linked In. The tab in the background was an Outlook tab and had the first initial of the persons name and the first three letters of the persons name. In addition to this, I continued  scanning with the magnifying glass and discovered that inside the browser box were the big letters ”OUT OF NETWORK” so it seemed to me this was coming from a MCC server.

Today, September 13, 2014 I bought a premium version of Linked In to investigate further and located the user—it was the exact person who sent me the query asking me for help on a case she wanted my help with. NOT ONLY was it the same person, but they were indeed faculty at Scottsdale Community College AND UPON FURTHER SCROLLING DOWN THE PAGE I DISCOVERED THAT THIS PERSON IS CURRENTLY EMPLOYED BY THE ARIZONA STATE BOARD OF NURSING SINCE 1996.

 

09/20/2014 UPDATE: Upon further exploration TODAY I found that the same community college nursing instructor who allegedly framed me in order for the board to have me prosecuted is actually ADVERTISING THEMSELVES AS AN MD/DOCTOR when they are not a Doctorate prepared practitioner, nor do they have a DNSc on a website targeted for patient and physician networking “RateMD.com” the individual refers to themselves as an “NP” in small letters and in all bigger fonts, refers to themselves as “Dr.” or MD.

 

I AM EXTREMELY DISTURBED THAT THE STATE OF ARIZONA WOULD ALLOW THIS KIND OF BEHAVIOR, THE GROSS MISUSE OF AUTHORITY AND POWER, THE UNETHICAL ACTIONS THAT HURT CONSTITUENTS, THE ILLEGAL ACTIONS THAT COULD HAVE RAMIFICATIONS ON ONES LIFE FOREVER—SIMPLY FOR THE CASE OF “GETTING EVEN” OR TO SLANDER ME FURTHER.

 

LAWMAKERS—-WHEN WILL YOU DO SOMETHING ABOUT THIS? WHEN WILL YOU STOP THEM FROM HURTING MORE PEOPLE????

 

IM FACING A CLASS 6 FELONY AS A RESULT OF AN OVERT SET UP BY A STATE AGENCY? HOW IS THIS LEGAL? HOW IS THIS RIGHT?

 

 

 

 

Healthcare Ethics and Responsible Leadership: A Primer on the 1st Amendment

Joey Ridenour, Executive Director of the Arizona Board of Nursing

When one is appointed to a state government office that is charged with the unique and overwhelming task of protecting the public’s health, safety, and well being– that kind of power must be used wisely,  responsibly, and ethically.   In what has been deemed an unprecedented show of unchecked Arizona state government “muscle,” the Board of Nursing has plastered my name on the front page of their official website as a nurse imposter. I’m sure by now most of you who have read my most recent blogs have read the facts I have made public with regards to what has happened at their past board meetings, their inequity in disciplining nurses, allowing some to skate and others to fry without rhyme or reason, and their tendency to stalk nurses on social media in order to set them up for further prosecution. So far, my past postings have been based purely on fact, and my own experiences and opinions of what happened to me. In fact plenty of Supreme Court Judges have opined to the fact that we as United State Citizens have the inalienable right and freedom to openly criticize federal or government officials and/or agencies. I will provide some quotes from the Supreme Court opinions later in this posting.

For now, lets address this imposter situation. For the longest time a gentleman named Mark Fairall had been trying to get an imposter nurse, Claudia Marquez, prosecuted for her illegal activities and for her alleged involvement in the deaths of numerous seniors at Sun Grove Village, located in Phoenix. His pleas were ignored by AZBON Executive Director Joey Ridenour— and Claudia Marquez was never prosecuted by the Arizona Attorney General, nor was she ever investigated or arrested for her activity.

CLAUDIA MARQUEZ: Imposter nurse at Sun Grove Resort Village continues to beak the law by misrepresenting herself as a Nursing Director but Arizona Officials do nothing.   Cheers, Claudia, crime does pay in Arizona.

CLAUDIA MARQUEZ: Imposter nurse at Sun Grove Resort Village
Cheers, Claudia, crime does pay in Arizona.

Now, let us all examine  the actions Joey Ridenour has taken toward me as an “imposter.” Threatening me with a Class 6 Felony conviction? For publicizing the truth? (Because we all know why Joey is doing what she is doing, they hate my blogs. They hate that I am researching them and publishing my findings) This has nothing to do with my failure to update my resume on Linked In. It has everything to do with straight up retaliation against a constituent that they are paid to protect—and not harm. After all, I have said many a time now that I am now a tax paying citizen they have no jurisdiction over any longer. THEY get paid to protect ME now. Combing through my Linked In and stalking my social media accounts WITH STATE MONEY demonstrates their clear intention of retaliating and threatening me for not only filing an official complaint against them that is still under investigation at the State Ombudsmens office, but for publicizing the past ten years of board decisions, and in my opinion–harmful, unethical actions that have hurt countless colleagues of mine all over Arizona.

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So what does the United States Supreme Court have to say about my right (and all nurses rights) to free speech and being protected from harm for publicizing my opinions and not very flattering public information about the Arizona Board of Nursing? (By the way a recent judgement in the 9th Circuit Court of Appeals agrees) Read On:

Barr v. Matteo, 360 U.S. 564:

“Analagous considerations support the privilege for the citizen-critic of government. It is as much his duty to criticize as it is the official’s duty to administer.” “The censorial power is in the people of the government, and not in the government over the people.” It would give public servants an unjustified preference over the public they serve, if critics of official conduct did not have fair equivalent of the immunity granted to the officials themselves. We conclude that such a privilege is required by the 1st and 14th amendments.”

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Craig v. Harney, 331 U.S. 367; Wood v. Georgia 370 U.S. 375:

“If judges are to be treated as ‘men of fortitude able to thrive in a hardy climate, surely the same must be true of other government officials, such as elected city commissioners…Criticism of their official conduct does not lost its constitutional protection merely because it is effective criticism, and hence diminishes their official reputations.”

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NAACP v Button 371 U.S. 415 referenced by Court of Appeals for the District of Columbia Circuit in Sweeney v. Patterson:

“Judge Edgerton spoke for a unanimous court which affirmed the dismissal of a Congressman’ s libel suit based upon a newspaper article charging him with anti Semitism in opposing a judicial appointment. He said: Cases which impose liability for erroneous reports of the political conduct of officials reflect the obsolete doctrine that the governed must not criticize their governors. The interest of the public here outweighs the interest of appellant or any other individual–the protection of the public requires not merely discussion, but information. Political conduct and views which some respectable people approve, and others condemn, are constantly imputed to Congressmen…errors of fact, particularly in regard to a man’s mental states, and processes, are inevitable. Injury to official reputation affords no more warrant for repressing speech that would otherwise be free than does factual error. Where judicial officers are involved this court has held that concern for the dignity and reputation of the courts does not justify the punishment as criminal contempt of criticism of the judge or his decision.” “This is true even though the utterances contain half truths and mis information.” (Pennekamp v. Florida, 328 U.S. 367)

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Cantwell Vs Connnecticut 310 U.S. 415: “But the people of this nation have ordained, in the light of history, that, in spite of the probability of excesses or abuses , these liberties are, in the long view, essential to enlightened opinion and right conduct on the part of the citizens of a democracy…That erroneous statement is inevitable in free debate and that it must be protected if the freedoms of expression are to have the “breathing space” that they “need to survive”

Cf. Speiser v. Randall 357 U.S. 513 “The constitutional protection does not turn upon ‘truth, popularity, or social utility of the ideas and beliefs which are offered”

Chief Justice Hughes concurring Opinion in reference to New York Times v Sullivan:

“Imperative is the need to preserve inviolate the constitutional rights of free speech, free press, and free assembly in order to the maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that the changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government…”

Mr Justice Goldberg concurring Opinion in reference to New York Times v Sullivan 1964:

“In my view the 1st and 14th Amendments to the Constitution afford the citizen and to the press an ABSOLUTE UNCONDITIONAL PRIVLEGE to criticize official conduct despite the harm which may flow from such excesses and abuses. The prized American right “to speak ones mind” about public officials and affairs needs “breathing space to survive” The right should not depend upon a probing by the jury of the motivation of the citizen or press. The theory of our Constitution is that every citizen may speak his mind and every newspaper express its view on matters of public concern, and MAY NOT BE BARRED FROM SPEAKING OR PUBLISHING because those in control of government think that what is said or written is unwise, unfair, false, or malicious. In a democratic society, one who assumes to act for the citizens in an executive, legislative, or judicial capacity must expect his (or her) official acts will be commented upon and criticized. Such criticism cannot, in my opinion, be muzzled or deterred by the courts at the insistence of public officials under the label of libel.”

Black, J. Concurring Opinion (Justice Black) In reference to New York Times v Sullivan 1964:

” I concur in reversing this half million dollar judgement against the New York Times Company and the four individual defendants. In reversing, the court holds that the Constitution delimits a states power to award damages for libel in actions brought by public officials against critics of their official conduct. I base my vote to reverse on the belief that the 1st and 14th Amendments not merely “delimit” a State’s power to award damages to “public officials against critics of their official conduct,” but completely prohibit a state from exercising such a power. The court goes on to hold that a state can subject such critics to damages if “actual malice” can be proved against them. “Malice,” even as defined by the court is an elusive, abstract concept, hard to prove, and hard to disprove.

The half million dollar verdict does give dramatic proof, however, that state libel laws threaten the very existence of an American Press virile enough to publish unpopular views on public affairs and bold enough to criticize the conduct of public officials. The factual background of this case emphasizes the imminence and enormity of that threat…In my opinion the Federal Constitution has dealt with this deadly danger to the press in the only way possible without leaving the free press open to destruction—by granting the press an absolute immunity for criticism of the way public officials do their public duty….

I agree with the Court that the 14th Amendment made the 1st applicable to the states. This means to me, that, since the adoption of the 14th Amendment, a state has no more power than the Federal Government to use a civil libel law or any other law to impose damages for merely discussing public affairs and criticizing public officials. The Power of the United States to do that is, in my opinion, nil. Such was the general view when the 1st Amendment was adopted and ever since….We would, I think, more faithfully interpret the 1st Amendment by holding that, at the very least, it leaves PEOPLE AND THE PRESS free to criticize officials and discuss public affairs with impunity.

This nation of ours elects many of its important officials; so do the States, the municipalities, the counties, and even many precincts. These officials are responsible to the people for the way they perform their duties. Freedom to discuss public affairs and public officials is unquestionably, as the court today holds, the kind of speech the 1st Amendment was primarily designed to keep within the area of free discussion. To punish the exercise of this right to discuss public affairs or to penalize it through libel judgements is to abridge or shut off discussion of the very kind most needed. This nation, I suspect, can live in peace without libel suits based on public discussions of public officials. But I doubt that a country can live in freedom where its people can BE MADE TO SUFFER PHYSICALLY OR FINANCIALLY for criticizing their government, its actions or ITS OFFICIALS.

For a representative democracy ceases to exist the moment the public functionaries are by any means absolved from their responsibility to their constituents, and this happens whenever the constituent can be RESTRAINED IN ANY MANNER FROM SPEAKING, WRITING, OR PUBLISHING HIS OPINIONS upon any public measure or upon the conduct of those who may advise or execute it.

An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the 1st Ammendment…..”

IMPOSTER ALERT

In conclusion, Joey Ridenour and Valerie Smith, it appears as if you don’t have enough to do over there at the BON offices, or really dangerous nurses to prosecute and investigate to be spending all the man power hours and financial resources the state gives you on a nurse whose license you revoked a few months ago. Surely there are more pressing matters to attend to in the “protection of the public”

Hear this: I KNOW this is NOT about Linked In—everyone knows this. In fact, its painfully obvious, so much so that even I am embarrassed for you. You are not only harassing a state citizen and threatening them with harm by threatening their ability to pursue and keep gainful employment, but you are also attempting to prosecute me for using my voice, publishing my opinions of your policies and procedures, your past board decisions, my opinions of my experiences with your agency, and publishing the opinions of nurses you have harmed all across Arizona. The United States Supreme Court says you cannot do that. But then again, you don’t seem to care about the law.

     I do. I have the right to make a successful living, to be off of welfare and food stamps and AHCCCS, to support my family. I have the right to express my views, I have the right to be a contributing member of this society, and I have the right to use my nursing training and my TWO nursing degrees to the best of my ability as a means to continue helping people in other ways. I earned those degrees, and you DO NOT have the right to keep me from using that education for the benefit of the greater good, for those who need my help, for those who wish to be empowered by learning from me.

Let me make this clear: You no longer own me. You no longer have a say in my life. You no longer scare me. Whatever moves you make toward me with the intention of thwarting, harming, or threatening my security and ability to make a living will not go unanswered or unpublished. You are a Board of Nursing, that’s it—YOU ARE NOT GOD.

The AZBON: We’re turning you over to the Attorney General

Jo Elizabeth “Joey” Ridenour, MN, RN, FAAN, executive director, Arizona State Board of Nursing, received the UA Alumni Association’s Public Service Award. She received her bachelor of science degree in nursing from Arizona State University in 1969 and her master’s of nursing in nursing administration from the University of Phoenix in 1993. With a strong foundation in nursing and nursing administration, Ridenour has given more than three decades of service to Arizona and the nation. She is held in high regard throughout the United States for her dedication to uphold high standards for quality nursing and health care. Ridenour has provided exemplary leadership in health care as president of the National Council of State Boards of Nursing, as well as through service as a member of the Arizona Governor’s Nursing Shortage Task Force, the Arizona Hospital and Healthcare Association’s Healthcare Institute and the Arizona Health Sciences Center’s Greater Phoenix Leadership Board.

 The awards were presented by Christopher Vlahos, UA Alumni Association president and executive director; Lloyd Fox, UA Alumni Association board chair; and Meredith Hay, PhD, UA executive vice president and provost.

Yep. I just received a certified “Cease and Desist” letter in the mail informing me that I am

1. Being accused of misrepresenting myself as a nurse to the public

2. Practicing as a Registered Nurse

3. Am not allowed to refer to myself as a “nurse” (though I hold two nursing degrees)

(Which, by the way, couldn’t come at a worse time since my health has been crappy and Im being ruled out for Pelvic Cancer)  Yeah, thanks for the added fun AZBON.

All this based on a review of my Linked in Professional History profile and Bio of past work history and my blog.

Executive Director Joey Ridenour has officially forwarded this complaint to the Arizona Attorney General for a class 6 felony prosecution.

I think the AZBON has just taken things a bit too far in trying to shut me up.

 

IMPOSTER ALERT

 

Joey Ridenour—would you really dare to put a single mother just getting back on her feet with a new job and a steady roof over her head back down into the hole again just for the sake of retaliation? And for revealing the truth of what is in your board meeting minutes? And for revealing the grave inequities in how you discipline nurses? With a salary from the state in six digits I’m sure destroying my life is of no consequence to you, nor is destroying my daughter or my family of any consequence to you. But what I will say is that you people over there have absolutely no sense of ethics, compassion, fairness, or sense of right and wrong.

This, however, will not scare me. I am not working as a nurse, and I have openly discussed my career move away from nursing and my license revocation on my blog, my facebook, and linked in–as well as several media interviews. What you are doing in threatening me with a Class 6 felony is just evil, and its sick.

 

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State Lawmakers, nursing community, healthcare consumers: This is a classic case of retaliation against a nurse for speaking out, speaking the truth, and revealing what has been in the dark for far too long.

 

A Class 6 Felony, they really do want to disable me in every possible way. They really do want me to go dive off of a cliff somewhere and disappear. They really are—trying to destroy me.

 

Bring it on. I’m not afraid. I’m living an honest life. And for you to threaten to even take that from me you show the world WHO YOU REALLY ARE.

Question for you: Are you ever scared of what you will have to answer to at the end of your life? Of what you will have to own up to?

 

I’m not.   AND I WILL CONTINUE TO SHED LIGHT . I WILL CONTINUE TO PROTECT MY COLLEAGUES. I WILL CONTINUE TO PURSUE LEGISLATION THAT PROTECTS THEM AND PATIENTS!

 

That is not a threat—ITS A PROMISE.

 

Venomous Val Wields Her “Super Subpoena Sword”

Valerie Smith: Special Consultant to the executive director

In a special edition of Nurseinterupted’s reporting on the oh so ethical activities at the Arizona Board of Nursing we will discuss a subject that seems to come up time after time with nurses who email me, meet with me, or call me to ask advice about how to deal with the board process and the board members themselves—chiefly Valerie Smith,  Joey Ridenour, and the concept of “terror.” Here are the three questions I get the most from nurses currently caught up in the web: “How do I go in there and face them? Do I really need to be scared of them? How am I supposed to look/act with Valerie and/or the Executive Director Joey Ridenour?

What’s the inspiration for this posting? Well, it seems that the Consultant to the Executive Director of the AZBON, Valerie Smith, is up to her shady shenanigans once more—-this time, threatening her endless subpoena power and ability to dig deep into a nurse’s past. Tax payers, pay attention===this is your tax dollars at work, equipping the AZBON with the resources and man power to conduct random, lengthy, unnecessary irrelevant witch hunts. Arizona Lawmakers: Here is where a big chunk of your state budget flies out the window. You want a place to trim the budget a little? Try checking out the overuse of resources within your state regulatory boards, more specifically, my favorite one. I mean how do you put people in power who threaten endless subpoena abilities??? What is that?  Two words for you lawmakers: “Sunset Clause”—I highly suggest ya’ll peruse it right about now.

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     Nurses. If you haven’t inadvertently killed, injured, or neglected someone, been caught stealing drugs from your workplace, or come to work drunk or high there is ABSOLUTELY NO REASON to walk through those glass doors at the Board of Nursing feeling less than confident in the nurse that you know that you are and the person you know you are in the world. You are a human being. Human beings make mistakes. Nurses are not above mistakes, they are not preprogrammed robots incapable of screwing up now and then. Hell, look at my past blog postings reflecting some of the most horrendous Board rulings in the past ten years. If that isn’t screwing up, I don’t know what is. In fact for all intents and purposes, they failed to fulfill the Arizona Legislature’s Requirements over and over again!

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      Our practice environments are more stressful and dangerous than ever. That aside—- Always remember there is more to you than just the role of a nurse—-some of you are mothers, fathers, husbands, wives……perhaps you head up ministries at your church, or volunteer helping animals (like me), or volunteer helping other nurses heal from the traumas of the workplace (an unlikely role I fell into as a result of my ordeal). The point is, YOU ARENT A CRIMINAL. You aren’t walking into the Supreme Court wearing Sheriff Joe’s striped attire, pink socks, flip flops, and handcuffs. You are a professional going in there to tell your side of things. To have your say. So act like it. You’ve been the captain of the ship on your twelve hour shifts, managing, coordinating, and supervising countless things, people, activities, etc. You’ve personally kept one or more critical patients alive shift after shift after shift. You actually know MORE about the latest evidence based practices and current barriers to safe patient care than those interrogating you! Here’s an example: During my cross examination of Valerie Smith, she could not tell me even a few of the barriers to safe nursing care or patient safety issues. And the ANA Code of Ethics for Nurses? When asked to provide me some of the major points within that important document, she was unable to do so. And yet, it was me they accused of having no sense of ethics or ability to apply basic ethical principles to my nursing practice.

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      Lets be real, NOTHING is harder than what nurses do these days on patient care units all over the country, so don’t blow up a meeting at the AZBON as something greater than all that in your head until you are literally puking your way there and on the verge of imploding as you sit in the tiny waiting room anticipating your name being called. Yes, this is what they want. Yes, the room is tiny. Yes, its stuffy as hell. But for a reason….. I prefer the small board room myself, there is more room to breathe and I am able to better manage my energy field with space. (but you don’t get a choice, sorry, THAT room is reserved for the real special troublemakers like me)

The Key Word Is: Human. Every single body walking around that stifling monotone place is a human being. Remember that.

Here is a response to one of my blogs and my response—-hopefully it will provide some insight and help empower you through your own experiences with the AZBON

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Dear NURSEINTERUPTED:

I have a relative who is currently under investigation for not following proper protocol on a certain type of hospital procedure. I am afraid to mention the exact procedure as the nursing board may be reading. Val interviewed them starting with immediate intimidation about how they had the power of any subpoena they wished and had unlimited access to their past. I cannot relay the entire conversation but her every comment showed open bias from the start. I applaud your site. Someone needs to balance the scales. “Unlimited power is apt to corrupt the minds of those who possess it.”

Hello,

This isn’t the first time I have heard reports of Val Smith’s intimidation tactics at the AZBON. They are historical events in and of themselves. They literally paralyze nurses. Val’s demeanor inspires panic attacks and irritable bowel symptoms— and that’s just to start. I have some email addresses for you to write to and you can remain anonymous—-if either you or the nurse you know wants to write about their experience with the board tactics. The AZBON is being looked at from several different agencies/journalists who are currently compiling information and first hand accounts from nurses all over the state. In fact, Im compiling my own ten years worth of data to present to the legislature and publish in my book.

My best advice for your relative is to always remember that my old BFF Val is a human being just like the rest of us===she urinates and defecates and showers and puts on her clothes every day like all the rest of us. She has not been at the bedside in nearly twenty years, and her primary background consists only of psych nursing and disciplining/regulating nurses. If she were to be put on a nursing floor tomorrow and was expected to take a load of patients on a general med surg unit or a progressive care unit, shed likely end up hurting someone. She wouldn’t be able to function as a bedside registered nurse…. this should give your relative some confidence.

     Your relative is a true “die hard, in the trenches” nurse. A nurse who probably has more insight and experience with issues facing nurses than our buddies at the AZBON ever will, because they sit in their little offices waving their wands deciding who gets to be a nurse and who does not—reference my previous blogs. If your relative needs support please have them contact me at FYRHONEYBSN@yahoo.com. Ive personally met with many a nurse from all over the state who come to Phoenix sometimes and meet me at coffee houses or Dennys or churches—just to talk and ask me questions.

     Ive been here for support and to provide my experiences with Val in order to help others “endure her MO.” I actually had the opportunity to cross examine her myself in administrative court and it was probably one of the most empowering days of my life. A couple of hints: She hates full on direct eye contact that holds her gaze, she hates a firm confident voice/response from nurses, she hates a nurse that has the facts behind them and who knows the game being played. She hates a nurse who knows the law. She hates a nurse who can hold a debate with her. Lastly, Val hates a nurse she cannot sense fear in.

     Ive spent a great deal of time studying Val the past couple of years. A word to the wise===if Val senses fear she will take advantage of that. Its where a nurse can slip up and come off looking less than credible— Which, is exactly what she wants. There is a way “around” Val, a way to “deal” with Val, and a way to “survive” Val. You gotta know what she thrives on, what her weaknesses are, expose a few of them now and then, and establish a firm hand in any conversation. You will know you have accomplished something when her face turns cherry red every time she is in your presence,  her jaw clenches tightly, and she sneaks intermittent glares at you because she can no longer hold your gaze for long.

 

     As for monitoring this blog? Yes, she most certainly does, as well as my Facebook and Twitter. Regularly. (I’m sure she is no fan of her picture showing up so frequently here either) As does the rest of the board. At one point she had a pile of my postings she wanted to “review with me because I was making them look bad.”  I promptly declined to review posts and blogs I was clearly already familiar with my own words.  I even warned them before they took my license, that taking the RN wasn’t going to keep me from using my voice, advocating for nurses and patients, or telling my story—what happened with me and my patient. I wish your relative luck. Im here if they need me for coaching anytime and to stand by them. Thank you so much for the feedback.

 

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The AZBON Takes A Military Approach

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In the latest installment of Arizona Nursing’s reality TV series, the AZBON decides to join the Army by employing new Special Ops maneuvers designed to “hide” information from its constituents. More specifically, in one of the latest board meetings it was decided to withhold the names of nurses who have their cases dismissed or who receive a “Letter of No Concern” and only publish the names and cases of nurses who are being formally disciplined with anything from a “Decree of Censure” on up to “Revocation.” Ah yes, the perfect camouflage to blend in with the Arizona desert landscaping, don’t you think? Lying in wait for the next nurse to come along……. Some of the citizens in our state who have been following my case and have followed the Board of Nursing’s activities a bit closer are irate that an agency that was set into place by the Arizona Legislature to protect the public and inform the public has made its own decision on what the public gets to read and know about and what “isn’t of their concern.” I can’t say I disagree. It is the public’s right to know who is who out there in the healthcare world, and its why people (aside from me) do actually read those minutes.

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The following letter was sent to me from a healthcare consumer who recently wrote the AZBON asking for information:

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1. The Board says it does not maintain “lists” — and yet it publicizes a regulatory journal quarterly that contains page after page of disciplinary actions and cases dismissed.

2. The Board advises that at the bottom of this letter :   “as for the reasons the nurses were reported to the board, the substance of the complaints received by the board is confidential pursuant to ARS such and such”

Really. OK. If it was truly that way then why do they maintain live streaming video of all board meetings for anyone across the nation to link in to, and why have they “listed” nurse after nurse who has to go before the Board in its Board Meeting Minutes for the past ten years?

If that’s really the case—then why is that very information publicized on individual nurses licenses, keeping them from finding gainful employment, while other nurses don’t get their complaints published?

Again, at least to me, its just another example of the AZBON playing another round of “eenie meanie monnie moe.” The last time I checked, the Arizona Legislature didn’t include that within the “powers and duties of the Board of Nursing.” Ive come to the conclusion that they assumed I didn’t have the ability (brainpower, will, IQ status)  to either read the Arizona Revised Statutes much less understand and apply it to the cases at hand.

It comes down to this: If you do it to one nurse, you do it to all nurses. It’s about justice and equality. If a nurse commits an offense and is disciplined for that offense===so should the next nurse be disciplined the same way for the same offense. If one nurse’s case is publicized to the world, all cases should be publicized to the world….

But…. I think we have  seen that this is all about the “Good ol’ girls club” in Arizona and its about who you know, how submissive or fearful you are and how willing you are to lay down and render yourself silent whether or not you get to be a nurse in this state. That has been the greatest disappointment to me throughout this whole ordeal…the sacrifice of what we are supposed to stand for and who we are supposed to protect and the oath we made to put others before self. A nurse is a nurse, whether working at the Board of Nursing, or as a nurse at the bedside. We are all connected. We are all subject to being moved by the ripple effect……whether it be in a good or bad way. But we all have a responsibility to not just the people, but to eachother, and to holding eachother accountable.

That is what this is about. And what it will always be about. They did wrong by so many of us—nurses, and patients. And now its time to be held accountable in the eyes of the public, the tax payers, the patients, lawmakers, and  peers. And you can bet I’m taking, and will take, every opportunity to do it.

Simply put, withholding the names and cases of any of the nurses who are reported to the Board appears downright shady. It makes the AZBON appear as if it has something to hide, or that they make personal and biased politically based decisions about what is in the public’s interest and what isn’t. As demonstrated in my previous blogs, the public has good cause to want to know more information about who the board is disciplining and who it isn’t. Members of the public (as well as state lawmakers) are right to begin questioning whether the agency is actually following and applying the state’s Nurse Practice Act. And so are nurses. Why? Because as the years go by, dealing with the Arizona Board of Nursing becomes more like engaging in a round of Russian roulette.

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There is a reason why they have a high rate of staff turnover. Seriously, who wants to conscientiously get up every morning, look in the mirror, and know they are about to spend the day contributing to the undoing of hundreds of nurses all over the state who worked hard to go to school and earn a living? Who wants to spend every day trying to live with what has to be done to cover things up so the Board looks pretty and shiny to the state and to the NCSBN? I mean, we can’t have Joey Ridenour looking anything less than stellar, right? Her political reputation precedes her, after all, both politically in Arizona and within the higher echelons of the profession. Quite literally the “Godfather” of Nursing in this state, attorney after attorney agree that she is so well connected  she’s “untouchable.” One staffer quoted to me that Executive Director Ridenour could “literally get away with murder, and avoid suspicion and questioning all together.” According to an attorney who works at the Board daily: “Some of my cases that I thought for sure would receive harsh discipline, because the offense warranted it, only received a slap on the hand, while others who had very minor offenses were given severe punishments.” So its of no surprise that the Arizona Board of Nursing has gotten away with some of the horrible outcomes it has in the past. Just who are they accountable to, anyway? I thought it was us. The people.

Valerie Smith: Special Consultant to the executive director

Valerie Smith: Special Consultant to the executive director

Joey Ridenour, Executive Director of the Arizona Board of Nursing

Joey Ridenour, Executive Director of the Arizona Board of Nursing

OVERVIEW OF ARIZONA’S PUBLIC RECORDS LAW

“Arizona law requires all officers and public bodies to maintain records reasonably necessary to provide an accurate accounting of their official activities and of any government funded activities. …

An officer is any person elected or appointed to hold office of a public body or any chief, administrative officer, head, director, superintendent or chairman of any public body. Public bodies include the state, counties, cities, towns, school districts, political subdivisions, or special taxing districts and any branch, department, board, bureau, commission, council, or committee thereof.

Records are defined as books, papers, maps, photographs, or other documentary materials regardless of physical form or characteristics, made or received by an governmental agency in pursuance of law or in connection with the transaction of public business and preserved by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of government. Examples of public records and other matters include calendars, reports, legal memoranda, policies and procedures, accident reports, training videos and materials, tape recordings of meetings where there are no written minutes, personnel records, case files, and data bases.

Every citizen in Arizona has the right to access public records upon request. Arizona Public Records Law specifically requires that public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours. Public agencies are required to promptly furnish the requested information. Access to a public record is deemed denied if a custodian fails to promptly respond.

It is best to request public records from the agency that owns or created the record. It is also advised to keep the scope of your request as narrow and specific as possible. Doing so will save time and expense for all parties. “

 

Basically, if you are a nurse who gets summoned before “The Board” in Arizona, there really is no predicting what will happen— despite the process that’s explained to you or the rules set forth by the agency, the Nurse practice act, or the powers and duties administered to them by the Arizona Legislature. You’re going in blind, and there is no point in having ANY expectations. I can only surmise that the latest stealth maneuver of attempting to hide portions of their public proceedings is the equivalent of what soldiers have to do in theatre: Strategize. Do it under cover. Employ all your Special Ops personnel (assistant Attorney Generals, Attorney Greg Harris and Valerie Smith) to make sure its carried off looking clean and legal, and go back underground as soon as possible. The only problem with that is…….there’s this  thing called Social Media,  it’s not going away anytime soon, and the Boards of Nursing & NCSBN don’t have jurisdiction over the entire world wide web and everyone who uses it. They need to get over it.  What’s more encouraging—they can’t stall progress. Our world is experiencing a technological boom—and no one can keep history from happening, or technology from advancing. No matter how many tantrums you throw. Life just happens anyway, with or without your approval, participation, or presence—-No one has the power to stop the world from changing,  or nurses and healthcare consumers from catching on to the fact that the use of one’s knowledge and voice has the potential to move mountains.

 

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Regulatory Excellence: Stepping Back Into The Shadows?

Valerie Smith: Special Consultant to the executive director

While working on my research this evening I noted that in the July 2014 Arizona Board of Nursing Meeting Minutes, the Board may have engaged in yet another session of “Eenie Meanie Monnie Moe” by deciding to no longer publish its rulings pertaining to “Letters of Concern” or “Cases Dismissed” for public access within the meeting minutes as it has been done in previous years. You can access the link HERE to decipher for yourself…..This is bad for several reasons. It is not in the public’s best interest to be kept from that information because (Sorry Valerie Smith I know you hate this) they have “the right to know.” If the Arizona Board of Nursing can publish “some” outcomes, they should be publicizing ALL outcomes. Its not just about inequity, its also about allowing the citizens of Arizona and members of the profession in Arizona to keep abreast of what is truly happening in the board room. The public has a right to be able to research things of this nature, just as members of the profession do, to ensure that the state agency is doing what it has been delegated to do by the Arizona State Legislature. Or has it forgotten that its existence is purely dependent on the Sunrise/Sunset Clause as set forth by the aforementioned Legislature?

It seems to me, that this is just another example of the Arizona Board of Nursing stepping back into the shadows, hiding. It’s in their best interest to be promoting ease of access to information, rather than making the public travel down to the board building itself in order to access the “lists” of those nurses issued Letters of Concern or Case Dismissals. (If you are familiar with trying to access ANYTHING at the Board’s offices you already know its like trying to pull a watermelon out of…..well, choose “A” or “B” and lets leave it at that.) If they have the money to install and maintain the technology for live streaming on their website, and to print, publish and distribute their regulatory journals to every legislator, nurse, and their tenth cousin three times a year then they have the ability to fix this little “glitch” in transparency. My most recent blogs have highlighted a grave inequity in disciplinary measures at the Board of Nursing, some of which have allowed potentially harmful practitioners to continue to be out in the public practicing, putting the public in direct danger. If the public and members of the profession do not have the access to the information required to remain in full disclosure of an Agency that is charged with overseeing not just the safety of the public but licensed carrying providers then that indeed is a problem. Not only will the members of the nursing profession in Arizona question the practices of this agency, but it also causes the public to question to what extent, if at all, the Arizona Board of Nursing is functioning in the best interests of its constituency……or perhaps to what degree it is serving its own needs……my guess is the latter of the two……but I could be a little biased.

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Time to Toss the Tiaras and Be Real.

Joey Ridenour, Executive Director of the Arizona Board of Nursing

 

None of us is that shiny ideal prettied up nurse we see in those fluffy commercials on TV that tempt people into our profession….In fact,  I’m kind of tired of seeing the same lame title given to nurses every year: “the most trusted profession in America.” Seriously? We all know why we shouldn’t be named that, or why we don’t deserve that honor.  Florence Nightingale, may she rest in peace, would be scoffing and rolling her eyes in her grave right now. Because she knows better. In fact, Florence was quite the hell raiser herself. Never one to be silenced or disregarded. She had her “things” and we all have ours. It didn’t make her any less of a nurse, and one hell of a pioneer at that—but she made mistakes like the rest of us have, and will. The difference between then and now is fact she could learn from the mistakes made, study them, find ways to prevent them, and continue on with her mission, her calling—caring for people. None of us will ever be perfect, especially now at a time where the practice of nurses and our control over it is rapidly unraveling…and our foundation—growing weak. Not only must we monitor those patients in our charge, keeping them alive another 12 hours, but we also have been forced to split our minds and souls in half because we ourselves have to be wary about the landmines all around us, or the quick sand ready to suck us down into the netherworld, everywhere we practice. It could be a doctor, another colleague, a nurse manager, an administrator, or even a patient who gets angry—that ends your career. Because, after all, everyone else is right “except” for the nurse. I always wondered if this was the reason Florence Nightingale didn’t like the idea of hospitals or sequestering the ill and injured in one place like that. Perhaps she knew it wasn’t good for either the nurses or the ill. Im sure she wouldn’t have liked what Boards of Nursing have evolved into either.

Can anyone tell me why Arizona TV reporters seem more interested in putting a spotlight on just one regulatory board and not the others?

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…..Especially because the very people who are hurting their colleagues and failing to put patients before politics have an RN after their name too. I did a little research into the Arizona Sunset Clause and the most recent Auditor General’s report (2011) on the Arizona Board of Nursing as I watched my favorite show “Criminal Minds” tonight, and I found some pretty interesting stuff that made me want to call up the Auditor General and say “Are we talking about the same board here?” Ever since I caught the quote made by then Board Member Kathy Malloch stating that “40% of all complaints received by the board never being opened” it really bothered me, it stuck with me. From what I read in the Auditor General’s report it seems that the Board has the power to determine which complaints have no merit or do not meet criteria to follow up with an investigation. I disagree. Who makes that determination and what criteria must be met? Because, as per the Auditor general’s report, it states that complaints are opened when there is the presence of a violation of the nurse practice act. I gotta tell ya Mr. Auditor General, they pulled one over on you. Because that certainly isn’t happening here. The following are some of the findings and recommendations of the Arizona Auditor General pertaining to the overall performance of the Arizona Board of Nursing and his recommendations (you may see a link to the recommendations and a rise in the dismissals of cases and letters of concern……makes you think…..) I mean, it made me stop and ponder, why I read in the Board minutes that the investigation times are shrinking and more cases are being processed……Someone’s got some splainin’ to do—to the PUBLIC!

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But first, some history on the Sunrise and Sunset Process in Arizona: “Established by Laws 1978, Chapter 210 Arizona’s sunset review process requires the Legislature to periodically review the purpose and functions of state agencies to determine whether continuation, revision, consolidation or termination is warranted. Sunset reviews are based on audits conducted by either the Office of the Auditor General (OAG) or a Committee of Reference (COR). Following the audit, a public hearing is held by the COR to discuss the audit and receive testimony from agency officials and the public.

Established by Laws 1985, Chapter 352, and expanded by Laws 2008, Chapter 132, Arizona’s sunrise process provides a mechanism for both health professions and nonhealth professions to request regulation and, for health professions, an expansion in scope of practice. The sunrise process begins when an applicant group presents the Joint Legislative Audit Committee (JLAC) with a report defining the need for regulation or scope of practice expansion. JLAC assigns the report to a COR for review and recommendation. The Joint Legislative Audit Committee “JLAC” is a 12-member committee consisting of 6 members from each chamber of the Legislature. Five members each are appointed by the President of the Senate and the Speaker of the House of Representatives based on the members’ understanding and interest in agency audits. JLAC membership includes an Appropriations Committee member from each chamber, and no more than three appointees from each chamber may be members of the same political party. Additionally, the President of the Senate and Speaker of the House of Representatives serve as ex-officio members. JLAC chairmanship alternates each year between the House and Senate. oversees all legislative and agency audit functions. Subject to legislative approval, JLAC appoints the Auditor General and directs all sunset, performance, special and financial audits and special research requests. JLAC is required to ensure that agencies comply with audit findings and recommendations and has legislative subpoena power.  

In order to facilitate the sunrise and sunset process JLAC:

1) assigns agencies subject to sunset review to a COR; 2) assigns sunrise review applicants to a COR; 3) determines whether the OAG or a COR will conduct an agency’s sunset audit; 4) directs the OAG or a COR to conduct audits; 5) oversees the preparation and introduction of legislation to delay a sunset review if the OAG or a COR is unable to complete the review according to schedule; 6) directs the OAG or a COR to conduct performance audit follow-up reviews; 7) assigns COR chairmen (JLAC has the statutory authority to appoint COR chairmen, but traditionally the chairs are selected by standing committee chairmen when appointing the members); and 8) meets quarterly or on the call of the chairman.”

 

The May 2011 Auditor General’s Report Concerning the Arizona State Board of Nursing

“Complaint processing delays allow unsafe nurses to continue practicing—Delays in resolving complaints may permit unsafe nurses to continue to practice without needed oversight or limits on what they are allowed to do. In one substance abuse- related case, where a nurse allegedly used a patient’s medication and removed a patient’s emergency kit containing narcotics, it took the Board more than a year to resolve the case. The delay was attributed to difficulty contacting and getting responses back from the nurse, extending the investigation 2 months for a substance abuse evaluation, and waiting 5 months for the nurse to sign a consent agreement”

   Rapid processing allows unsafe nurses to keep practicing! I can think of half a dozen instances over the past few years where nurses did worse than this and were given “Letters of Concern.” And yep, Mr. Auditor General, it could be your next nurse….

“Addressing three factors could improve investigation timeliness: (1) Substance abuse, psychological, and other board-ordered evaluations can prolong complaint investigations for 2 months or longer. If the Legislature gave the Board authority to allow its Executive Director to order such evaluations, as is the case with the Arizona Medical Board’s executive director, evaluations could be conducted earlier so the results could be considered when the Board first reviews the complaint investigation”

Oh she’s ordering them alright, but somehow all the right people aren’t getting them! Review the past board minutes Mr. Auditor General, and you’ll see what I mean. They get Letters of Concern too…..yup, right again, that could be YOUR next nurse. In fact, board ordered evaluations are actually on the rise and are taking up more investigative time. But somehow, the people who seem to really need them, are walking away back into the nursing world without them. Neat right?

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“The Board investigates and resolves complaints involving violations of board statutes and rules, such as any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public. The Board has an approved policy and guidelines used by board staff to determine whether to open a complaint upon receiving an allegation that a nurse or CNA violated a provision of the board statutes or rules, when a criminal background check or review of discipline history in another state indicates that such a violation occurred, or when an applicant for licensure or renewal self-reports such an act. After board staff determine that the allegations meet criteria to open a complaint, the complaint is sent through the Board’s triage process. Triage includes assessing the risk of the complaint allegation and determining priority based on concern for public safety (see textbox); subpoenaing initial information such as employment records, the involved patient’s medical records, and other documents; sending notification to the subject of the complaint; and assigning an investigator. In fiscal year 2010, the Board opened more than 1,600 complaints.

Following triage, board staff investigate the complaint allegations and prepare an investigative report that is used by the Board to deteremine whether to dismiss the complaint or issue a nondisciplinary letter of concern, or whether there is sufficient evidence of a violation that warrants disciplinary action. Board investigators obtain information regarding the complaint allegations by subpoenaing or requesting additional documents and by interviewing involved parties such as the complainant(s), witnesses, and the licensee/ certificate holder.

The Board’s Executive Director can resolve some complaints. Specifically, A.R.S. §32-1605.01 authorizes the Executive Director or designee to close complaints that meet criteria for dismissing the complaint or issuing a nondisciplinary letter of concern. For example, if the complainant does not wish to address the Board and there is no evidence substantiating the complaint allegations or demonstrating that a statute or rule violation occurred, the Executive Director or designee may dismiss the complaint. Complaints resolved by the Executive Director are collectively presented for the Board’s information on a board meeting consent agenda.”

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I think it would be nice if we as a profession knew what that process was, as well as the public. It goes to the issue of Transparency once more, but then again, the Auditor General has cited them on this issue in the past as well…….and if we are talking actual violations of the nurse practice act then for Gods sake why have the practitioners I have highlighted on my past few blogs walked away without a single flake of ash on them from the Arizona Board of Nursing? Why do we have a nurse practice act? To decide who to use it on and who not to use it on???

Perhaps they should take another read at the Auditor General’s recommendation: “When complaint resolution is delayed, patient safety may be affected. Specifically, licensees and certificate holders alleged to have violated board statutes and rules may continue practicing when they are unfit to do so, or may not quickly receive needed supervision.” (Yes this goes for all those Letters of No Concern issued to people who actually grossly violated the nurse practice act, abandoned their patients, used drugs in the workplace, abused elders, stole drugs, and had multiple DUI’s—not to mention falsifying medical records and forgery)

The Arizona Board of Nursing LOVES TO GO OVERBOARD ON USING SUBPOENAS……

According to the Auditor General: “In addition, the Board should also clarify its guidance for investigative staff that specifies when motor vehicle and law enforcement records should be subpoenaed. Board guidelines state that investigators should subpoena documents pertinent to the complaint and obtain relevant law enforcement and court records as applicable. However, in a review of 26 complaint cases, auditors found 3 cases where staff subpoenaed more information than necessary or relevant to determine whether there was probable cause of a violation to refer a complaint for a formal hearing or to offer the licensee/ certificate holder a consent agreement.1 Specifically, motor vehicle and/or law enforcement records were subpoenaed for complaint allegations related to practicing beyond the appropriate scope, making medication errors, and/or arguing with a patient. For these cases, motor vehicle or law enforcement records would not help determine if the alleged violations occurred. Therefore, the Board should clarify its guidance for investigative staff to specify when motor vehicle and law enforcement records should and should not be subpoenaed, based on the nature of the allegations, to help prevent board staff from obtaining unnecessary or irrelevant information.”

The Board currently subpoenas: Any and all medical records of nurses under investigation from any and all physicians. They also access any psychiatric records you may have out there. They also subpoena pharmacy records. Many of these actions are tactics that go way overboard into violating a nurse’s privacy. These actions should be reserved for prior drug offenders, abuse or neglect allegations, nurses involved with repeated sentinel events, or frequent DUI’s. Not every nurse needs to have his or her privacy violated by a state agency in this manner.

The Auditor General: “The extent to which the level of regulation exercised by the Board is appropriate and whether less or more stringent levels of regulation would be appropriate. This audit found that the current level of regulation exercised by the Board is generally appropriate.”

The Auditor General has obviously not read my blogs….

 

Here are some rough statistics from my research tonight:

Between 2013-2014:

70 nursing licenses revoked

61 nursing licenses surrendered

43 nurses placed on various forms of probation (keep in mind a nurse on probation in Arizona CANNOT get a job to save her life)

So lets add that up: That is 174 nurses taken out of or opting out of the nursing workforce here in Arizona for whatever reason…..How many nursing classes is that? The average nursing class is between 15-20 students? Now, multiply that by 10 years……Its roughly 1,740 nurses practicing at all levels of the profession who have literally disappeared from our midst.

I have yet to read the case files.

While we’re at it, let’s discuss the Auditor General’s recommendation regarding having evaluations done by the time the nurse presents before the Board and his/her case is considered. Well, its usually at the board meeting that the evaluation is ordered and the usual time frame for completion is 45 days. Which sets back the investigation times even further. While we are on the subject, giving Joey Ridenour free reign to personally decide what complaints get past the 10 mile high brick wall of the AZBON and which are bounced back never to be seen again was clearly a mistake (again, reference my past blogs) and allowing more latitude to order evaluations? NOT EVERY SINGLE NURSE NEEDS A DAMN PSYCH EVAL. (however, just about every nurse who has to deal with this Board needs a shot of tequila now and then)

Between 2013-2014: 117 Various Psychiatric Evaluations were ordered.

Now lets talk about all those lucky duckies who managed to float on out to the middle of the lake, far away from the grasp of Val Smith or Kathy Malloch or Joey Ridenour. The same lucky duckies, whom, according to the Auditor General, should have been disciplined……

Between 2013-2014: 234 cases were issued either a “Letter of No Concern” despite gross violations of the state’s nurse practice act, or cases were “Dismissed” for unknown reasons not stated in the board minutes.

Ironically, toward the end of the March 2014 Board of Nursing Minutes, it was decided to no longer publish the dismissed cases in the meeting minutes. Transparency at its best, yet again.

So, lets go back to former Board Member Kathy Malloch’s quote in one of the recent Nursing Regulatory Journals….. “40% of complaints are never opened or don’t meet criteria for investigation.” According to whom? And what is the criteria? I argue that the public, again, has the “right to know.” (I know you’re sick of hearing that Val Smith but its true.) So if we combine all of those Letters of No Concern, with those case Dismissals with the 40% that never get opened…….Just how many is the Board looking at, and what exactly is the criteria for their elusive, secret “eenie meanie monnie moe” method for choosing who gets dragged through “Dante’s Nine Circles of Hell” and who doesn’t?

So, Mr. Auditor General, Mr.. Ombudsman, any questions?

Give the People Light and They Will Find Their Way

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I wanted to say thank you for all the private messages of support today and also the wonderful encouraging posts. I have always always said “not one more nurse, not one more patient” and I meant that. Since Dr Keng Yu Chuang did what he did and the AZBON did what they did, as far as I am concerned they have a new watchdog that will be reviewing every single document I can get my hands on to make sure that horrible things don’t continue happening to nurses and to patients and Ill be using my blog to highlight inequities or any violations of the Arizona Revised Statutes I find. This has become a lifelong quest, one I will stand by as long as I am up and breathing. They earned themselves a watchdog that will always be off in the periphery somewhere……keeping an eye on things. Im doing it because the legislature is not doing it. If I can make changes that will prevent my colleagues from getting hurt the way me and so many others have been, then the work needs to be====has to be====done. No matter how long it takes or what it takes to get the information in the public eye. No one is immune from transparency and accountability when it has to do with the lives of patients and the people who work years to get their nursing licenses so they can make a decent living in this world. Government agencies should never hold that kind of power, that kind of ability to use toward good people.  I also do it in honor of those colleagues who have lost their lives to suicide because it was all too much to handle. I blame the AZBON for the loss of their lives because its where all their trouble started and when their lives went downhill….and these were good nurses who didn’t deserve what happened to them. No state agency has the right to so impact the lives of human beings, and devastate them, to the point people think that suicide is an option….or they get to that point where its their only option. I still pray about this every day and ask God if I am done yet, and the answer is always the same “this is the work I gave you to do, and you have to finish it.” Whenever I go against what God wants me to do in life, things get real bad real quick—-so I continue on. A watchdog of the AZ Board of Nursing…..for life. Ill never stop standing up for my colleagues, or speaking out===when they are too scared to. A scared nurse….cant truly protect his/her patients….and what greater threat to the public safety and well being is that?

Accountability + Transparency= Saving Lives!

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It’s the age of Obamacare, as most of you know it, and everyone from the healthcare consumer on up is running around confused or  clueless like chickens with their heads cut off trying to figure out how to navigate everything, at the right price, with the right people, in the right places……but somewhere in all of this new stuff a very important concept is being forgotten: Safety. It doesn’t just start in the doctor’s office either, just in case some of you thought that was where you were the safest…..It really starts with you. How you perceive the healthcare system right now, your knowledge of it, how you apply it to making sure you are getting the best and safest care for both you and your family. A doctor is not ultimately responsible, nor is a nurse. At the end of the day, patients (unless you are a child, a vulnerable older adult, in a coma, in a persistent vegetative state,  or developmentally impaired in some way) are their best advocates. No one knows your body as well as you, and no one can know what you want more than YOU. Depending on the era you grew up in you have certain preset values and beliefs pertaining to health and healthcare professionals….their “set places” and your role within all of that. For instance, babyboomers were taught that the doctor was always right, no matter what, no questions asked–and that a nurse was simply there to take orders and follow them through. Every generation approaches care differently and thus has a different sense of trust walking through the doors of the healthcare system.

But is the doctor’s office or a hospital or a clinic the only place we put our trust when it comes to making sure we as healthcare consumers are safe? Should we be trusting others to ensure our safety as well? Well, Yes AND No.  There is the Joint Commission, there is the Office for Civil Rights, there are the State Health Departments….and then there are the state boards. To be more specific–your state’s medical board and nursing board. These agencies are put in charge of ensuring that the healthcare providers out there caring for you are up for the job. They exist to protect you from those individuals who present a clearly chronic danger to the public safety via a variety of mechanisms. Surprisingly, healthcare consumers take it for granted that these agencies are doing just that.

Assuming is one of the root causes of why there are so many patient injuries and unnecessary patient deaths each year due to medical error, neglect, or abuse. Not only must healthcare providers be diligent in holding these agencies accountable, but so must state citizens—the healthcare consumers/voters themselves. Big government has proven time and time again that it is not infallible. My home state of Arizona is the perfect example of that. Our state’s medical board was put on blast for its unethical practices a few months ago by the State Ombudsmen’s office, and I am currently in the midst of my own ten year retrospective investigation into the activities of the Arizona State Board of Nursing for that same reason.

This legislative session a lot of focus was placed on increasing medical board oversight, despite my insistence that the Arizona Board of Nursing also be reevaluated and its outcomes studied to ensure that they too were doing what the state legislature expected of it. I also wanted to see patient safety legislation set into place that would allow healthcare workers to come forward if they saw any dangerous practices or unethical practices occurring during which patients were being harmed. In previous blogs I have cited the State Mental Hospital’s severe deficiencies (the nurses who work there know all about them yet failed to report), the MCSO jails, and now most recently the Phoenix VA Hospital has come under fire for some of the most atrocious healthcare ethics violations seen in quite some time.

     The topic of veteran’s healthcare is considered “sexy” in our state, journalists eat it up, report on it in the blink of an eye,  and perhaps its that appealing even in your state. It invokes passionate beliefs and expectations…..there are unspoken rules that should be followed….social mores that should never be broken when it comes to caring for and honoring the lives that have sacrificed so much for us and for our country to be what it is today. People don’t want to discuss patient safety when it has to do with prisoners or with mentally ill patients. BUT! They will get irate, demonstrate, make death threats, flood phonelines and radio talk shows when it’s our veterans who are being sacrificed so shamefully and needlessly. Remember two very important things here: 1.) Veterans don’t just go to VA facilities to get their healthcare. 2.) Don’t ever place all your trust and faith in a government that is inherently failing us to begin with when it comes to keeping us safe in the process of getting healthcare services.

Arizona is the classic example of this. Perhaps one of the worst examples. Because in each of the areas I cited above (county, state, federal healthcare settings) people failed to report out of fear. People knew bad things were happening and lives were being lost and did nothing about it. So when I get questions about why I am focusing so much on the Board of Nursing, its because they ARE INCONSISTENT AND the facts are there to support my belief that the overall safety of the public is not being protected. How many of you out there really hold your state government accountable for issues such as this without it being attached to gay rights or birth control or immigration? Remember two more words: Public Records.

The everyday lay person can attend medical board meetings and nursing board meetings to see what’s being discussed and how their processes work, and what kinds of cases are being presented for consideration of discipline. It’s our duty as not just healthcare consumers, but as tax paying citizens, to do the homework that holds  government agencies accountable for the work they are supposed to be doing, while maintaining consistent transparency all across the healthcare system….from the doctors office, to the hospital, right up to the agencies that oversee the people who give you that care. I am in an interesting position to do just that. I cant think of any other nurses in Arizona willing to do it (or who can without getting their careers slaughtered), so I will.  Too many of my colleagues are hurting right now and too scared, and we have had far too many instances of people getting injured in this state due to poor healthcare and poor oversight of the state boards we pay to protect people. What does Dr. Phil say? “You keep going, you keep trying, you keep talking, you keep writing….you keep ‘doing’…..UNTIL.”

     Nurses. Be proactive. Be Investigators. Be Leaders. Hold your state boards accountable. You don’t have to do it full blown and have your name out there, anonymity is always an option. Point a few journalists in the right direction—the right people to talk to, the right email addresses, the right documents, etc–and let them take it from there. I’ve read so many horror stories from nurses all over the country who tell me about their experiences with their State BoardS of Nursing and some of the terrifying unethical things that are done behind closed doors. But yet, no one stands up to say “Excuse Me? Are you actually ALLOWED to do that?” YOU ALL WENT TO SCHOOL FOR YEARS TO DO WHAT YOU DO. YOU CANT AFFORD NOT TO EQUIP YOURSELF WITH KNOWLEDGE OR TO SPEAK UP WHEN THERE ARE THINGS GOING WRONG THAT WILL JEOPARDIZE YOUR LICENSE (ILLEGAL OR NOT)

Write your legislators with fake email addresses and point them to the information they need and make suggestions for positive changes that can be implemented. Provide examples of legislation from other states….Go a step further. Visit with your state legislators under a fake name so your State Board doesn’t even have to know it was you going to interact with lawmakers. I learned that lesson the hard way—I heard second hand that some of the members of the Board would just stroll on over to the State Capitol or make a few phone calls to legislators to tell them I wasn’t in my right mind and then all of a sudden—BOOM. No more interaction with lawmakers……all communication flatlines, asystole, dead. I find it ironic that in nursing school we’re all required to do these projects that revolve around writing our legislators about healthcare issues when we can actually get in trouble for doing it! And try being aggressive about the legislation you want passed, like other citizens, and watch how quick a Board of Nursing gets “involved.”

     Here is a hint. Listen REALLY GOOD: Every single Board of Nursing has a legislative Liaison that tracks bills being introduced into your states Legislature that could directly or indirectly affect the Board of Nursing and how it functions at whatever level. It’s their job to notify the Board of such Bills and to strategize about how to lobby against it or how to support it better. Some Boards of Nursing can also WRITE THEIR OWN RULES and get them passed through the legislature via that same legislative liaison. It is this person’s job to represent the interests of the State Board of Nursing and protect those interests. This is where holding government agencies accountable and establishing (and maintaining) transparency are crucial.

     Take some time to do some investigating on a day you are at home parked on the couch in your favorite comfy clothes, a glass of wine, a dog on your lap (or cat) with a good Lifetime TV show for background noise and log on to your state board of nursing’s website. Who are your board members? How are they appointed? Are they actively working at the bedside? How long do they serve? Become familiar with everything within the site–especially the minutes for each board meeting. Usually they are uploaded in a .pdf format and can be downloaded….Here, you will see all the cases presented and some of the outcomes. Look for patterns. How many nurses had their licenses revoked in a specific year? What were the biggest reasons for revocation or suspension or probation? Does the discipline appear to be consistent or inconsistent? Are the numbers of revocations rising yearly??? If so—it would behoove you as a professional to find out why so many nurses are being yanked out of the profession in a given year within your homestate. Simply put: Ask the questions, find the answers, share the knowledge with others because knowledge always leads to empowerment…..something both nurses and patients lack a whole lot of these days…..

I also hear the words “its hopeless” from nurses and medical mal victims on Twitter and Facebook….perhaps I have even said them myself a time or two during this difficult battle. But I write because this is the only way I CAN HELP PEOPLE, I also do it to empower you—MY COLLEAGUES— to stand up, open your eyes, your mind, your curiosity, and start asking the questions and never stop trying to find the answers. Its what keeps you ten steps ahead of the game in the corporate nursing environment—-its Defensive Corporate Nursing 101.

Know your practice environment, to the greatest extent and to the greatest depths possible. I also write to empower my state’s healthcare consumers to start asking the important questions. I mean, its your dollars paying for the healthcare, and your life paying for the mistakes that are made or could be made each and every time you trust someone else with your care……would you rather be well informed of the trends in our state or naïve to the dangers? Not only can you access information on the state board websites, you can also log on to various websites to compare hospitals in your state to see who has the best healthcare outcomes. It’s that easy…..Unfortunately, its even easier to allow the status quo to continue and cry to the heavens when the system fails you…..

 

There is an answer for that too…..because we all allowed it to.

Tahiti in 2013: Did the Arizona Board of Nursing Take a Vacay?

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(people. that was a play on words. No one went to Tahiti.)

It appears as if 2013 was the year that the Arizona Board of Nursing had other things on their minds than fulfilling the agency’s “mission” to protect the public’s welfare, or perhaps Executive Director Joey Ridenour and her Special Consultant, Valerie Smith, were in Tahiti somewhere….On the agenda for 2013—- Taking pictures of patients’ body parts and posting them to Facebook, a patient wandering away from a facility, failing to follow physician orders resulting in the patient crashing and having to go to ICU, drug diversion in the workplace, abandoning patient assignments, overdosing patients, forgery, falsification of medical records, taking a gun to a home health visit……It appears they aren’t too concerned about DUI’s either. These were just some of the complaints addressed throughout 2013 at the AZBON. It was ironic to stumble upon the legislative liaison Greg Harris’s statements during the board meeting discussing how the Arizona Board of Nursing shouldn’t be focused so much on the legislature’s current spotlight on medical board oversight….rather, evaluating its own practices…… “Mr. Harris noted that the Legislation has been focusing on Medical Board issues but the focus should be on how AZBN runs and operates. What are our processes and procedures? He emphasized the need to understand the role of the Board member and staff, regulation, and do our jobs well. It is essential to make sure staff are equipped and prepared to do their jobs. It is the Board’s responsibility to converse with the Executive director, and identify issues from the public, and staff. Training is essential.”

     Well, I have to give it to him…..he tried. Erstwhile, the Board continues to put lots of decent nurses out of work by making it impossible for them to find jobs or to remain in the workforce by slamming down nearly impossible terms and conditions within their creatively designed consent agreements. Understand that when any nurse applies for ANY job in ANY industry, all the potential employer has to do is look up their license. So it isn’t just a nursing job nurses have a hard time procuring. If the potential employer looks up the records, that individual is walking into one hell of a stressful interview and interrogation when all they are trying to do is make a living. They will continue to experience this over and over again……after a while, imagine what this does to someone’s mind. Their self-confidence. This is how nurses end up stripped of their identities, out of work, in the unemployment lines, and on long-term DES benefits. Its how some nurses I know have ended up addicted to substances to cope, and have become mentally ill with frequent trips in and out of mental health facilities. The state of Arizona pays up either way. The legislature gives the Board more money for more “things,” the Board puts more nurses out of the workforce, and then the state pays money to support the out of work nurses. Now, that sounds pretty effective to me, don’t you think? And if the nursing board has done a number on a relatively decent nurse who has had minor offenses not involving patient harm—-they have, in essence, impaired –if not destroyed– his/her ability to make a living while allowing other nurses who have been a danger to the public and have harmed people to continue working within the profession. Greg Harris may be on to something…..perhaps he was trying to, in the nicest… most cautious way possible…. tell the Arizona Board of Nursing to WAKE UP!

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Here are the definitions of possible discipline per the Arizona Board of Nursing’s Website:

(Letters of Concern = No Discipline)

  1. REVOCATION: Licensee’s privilege to practice either as a practical (LPN) or professional (RN) is revoked for a period of five years. A nurse whose license has been revoked in the State of Arizona may make application to the Board for reinstatement after a period of five (5) years. The applicant must demonstrate that the reason for the revocation has been remediated to reduce the potential of harm and unsafe practice. (§ R4-19-404)
  2. VOLUNTARY SURRENDER: Accept a voluntary surrender of a license certificate.
  3. SUSPENSION: The period of suspension prevents the licensee from working as a practical (LPN) or professional (RN) nurse for definite or indefinite period of time.
  4. PROBATION: All licensed nurses (LPN or RN) on probation have work conditions and may have other mandated requirements. EMPLOYERS must be presented with a complete copy of the licensee’s Probated Order, including findings of fact, conclusions of law, and terms of the order.
  5. DECREE OF CENSURE: This disciplinary action is a public reprimand by the Board of Nursing for a violation of the Nurse Practice Act. It is in the form of a written document and does not impose any conditions on the practical or professional license.
  6. STAYED DISCIPLINARY ACTION: An action which is stayed will not be in effect unless the licensee violates any conditions of an order. For example, a nurse on probation with a stayed suspension is able to work under the stipulations of the probation order. If the nurse violates any condition of the order, the license is immediately suspended.
  7. LICENSE DENIED: An applicant for licensure in Arizona by either examination or endorsement may have their application denied. They will not be granted a license.
  8. CIVIL PENALTY: A monetary penalty of up to $1000 for each violation of the Nurse Practice Act.
  9. IMPOSTORS: Individuals who have represented themselves as nurses, and lack any valid or current nursing license in Arizona.

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Without further ado….the top 13 “Letters of No Concern” in 2013…and all the rest of the lucky nurses who are still out there having got off easy for gross offenses. You Rock.

  1. THE ARIZONA BOARD OF NURSING HAS THE ABILITY TO IMMEDIATELY SUSPEND A LICENSE IF THERE IS AN IMMEDIATE THREAT TO THE PUBLIC HEALTH, SAFETY OR WELFARE AND REQUIRES EMERGENCY ACTION PURSUANT TO A.R.S. 41-1092.11 (B) —WHY DID THIS NOT HAPPEN HERE???? OTHER NURSES WERE IMMEDIATELY SUSPENDED AND PLACED ON THE “CANDO PROGRAM” OR OTHER DISCIPLINARY MEASURES THAT INCLUDED ADDICTION COUNSELING ETC—– Quinn moved, Dalton seconded, and it was unanimously carried to modify the Conclusions of Law the violations in Paragraphs 1 through 9, and modify #7, to delete the word “not” paragraph 7 line 1 and delete last sentence, lines 5-8. Rationale for modifying ALJ recommended order: The Respondent demonstrated poor nursing practice, judgment and possible narcotic diversion on two separate occasions and at two separate facilities left her patients for long periods of time abandoning them leaving them at risk to not obtain proper nursing care. This absence could have caused patient harm. Respondent also found to have the medications morphine and Benadryl in her purse, enough evidence that the medications were in the purse because respondent placed them there. The medications could have been part of a possible medication diversion. Due to the issues of poor practice decision involving abandoning patients and a strong suspicion of drug diversion, the only way to assure the public safety is to order Respondent be placed on probation.       With probation the monitoring department can evaluate and monitor the Respondent to ensure that she has changed her practice of abandoning her patients and is not diverting medications. Quinn moved, Johnson seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the Administrative Law Judge Conclusions of Law and Findings of Fact, and as modified by the Board, issue an Order placing Respondent on probation to include the attached terms and conditions. If the Respondent is found to have a substance abuse disorder, probation will be at minimum 36 months with terms and conditions. If not found to have a substance use disorder, probation will be at minimum 18 months to include the attached terms and conditions

 

    1. BANNER DEL E WEBB HOSPITAL: Aranas was present and available for questions. Dalton moved, Berrigan seconded, and after discussion it was unanimously carried to issue a Letter of Concern for failing to take appropriate action to safeguard a patient’s welfare when or about April 26, 2012, while employed at Banner Del Webb Medical Center, in Surprise, Arizona, Respondent admitted he obtained a signature for a surgical procedure from patient R. R, though he was aware the patient had not received information about the procedure from the surgeon and on or about June 4, 2012, Respondent failed to perform a physical assessment on patient W.B. in a timely manner, resulting in a late finding of decreased oxygen saturation leading to an anoxic event which required the patient to be transferred to a higher level of care and extend his stay in the hospital.
  • Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow facility policy regarding transcription of physician orders on or about November 9, 2011, while employed as a RN at Connections Arizona in Phoenix, Arizona, resulting in an overdose of antipsychotic medications to patient L. A.

 

    1. ELDER: Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to ensure an emergency response team was called after a resident fell twice on October 10, 2012 as is mandated by R9-10-703.B; “A licensee shall ensure that a manager of an assisted living facility…when there is an accident, incident, or injury that effects the resident’s health and safety…Immediately notifies the representative, and if applicable…an emergency response team,” and violated a nursing standard of care which calls for taking appropriate action to safeguard a patient’s welfare.”
  • McCormies moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for administering a Lactulose enema to patient J.P., which is outside the CNA scope of practice, and in violation of your employer’s policies; and for failing to disclose that you were unfamiliar with the enema equipment, resulting in the enema cap being retained in the patient’s bowel, on or about October 28, 2012, while employed as a CNA at Flagstaff Medical Center in Flagstaff, Arizona.
  • Snider moved, Gutierrez seconded, based upon the findings of fact, statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure to be signed within 30 days or issue a Notice of Charges. After discussion, Snider withdrew motion. Snider moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for neglecting to check on the welfare of her assigned resident J.F. during the 2:30 p.m. to 10:30 p.m. shift on September 30, 2012 while employed as a CNA at Estrella Care Center in Avondale, Arizona and so were unaware he had eloped from the facility

 

  1. Kerrigan addressed the Board with additional information. Vagg was present and available for questions. Attorney Susan McLellan was present and addressed the Board. Dalton moved, Berrigan seconded, to issue a Letter of Concern for striking a coworker on or about December 29, 2011, while working as a staff nurse at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona. After discussion the motion carried with eight in favor and one opposed.
  2. Dalton moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for carrying a concealed handgun in to patient R.H.’s home during his monthly home health infusion visits on or around November 13, 2012 to on or around April 26, 2013 in violation of Preferred Homecare’s Employee Handbook and Preferred Homecare’s Human Resources Policies and Procedures, Policy #TE-05 Terms of Employment
  3. Quinn moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for taking unauthorized pictures of a patient’s body parts without the patient’s consent, on or about August 2011, using her personal cell phone in the operating room and then posting the pictures to her personal social media platform, Facebook, while employed as an RN at
  4. Kish was present and addressed the Board with additional information. Gutierrez moved, Johnson seconded, and after discussion, it was unanimously carried to issue a Letter of Concern for falsifying the medical record for patient B.W. by documenting that she conducted a home health visit at 1430 on January 14, 2012 and 1300 on January 21, 2012, when Respondent had not actually conducted home health visits with B.W. on those dates/times while employed at a LPN at Arrowhead Home Health, Phoenix, Arizona. After further discussion, Gutierrez moved, Johnson seconded, it was unanimously carried to rescind motion and dismiss the case.
  5. Johnson moved, Dalton seconded, and it was unanimously carried, Issue a Letter of Concern for altering M.F.’s general consent for surgery on or around January 31, 2012, by adding the word spinal to the type of anesthesia used after M.F. had already signed the informed consent form for general anesthesia while Respondent was employed as a RN at Mountain Vista Medical Center in Mesa, Arizona.
  6. Quinn moved, Busby seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue a Letter of Concern for practicing beyond her scope when she entered an order for a telemetry monitored patient to leave the unit, using the name of a physician who had not given the order, on or about November 13, 2012., while employed as an RN at Banner Thunderbird Medical Center in Phoenix, Arizona.
  7. Rappoport addressed the Board and confirmed receipt of additional information. Johnson moved, Harrell seconded, and it was unanimously carried to issue a Letter of Concern for administering a total of 5 Percocet tablets on June 20, 2012, in a 3-hour time period for resident R.L., while employed as a registered nurse at Montecito Acute Pain and Rehabilitation, in Mesa, Arizona.

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Nguyen was present and addressed the Board. Berrigan moved, Johnson seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for a Decree of Censure. If not signed within 30 days issue Notice of Charges. The motion failed with four opposed and two in favor. Quinn moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for signing a 24-hour chart review documenting that you had verified all orders for patient E.S. for the previous 24 hours, when you had not actually done so, on or about December 19, 2011; and for failing to timely carry out an order for a “stat” chest x-ray, resulting in delay of treatment of a resident with pneumonia, on or about June 27, 2011; while employed as a registered nurse at Life Care Centers of Scottsdale in Scottsdale, Arizona.

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Johnson moved, Quinn seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for a Decree of Censure if not signed within 30 days, issue Notice of Charges. After discussion, Johnson moved to rescind her motion for Decree of Censure. Snider concurred. Gutierrez moved, Snider seconded to issue a Letter of Concern for: (1) practicing without an APRN certificate from on or about October 15, 2012 through October 23, 2012; (2) for prescribing controlled substance prescriptions using your Colorado DEA license from October 15, 2012 through August 16, 2013; and (3) for prescribing prescription only medications from October 15, 2012 through August 19, 2013 after being notified by Medicare on December 12, 2012 that you were prescribing unlawfully in the state of Arizona

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Snider moved, Johnson seconded, to dismiss the complaint. The motion failed with four in favor and five opposed. Quinn moved, Dalton seconded, to issue a Letter of Concern for working outside the scope of an adult nurse practitioner, by performing psychiatric evaluations and initiating treatment in patients with complex psychiatric conditions from on or about November 2007 through February 2011. The motion failed with three in favor and six opposed. Snider moved, Johnson seconded, to dismiss the complaint. The motion failed with four in favor and five opposed. Quinn moved, Dalton seconded, to issue a Letter of Concern for working outside the scope of an adult nurse practitioner, by performing psychiatric evaluations and initiating treatment in patients with complex psychiatric conditions from on or about November 2007 through February 2011. The motion carried with six in favor and three opposed.

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Quinn moved, Johnosn seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report to issue a Letter of Concern for on or about February 17, 2011 and February 25, 2011, Respondent, who is a Family Nurse Practitioner (FNP), practiced outside the scope of a FNP when she diagnosed patient RB with Adult Attention Deficit (ADD) and provided him with a prescription for Adderall, a schedule 2 stimulant. Additionally, Respondent failed to obtain previous medical records supporting the patient claims of being diagnosed with ADD.

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Attorney Ann Fulton-Cavett was present and addressed the Board. Copeland was available for questions. Guiterrez moved, Post seconded, and it was unanimously carried to issue a Letter of Concern for filling out prescriptions refills for two children, signing the providers name to the refills, and faxing the prescriptions to the pharmacy in Tucson, Arizona.

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Quinn moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for failing to document a verbal order in a patient’s medical record which reschedules the patient’s Insulin Glargine Pen 20 units from a morning administration time to an evening administration violation of the standard of care which requires that licensed nurses will maintain accurate patient medical records and on or around May 28, 2013 while Respondent was employed as a RN at Mountain Vista Medical Center in Mesa, AZ, Respondent failed to follow the facility’s Heparin Protocol by sending a patient’s blood for Prothrombin Time testing (“PT”) instead of for Partial Thromboplastin Time (“PTT”) during the 12-hour day shift that Respondent was working.

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Quinn moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for posting to her personal Facebook page on or around January 31, 2012 that you had a bad day following the death of a patient in the operating room in violation of facility policies including, HIPPA Confidentiality 3174 (II.A), (III.B.6) and Social Media Policy 12324 (III.C) while she was employed as a RN at Banner Thunderbird Medical Center in Glendale, Arizona and for failing to complete a pre-operative checklist on patient H.C. on January 20, 2012, while she was employed as the circulating RN at Banner Thunderbird

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Phillips was present and addressed the Board. Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for sleeping on duty on May 29, 2012, while employed as an LPN at Innovative Home Health, Phoenix, Arizona

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After discussion, McCormies moved, Gutierrez seconded, and it was unanimously carried to continue with current probation until terms have been met, and issue a Letter of Concern for testing positive for alcohol in a random urine drug screen on or about September 7, 2012.

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Harrell moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for administering diphenhydramine (Benadryl) to a patient multiple times without a medical order from January 2012 through March 2012, while employed at Fresenius Medical Care-Bullhead City Dialysis, in Bullhead City

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Jordan was not present and was not represented by legal counsel. Snider moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for allegedly sharing confidential patient information with a former roommate.

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Attorney Elizabeth Peterson and Imholz were present and addressed the Board. Hunter addressed the Board and confirmed the receipt of additional information. Post moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for prior concerning work history, including but not limited to, a pattern of poor communication practices while employed as a RN at various facilities in Arizona in or around 2010 to present.

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DO POTENTIAL SEX OFFENSES STILL GET TO WORK DURING THE INVESTIGATION? Chambers addressed the Board and confirmed receipt of additional information. Attorney Guy Buckley, Lewis, and Pencak were present and addressed the Board. McCormies moved, Quinn seconded, and it was unanimously carried to making a finding of reasonable cause based upon the allegations in the investigative report and at no cost to the Board, issue an Interim Order for a psychosexual misconduct boundary violation evaluation

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DO POTENTIAL SEX OFFENSES STILL GET TO WORK DURING THE INVESTIGATION? Valiente was present and addressed the Board. Harrell moved, Gutierrez seconded, and it was unanimously carried, making a finding of reasonable cause based upon the allegations in the investigative report and at no cost to the Board, issue an Interim Order for a psychosexual misconduct/boundary violation evaluation by a Board approved evaluator, and to include any additional testing deemed necessary by the evaluator, to be completed within 30 days and then return to the Board.

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DUI: Gutierrez moved, Berrigan seconded, and it was unanimously carried, based upon the findings of facts identified in the investigative report, upon meeting all licensure requirements, grant licensure and issue a Letter of Concern for the misdemeanor DUI conviction on March 29, 2012, in the Apache Junction Justice Court, for failure to disclose the misdemeanor domestic violence charge on April 8, 2006 in the Chandler Municipal Court, and for failure to disclose the misdemeanor domestic violence charge on March 14, 2008, in the Apache Junction Justice Court.

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Quinn moved, Dalton seconded, and it was unanimously carried to grant licensure and issue a Letter of Concern for on or about October 16, 2012 Applicant tested positive for Morphine in her pre-employment drug screen with Flagstaff Medical Center.

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DUI: McCormies moved, Quinn seconded, and it was unanimously carried to issue a Letter of Concern for on or about May 2, 2012, in case number TR- 2012001256, in the Scottsdale City Court, in Scottsdale, Arizona, convicted of Extreme DUI 1ST BAC > = .20, a class one misdemeanor.

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McCormies moved, Berrigan seconded, and it was unanimously carried, upon meeting all licensure requirements, grant license, and issue a Letter of Concern for Applicant’s misdemeanor arrests and/or citations for domestic violence and alcohol related incidents on October 19, 2006, April 3, 2007, and July 15, 2007

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Harrell moved, Post seconded, and it was unanimously carried to issue a Letter of Concern for pre-signing that you administered J.S.’s afternoon medications in J.S.’s medication administration record on or around April 21, 2012 even though you had not administered any of the afternoon medications to J.S. while you were employed as a LPN with Hacienda Healthcare in Phoenix, AZ.

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DUI: McCormies moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for self-administering an Ambien on or around 1/23/2013 and then driving a vehicle and resulting in an arrest in Scottsdale, Arizona; admitting that you either took an expired Ambien from an old prescription that belonged to you or you took one of your mother’s Ambien.

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McCormies moved, Quinn seconded, and it was unanimously carried to issue a Letter of Concern for documenting medications not yet given and assessments not yet done, while employed at John C. Lincoln Hospital, Deer Valley, Arizona, in or about July 2007.

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Orosco was present and available for questions. McCormies moved, Dalton seconded, and it was unanimously carried to grant registered nurse license and issue a Letter of Concern for preparing medications for patient D.M., and handing them to another RN who administered them to patient M. F. in error, resulting in M.F.’s hospitalization for observation on or about June 26, 2012 at Discovery Nursing and Rehab in Vancouver, WA

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Johnson moved, Busby seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for the March 24, 2005 conviction for Failure to Provide ID, a misdemeanor, in Apache Junction, Arizona; the August 29, 2004 arrest in Tempe, Arizona, resulting in a TASC Drug Diversion Program for Possession of Dangerous Drugs, a felony, and Drug Paraphernalia, a misdemeanor, which were dismissed after successful completion of the program; the admission of previous drug addiction and current alcohol use; and the diagnosis by Dr. Lett, a Board approved evaluator, of Methamphetamine Dependency in Full Sustained Remission, who also opined that Respondent’s light social use of alcohol and positive family history of chemical dependency are seen as risk factors for activating an active substance use disorder.

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Quinn moved, Dalton seconded, and it was unanimously carried, upon meeting all requirements, grant certification and issue a Letter of Concern for Applicant’s criminal conviction in California on November, 19, 1999 for threaten crime with intent to terrorize, a misdemeanor and in Arizona on December 18, 2010 for the criminal conviction for DUI, a misdemeanor.

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DUI: Quinn moved, Johnson seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Letter of Concern for Respondent’s DUI misdemeanor conviction in the City of Phoenix Court on September 12, 2011, in Phoenix, Arizona.

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Dalton moved, Johnson seconded, and it was unanimously carried, based upon the findings of facts identified in the investigative report, upon meeting all licensure requirements, grant licensure and issue a Letter of Concern for Respondent’s conviction for Assault- Domestic Violence, a misdemeanor on June 16, 2012 in the Peoria City Court, Peoria, AZ.

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Quinn moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statue and rule violations identified in this investigative report, to issue a Letter of Concern for practicing beyond her scope as a registered nurse on or about December 21, 2012, when she flushed a patient’s Pleurx chest drainage catheter without having a hospital policy and procedure in place, while employed as an emergency room nurse at Banner Gateway Medical Center, in Gilbert, Az

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Berrigan moved, Snider seconded, and after discussion, it was unanimously carried to issue a Letter of Concern for inadvertently squeezing a resident’s arm too tightly during care leaving bruises on her arm on June 30, 2012 while employed as a CNA at Glendale Care Center in Glendale, Arizona. After discussion, the motion carried with six in favor and two opposed.

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Snider moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for failing to change a resident known to have a leaking catheter, from 4:00 p.m. until 9:30 p.m. while employed as a CNA at Santa Rosa Care Center in Tucson, Arizona on September 15, 2012.

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M Meade was present and available for questions. Quinn moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for a patient’s impression that Respondent was unaware of how to care for her and disregarded infection control techniques on November 5 through 7, 2012 and for practicing out of her scope as a CNA when she attended to surgical drains and incisions while employed as a CNA at Villa Home Care in Scottsdale, Arizona.

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Elam was present and available for questions. Snider moved, Johnson seconded, to issue a Letter of Concern for the positive drug screen for Methamphetamines on or about October 9, 2011, in Phoenix, Arizona. After discussion, Snider withdrew the motion and moved to dismiss the complaint. Johnson concurred. The motion carried unanimously.

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Furline was present and addressed the Board. Quinn moved, Gutierrez seconded, and it was unanimously carried, upon meeting all requirements, to grant license, and issue a Letter of Concern for the October 30, 2007, arrest on the charges of Offensive Touching, Unauthorized Use of a Vehicle, and Criminal Mischief in Newcastle County, Delaware, and for the February 9, 2012, arrest for Battery/Domestic Violence in Las Vegas, Nevada.

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Gutierrez moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for three residents’ perception that she was rude and rough on August 5, 2012, while employed as a CNA at C Johnson moved, Busby seconded to issue a Letter of Concern for testing positive for cannabinoids during a pre-employment urine drug screen that was performed on or around July 11, 2012 at Scottsdale Healthcare Osborn in Scottsdale, Arizona. The motion carried with nine in favor and one abstained.

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January 2013

NON COMPLIANCE WITH BOARD ORDERS: Kerrigan was present and available for questions. Attorney Rob Chelle was present and addressed the Board. Johnson moved, McCormies seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to issue a Letter of Concern for the September 13, 2012, no-show random urine drug screen and for initially failing to disclose the real reason to Board staff for the no-show and to allow respondent to continue on the Order.

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DUI: Telles was present and addressed the Board. Dalton moved, Berrigan seconded, and after discussion it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for her August 29, 2012 misdemeanor conviction for Driving Under the Influence in Phoenix, Arizona.

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Gherna was present and addressed the Board. Snider moved, Gutierrez seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for arrests or citations occurring on or about October 3, 1995, October 30, 1995, May 2, 1996, May 16, 1996, September 2, 1998, March 26, 1999, September 24, 2001, March 7, 2003, and July 11, 2003 in Tucson, Arizona; and an arrest on March 20, 2004, in Scottsdale, Arizona.

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DUI: Munoz was present and addressed the Board. Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for the October 24, 2011, misdemeanor Extreme DUI conviction in Phoenix, Arizona.

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DUI: Donnell was present and addressed the Board. Berrigan moved, Gutierrez seconded, to issue a Letter of Concern for March 14, 2012, misdemeanor Extreme DUI conviction in Prescott, Arizona. After discussion, Berrigan amended the motion to read: for complaint #1, to issue a Letter of Concern for March 14, 2012, misdemeanor Extreme DUI conviction in Prescott, Arizona; and for complaint #2, to dismiss the complaint. Gutierrez concurred. The motion carried unanimously.

Rappoport addressed the Board with additional information. Arrossa was present and addressed the Board. Quinn moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for administering a 2 mg Morphine Sulfate liquid sublingually to patient C.E., without a physician order on or about June 4, 2012, while employed as a Hospice Nurse Case Manager by Casa de la Luz Hospice, in Tucson, Arizona.

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Are there alternatives to things like this that will help a nurse continue his/her work instead of disabling them from the workforce? Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 24-month stayed revocation with the license suspended during the first 12 months and on probation the second 12 months, followed by a 24-month probation including the attached stipulations. If not signed within 30 days, issue Notice of Charges.

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But I enter a computer order for a case management consult and provide patient education materials and get my license revoked: Post moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the physician prior to writing a telephone order on patient D.A. on or around December 16, 2011, in violation of Policy PCI.034 Accepting Written, Verbal and Telephone Orders while employed as a RN at Mercy Gilbert Medical Center in Gilbert, Arizona.

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DUI: Padilla was present, telephonically, and addressed the Board. Quinn moved, Berrigan seconded, and it was unanimously carried to grant certification upon meeting all requirements, and issue a Letter of Concern for the July 27, 2012, conviction of DUI, a misdemeanor, in Tucson City Court, in Tucson, Arizona.

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DUI: Rhodes was present, telephonically, and available for questions. Snider moved, Dalton seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for the June 14, 2012 conviction for DUI-BAC.15, a misdemeanor, in Mesa, Arizona.

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Another cruel example of disabling a nurse from working no one hires a nurse under these conditions: McCormies moved, Dalton seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 24-month stayed revocation with the license suspended during the first 12 months and on probation the second 12 months, followed by 24-months probation, including the attached stipulations. If not signed within 30 days, issue Notice of Charges. After discussion, the motion carried with eight in favor and one opposed.

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NON COMPLIANCE WITH BOARD ORDER: An attempt was made to contact Bunton, telephonically and a message was left that the Board would move forward with the case. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations indentified in the monitoring non-compliance report, to issue a Letter of Concern for respondent’s positive Urine Drug Screen (UDS) for Amphetamines on November 1, 2012, and allow her to continue with Order

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NON COMPLIANCE WITH BOARD ORDER: Nelson was present and addressed the Board. McCormies moved, Dalton seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to allow respondent to continue on with the Order and excuse the missed urine drug screen (UDS) from September 26, 2012.

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DUI: Snider moved, Gutierrez seconded, and it was unanimously carried to grant certification upon meeting all requirements, and issue a Letter of Concern for the September 30, 2011, conviction of DUI, a misdemeanor, in Pima County Consolidated Justice Court in Pima County, Arizona.City, Arizona.

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DUI: Johnson moved, Quinn seconded, and it was unanimously carried to issue a Letter of Concern for the March 21, 2012, misdemeanor Extreme DUI conviction in Sierra Vista, Arizona

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ELDER: Gutierrez moved, McCormies seconded, and it was unanimously carried to rescind the September 20, 2012 Board decision and issue a Letter of Concern for restraining a resident with a gait belt at the instruction of an LPN on March 16, 2012, while employed as a CNA at Chinle Nursing Home in Chinle, Arizona.

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ELDER: McCormies moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for yelling at one resident and reportedly telling another to “shut up” while employed as a CNA at Desert Highlands in Kingman, Arizona resulting in termination of his employment.

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ELDER: Johnson moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow-up on Resident J.G’s complaints of pain with the resident’s nurse on November 13, 2011, or document her assessment while employed as an LPN at Westchester Care Center in Tempe, Arizona.

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ELDER: Post moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for inappropriately addressing a resident using foul language on May 12, 2012, while employed as a CNA at Highland Manor Health and Rehabilitation in Phoenix, Arizona.

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March 2013

Quinn moved, Gutierrez seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue a Letter of Concern for, while visiting a friend, P.N., on or about December 15, 2001, who was a patient at Banner Thunderbird Medical Center in Phoenix, Arizona, allegedly practicing beyond her scope by removing P.N.’s Foley catheter, and for initially saying she inserted the Foley catheter and later recanting her statement.

 

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DUI: Johnson moved, Gutierrez seconded, and it was unanimously carried, upon meeting all requirements, to grant licensure and issue a Letter of Concern for the December 13, 2011, conviction of extreme DUI (Driving Under the Influence) with a BAC of .20 or more, a misdemeanor, in the Mesa Municipal Court in Mesa, Arizona.

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DUI: Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for the conviction of DUI (Driving Under the Influence) .08% or Higher, a Misdemeanor, and DUI .20% or Higher, a Misdemeanor, in the Superior Court of California, San Luis Obispo, California on August 29, 2011

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ELDER: Gutierrez moved, Quinn seconded, and it was unanimously carried, to issue a Letter of Concern for receiving a complaint from St. Luke’s Medical Center in Phoenix, Arizona, on or about October 10, 2011, alleging that she engaged in abusive and threatening behavior toward patient M.R. while working as a RN in the Special Care Unit on or about October 25 & 26, 2011.

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NON COMPLIANCE WITH BOARD ORDERS: Galan addressed the Board and confirmed receipt of additional information. Snider moved, Harrell seconded, and it was unanimously carried to issue a Letter of Concern for the January 11, 2013, no-show random urine drug screen and allow Respondent to continue on with the Order.

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NON COMPLIANCE WITH BOARD ORDERS: and issue a Letter of Concern for the missed urine drug screens on December 26, 2012, January 3, 2013, and January 17, 2013, and allow Respondent to continue on with the Order.

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WHY NOT JUST REVOKE, THIS NURSE WILL NEVER WORK AGAIN: Quinn moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 24-month stayed revocation with the license suspended during the first 12 months and on probation the second 12 months, followed by a 24-month probation, and to include the attached stipulations. If not signed within 15 days, issue Notice of Charges.

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Dalton moved, Berrigan seconded, based upon the findings of fact and statute/rule violations contained in the investigative report, to issue a Letter of Concern for a medication error made on or about August 29, 2012 and for mislabeling lab specimens on or about October 6, 2012 while employed as a registered nurse at Yavapai Regional Medical Center in Prescott, Arizona. After discussion, the motion carried with seven in favor and two opposed

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NON COMPLIANCE WITH BOARD ORDERS: Michael was present and addressed the Board. Busby moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for the January 28, 2013, no-show random urine drug screen and allow Respondent to continue on with the Order.

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NON COMPLIANCE WITH BOARD ORDERS: McCormies moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for the September 11, 2012, no-show random urine drug screen, and excuse the January 24, 2013, no-show random urine drug screen due to illness, and allow Respondent to continue on with the Order.

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May 2013

Attorney Ken Baker was present and addressed the Board. Shepis was present and available for questions. Quinn moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for a twelve (12) month probation to include the attached stipulations and allow Respondent to continue to work as a Home Health RN with Bright Star Home Health under audited supervision by one supervisor which shall include a minimum of two monthly telephonic evaluations with Respondent’s patients to assess the appropriateness of Respondent’s nursing care and conduct, as well as a minimum of two chart audits per month. If not signed within (30) days, issue Notice of Charges.

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NON COMPLIANCE WITH BOARD ORDERS: Galan addressed the Board and confirmed receipt of additional information. Nelson was present and addressed the Board. Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for your April 10, 2013 no-show for a random urine drug screen, in violation of your Board Order; and lift Respondent’s stayed revocation probation and place Respondent on standard probation pursuant to her Board Order.

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NON COMPLIANCE WITH BOARD ORDERS: Johnson moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for your April 25, 2013 failure to provide a random urine drug screen, as required by your Board Order; and allow Respondent to continue with his stayed revocation/probation.

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NON COMPLIANCE WITH BOARD ORDERS: McGeary was present telephonically, and addressed the Board. Gutierrez moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for non-compliance with the terms and conditions of the Order, including: failure to complete the 24 month work requirement; failure to meet supervisory conditions

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ELDER: Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to check a resident’s brief during your shift and neglecting to report a change of the resident’s condition to your charge nurse on December 23, 2012 while employed as a CNA at Desert Haven Care Center in Phoenix, AZ.

NON COMPLIANCE WITH BOARD ORDERS: Estavillo was present and available for questions. Quinn moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for the April 26, 2013 no-show random urine drug screen, allow Respondent to continue on with the Order and all related Amendments, and revert Respondent to standard probation.

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Kent was present and available for questions. Quinn moved, Dalton seconded, and it was unanimously carried, based on the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for a 12-month stayed revocation/suspension to be followed by 24 month stayed revocation/probation and 12 months of probation and to include the attached stipulations. Allow Respondent’s stipulated agreement, signed December 28, 2010 and effective January 26, 2011 to remain in effect until the matter is resolved. If not signed within 30 days, issue Complaint/Notice of Hearing.

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Non-Compliance/Compliance with Board Orders V.C.1. Amanda Trujillo RN137552   (Galan) Johnson recused herself from the meeting at 1:15 p.m. An attempt was made to contact Amanda Trujillo, telephonically and a message was left that the Board would move forward with the case. Galan addressed the Board. Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the Consent Agreement and Order (attached hereto), and the information contained in this Monitoring Report, deny Respondent’s request to amend the Order. (Valley Home Care had offered me the chance to work for them because I couldn’t find a job—and the director was going to not only supervise me, but assist me with fulfilling all of the consent agreement requirements so I could complete the probation and still have an income—the board voted NO)

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Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for accessing fellow employee’s personal records in the health care record system in violation of agency policy intermittently since 1995 at Southern Arizona Veteran’s Administration Health Center, Tucson, Arizona.

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July 2013

DUI: Dalton moved, Post seconded, and it was unanimously carried to issue a Letter of Concern for a misdemeanor Extreme DUI conviction on March 14, 2012, in Scottsdale City Court, Scottsdale, Arizona. After discussion, Quinn amended motion to delete Findings of Fact #3 and Rule #23. McCormies concurred. The motion carried unanimously.

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DUI: Post moved, Harrell seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for her 2001 misdemeanor conviction for petty theft and 2nd degree burglary, and her 2004 Misdemeanor conviction of DUI

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Dalton moved, Snider seconded, and it was unanimously carried, upon meeting all licensure requirements, grant license and issue a Letter of Concern for being impaired on prescription medication while on duty on or about May 21, 2010, at Johnston Memorial Hospital, Smithfield, North Carolina, which resulted in completion of a Consent Agreement for a twelve month probation from the North Carolina Board of Nursing

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McCormies moved, Post seconded, and it was unanimously carried, based on the findings of fact, statute/rule violations identified in the Investigative Report, issue a Letter of Concern for while employed as a CNA at Grace Hospice in Tempe, AZ December 1, 2012 to March 19, 2013, Respondent falsified times of patient visits, hours worked and mileage on March 18, 2013 and April 8, 2013 and wrote on his Board questionnaire received on May 15, 2013 that he knew this behavior was not in line with what is expected of a CNA or aspiring nurse

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Post moved, McCormies seconded, and it was unanimously carried, upon meeting all licensure requirements, grant licensure and issue a Letter of Concern for failing to carry out an order for cardiac telemetry on or about April 5, 2012 while employed as a RN at Chandler Regional Medical Center, Chandler, AZ.

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Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the Findings of Fact and statute/rule violation identified in the investigative report, offer a Consent Agreement for a suspension not to exceed 24 months pending the completion of a substance abuse and boundary violation evaluation by a Board approved psychiatrist and the successful completion of treatment recommendations resulting from the evaluation and/or confirmation is received from either the evaluator or treatment providers that Respondent is safe to return to practice, to be followed by a minimum 36 month stayed suspension/probation to be followed by a 12 month standard probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges.

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September 2013

DUI: Dalton moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for a misdemeanor driving under the influence (DUI) conviction on June 20, 2012 in the Tempe Municipal Court in Tempe, Arizona.

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DUI: Snider moved, Dalton seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for the March 13, 2013 conviction of misdemeanor extreme DUI in Pima County Consolidated Justice Court, Tucson, Arizona.

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DO POTENTIAL SEX OFFENSES STILL GET TO WORK DURING THE INVESTIGATION? Quinn moved, Johnson seconded, 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 psychological evaluation focused on sexual misconduct, boundaries, and ethics

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Busby moved, Berrigan seconded, and it was unanimously carried, grant licensure upon meeting all requirements, and issue a Letter of Concern for her August 6, 2008, arrest by the Ramsey County Sheriff’s Office (Minnesota) for aiding an offender to avoid arrest, which did not lead to charges being filed; and her April 24, 2011, one-year stayed entry of judgment for disorderly conduct, a misdemeanor, which was dismissed on December 18, 2012, in Hennepin County Court, Minnesota

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DUI: Busby moved, Berrigan seconded, and it was unanimously carried, based upon the findings of facts identified in the investigative report, upon meeting all licensure requirements, grant licensure and issue a Letter of Concern for: August 15, 2001 misdemeanor DUI- Methamphetamine, and Unauthorized Possession of a Syringe, in Anaheim, California. September 5, 2002, misdemeanor DUI of a controlled substance in Costa Mesa, California. September 22, 2002, misdemeanor DUI of a controlled substance, in Costa Mesa, California.

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Busby moved, to issue a Letter of Concern for violating the privacy of a patient and Arrowhead Hospital’s Information Security Agreement, while employed as an RN in September 2012, regarding computerized information systems that states: “… To access only computer systems, equipment and functions as required for the performance of my responsibilities …” After discussion, Busby withdrew the motion.   Johnson moved, and Busby seconded, based on the Findings of Fact, statute/rule violations identified in the Investigative Report, it was unanimously carried to offer a Consent Agreement for a Decree of Censure to be signed within 30 days or issue a Notice of Charges.

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Busby moved, Gutierrez seconded, and it was unanimously carried to accept the signed Consent Agreement and Order No. 1106096 for a Stayed Suspension with Probation for a maximum period of 48 month, with terms and conditions, as settlement in complaint no. 1106096.

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Busby moved, Johnson seconded, and it was unanimously carried to grant motion for review. Johnson moved, Busby seconded, to rescind prior Order of Denial. Post moved, Berrigan seconded, to grant licensure and issue a Letter of Concern for the felony conviction in Washington, March 18, 2004, for endangerment with a controlled substance.

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DUI: Busby moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Letter of Concern for the October 2011 arrest and conviction of extreme DUI and DUI.

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November 2013

Berrigan moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for failing to document nursing care and failing to follow physician orders and timely deliver of nursing care on or about April 6, 2012 and May 31, 2012 while employed as a RN at Tucson Medical Center in Tucson, Arizona.

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DUI: Post moved, Dalton seconded, to grant licensure upon meeting all requirements, and issue a Letter of Concern for Applicant’s July 11, 2012 DUI and Extreme DUI with Alcohol Concentration of .15 or Greater convictions in Phoenix Municipal Court (AZ) case number 14005091. The motion carried with six in favor and four opposed.

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Quinn moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for administering Lantus insulin 30 units in error to a patient on or about July 8, 2012, while employed as a RN at Banner Gateway Medical Center in Mesa, Arizona.

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DUI: Busby moved, Gutierrez seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for his January 11, 2006 misdemeanor conviction of DUI in Scottsdale, Arizona; and his April 1, 2009 misdemeanor conviction of DUI in Phoenix, Arizona.

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ELDER: Busby moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for grasping a resident’s arm so tightly that fingerprints were left on the resident’s arm while employed as a CNA at Apache Junction Care Center in Apache Junction, Arizona, on or about October 7, 2011.

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Post moved, Busby seconded, and it was unanimously carried to grant certification upon meeting all requirements and issue a Letter of Concern for failing to disclose her October 11, 2009, felony charge for Knowingly Possessing or Using Cocaine on her nursing assistant application to the Board.

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Amanda Trujillo (V. Smith) Val Smith confirmed the receipt of additional information. Attorney Teressa Sanzio was present and addressed the Board. Johnson moved, Harrell seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, issue Complaint and Notice of Hearing. (Because I had violated the consent agreement, though I had emailed the board several times to tell them about lack of employment, inability to secure a job, losing the house, losing the car, ongoing health issues and then asking to work at Valley Home Care when I was invited back by the director)

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McCormies moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for providing a patient an enema to self-administer on or about August 2, 2012, without a provider’s order and for failing to document the patient’s complaints of abdominal pain in a sick note or document self- administration of the enema while you were employed as a LPN with Pinal County Correctional Health Services. The motion carried with six in favor and three opposed.

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Johnson moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for your being charged on or about June 12, 2011, and convicted on or about November 2, 2011 in the Missoula, Montana Municipal Court, of DUI, refusal to submit to a breath or blood test, failure to stop immediately at a property damage accident, and interfering with traffic while backing; and for failure to notify the Board within 10 days of being charged as required by Arizona Revised Statutes §32-3208 and Arizona Administrative Code Rule 4-19- 403(28).

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DUI: Busby moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for his January 29, 2010, conviction, pursuant to a guilty plea, of driving while intoxicated, a misdemeanor, in Smith County Court in Smith County, Texas; his July 9, 2010, charge of driving while intoxicated in Smith County Court in Smith County, Texas, which ultimately led to a January 31, 2011, conviction of reckless driving, a misdemeanor, in Smith County Court in Smith County, Texas; his failure to report the charges to the Board within 10 days as required by statute and rule, and his failure to cooperate with the Board’s investigation.

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Kerrigan addressed the Board with additional information. Busby moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, offer a Consent Agreement for a minimum 36-month Stayed Revocation with the license suspended during the first 12 months and on Probation the second 24 months, followed by a 12- month Standard Probation, and to include the attached stipulations. If not signed within 15 days, issue Complaint and Notice of Hearing.

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ELDER: Dalton moved, Johnson seconded and after discussion, it was unanimously carried to issue a Letter of Concern for raising her voice and/or yelling at residents and throwing a resident’s shoes on the floor while employed as a CNA at Springdale Village Care Center in Mesa, Arizona, on or about October 2011 through December 20, 2012.

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ELDER: Busby moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for abandoning your patient assignment on or about November 2, 2012 while employed as a CNA at North Mountain Medical Rehab in Phoenix, Arizona.

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Arizona Board of Nursing 2004: The Top Twenty…or Thirty “Whatever Events”

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(If you’re not a nurse or patient and just want to read the discipline report, scroll down now)

     If you remember anything about patient related scandals you see on television remember the word “Systemic.” Our healthcare system is not patient centered. Everything is all about strategic goals and bringing in the revenue to keep the ship sailing and keep it the biggest prettiest ship sailing the ocean so everyone will want to be on “that one” and not all the rest……We have state boards that have little to no oversight, conflicts of interest (I was told that board member K. Malloch may have had a financial contract with Banner Health at the time of my case and there was another member from Banner Health on the board at the time my case was first presented) that write their own rules giving them more power, and the ability to pick and choose who to discipline or not discipline regardless of the accusations or charges….and they can pretty much do what they wish, when they wish, to whom they wish. Call it their version of  ” eenie meanie monnie moe. ” I don’t recall any discipline being doled out to AZBON Nurse Investigator Nikki Austin when it was discovered she was working without an active JD license during a good portion of my investigation…….but I digress. This is, after all, Arizona. The saying “It is what it is” applies here.

Anywhoo…..Today I was reading an article in the Arizona Republic in which a sixteen year veteran employee who was working as a physician at the Phoenix Veteran Affairs Hospital testified that the facility had become a “breeding ground for horizontal violence within the workplace…where the employees who stand up to wrongdoing are subjected to bullying, false charges and career destruction.” (sound familiar Frank, Steve, Emem, Sara, and Anjali at Banner Del E Webb Hospital?) Dr. Katherine Mitchell goes on to explain that “no matter how critical the issue is to patient care or safety, senior officials will deliberately avoid the problem by covering up any evidence of a deficiency (Sound familiar nurse managers Venus Gaines, Frank Fausto, Michelle Winters, and Denise Hebert?)

Though Ive not heard a word from any of my nursing professors from Northern Arizona University since the Banner Health debacle occurred and I initiated my social media awareness campaign. (I’m quite sure they are horrified one of their own did what I did) I still abide by their teachings of nursing theory, what nursing is, what ethics means, and that you treat every human being in your charge as you would your own family member—in your decision making and in your actions. My dad, by the way, is a Vietnam Vet caught up in all this business and you can bet I’m mad as hell about it. I wonder how many nurses at this facility kept quiet and didn’t report wrong doing—but then again, the AZBON would probably just issue “Letters of No Concern” to them too……

Unfortunately, abiding by a code of ethics or an oath, possessing a shred of human decency, morals, and values does not fit in with the current profit based and profit driven healthcare system. I will reiterate again, that no one was with me and my patient the night of April 12, 2011. No family, no friends, no nurse manager (though he had every opportunity to go in and verify my concerns by doing his own independent assessment….)My patient didn’t want all the things that were done to them. What they wanted was to go home and make amends and be with family. What they wanted was to cease the poking of needles, the tests and procedures, and the lack of rest they were experiencing at the hospital.

It isn’t just the VA Healthcare System that persecutes its employees for going against the status quo and having a conscience. They aren’t the only healthcare system targeting those employees who do have a sense of right and wrong, the ones who can clearly delineate between inhumane treatment of people and preserving what every living breathing person is entitled to===basic human rights. Banner Health System was no better than the VA in this situation with me and my patient. I reported up the chain of command, no one enacted the patient safety policy in place when a healthcare provider reports potential danger or wrongdoing, and I was promptly placed on administrative leave and fired seven days later for putting the hospital at “increased liability” by arranging for the case manager to come visit with the patient. I was turned over to the Arizona State Board of Nursing to defend my license and clear my name against the charge of going out of my scope of practice. My refusal to admit wrong doing resulted in a thorough review of my entire career history, a bogus psych eval in which I spent no more than 5 minutes with the actual doc and the rest of the day having my brain tested via different tests, and yet he had a huge report filled with things to say…oddly enough it looked like a regurgitation of the nurse investigators report…… and a lot of creative writing on behalf of the nurse investigator Nikki Austin, who took past errors and embellished details to the point I looked like a monster of a nurse. A rogue practitioner. A danger to others. In her words “a nurse who pushes people toward death.” Yeah, those words stuck with me too, over the years, they still make my blood boil. Anyone ever heard the term “Gaslighting?” I think it’s part of the orientation at the AZBON…….

During the time I was employed at Banner Del E Webb I had reported several other patient safety issues to the appropriate department and I suspect the last incident with this patient was the final straw for the risk management people in Human Resources. At one point in time almost my whole unit was on contact precautions because they were inappropriately placed on a lot of IV antibiotics without evidence of any infection and had developed dangerous super infections as a result of that. I had also reported a physician who would not respond to my urgent calls when his patient was having an acute stroke. In addition to these reports, I also brought to their attention the fact physicians were coming in early and charting progress notes on patients they hadn’t even seen yet—mine specifically, that end of life patients were being denied appropriate relief for air hunger and pain relief, and that physicians would yell and hang up on me in the middle of the night when I called with acute patient concerns.

VA Physician whistleblower Dr. Mitchell reiterates what I have been telling state legislators all along since 2011 and why I have been trying to get legislation passed to protect healthcare providers: “Employees today still risk backlash for bringing up patient care problems, identifying misuse of facility resources and questioning the prohibited personal practices…” So, let’s consider a pretty simple question—what is more important these days? The paycheck and career ladder, or the safety and well being of human beings we are trusted with caring for???? Everyone at the VA knew what was going on for years and it probably would have gone on for many more years had a newly retired physician not spoken up—-how many lives might he have changed if he had come forward sooner??? How many vets would still be here among us, alive, healthy, and enjoying their families and retirements? My father could have been one of those who died, and I am thankful that he still is alive and breathing and on a few of those “lists” rather than gone from us.

When you make the choice to become a whistleblower your life is never the same and you can’t find work because the Arizona Board of Nursing publishes everything on its public page for about ten years. A whistleblower in Arizona is a criminal in Arizona—period. When you make the choice to come forward in favor of what is right, and just, you must be prepared for all the consequences that go with it. I will be honest…..I was not prepared for it. I have paid dearly, but I have been asked over and over again to admit I was wrong that night in what I did for my dying patient at their request or that I was wrong to come forward and talk to the media via radio, tv, and social media—to this day I have refused to admit any wrong doing for those actions because they were within my scope and duty and oath. Ill admit to having made mistakes in my career like everyone else, but Ive  never wavered and submitted to a forced admission that what happened with me and my patient was wrong. I take accountability for mistakes I make, not the ones I do not make. That was one of the biggest problems with my case—-in each instance I was asked to just admit I was wrong I refused to do it, or to admit that I shouldn’t have done anything–again, I refused to do it. I truly wish the 70 employee whistleblowers from the VA luck with this, and I hope they come from a strong foundation of inner truth, because its what is required to survive the fallout of coming forward and displaying what the American Nurses Association likes to use as buzz words: “Moral courage.”  Hint: Hospital Institutions bristle when they hear those words–you’re not supposed to really display it or act on it!

In the spirit of the article published today in the Arizona Republic I present to you the last installment of: “Ongoing Regulatory Excellence at the AZBON in 2004. ” You will see some gross inequities in discipline, you will see extensions granted to nurses on consent agreements (I was denied that right though I had asked due to several hardships) and you will see some instances of reported elder abuse…..which raised a question in my mind…..if these individuals are turned over to the Board of Nursing for abusing elderly residents who is liable for making the report to the officials that handle those things? Arent there laws that state there are certain instances that require mandatory reporting? Not that it mattered in my case….(sigh) but I guess it’s just one more thing to put on my list of things to research……

In short. Being a healthcare whistleblower is a bloody mess. (Forgive the pun)

(Letters of Concern=No discipline)

 

January 2004

(AS I RECALL, SHE WAS WORKING WITH INACTIVE CREDENTIALS WHILE ON MY CASE…) Nikki Austin, attorney for Chandler Regional Hospital, was present and addressed the Board. The Board directed staff to refer Chandler Regional Hospital to DHS for hiring a new graduate as an RN when he did not have an RN license, and to open a complaint on Troy Garland RN098923 for allowing an unlicensed individual to perform duties and use the title required by a licensed person.

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Miller was present, telephonically, and addressed the Board. Malloch moved, O’Connor seconded, to continue the investigation to allow Miller to successfully complete a 16 hour DUI Level II Education Class and a MADD Victim Impact Panel, to be completed within 60 days, or deny certification. If the 16 hour DUI Level II Education Class and MADD Victim Impact Panel are completed within 60 days, grant certification with a Letter of Concern for the May 26, 1995 conviction of possession of marijuana in Coconino County Superior Court in Flagstaff, Arizona, and for the March 2, 1999 conviction of driving with a BAC of .10% or more in Mohave County Justice Court in Moccasin, Arizona. After discussion, Malloch amended the motion to include: request Miller to complete a urine drug screen by 5 p.m. this day, January 22, 2004. O’Connor concurred. After discussion, the motion failed with three opposed and three in favor.

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Campbell moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for a misdemeanor domestic violence conviction on or about December 5, 2003.

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Williams was present and available for questions. Campbell moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for a criminal assault charge resulting from a verbal and physical altercation with a coworker at Devon Gables Health Care in Tucson, Arizona on or about November 10, 2003.

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Harris moved, Malloch seconded, and it was unanimously carried to reopen Agenda Item V.H.6. Lopez was present and addressed the Board. Twigg addressed the Board with additional information. Malloch moved, Harris seconded, and it was unanimously carried to issue a letter of concern for failing to document a resident’s blood sugar level and administration of insulin at 9:00 p.m. on or about August 2, 2001 while working at Posada del Sol Health Care Center in Tucson, Arizona through Dependable Nurse Kathleen Lambert, attorney, was present and addressed the Board. Malloch moved, Campbell seconded, and it was unanimously carried to issue a letter of concern for appearing to be sleeping on duty while working at Kino Community Hospital in Tucson, Arizona.s, Inc.

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Malloch moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for destroying orders written by another health care professional from a medical record on or about April 11, 2003 while employed by Yavapai Regional Medical Center.

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Malloch moved, Hardy seconded, and it was unanimously carried to reopen Agenda Item V.I.12. Crawley moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for the unauthorized removal of medications from the workplace on or about 2004, while employed at HealthSouth in Glendale, Arizona.

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Ogden moved, Malloch seconded, to issue a letter of concern for failing to follow the chain of command to ensure that 12 inmates received 15 doses of medications on February 15, 2004, while working at the Arizona Department of Corrections. After discussion, the motion carried with four in favor and three opposed.

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Lang was present and available for questions. Malloch moved, Hardy seconded, to issue a letter of concern for failing to document the notification of the physician about late decelerations on a fetal monitoring strip on October 10, 1996 while working at Arrowhead Community Hospital. The motion carried with eight in favor and one abstained.

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Sage addressed the Board with additional information. Harris moved, Hardy seconded, to issue a letter of concern for reportedly pushing a resident in her wheelchair and causing it to hit the wall and to have struck the resident on her back on July 25, 2004, while employed as a CNA at Good Shepard Villa in Mesa, Arizona. The motion carried with seven in favor and one abstained

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Hardy recused herself to avoid the appearance of impropriety, and left the meeting at 5:49 p.m. Crawley moved, Harris seconded, and it was unanimously carried to issue a letter of concern for taking a non-prescribed controlled medication (Oxycodone) and a June 6, 2003 positive urine drug screen while employed as a professional nurse at Western Arizona Regional Medical Center in Bullhead City, Arizona.

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Mason was present and addressed the Board. Campbell moved, Ogden seconded, and it was unanimously carried to issue a letter of concern for reportedly being rough in the care of two residents, causing them to incur skin tears, and speaking harshly to others at Sunview Care Center on June 21, 2004.

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Ogden moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for applying unordered restraints by placing a resident in a wheelchair with the brakes locked and positioning her behind tables in the dining room in such a way that she could not leave, on August 20, 2004 while employed as a CNA at Westchester Care Center in Tempe, Arizona.

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Moore moved, Harris seconded, and it was unanimously carried to issue a Letter of Concern for the misdemeanor arrest on March 8, 2003 for domestic violence, and July 1, 2003 for criminal damage in Tucson, Arizona.

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Harris moved, Ogden seconded, to issue a Letter of Concern for testing positive for marijuana on a pre- employment drug screen for Beatitudes Campus of Care on January 5, 2001 and for allegedly borrowing money from a resident at Highland Manor on or about June 30, 2002. The motion carried with three in favor and two opposed.

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Curtis was present, telephonically, and addressed the Board. O’Connor moved, Harris seconded, and it was unanimously carried to grant certification with a Letter of Concern for the June 21, 1990 conviction

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for theft over $250, a class 6 open-ended felony which was designated a felony on August 2, 1990, for the September 13, 1990 conviction for 2 counts of burglary in the 2nd degree, a class 3 felony, and 1 count burglary in the 3rd degree, a class 4 felony in Pima County Superior Court in Tucson, Arizona.

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Sage addressed the Board with an amendment to the Investigative Report, to delete (11) under Potential Violations of Rules. Harris moved, Campbell seconded, and it was unanimously carried to issue a Letter of Concern for an arrest for DUI with a BAC of over .08% on February 23, 2002, and subsequent conviction on March 18, 2002, and an arrest April 20, 2002 and subsequent conviction May 13, 2002 for possession of an open container of alcohol in a moving vehicle.

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Torrez addressed the Board with additional information. O’Connor moved, Campbell seconded, and it was unanimously carried to issue a Letter of Concern for asking a staff member to remove valium and document that it had been wasted so she could give it to her husband who had run out of his supply of medication on or about October 14, 2003, while employed at Beverly Healthcare South Mountain in Phoenix, Arizona.

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Campbell moved, Johnson seconded, to issue a letter of concern for administering medication to A.W. that had been discontinued on another resident, and for failing to ensure A.W. received the her own medication for several weeks thereafter, in April 2004, while working at Immanuel Campus of Care in Peoria, Arizona. The motion carried with seven in favor and two opposed.

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Campbell moved, Johnson seconded, to issue a letter of concern for failing to ensure that residents who went on a bus tour on February 25, 2004 had appropriate pass orders, and for failing to document their departure and return, and for omitting an IV antibiotic, failing to notify the appropriate staff that it was not given, and for incomplete documentation regarding a resident who went to the hospital, while working at Infinia Esperanza Manor, in Phoenix, Arizona. After discussion, Campbell withdrew the motion. Ogden moved, Malloch seconded, and it was unanimously carried to issue a letter of concern for omitting an IV antibiotic, failing to notify the appropriate staff that it was not given, and for incomplete documentation regarding a resident who went to the hospital, while working at Infinia Esperanza Manor, in Phoenix, Arizona.

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Lavant was present and addressed the Board. Harris moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for pre-pouring controlled medications and failing to waste controlled medications according to facility policy on February 24 and 25, 2004, and incorrectly withdrawing medications for two patients on February 14 and 16, 2004, while employed by Maricopa Integrated Health System.

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O’Connor knows Robin Marshal, but shows no bias. Torrez addressed the Board and confirmed receipt of additional information. Glenmah Clark, complainant, was present and addressed the Board. Rauch- Adams was present and addressed the Board. Campbell moved, Gagnaire seconded, to issue a Letter of Concern for failing to review the medical record entry on or about July 18, 2002, which stated that Decadron was not to be administered, subsequently administering Decadron 10 mg. to G.C. on or about August 9, 2002, and for lacking consideration of the patient and their wishes at the time of care, while employed at Hematology & Oncology Associates in Scottsdale, Arizona. The motion carried with four in favor and one opposed.

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Jetson was present and addressed the Board. Munger addressed the Board with a technical correction to the Investigative Report. Malloch moved, Ogden seconded, and it was unanimously carried issue a Letter of Concern for failing to contact the physician, obtain a physician orders, make an assessment of the patient with regard to suicide risk, or make an entry in the medical record on August 5, 2003 while working at Scottsdale Behavioral Health in Scottsdale, Arizona.

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Pavlina addressed the Board with technical corrections to the Investigative Report. Malloch moved, Campbell seconded, and it was unanimously carried to issue a Letter of Concern for reportedly being inappropriate verbally and physically with a resident between June 9, 2003 and June 13, 2003 while employed by Evergreen Sun City Health and Rehabilitation Center in Sun City, Arizona.

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Campbell moved, Harris seconded, and it was unanimously carried to issue a Letter of Concern for an allegation of shoving a resident in the back who was in a wheelchair, causing pain that required medication, and for using inappropriate language on January 30, 2003, while employed by Sunbridge Park Villa Care and Rehabilitation in Tucson, Arizona.

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Harris moved, O’Connor seconded, and it was unanimously carried to issue a Letter of Concern for pulling a resident’s hair and “thumping her on the hand” as she was trying to enter the kitchen area on July 11, 2003, at Scottsdale Village Square in Scottsdale, Arizona.

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O’Connor moved, Campbell seconded, to rescind prior Board motion of April 24, 2003 for a Consent Agreement for a $50 Civil Penalty, and issue the attached Letter of Concern for throwing water into the face of a patient on or about August 6, 2002, while employed as a private sitter for the patient in Tempe, Arizona. After discussion, O’Connor amended the motion for the Letter of Concern to read: for failing to insure that patient rights were protected while employed at Westchester Care Center in Tempe, Arizona. Campbell concurred. The motion carried unanimously.

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Harris moved, Ogden seconded, and after discussion, it was unanimously carried to rescind prior Board motion for a Consent Agreement for a $50 Civil Penalty, or proceed to hearing, and issue the attached Letter of Concern for possible failure to respect a client’s rights and dignity as represented by her possible terse, abrupt and demeaning manner in caring for residents on July 30, 2002, while working at Westminster Village in Scottsdale, Arizona.

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Malloch moved, Ogden seconded, to issue a Letter of Concern for an inappropriate interaction with a patient on or about October 2, 2003, which resulted in termination of employment from Freedom Manor in Phoenix, Arizona. The motion carried with five in favor and one opposed.

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Pavlina addressed the Board and confirmed receipt of additional information. Kirk was present and addressed the Board. Campbell moved, O’Connor seconded, to issue a Letter of Concern for speaking rudely to patients in February 2003, while employed by Friendship Village of Tempe in Tempe, Arizona. After discussion, the motion carried with five in favor and one opposed.

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Malloch moved, O’Connor seconded, and it was unanimously carried to issue a Letter of Concern for reportedly being rough in a resident’s care on August 22, 2003 while employed as a CNA at Life Care Center of Yuma.

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Saiz was present and available for questions. Harris moved, Ogden seconded, and it was unanimously carried to rescind the prior Board decision of July 24, 2003, and issue a Letter of Concern for the June 4, 2002 incident of a resident stating she had been struck two times on the shoulder with a hitting or pushing motion while employed at Carondelet Health Network in Nogales, Arizona.

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March 2004

Campbell moved to issue a Letter of Concern for failing to assess and intervene on behalf of a patient complaining of pain on or about May 2, 2003 while employed at the Arizona Department of Corrections in Perryville, Arizona. The motion failed. Harris moved, O’Connor seconded, and it was unanimously carried to offer a Consent Agreement for a Decree of Censure, or proceed to hearing.

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Gagnaire, Malloch, Campbell and O’Connor know Sue Hollabaugh, but show no bias. John Nicgorski, attorney,and Orchard were present and addressed the Board. Ogden moved, Crawley seconded, and after discussion, it was unanimously carried to offer a Letter of Concern for inconsistent pain medication documentation on four patient Medication Administration Records and administering a medication without a physician order, from on or about March 5, 2003 to on or about March 11, 2003 while employed by John C. Lincoln, North Mountain Hospital in Phoenix, Arizona

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Teressa Sanzio, attorney, and Russell were present and addressed the Board. Crawley moved, Ogden seconded, and it was unanimously carried to issue a Letter of Concern for taking Darvocet that was not prescribed for personal use on or about December 27, 2002 and for not declaring the use of Darvocet to the MRO in conjunction with a for cause urine drug screen while employed by Hospice of the Valley.

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Campbell moved, Harris seconded, and after discussion, it was unanimously carried to issue a Letter of Concern for yelling at a resident while employed as a CNA at Desert Life Rehab and Care Center in Tucson, Arizona on July 30, 2003, and failing to cooperate during the Board investigation.

O’Connor moved, Harris seconded, and it was unanimously carried to issue a Letter of Concern for falling asleep while caring for a client resulting in a one hour delay in checking his blood sugar on or about June 20, 2003, while employed by Care Coordinator’s Inc. and providing care to a client in a home setting.

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O’Connor moved, Harris seconded, and it was unanimously carried to issue a Letter of Concern for unprofessional conduct toward residents in or about May 2002, while employed as a CNA at The Gardens Care Center in Kingman, Arizona

 

May 2004

D. Jay Ryan, attorney, was present and addressed the Board. Fuss was present was present and available for questions. Campbell moved, Ogden seconded, to issue a letter of concern for striking a handcuffed patient on the side of the head to get his attention on February 20, 2004, while working at Hu Hu Kam Hospital in Sacaton, Arizona. After discussion, Campbell amended the motion to change the word “striking” to “slapping”. Ogden concurred. The motion carried with six in favor and one opposed.

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Davis was present and addressed the Board. Rebecca Woodbury and Linda Maschner were present and addressed the Board. Ogden moved, Moore seconded, to issue a Letter of Concern for stashing a box of medications in the ceiling in November 2003 and for setting medications for others to pass, as well as passing medication which other nurses have set up, while working at the Arizona Department of Corrections from July of 1996 to the present.

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Twigg addressed the Board with additional information. Moore moved, O’Connor seconded, and it was unanimously carried to issue a Letter of Concern for failing to personally report to the Board a licensed practical nurse who said she was a registered nurse and who gave him a photocopy of a license that appeared to be altered.

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Negroni was present and addressed the Board. Pavlina addressed the Board with additional information. Malloch moved, Moore seconded, and after discussion, it was unanimously carried to issue a Letter of Concern for the alleged use of inappropriate language when speaking to a resident and for slapping the hand of another resident on December 8, 2003 while employed as a CNA by Desert Sky and Rehabilitation in Glendale, Arizona, for complaint #1, and offer a Consent Agreement for a $50 Civil Penalty to be signed within 30 days, or proceed to hearing, for complaint #2.

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Cisneros was present, telephonically, and addressed the Board. Moore moved, Ogden seconded, and after discussion, it was unanimously carried to issue a Letter of Concern for using inappropriate language in dealing with a client while employed at Posada Del Sol in Tucson, Arizona on or about July 29, 2003.

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Ogden moved, Campbell seconded, and it was unanimously carried to issue a Letter of Concern for failing to document a patient’s complaint of discomfort at her intravenous (IV) site, the discontinuation of the IV, and the time a new IV was started, and for incorrectly documenting the time an IV antibiotic was administered on February 24, 2002, while working as a licensed practical nurse at Boswell Hospital.

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Malloch moved, O’Connor seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify supervisory staff immediately about resident TL’s change in condition on October 6, 2002 while employed at The Fountain Retirement Hotel.

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July 2004

Ogden moved, Harris seconded, and it was unanimously carried to issue letter of concern for failing to assure caregivers consistently document medications given to residents while working as an Assistive Living clinical coordinator at The Place at Tanque Verde in Tucson, AZ, and refer complaint to Nursing Home Administration Board.

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Malloch moved, Ogden seconded, and after discussion, it was unanimously carried to rescind the Notice of Charges adopted on May 19, 2004 and issue a letter of concern for speaking to a patient in a manner that made her feel threatened in October of 2003, and on November 19, 2003, while working through Aloha Registry at Phoenix Memorial Hospital.

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Campbell moved, O’Connor seconded, to offer consent agreement for a 12- month practice probation to include the attached stipulations or hearing. After discussion, Campbell amended the motion to include as a stipulation: therapeutic communication course. O’Connor concurred. After further discussion, Campbell amended the stipulations to include: completion of a communication/interpersonal skills course. O’Connor concurred. The motion carried unanimously

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Hembise was present and available for questions. Malloch moved, O’Connor seconded, and after discussion, it was unanimously carried to letter of concern for failing to follow facility policies related to medical record documentation, following physician instructions, and providing patients with incorrect information while employed at Mayo Hospital Clinic in Scottsdale, Arizona from on or about May 2003 to September 2003.

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September 2004

COULD ONE REQUIREMENT AT LEAST BE TAKING A COURSE RELATED TO SAFE DRIVING BEFORE GRANTING A LICENSE???? Greenlee was present and addressed the Board. Malloch moved, Hardy seconded, and it was unanimously carried to grant licensure upon meeting all requirements, with a letter of concern for a misdemeanor conviction for DUI on November 19, 1993 in Volusia County Florida; the felony and misdemeanor conviction May 17, 1989 for aggravated assault on a police officer and DUI Volusia County, Florida; the March 29, 1988, felony conviction for aggravated assault on a police officer and misdemeanor DUI in Volusia County, Florida; and the April 1, 1986 arrest for disorderly intoxication from which adjudication was withheld in Ormond Beach, Florida.

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ANOTHER APPLICATION FOR LICENSURE WITH THE SAME ISSUES……SEE ANY DIFFERENCE???? Tolliver was present and addressed the Board. Campbell moved, Molleo seconded, and it was unanimously carried to grant licensure upon meeting all requirements and signing a consent agreement for a 24 month probation, with stipulations amended to include: drug testing, abstain from alcohol within 12 hours of duty, abstain from unauthorized drug use, proof of prescription, notification of practice setting, quarterly performance evaluations, direct supervision, night shift prohibited, registry/home health prohibited. If not signed within 30 days, deny licensure based upon the information contained in the investigative report. If an informal settlement conference is requested, the authority to settle is limited to the terms of the consent agreement offered at this meeting

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Harris moved, Malloch seconded, to issue a letter of concern for allowing new graduate nurses who did not possess an RN license to administer medications and complete patient assessments and sign the medical records as GN while employed at Chinle Dialysis Services in Chinle,

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Arizona on or about August and September 2003. After discussion Malloch withdrew her second. Ogden seconded the motion. After further discussion the motion carried with eight in favor and one opposed.(Nurse #1)

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Judith Berman, attorney, was present and addressed the Board. Begay was present telephonically and addressed the Board. Campbell moved, Johnson seconded, to issue a letter of concern for allowing new graduate nurses who did not possess an RN license to administer medications and complete patient assessments and sign the medical records as GN while employed at Chinle Dialysis Services in Chinle, Arizona on or about August and September 2003. The motion carried with eight in favor and one opposed.   (nurse #2)

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Andreas was present and addressed the Board. Judith Berman, attorney, was present and available for questions. Malloch moved, Crawley seconded, to issue a letter of concern for allowing new graduate nurses who did not possess an RN license to administer medications and complete patient assessments and sign the medical records as GN while employed at Chinle Dialysis Services in Chinle, Arizona on or about August and September 2003. After discussion, Malloch withdrew the motion. Campbell moved, Crawley seconded, to offer a consent agreement for a decree of censure or hearing. After discussion, the motion carried with seven in favor and two opposed. (nurse #3)

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BUT IN THE MEANTIME….STILL FREE TO WORK? NO IMMEDIATE SUSPENSION OF LICENSE? Pavlina addressed the Board with additional information. Campbell moved, Molleo seconded, and it was unanimously carried to issue an Interim Order for a psychological evaluation, to include sexual misconduct/boundary violations, to be completed by a Board approved evaluator and to include any additional testing deemed necessary by the evaluator, to be scheduled within 15 days and completed within 45 days, and return to the Board.

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Harris moved, Campbell seconded, and it was unanimously carried to issue a letter of concern for inappropriate treatment of residents on or about February 18, 2003 while employed at Springdale West in Mesa, Arizona.

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NO FOLLOW UP RANDOM TESTING THROUGHOUT THE YEAR? NO MANDATED AA MEETINGS? Campbell moved, Ogden seconded, to issue a letter of concern for the 2001 convictions for prostitution in Tucson City Court, Tucson, Arizona and the for admitted past use of crack cocaine for which there was successful completion of a nine month residential treatment program. After discussion Campbell withdrew the motion. Harris moved, Ogden seconded, and it was unanimously carried to dismiss the case.

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Harris moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for reportedly being rough with resident care when employed as a CNA at Immanuel Campus of Care

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Sage addressed the Board with additional information. Johnson moved, Molleo seconded, and it was unanimously carried to issue a letter of concern for reportedly being rough and verbally abusive to a resident while employed as a CNA at Friendship Village on August 5, 2003.

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Hardy moved, Molleo seconded, and it was unanimously carried to issue a letter of concern for reportedly speaking inappropriately to a resident at Evergreen Mesa Christian Care Center on May 20, 2004, while employed as a CNA.

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Campbell moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for leaving his shift at Posada del Sol on May 21, 2004, without notifying a supervisor.

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Meyer was present and addressed the Board. Ogden moved, Crawley seconded, and it was unanimously carried to offer a consent agreement for a 24 month stayed revocation with the license suspended for the first 12 months and on probation the second 12 months with stipulations to include: surrender of license, relapse/recovery evaluation, aftercare, nurse recovery group, AA with sponsor, drug testing 1 time per month, abstain from alcohol and unauthorized drug use, proof of prescription, followed by 24 months probation with stipulations to include: stamping of license, relapse/recovery evaluation after 12 months, nurse recovery group, drug testing, proof of prescription, abstain from alcohol and unauthorized drug use, notification of practice settings, quarterly performance evaluations, direct supervision for 12 months, on site supervision for 24 months, registry/night shift prohibited. If not signed within 30 days, adopt the attached Notice of Charges.

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Williams was present and addressed the Board. Ogden moved, Malloch seconded, to dismiss complaint #1. The motion carried with seven in favor and one abstained. Malloch moved, Hardy seconded, to issue a letter of concern for interacting with a resident in a way, which was perceived to be verbally abusive, on May 31, 2004, while working at Maravilla Care Center in Phoenix, Arizona for complaint #2. The motion carried with seven in favor and one opposed.

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Gagnaire and Malloch know Debra Pendergast but show no bias. Malloch moved, Campbell seconded, to issue a letter of concern for failing to follow hospital policy by refusing to submit to urine drug screen on February 4, 2002 while employed by Mayo Clinic Hospital, for complaint #1 and dismiss the case for complaint #2. The motion carried with seven in favor and one abstained.

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Campbell moved, Ogden seconded, and it was unanimously carried to grant licensure upon meeting all requirements with a letter of concern for a misdemeanor arrest for a DUI on March 20, 2004 in Tucson, Arizona.

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Campbell moved, Malloch seconded, and it was unanimously carried to offer an amended consent agreement to extend the terms of probation entered into on November 24, 2004, six additional months and to include successful completion of an assessment course.

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November 2004

Campbell moved, Crawley seconded, to grant licensure upon meeting all requirements with a letter of concern for the misdemeanor arrests involving alcohol on July 27, 1999 and October 21, 1999, which resulted in charges being dismissed; the domestic violence/fighting arrest on June 27, 1998, which was dismissed; and the January 21, 1986 and June 6, 1986 DUI arrests that resulted in conviction according to Arizona Motor Vehicle records

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Malloch moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for failing to properly dispose of two ampoules of Phenergan and one ampoule of Haldol by placing the medication in her locker on or about January 20, 2004 while working at Kindred Hospital in Tucson, Arizona.

ABC News: I’m Standing With the Duke

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The Firing of Katie Duke, formerly an employee at New York Presbyterian Hospital has me spinning. Why?? Because nurses take pictures at work all day every day, all night every night. She did not violate any federal laws, she did not violate any unspoken expectation of sensitivity that nurses must adhere to. In fact, she copied the damn picture off of a physician’s Instagram and posted it out from her account. But here again, as in my case with Dr. Keng Yu Chuang, the physician does not get any sort of reprimand. The NCSBN quickly took this opportunity to weigh in with its usual cautionary statements about social media use and the nursing profession but this is where nurses must, and I emphasize the word “MUST” be more aggressive. Social media is not going away. It is only advancing, and in my case I used it to shed light on a patient situation where her basic human rights were violated and NO ONE in my chain of command or at the corporate level of Banner Health would listen or do anything about it.  Social media holds within its cyber grasp a way to hold the powerful ACCOUNTABLE. A physician throws a tantrum and has a nurse fired for interrupting his agenda with “his patient.” “Our patient” died exactly the way they told me they didn’t want to die, where they specifically told me they didn’t want to die. My patient expressed to me that everyone wanted to do what they wanted to do and no one asked them what “they wanted for their healthcare or for their ending days.”

     The charges against me included “interfering with the hard work of physicians and undoing all their planning.” According to the Arizona Board of Nursing’s investigative report,  my patient had their hospital approved (and self requested)  education stripped from the room by Dr. Chuang himself —education that included information about their disease, medications, lab results, and tests they had undergone in the hospital. The greatest offense I committed? Adhering to my patient’s request for hospice educational material and to talk to a case manager before making any solid decisions for how they wanted to spend their remaining days or weeks. You see, sometimes social media is the ONLY WAY to shed light on what the healthcare system and corporate entities do to silence nurses.

     The fact is always there, we are the last barrier between patients and harm, or patients and unethical practices that violate their rights as human beings. Social Media is an extremely powerful tool that (when used properly, ethically, and with good intentions) can be used for GOOD because it holds EVERYONE ACCOUNTABLE for their actions, it teaches people what NOT TO DO NEXT TIME, it puts “some” doctors on notice that they cant get away with doing whatever they want to patients and nurses when they don’t get their way or when their ego is bruised. Social Media is also an extremely effective way for healthcare professionals from all disciplines to discuss cases and learn from them, learn what to do better next time, learn from eachother’s experiences and perspectives. Simply put, social media helps healthcare practitioners do things BETTER and contributes to safer and healthier patient care outcomes.

      Valerie Smith, the Consultant to the Executive Director of the Arizona State Board of Nursing told Judge Diane Mihalsky in administrative court while she was on the stand that “nurses cannot discuss anything learned while in the process of caregiving.” So, I guess this means we ignore the fact that four jumbo jets worth of people are dying weekly from medical errors that go unreported because nurses are too afraid to stand up and speak out using the mediums and technology now available? Go about our business? No. Using all available resources to protect and alert our patients is our duty. Read up on your Code of Ethics. We took an oath to do it. To protect people, to go to whoever, whenever, however it must be done—to ensure that the protection and rights of our patients are preserved and that the healthcare environment remains as honest and ethical as possible.

     If you have not figured it out yet, I strongly disagree with the NCSBN’s position, my patient was harmed, I was harmed, and no one at Banner or any other healthcare agency I went to did anything about it. Including the CEO of Banner Health, Peter Fine. Social Media was my last resort. And it worked. My case was a catalyst for change, for much debate, for a lot of learning…..and both patients and nurses are more proactive because of how I went public with my case. Im sick and tired of seeing good nurses like Katie Duke taking the fall for everything, being the scapegoat. We are not dirty Kleenex to be tossed out into the garbage as if our education and contributions to patient care do not matter. We are healers, caregivers, human beings. We are not disposable items that can simply be replaced at a moment’s notice. The Judge here in Arizona made a ruling  supporting the Board’s position that first amendment rights do not apply to nurses. Katie Duke’s case is yet another unfortunate opportunity to open up a dialogue on what rights, if any, we do have. Because, it seems to me, as the healthcare system becomes more profit driven the more nurses are pushed around, asked to do more with less, with gag orders in place to go about business as usual no matter what is seen or heard around them.

     According to the Code of Ethics for Nurses—we are not charged with protecting just one person, but with many persons, such as those in large communities. Social Media communities are no exception. If we are going to punish a nurse for copying a picture off of Instagram why not start punishing firefighters for publishing pictures of fires, or soldiers for publicizing pictures of war? It’s the same principle. The problem is—nurses have yet to stand together and take up a position on whether or not they want to stand up for their constitutional rights to express themselves or speak up for patients or publish a picture that violates NO LAWS WHATSOEVER. We are the only profession that lacks the inherent ability to stand together on issues such as Katie Duke’s. Why? Because we want our paychecks. We don’t want to “make waves,” we don’t want to be “that nurse” at work that everyone doesn’t like or that everyone sees as weird or too outspoken or too different. We want to be “like everyone else.” The sacrifice of a good nurse like Katie Duke is just another example of the many casualties that occur every day to nurses all over the country. I stand with Katie Duke. No questions asked.

Did I lose it all for doing what was morally and ethically right by going to social media to tell the world what happened to my patient? Hell Yes. Do I regret it? Hell No. Would I do it all again?

In a heartbeat.

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Rocket Ships and the Arizona Board of Nursing: 2005 ‘Letters of No Concern’

If everyone is in HERE...who is out THERE taking care of the patients? Whatever.

The 1960’s are calling, and they want their racist, prejudicial, egotistical, and maniacal ideologies back (and the demonstrations too). These days, in Arizona, you place yourself at risk by simply walking down the street of a college campus, being gay and trying to get married or obtain the same rights as everyone else, secure a day that honors not just America’s history—but Black history as well, or trying to teach students about their Mexican heritage without people yelling out that we are educating them to revolt against the United States Government and that Mexican American History should be banned. But wait! We HAVE TO celebrate Cinco De Mayo right?

     Does it surprise you at all that our state’s medical board was in the news and extensively investigated,  or that it is so damned hard to practice in an at will red state like ours??? I implore you to examine some important information with regards to our State Board of Nursing. After all, they do exist to promote the safety of the public (yep, that’s you people)…but from where I stand, and what I read night after night—it looks more like they are making a healthy dent in the nursing workforce rather than a healthy change for the safety of Arizonans. The Arizona Board of Nursing is not a “permanent agency” like the Department of Economic Security or the Arizona Department of Transportation, it’s existence is not guaranteed. Here is a formal definition of the Sunset Clause that they exist under: A statutory provision providing that a particular agency, benefit, or law will expire on a particular date, unless it is reauthorized by the legislature.”

     This is why the reports from the Auditor General are so important, but its also important that the public weighs in, and that nurses weigh in. I know it sounds crazy—but everyone has a say. The harsh truth is that we need new blood within the walls of the Arizona Board of Nursing. New people from all generations of nurses with new ideas and new leadership styles and an eye for the real future of nursing, not officials keeping the “future” the way things have “always been.” If the Arizona Legislature doesn’t feel the Board is fulfilling its mission, they have the ability to discontinue the agency and restructure a new one. I read in the 2005 Meeting Minutes that Arizona was considered “one of the best functioning Boards, ahead of the others.” (sigh) Really? No. It is not. The state is currently paying hundreds of dollars per month to keep a live feed on the AZBON website so anyone from around the world can watch the proceedings. Is that really necessary when that’s money that can be allocated to DES or CPS? Or the hundreds of dollars it takes to send out its Regulatory Journal three times a year to just about the whole state of Arizona—is that totally necessary when it can be sent to a mailing list in pdf format to saved the state legislature some money that could—again—go to DES or CPS? And for God’s sake–what does it take to get an actual complaint filed against a nurse who actually did something bad? I have tried filing a complaint, a valid one, one that has a witness to prove it occurred, and the State Board of Nursing STILL WONT OPEN IT. Why? Because it came from me. Yeah, that’s a well-functioning Board.

     It shouldn’t surprise you that in a state that struggles so much to keep up with the current times, our state agencies seem to happily follow the pied piper as the BON does with “their own ideas” of who and what a nurse should be or how to reinforce and retain  strong and well educated nurses in Arizona’s nursing workforce. Ironically, the Arizona Board of Nursing is (and I use the word participating loosely) participating with the Robert Wood Johnson Foundation and AARP in the nationwide “Campaign for Nursing’s Future.” I predict that by the time our board gets done with its contributions we will have one hell of a shortage, and a nice big spike in patient sentinel events secondary to  consistent short staffing and a very young nursing workforce that doesn’t have the seasoned veterans to mentor them. Practicing nursing in Arizona is much like what that English professor did the other night—taking a stroll down the street on the ASU campus after teaching a course and experiencing a classic MCSO style take down by an ASU Officer. Here, in Arizona, —anything can happen. And for the stupidest of reasons. The Board of Nursing is collaborating with the Arizona Nurses association, The Arizona Hospital and Healthcare Association, and the Arizona Association for Homecare in creating goals and achieving outcomes to improve the working climate for nurses: The Summary of “Arizona Action Coalition” is as follows:

Here are 8 recommendations of The Future of Nursing: Leading Change, Advancing Health

In 2008, The Robert Wood Johnson Foundation (RWJF) and the Institute of Medicine (IOM) launched a two-year initiative to respond to the need to assess and transform the nursing profession. The IOM appointed the Committee on the RWJF Initiative on the Future of Nursing, at the IOM, with the purpose of producing a report that would make recommendations for an action-oriented blueprint for the future of nursing.

Recommendations:

  • Recommendation 1: Remove scope-of-practice barriers.
  • Recommendation 2: Expand opportunities for nurses to lead and diffuse collabora­tive improvement efforts.
  • Recommendation 3: Implement nurse residency programs.
  • Recommendation 4: Increase the proportion of nurses with a baccalaureate degree to 80 percent by 2020.
  • Recommendation 5: Double the number of nurses with a doctorate by 2020.
  • Recommendation 6: Ensure that nurses engage in lifelong learning.
  • Recommendation 7: Prepare and enable nurses to lead change to advance health.
  • Recommendation 8: Build an infrastructure for the collection and analysis of inter­-professional health care workforce data.

For more information visit www.iom.edu/nursing

 

     Call me crazy, —many have— but after reading ten years’ worth of Board minutes I do not see how the Board of Nursing is going to be of any help in removing barriers to scope of practice so that nurses can practice to the fullest extent of their licensure. Why is this? Simple. Their rulings are all over the board. (no pun intended)  There is no rhyme or reason to them, or so it seems. Good nurses are being taken out of the field after years of education. Aside from that, hospitals do not like it when a nurse practices to the fullest extent of their education and licensure. It does not make them money. It costs them money. (Nurses are actually part of the room charge.) Here’s an example: When I tell a case manager and a doctor that I don’t feel my assessment reveals that patient “A” is ready to go home yet and still presents with a lot of safety issues and an unsafe home environment. That yields a cascade of services that costs a hospital money because that bed remains closed off to another patient who could be receiving more services and consults that make the hospital more money. (Tests and surgeries) My little old elderly patient is not making the hospital money, he is taking up a valuable bed. Here is the reality—-it does NOT MATTER WHAT YOU LEARN IN SCHOOL. A nurse is defined differently in every hospital and the scope of practice is different in every hospital, and there is no initiative on God’s green earth (no matter how well intentioned of well publicized that will change that) A hospital’s first priority, its biggest priority, is stable revenue with the potential for increase. Remaining competitive, securing the necessary capital to remain at the top of their game in the healthcare market where every dollar from every consumer counts to achieve those strategic goals……..When you hear “patient centered care” on all those hospital TV or radio commercials, switch the channel. If you aren’t at the Mayo Clinic, you aren’t going to get it. Period.

See, the Arizona Board of Nursing is too busy putting nurses in these cute little rocket ships and lighting such a powerful fuse that produces enough of a blast to send good competent nurses off to the farthest corners of the universe never to be heard from again. Kind of like the movie that Sandra Bullock is in. Poor George Clooney gets one last look at the sunset from space and floats off into some galaxy somewhere and dies. Sandra Bullock has to do everything short of going crazy to stay alive, to stay in the game…because she too has been flung around quite a bit and detached from the mothership. For the purposes of my discussion, the mothership I am referring to here is our profession. Sandra Bullock fighting to get back to earth is what it is like to survive a probation, a suspension, or whatever hundred million combinations of discipline they heap onto a Registered Nurse AND theten million utterly impossible ‘requirements’ they attach to it. In most cases, nurses just give up and leave the profession. Until we find another universe to exist in, you tax payers support us. Sweet huh?

How’s that for a “Campaign for Action AARP and RWJF?

     Now…Here’s a novel idea— Why don’t we spend more time proactively reeducating or counseling, rather than disabling, dehumanizing, and ending the careers of other healthcare providers, our own peers? WHY DONT WE INSTEAD, AIM FOR RETENTION AND POSITIVE OUTCOMES  THAT ENCOURAGE A HEALTHY WORK ENVIRONMENT NURSES DO NOT HAVE TO FEAR BEING IN? Why don’t we take actions that not only fulfill the mission of the AZBON, but guarantees  Arizona a robust nursing workforce, which in essence means a safer healthcare environment! Id like to see Joey Ridenour or Valerie Smith or any member of the Board of Nursing do a 14 hour shift on a complex heart transplant unit WITHOUT a CNA to help, a phone that’s always ringing and a telemetry pager that is constantly going off—and survive it– without a single misstep, or a single sigh of exasperation. Isn’t it strange we don’t persecute doctors…. why is it we take such liberties in doing it to the the very providers that remain at the bedside 24 hours a day seven days a week? Some of the doctors I worked with at Banner Del E Webb Hospital would sneak in at 0530 and log onto computers documenting assessments on my patients when I knew darn well they hadn’t seen any of them, typing in phrases such as “patient is alert and states he is feeling better today.” Oh really? Is this the same one with Congestive Heart Failure that finally passed out and went to sleep after a night of me diuresing him so he could actually breathe better? And yet….our Medical Board seems to think disruptive behavior, falsifying medical records and getting paid for consults you didn’t actually do is….well…..just fine.

I tell you, the VA scandal is just the tip of the iceberg, the problems—they are systemic and are not isolated to just one healthcare system or state agency….failing to acknowledge that and do something to change it is simply being naïve in the facts….or being afraid to stand up and speak the truth.

 

The “Letters of No Concern” for the year 2005 are below for you to consider.

 “Letter of Concern: Paper version of unpublicized slap on the hand. It means no discipline.”

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January 2005

Gagnaire and Johnson know Kathy Scott but show no bias. Gagnaire moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for practicing beyond the LPN’s scope of practice when Lehan regulated an IV infusion of Propofol medication on or about October 20, 2004 at Banner Thunderbird Medical Center.

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Ogden moved, Crawley seconded, and after discussion, it was unanimously carried to issue a letter of concern for delaying the transport of an unresponsive resident to a hospital on August 19, 2004, by calling the physicians and the family members before calling 911, while working at Arizona Eastern Star in Phoenix, Arizona.

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Campbell knows respondent Campbell but shows no bias. Charles Campbell was present and available for questions. Harris moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for sleeping on duty on or about November 4, 2004, while employed by Care Staff Registry and assigned to work at Select Specialty Hospital in Phoenix, Arizona.

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Campbell moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for allegedly failing to administer medications as ordered by physicians on July 29, 20 and 31, 2005, while working at Las Fuentes Care Center in Prescott, Arizona.

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Campbell moved, Harris seconded, to issue a letter of concern for the misdemeanor arrest on March 23, 2005 in Tucson, Arizona and for failure to follow dialysate orders on or about September 8, 2004; for failure to follow the dialysis unit’s policy and procedure for priming a patient’s machine when she connected an incompatible liquid solution (vinegar) to a patient’s dialysis machine on or about August 15, 2000, while employed by Gambro Healthcare in Tucson, Arizona. After discussion the motion carried with five in favor and one opposed.

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Campbell moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for transcribing an incomplete order for Dopamine onto a medical record and administering the medication using this order on November 24, 2004, while working through Absolute Staffing at Mesa General Hospital.

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Hardy moved, Busby seconded, and it was unanimously carried to rescind prior Board decision to offer a Consent Agreement for a Decree of Censure, and issue a letter of concern for failing to have documented the low blood sugar every 30 minutes.

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Mealman was present and addressed the Board. Hardy moved, to offer a Consent Agreement for a Decree of Censure, or hearing. Hardy withdrew the motion. Busby moved, Hardy seconded, to issue a letter of concern for adjusting a Coumadin dose from 2.5mg. to 5mg. for two days for patient S.C. without a physicians order on or about April 23, 2005, while employed at Nightingale Nurses Registry in Phoenix, Arizona. After discussion, the motion carried with four in favor and one opposed.

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Busby moved, Hardy seconded, and it was unanimously carried to grant licensure upon meeting all licensure requirements with a letter of concern for failing to contact a resident’s physician and family member after there was an acute change in their medical status which required transfer to an acute care facility on or about January 10, 2005, while employed by Dedicated Health Professionals and assigned to Life Care Center of Paradise Valley, Phoenix, AZ.

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Ogden moved, Harris seconded, and it was unanimously carried to issue a letter of concern for perceived verbal abuse of a resident on or about March 5, 2004, while employed at Hearthstone Care Center for complaint #1. Johnson moved, Harris seconded, and it was unanimously carried to issue a letter of concern for failing to check for nasogastric tube placement, stop a tube feeding after suspected aspiration for resident J.L., and document corrective interventions on or about May 13, 2004, while employed at Immanuel Campus of Care for complaint #2.

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Harris recused himself to avoid the appearance of impropriety, and left the meeting at 2:30 p.m. Rondot was present and addressed the Board. Campbell moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for failing to notify the physician when S.B.’s blood sugar was over 400 as required by facility policy, and for failing to document the administration of Insulin on or about November 14, 2004, while employed at Banner Behavioral Health in Scottsdale, Arizona.

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Hardy recused herself to avoid the appearance of impropriety, and left the meeting at 12:10. Davis was present and available for questions. Campbell moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for medicating a patient without a physician order, specifically nitroglycerin and TUMS ©, and for failing to contact a patient’s physician with a change of condition, while employed at Arizona Eastern Star in Phoenix, Arizona.

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Campbell moved, Hardy seconded, and it was unanimously carried to grant certification upon meeting all requirements with a letter of concern for the January 21, 2005 conviction, pursuant to a guilty plea, of public sexual indecency, a misdemeanor, in Mesa City Court in Mesa, Arizona, for which she is currently serving probation

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Campbell moved, Hardy seconded, to issue a letter of concern for allowing a patient to leave the facility and failing to notify the nursing supervisor or the physician on or about April 2004, and also for giving a patient Cortisone 120 mg. instead of 60 mg. as ordered on or about July 2004, while employed at Banner Desert Medical Center in Mesa, Arizona. After discussion, the motion carried with five in favor and one abstained

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Johnson moved, Campbell seconded, and after discussion, it was unanimously carried to issue a letter of concern for changing a Xanax from 0.5 to 1.0 mg. without the physicians approval, and giving an additional dose of Morphine 15 mg. and Lorazepam 0.5 mg. on or about September 21, 2003 while employed at Desert Highlands Care Center in Kingman, Arizona.

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Busby moved, Hardy seconded, and it was unanimously carried to rescind prior Board decision to offer Decree of Censure, and issue a letter of concern for a 2000 pre-employment urine drug screen which was positive for amphetamines and methamphetamines

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Campbell moved, Johnson seconded, and after discussion, it was unanimously carried to issue a letter of concern for failing to appropriately assess and document a resident’s fall on or about June 5, 2004, while employed at Sun Grove Village.

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Malloch moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for being rude and rough in the care of a resident while employed as a CNA in June 2004, at Glencroft Care Center in Glendale, Arizona.

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Gagnaire moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for failing to properly exit the Pyxis on April 30, 2004, while working through Alacrity Healthcare Staffing at Chandler Regional Hospital, which may have contributed to the theft of 25 Percocet.

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Ogden moved, Molleo seconded, and it was unanimously carried to grant licensure upon meeting all requirements with a letter of concern for a misdemeanor conviction for public sexual indecency November 25, 1988, in Glendale, Arizona, and for the felony arrest October 28, 1999 in San Diego, California that was subsequently dismissed.

Johnson moved, Harris seconded, and it was unanimously carried to issue a letter of concern for administering to patient S.W. 100 Units of insulin instead of 10 units on October 6, 2004, while employed by Fountain View Village

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Malloch moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for the March 16, 2002 arrest for DUI in Phoenix, Arizona with BAC .215 and subsequent conviction of a misdemeanor DUI on April 16, 2004, in Phoenix Municipal Court in Phoenix, Arizona.

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Grady addressed the Board and confirmed receipt of additional information. Campbell moved, Ogden seconded, to issue a letter of concern for not scheduling an appointment for a patient with suicidal ideation to be seen in a timely manner, on or about May 6, 2004, while employed at ValueOptions in Phoenix, Arizona. The motion carried with seven in favor and one opposed.

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Gambold was present and available for questions. Harris moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for reportedly speaking inappropriately to a resident, and for tying a resident’s leg to the bedrail to keep it straight on May 25, 2001, while employed as a CNA at Heather Glen

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Hardy moved, Ogden seconded, and it was unanimously carried to rescind the Board’s prior decision to issue an Order of Denial and accept the recommendation of the Settlement Conference as follows: Upon meeting all requirements, grant certification upon successful completion of a Board-approved Anger Management Program and a negative drug screen, then issue a letter of concern against the certificate for her November 21, 1994 felony conviction of negligent homicide in Osecolo County Judicial Court in Reed City, Michigan and her one time use of marijuana in 2004 in Arizona.

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Webb was present and available for questions. Cambpell moved, Ogden seconded, and it was unanimously carried to issue a letter of concern for making several medication errors, and using profanity during 2003 and 2004, while employed at Desert Terrace in Sun City, Arizona.

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Martinez was present and available for questions. Malloch moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for reportedly being physically inappropriate to a resident while employed as a CNA at the Lingenfelter Center in Kingman, Arizona on October 1, 2004.

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Sage addressed the Board with additional information. Malloch moved, Ogden seconded, and it was unanimously carried to issue a letter of concern for reportedly speaking inappropriately to one resident and swearing within hearing distance of another while employed as a CNA at Immanuel Campus of Care in Peoria, Arizona, on or about October 27, 2004

 

March 2005

Johnson moved, Hardy seconded, to issue a letter of concern for failing to document vital signs and nursing care in the medical record for patient S.C. on or about April 12, 2004 while employed as a traveler nurse at Phoenix Baptist Hospital. The motion carried with six in favor and two opposed.

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Malloch knows Deb Krmpotic and Loretta Holt, but shows no bias. Robert Gregory, attorney, and Potter were present and addressed the Board. Malloch moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for failing to document more accurately in the medical record, for changing the patients dressing without an order, and for administering an extra dose of Narcan for patient B.S. on or about March 25, 2004, while employed at Banner Baywood Medical Center in Mesa, Arizona

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Guerrero was present and available for questions. Campbell moved, Malloch seconded, and it was unanimously carried to issue a letter of concern for leaving the facility for approximately fifteen (15) minutes to go to the store on or about May 20, 2004, when assigned by Dependable Nurses Staffing to work at Hacienda de los Angeles in Phoenix, Arizona, and for the DUI Misdemeanor conviction on or about June 3, 2004, in Chandler Municipal Court, in Chandler, Arizona.

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Johnson moved, Malloch seconded, and it was unanimously carried to reopen Agenda Item V.G.10. Harris recused himself to avoid the appearance of impropriety, and left the meeting at 3:00 p.m. Deptula was present and addressed the Board. Malloch amended the prior Board motion to allow Deptula to work in a home health setting under direct supervision, and if successful, she may return to the Board in 6 months and request reconsideration; include drug screening, abstain from alcohol within 12 hours of duty, abstain from unauthorized drug use, proof of prescriptions. Campbell seconded, the motion and it was unanimously carried.

May 2005

Campbell moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for failing to transcribe a verbal order for Dopamine onto a medical record on November 14, 2004, while working at Mesa General hospital in Mesa, Arizona

**********

The earlier statement made by attorney, Melody Emmert, also applies in this case. Bartram was present and available for questions. Campbell moved, Hardy seconded, and after discussion, it was unanimously carried to issue a letter of concern for a misdemeanor DUI conviction on April 21, 2004 in Mesa Municipal Court

Campbell moved, Harris seconded, and it was unanimously carried to issue a letter of concern for reportedly being rough in the care of a resident while employed as a CNA by Maxim Nursing Registry and assigned to a shift at Scottsdale Rehabilitation and Nursing Center on January 24, 2005.

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Johnson moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for failing to document the removal of Demerol 75 mg in the Controlled Substance Record on or about June 9, 2004, while working in the Emergency Department at the Arizona Physicians Hospital at Kino through Spinnaker Healthcare in Tucson, Arizona.

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July 2005

Campbell moved, Hardy seconded, and it was unanimously carried to grant licensure upon meeting all requirements with a letter of concern for a misdemeanor conviction for prostitution on September 13, 2001 in Phoenix, Arizona; for the September 8, 1993 misdemeanor theft conviction in Dayton, Ohio; for the February 10, 1984 felony forgery theft in Montgomery County, Ohio; and the February 10, 1984 misdemeanor theft deferred finding in Centerville, Ohio.

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Jeff and Marlane Williams, complainants, were present and addressed the Board. Crawley moved, Campbell seconded, to issue a letter of concern for failing to notify hospital security immediately about a patient’s visitors who appeared suspicious on or about June 18, 2004, while working at University Medical Center in Tucson, Arizona through American Mobil, an agency. The motion carried with six in favor and one abstained.

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Ybarra was present and addressed the Board. Campbell moved, Crawley seconded, and after discussion, it was unanimously carried to issue a letter of concern for failing to do a thorough assessment of the patient at Hacienda Rehabilitation Center on September 21, 2004.

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Malloch knows Carol Cammarata but shows no bias. Taylor was present and available for questions. Campbell moved, Busby seconded, and it was unanimously carried to issue a letter of concern for failing to contact a patient’s physician with a low blood sugar result on or about January 9, 2005, while employed by Integrated Registry and assigned to Life Care Center of Paradise Valley, Phoenix, AZ.

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Buck was present and available for questions. Campbell moved, Busby seconded, and after discussion, it was unanimously carried to issue a letter of concern for failing to notify the physician about a medication error for resident A.T. on or about April 27, 2004, while employed at Life Care Center of Scottsdale in Scottsdale, Arizona.

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Grady addressed the Board with additional information. Herman and Marilyn Shifter were present and addressed the Board. Johnson moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for administering Ativan to a skilled unit patient from the patient’s personal prescription, without an order from the attending physician and while not assigned to the skilled unit, on or about December 3, 2004 at Classic Residence Care Center in Scottsdale, Arizona.

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Busby moved, Hardy seconded, and it was unanimously carried to grant licensure upon meeting all requirements with a letter of concern for the November 11, 2004 arrest for possession of marijuana by Northern Arizona University Police in Flagstaff, Arizona, as amended.

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Busby moved, Harris seconded, and it was unanimously carried to issue a letter of concern for failing to document according to facility policy when administering and wasting Dilaudid during June 2004, while employed at Arrowhead Community Hospital in Glendale, Arizona.

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September 2005

Busby moved, Campbell seconded, and it was unanimously carried to rescind prior Board decision of September 12, 2002 to offer a Consent Agreement for a Decree of Censure, and issue a letter of concern for a one-time DUI and for making a threatening statement to three police officers on or about February 22, 2002.

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Olson addressed the Board and confirmed receipt of additional information. Campbell moved, Hardy seconded, and after discussion, it was unanimously carried to grant licensure upon meeting all requirements with a letter of concern for the November 19, 2003 arrest for indecent exposure and subsequent conviction, pursuant to a guilty plea, of the amended charge of disorderly conduct, a misdemeanor, in the Birmingham Municipal Court in Birmingham, Alabama.

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Hardy seconded, to issue a letter of concern for failing to properly identify a resident resulting in a medication error on or about May 7, 2005 while working at HCR Manor Care in Tucson, Arizona. After discussion, the motion carried with five in favor and one opposed.

Campbell moved, Busby seconded, to issue a letter of concern for allegedly being rough in the care of a resident at La Colina Care Center on February 12, 2005 while employed as a CNA for complaint #1, and dismiss complaint #2. After discussion, the motion carried with six in favor and one opposed.

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Campbell knows respondent Meeker, but shows no bias. Torrez addressed the Board with additional information. Busby moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for failing to follow facility policies when documenting and wasting narcotics from on or about February 8, 2004 until March 19, 2004, while employed at Maricopa Medical Center in Phoenix, Arizona

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Campbell moved, Busby seconded, and it was unanimously carried to issue a letter of concern for making inappropriate remarks to resident M.G. on or about April 12, 2005, while assigned to work at Sun View Care Center in Youngtown, Arizona.

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Busby moved, Hardy seconded, to issue a letter of concern for failing to supervise LPN staff who administered medications through peripherally inserted central catheters while employed at Manzanita Manor. After discussion, the motion carried with four in favor and three opposed.

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Grady addressed the Board and confirmed receipt of additional information. Lucas was present and addressed the Board. Hardy moved, Rich seconded, and it was unanimously carried to issue a letter of concern for being rude to a patient and her companion on or about September 17, 2004, while employed at NextCare Urgent Care (Pinnacle Medicine), Tucson, Arizona.

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Grady addressed the Board with additional information. Sharon Harrison, complainant, was present and addressed the Board. Latimer and his attorney, Michael Ryan were present and addressed the Board. Rich moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for discussion the surgery of an individual in a health care setting for a purpose unrelated to the health care needs of the individual, on or about October 25, 2004, at Physician’s Surgery Center in Bullhead City, Arizona

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November 2005

Busby moved, Crawley seconded, and it was unanimously carried to rescind prior Board decision of January 2006 to offer a Consent Agreement for a Decree of Censure, and accept issue a letter of concern for accepting an assignment, counting narcotics, and passing medications prior to seeing an unconscious resident, who was being assessed by the charge nurse, but whom was part of your resident assignment

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Campbell moved, Hardy seconded, and it was unanimously carried to adopt a stayed revocation indefinite suspension with terms to include: surrender of license, psychiatric evaluation and treatment and refresher course, followed by a stayed revocation with terms to include: psychological and psychiatric treatment, notification of practice settings, quarterly performance evaluations, direct supervision for 18 months with preceptor for 6 months, registry/traveling nurse/float pool/home health work/on-call prohibited, night shift prohibited, with other requirements to include: if deemed appropriate by evaluator.

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Rappoport addressed the Board with additional information. Campbell moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for failing to document prescribed medications, specifically Percocet tablets, fro two residents on or about March 2, 2003, March 6, 2003 and March 7, 2003, while employed at Palm Valley Rehabilitation Center in Goodyear, Arizona for complaint #1; to dismiss complaint #2; and to issue a letter of concern for failing to document prescribed medications, specifically Vicodin tablets for two residents on or about January 12, 2004 and January 13, 2004 while employed at Good Shepherd Retirement Center in Peoria Arizona for complaint #3

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Campbell moved, Crawley seconded, to grant certification upon meeting all requirements with a letter of concern for a misdemeanor conviction for driving under the influence with a BAC of .255% on July 2, 2004 in Flagstaff City Court in Flagstaff, Arizona. After discussion, the potion carried with four in favor and one opposed.

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Smith addressed the Board with additional information. Stover-Wall was present and addressed the Board. Campbell moved, Johnson seconded, to offer a Consent Agreement for a 36 month stayed revocation with the license suspended during the first 12 months and on probation the last 24 months, followed by a 12 month probation and to include the attached stipulations, or hearing. The motion carried with six in favor and one abstained

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Twigg addressed the Board and confirmed receipt of additional information. Damgar was present and addressed the Board. Campbell moved, Hardy seconded, to offer a Consent Agreement for 24 month probation to include the attached stipulations or hearing. After discussion Campbell amended the motion to include: drug testing 2 times per month for first 6 months then monthly, abstain from alcohol, abstain from unauthorized drug use/proof of prescription/one prescriber, notification of practice settings, quarterly performance evaluations, direct supervision, may work home health at current setting Maxim Health Care, night shift prohibited, on site supervisor evaluations monthly, neuropsych evaluation with a focus on memory. Hardy concurred. The motion carried unanimously.

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Campbell moved, Rich seconded, to issue a letter of concern for reportedly being rough in the care of 2 residents while employed as a CNA at Springdale West on June 8, 2005. After discussion the motion failed with three in favor and three opposed. Johnson moved, Hardy seconded, and it was unanimously carried to dismiss the case.

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Twohig addressed the Board with additional information. Busby moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for speaking inappropriately to a resident and failing to obtain assistance with the care of a resident who was resistive and combative on or about July 10, 2005, while employed at Prescott Valley Samaritan in Prescott Valley, Arizona.

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Derryberry was present, telephonically, and addressed the Board. Campbell moved, Hardy seconded, and it was unanimously carried to grant certification upon meeting all requirements with a letter of concern for a misdemeanor conviction for extreme DUI on December 13, 2002 in Flagstaff Municipal Court in Flagstaff, Arizona.

Ongoing Regulatory ‘Excellence’ in Arizona: 2006

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 “Letter of Concern: Paper version of unpublicized slap on the hand. It means no discipline.”

     There are IT nurses and then there are us Research and Statistics nurses. Nerdy nurses, if you will. I don’t know about IT Nurses but it seems to me they like to look at better ways of doing things, asking the questions other people don’t think to ask, going into corners no one realizes are there….to find unexpected answers or what “X” is equal to. I admit I am one of those. I like to develop practice based nursing theories, I like to ask questions, I like to develop hypotheses and then figure out a way to test them out. I like to change outcomes for the better. I also like to look for trends no one else realizes exist. Fact Checking. Comparing and Contrasting. Then analyzing everything I have in front of me to see what the bigger picture is. Getting at the truth. Lucky for me I took a few classes, and I have plenty of time on my hands. Enough time to not only write a book about my experience with Banner Health and the Arizona Board of Nursing, but to design and publish my first research study about the very agency that reiterated time and again how much of a danger I am to the general public.

Seriously, you gotta understand how much those words really stuck to me. “Danger to the public.”  Someone I know would tell me it’s one of my “stuck points.” Some of you military vets out there probably know very well what a stuck point is and are tired of hearing those two words!  So I decided to do something about that.  Why not compare myself, my investigative report (and its plethora of creative writing thanks to Nikki Austin) to nurses from the past ten years. There’s additional incentive when journalists want your help too. Every few years the Arizona Board of Nursing is subject to an evaluation from the Office of the Auditor General and this “performance report” is given to the Arizona Legislature so that the lawmakers can decide whether or not to continue the Board of Nursing as it is. They are under what is called a “Sunset Clause.” Unfortunately the Auditor General is not a nurse nor does the auditor have experience with healthcare or nursing, nor does he/she think the same way a nurse does when it comes to quality assurance checks. I am interested in comparing and contrasting their past reports with mine.

In some way or another, all of us nurses are mini investigators every day. Whether we are trying to figure out what labs mean, or what the color of that body fluid indicates, or those all too fun to read Arterial Blood Gases—-we are all seeking to put together a puzzle that achieves  a bigger picture that will perhaps yield us some concrete answers. Data. Data that helps us develop a plan. You remember that, right? The Nursing Process: Assessment, Diagnoses, Planning, Intervention, and Evaluation! Nurses are mini investigators in lots of ways, all day every day. Our brains were made for it. The past six months or so I have done a lot of reflecting on the different meanings of justice. Because, you see, I had always pictured it just one way—in a court room. But I have slowly opened my eyes to new ways of accomplishing justice. I now envision  it as ensuring the safety and preserving the empowerment of my colleagues and patients.

Administrative law is tough stuff. If you haven’t noticed, real criminals have more rights than we do because of this area of law. There is no justice in the field, in the hospitals. Banner Del E Webb taught me that. It’s ruthless, some of your coworkers===can be ruthless. But, justice can be achieved by shining a light in places for people to see “truth.” From there, they find their own way. Its my deepest hope that the book I am writing  and the hours I have been spending on research will help  contribute to much needed change and legislation that protects the patients and peers I’m so passionate about while serving to preserve the moral ethical foundation of our profession.

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     It’s 2006 in Phoenix, Arizona. During this time, The Arizona Board of Nursing was actively involved in participating with the Governor’s office via a special task force to increase the nursing workforce and also with the NCSBN via another program called Commitment to Ongoing Regulatory Excellence (C.O.R.E.) I thought this would be a great title for the remaining reports instead of “The Daily.” Like I have emphasized before, these are not all of the cases presented during the year, many of them hadn’t had outcomes just yet and I have to go back and see how many of them I can access and extract data from. This is all for the book I am writing and for some of the local media who have requested my help and perspective as both a nurse and whistleblower.

Truth is, I’m looking at several variables right now, and I am still designing the study and the survey questions/methods. I’m taking a quantitative approach but I can also appreciate the value in approaching my investigative study from a qualitative standpoint as well……because, it is more my nature to come from the human aspect of any situation….especially when my peers or patients have been permanently and irreparably harmed whether it be in a professional, spiritual, emotional or physical way. The trend I continue to see is inconsistencies in disciplinary measures. For instance, “Nurse A” has had several DUI’s in recent years and is applying for an RN license. The Board issues her a letter of concern for the DUI’s and related arrests and grants her a license…..while Nurse B has committed the same offenses, is applying for a new RN license as well, yet she receives sanctions before even having her license granted—she has to go to AA meetings, have a sponsor, have random blood or urine testing, and be evaluated by an addictionologist. Also disturbing are disciplinary measures that read something like this: “Busby moved, Hardy seconded, and it was unanimously carried to rescind prior Board decision to offer a Consent Agreement for a 36 month stayed revocation with the license suspended during the first 12 months and on probation the last 24 months, followed then by a 12 month probation and to include terms and conditions, and accept the signed Consent Agreement for a 24 month stayed revocation probation with terms and conditions, followed by a 12 month standard probation with terms and conditions.”

There are MANY, MANY of these for offenses far less than the ones you will read below….How is a Registered Nurse ever supposed to recover from an impossible set of terms like the one above? How is he/she supposed to ever fulfill all of these requirements if no one will hire him/her? It seems to me, like one step away from revoking a license….or going right to the cliff and putting one foot forward but never taking the actual jump. This is extreme, in many cases, inconsistent====in far too many cases, and damaging to our nursing workforce. I have included some in the listing of disciplinary measures this time. These are the kinds of instances I keep encountering and it’s both frustrating and difficult to “get” why this is a “thing” to begin with.

The list of discipline that follows are, again, what I call “Letters of No Concern” issued by the Arizona Board of Nursing in 2006………

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Malloch knows Selma Kendrick but shows no bias. Busby moved, Perry seconded, and it was unanimously carried to issue a letter of concern for admitting she abused her prescription for Oxycodone in or about April 2006 while working at Banner Good Samaritan Hospital.

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Sandra Rogers, attorney, was present and addressed the Board. Rice was present and available for questions. Busby moved, Johnson seconded, to issue a letter of concern for failing to follow the facility policy on or about January 22, 2005 while working at Palo Verde Behavioral Health Hospital in Tucson, Arizona by failing to notify a patient’s physician that the patient told her therapist she felt like hanging herself from a doorknob. After discussion, the motion carried with four in favor and three opposed.

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Busby moved, Perry seconded, and it was unanimously carried to issue a letter of concern for reportedly physically abusing a resident in or about May 2006, while employed as a CNA at Santa Rosa Care Center in Tucson, Arizona.

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Busby moved, Perry seconded, and it was unanimously carried to issue a letter of concern for falsifying a patient’s vital sign record to reflect within normal limits when the actual findings were not within normal limits, and delegating patient teachings to a CNA on or about July 8, 2004 and leaving the facility for several hours without notifying other staff while working at Paradise Valley Surgical Recovery Center.

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Olson addressed the Board with additional information. Busby moved, Perry seconded, and it was unanimously carried, upon meeting all requirements, grant licensure and issue a letter of concern for the multiple arrests and felony convictions on February 26,1974 for forgery, and on April 15, 1975, for auto theft, felonies, in Orange County Superior Court in Orange County, California, and August 31, 1988, convictions of 4 counts of unarmed bank robbery, and on September 17, 1990, for possession of contraband by an inmate (Narcotic Controlled Substance), felonies, in the U.S. District Court for the Central District of California.

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Link recused herself to avoid the appearance of impropriety and left the meeting at 4:45 p.m. Park was present and available for questions. Busby moved, Hardy seconded, to issue a letter of concern for working in a position as a Behavioral Health Nurse Practitioner without formal educational preparation and/or certification in psychiatric/mental health, while employed by St. Luke’s Behavioral Health Center Child & Adolescent Crisis Services-Urgent Care Unit, Phoenix, Arizona. After discussion, the motion carried with five in favor and one opposed.

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Busby moved, Perry seconded, and it was unanimously carried to issue a letter of concern for an arrest on March 1, 2005, shoplifting offense in Tucson, Arizona

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Polak addressed the Board and confirmed receipt of additional information. Showalter was present and addressed the Board. Busby moved, Perry seconded, and it was unanimously carried, upon meeting all requirements, grant license, and issue a letter of concern for five (5) misdemeanor arrests for driving under the influence of alcohol from April of 1994 to December of 2000, resulting in misdemeanor convictions in the States of California and Virginia.

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Cash was present and addressed the Board. Robertson moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for failing to prevent a patient’s fall which resulted in injury to his eye, on November 4, 2005, while working for Nursing Solutions in Phoenix, Arizona.

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Leslie Paradise, complainant was present and addressed the Board. Johnson moved, Robertson seconded, to dismiss the case. After discussion, Robertson withdrew the second. Busby seconded. The motion failed with five opposed and three in favor. Hardy moved, Robertson seconded, to issue a letter

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of concern for failing to respond to a request for comfort measures while employed at Sun Health Care Center on December 3, 2005. After discussion, the motion carried with five in favor and three opposed.

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Busby moved, Link seconded, and it was unanimously carried to grant certification upon meeting all requirements, and issue a letter of concern for a March 15, 2004 arrest for assault and criminal damage by Phoenix Police, in Phoenix, Arizona.

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Malloch knows Kate Ludwig but shows no bias. Perry moved, Link seconded, and it was unanimously carried to issue a letter of concern for leaving her assignment without notifying proper supervisory personnel while employed as a CNA on December 21, 2005, at Maryvale Hospital, in Phoenix, Arizona, and for attempting to cash a forged check on August 9, 2004.

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Sue Rhodes was present and addressed the Board.   Johnson moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to document the advice received from an RN, related to the titration of morphine for a patient on or about December 20, 2005, while employed at Hospice.

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Busby moved, Link seconded, and it was unanimously carried to grant certification upon meeting all requirements and issue a letter of concern for not putting up the side rail before turning a patient on January 26, 2006, while assigned to Plaza Healthcare and leaving her shift on January 27, 2006, without notifying anyone, while assigned to Kivel Campus of Care, both incidents occurred while employed by Arizona All Medical Staffing in Phoenix, Arizona.

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Roseman Atkins was present and addressed the Board. Dr Alvaradowas present, telephonically, and addressed the Board. Johnson moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to accurately document medication administration and nursing care to patient K.D. on or about May 13, 2005, while employed at Banner Thunderbird Medical Center.

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Goode and Chris Castillo were present and addressed the Board. Campbell moved, Perry seconded, and it was unanimously carried to issue a letter of concern for the convictions on May 5, 2004, for Possession of Drug Paraphernalia in Gila County Justice Court and on August 25, 2004, for DUI in North Mesa Justice Court, both misdemeanors.

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Johnson moved, Busby seconded, and after discussion, it was unanimously carried to issue a letter of concern for leaving the Chinle Nursing Home without another licensed nurse to direct staff and provide nursing direction on or about May 21, 2005

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Busby moved, Crawley seconded, to grant certification upon meeting all requirements with a letter of concern for a misdemeanor conviction of selling liquor to a minor on February 6, 2004 in Phoenix, Arizona. The motion carried with eight in favor and one opposed.

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Busby moved, Perry seconded, and it was unanimously carried to issue a letter of concern for improperly restraining a resident causing him to incur bruising while employed as a CNA at Santa Rosa Care Center on September 21, 2005.

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Busby moved, Perry seconded, and it was unanimously carried to issue a letter of concern for improperly restraining a resident while employed as a CNA on or about September 22, 2005, at Santa Rosa Care Center, in Tucson, Arizona.

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Busby moved, Robertson seconded, to issue a letter of concern for abandoning her assigned client on May 1, 2005 while employed as a CNA at Angels PRN, a Home Health Agency in Yuma, Arizona. After discussion, the motion carried with five in favor and four opposed.

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Busby moved, Perry seconded, to grant certification upon meeting all requirements and issue a letter of concern for a 2005 DUI in Tucson, Arizona. The motion carried with eight in favor and one opposed.

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Levendusky was present and addressed the Board. Rich moved, Busby seconded, and it was unanimously carried to issue a letter of concern for allegedly altering a Medication Administration Record (MAR) on or about September 21, 22, 23, 24, and 25, 2005 indicating that Humalog Insulin had been given, and then changing the entry to indicate the Insulin had not been given to resident M.M. while employed at Grandview Terrace Retirement Center in Sun City West, Arizona.

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Munger addressed the Board with additional information. Johnson moved, Busby seconded, and it was unanimously carried to issue a letter of concern for failing to evaluate, document, and report to a physician bruising on a patient’s foot August 24, 2005, while working at Mountain View Manor. The patient was later diagnosed with a fractured bone in her foot.

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Busby moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for failing to document Narcotic medications from on or about September 28, 2005, until October 25, 2005, while employed at Paradise Valley Hospital in Paradise Valley, Arizona.

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Blank was present and available for questions. Campbell moved, Johnson seconded to issue a letter of concern for failing to supervise the actions of an LPN who responded to a patient M.F.’s hypoglycemic event by giving M.F. peanut butter, which led to M.F.’s hospitalization for possible aspiration pneumonia in August 2005. After discussion, the motion carried with seven in favor and one abstained.

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An attempt was made to contact Wells, telephonically. Julie Fernandez, complainant, was present and addressed the Board. Campbell moved, Hardy seconded, and after discussion, it was unanimously carried to issue a letter of concern for lack of professionalism in obtaining necessary information in caring for an infant.

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Julie Fernandez, complainant, was present and addressed the Board. Johnson moved, Rich seconded, to dismiss the case. After discussion, the motion failed with five opposed and three in favor. Campbell moved, Robertson seconded, to issue a letter of concern for showing lack of sensitivity in communicating and meeting the patient’s needs in October 2004. After further discussion, the motion carried with six in favor and two opposed.

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Johnson moved, Perry seconded, and it was unanimously carried to issue a letter of concern for failing to maintain security of narcotics by placing a dose of narcotics within the reach of a confused resident while working at Desert Life Rehabilitation & Care Center in Tucson, Arizona.

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Busby moved, Hardy seconded, to rescind prior Board decision of November 17, 2004, to offer a Consent Agreement for a Decree of Censure, and issue a letter of concern for failing to ensure that staff at Posada del Sol in Tucson, Arizona, were using appropriate insulin syringes, not tuberculin syringes, to administer insulin to residents. After discussion, the motion carried with seven in favor and two opposed.

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Campbell moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for reportedly being verbally abusive and rough in the care of a resident while employed as a manager at Our Place, 10th St, in Tucson, Arizona in April 2005.

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Busby moved, Rich seconded, and it was unanimously carried to issue a letter of concern for not immediately reporting witnessed abuse of a resident to the appropriate supervisory personnel while employed as a CNA on July 30, 2005 at Posada del Sol, in Tucson, Arizona

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Johnson moved, Busby seconded, and it was unanimously carried to issue a letter of concern for failing to report a resident’s complaint of physical abuse while employed as an LPN at Posada Del Sol, in Tucson, Arizona, on August 1, 2005.

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Becker was present and available for questions. Hardy moved, Becker seconded, and it was unanimously carried to issue a letter of concern for failing to accurately document use of narcotics from on or about March 2005 to October 2005, and also for administering Percocet via the Nasal Gastric tube when the order did not apparently specify that the Percocet by this route, while employed at St. Joseph’s Hospital & Medical Center in Phoenix, Arizona.

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Torrez addressed the Board with additional information. Malloch knows Herb Geary but shows no bias. Johnson moved, Busby seconded, to issue a letter of concern for using a personal website while on duty to make entries that contained information that could have potentially identified confidential patient information on or about 2004 and 2005 while employed at Banner Good Samaritan Hospital in Phoenix, Arizona. After discussion, the motion carried with six in favor and one opposed.

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Campbell moved, Busby seconded, to grant licensure upon meeting all requirements with a letter of concern for the April 28, 2003 arrest and subsequent conviction on May 12, 2003, possession of a controlled substance (marijuana, under 4 ounces), a misdemeanor, in the Connecticut Superior Court in Enfield, Connecticut, and for reportedly verbally abusing a patient at Huntington Hospital in Huntington, New York, in July 2004. After discussion, the motion carried with four in favor and three oppose

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Malloch knows Deb Krmpotic but shows no bias. Midkiff addressed the Board with additional information. Teressa Sanzio, attorney, was present and addressed the Board. Triant was present and available for questions. Rich moved, Busby seconded, to issue a letter of concern for allegedly failing to accurately assess, intervene, and document the care of patient H.T. on or about March 28, 2005 while employed at Banner Baywood Medical Center. After discussion, the motion carried with six in favor and one opposed.

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Busby moved, Johnson seconded, to issue a letter of concern for failing to follow facility policies related to the observation of a suicidal patient on or about January 22, 2005 while working at Palo Verde Behavioral Health Hospital in Tucson, Arizona. After discussion, the motion carried with four in favor and three opposed.

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Rich moved, Hardy seconded, to issue a letter of concern for failing to be aware of the actions taken by a CNA she was supervising, who restrained a patient without an order, on or about March 4, 2004, while employed as the night charge nurse at Palm Valley Rehabilitation and Care Center in Goodyear, Arizona, resulting in the termination of employment of both employees. After discussion, the motion failed with five opposed and two in favor. Hardy moved, Campbell seconded, and it was unanimously carried to dismiss the case.

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January 2006

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Torrez addressed the Board and confirmed receipt of additional information. Teressa Sanzio, attorney, and Michelle Stillenger were present and addressed the Board. Garner was present and available for questions. Campbell moved, Johnson seconded, and after discussion, it was unanimously carried to issue a letter of concern for failing to follow facility policy when accessing and administering controlled substances to patient T.S. on or about February 1, 2005, while assigned by Cross Country Staffing to work at John C. Lincoln Hospital in Phoenix, Arizona.

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S. Smith addressed the Board with additional information. Biegert was present and addressed the Board. Campbell moved, Crawley seconded, and it was unanimously carried to, upon meeting all requirements and signing a Consent Agreement for a 24 month stayed revocation with the license suspended during the first 12 months and on probation the second 12 months, followed by 24 month probation to include the attached stipulations, grant RN license stamped “Refresher Course Only”. Upon successful completion of the refresher course, grant RN license. If not signed within 30 days, deny licensure based upon the information contained in the investigative report. If an informal settlement conference is requested, the authority to settle is limited to the terms of the Consent Agreement offered at this Board meeting.

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S. Smith addressed the Board with additional information. Castelhano was present and available for questions. Hardy moved, Rich seconded, and it was unanimously carried to offer a Consent Agreement for a 24 month stayed revocation with the license suspended during the first 12 months and on probation the last 12 months, followed by a 24 month probation and to include the attached stipulations, or hearing.

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Johnson and Malloch know Kathy Scott but show no bias. Rich moved, Crawley seconded, and it was unanimously carried to offer a Consent Agreement for a 36 month stayed revocation with the license suspended during the first 12 months and on probation the last 24 months, followed by a 12 month probation and to include the attached stipulations, or hearing.

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Busby moved, Rich seconded, and it was unanimously carried to issue a letter of concern for failing to follow facility policy related to documentation of Lortab during the month of October and November 2004 while employed at Scottsdale, Healthcare in Scottsdale, Arizona.

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Malloch and Hardy know Cathy Lucius but show no bias. Nelson addressed the Board and confirmed receipt of additional information. Mitchell was present and addressed the Board. Busby moved, Campbell seconded, to issue a letter of concern for the alleged inappropriate behavior and threatening comments made in the classroom of GateWay Community College while enrolled in the Maricopa Community College District Nursing Program, resulting in dismissal from the nursing program and from the college on or about October 13, 2004. After discussion, the motion failed with four opposed and three in favor. Rich moved, Hardy seconded, and it was unanimously carried to offer a Consent Agreement for a $50 Civil Penalty to be signed within 30 days, or hearing.

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March 2006

Busby moved, Crawley seconded, and after discussion, it was unanimously carried to rescind prior Board decision of July 21, 2005, to offer a Consent Agreement for a stayed revocation/suspension for 12 months followed by a stayed revocation/probation for 12 months followed by a 24 month standard probation or hearing, and accept the signed Consent Agreement for a stayed revocation/indefinite suspension with terms and conditions followed by a 12 month stayed revocation/probation followed by a 24 month standard probation to include terms and conditions.

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Twigg addressed the Board with additional information. Garrett was present and available for questions. Campbell moved, Hardy seconded, and after discussion, it was unanimously carried to issue an Interim Order for a sexual misconduct evaluation by a Board approved psychologist with expertise in sexual and boundary misconduct to be scheduled within 15 days and completed within 45 days, and return to the Board.

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Campbell moved, Johnson seconded, and it was unanimously carried to issue an Interim Order for a sexual misconduct evaluation to be completed by a Board approved evaluator who is at minimum Ph.D. prepared and to include any additional testing deemed necessary by the evaluator, to be scheduled within 15 days and completed with 45 days and return to the Board. If the Interim Order is not completed, adopt the attached Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order.

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Perry moved, Hardy seconded, and after discussion, it was unanimously carried to issue a letter of concern for failure to follow facility policy and procedures to maintain patient safety during a post-procedure discharge on or about July 23, 2003, while employed at East Valley Endoscopy, Mesa, Arizona; and failure to cooperate with a Board investigation and maintain a current address of record with the Board.

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Perry moved, Busby seconded, and it was unanimously carried to issue a letter of concern for maintaining a social, non-professional relationship with a patient and his family while assigned to his care in 2005 while employed by Hospice Family Care

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Campbell moved, Hardy seconded, and it was unanimously carried to rescind the Board’s prior vote to offer a Consent Agreement for a 12 month stayed revocation suspension, followed by a 12month stayed revocation probation, then followed by a standard 24 month probation all with terms and conditions, or proceed to hearing, and accept the signed Consent Agreement for a 12 month stayed revocation/suspension with terms and conditions, followed by a 24 month stayed revocation/probation with terms and conditions, then followed by a 12 month standard probation with terms and conditions.

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Malloch recused herself to avoid the appearance of impropriety. Crawley presiding. Hansen was present and addressed the Board. Attorney Karen Owens was present and addressed the Board. Rich moved, Johnson seconded, to issue a letter of concern for LPN completing an initial assessment on patient P.C. on July 19, 2005 and performing patient acuities while employed by Flagstaff Medical Center in Flagstaff, Arizona. The motion carried with eight in favor and one abstained.

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Lester addressed the Board with additional information. Hardy moved, Busby seconded, to grant certification upon meeting all requirements, and issue a letter of concern for a misdemeanor conviction for Extreme DUI on July 2, 2003, in Phoenix Municipal Court, Phoenix, Arizona. The motion carried with eight in favor and one abstained.

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Pinto was present and addressed the Board. Busby moved, Hardy seconded, upon meeting all licensure requirements, grant license and issue a letter of concern for failure to adhere to documentation policy and procedures on or about December 26, 2005, and January 17, 2006, while employed by Intelistaf

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Healthcare and assigned as a traveler nurse in the CVICU at Banner Good Samaritan Medical Center, Phoenix, Arizona. The motion carried with seven in favor and one abstained.

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Johnson moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for the July 13, 2005, conviction of DUI, a misdemeanor, in Yavapai County Justice Court, Prescott Precinct, in Yavapai County, Arizona

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July 2006

Perry moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for inappropriate patient referral and follow up from in or about January through April 2006, as a result of personal and professional life stressors, while employed by Cigna HealthCare for complaint #1, and dismiss the case for complaint #2.

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Hardy moved, Johnson seconded, to offer a letter of concern for failure to insure appropriate follow up for a patient presenting with a breast lesion in or about February 2005 while employed at WellCare in Phoenix, Arizona. The motion carried with five in favor and one opposed.

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Johnson moved, Busby seconded, and it was unanimously carried to issue a letter of concern for refusing to undergo a UDS requested by Board staff on or about January 20, 2006 while she was employed at Desert Regional Hospital in Palm Springs, California.

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Hardy moved, Robertson seconded, to issue a letter of concern for failing to provide a for cause urine drug screen on or about November 17, 2005, following a patient complaint to her employer while employed by Centrum Healthcare in Phoenix, Arizona. After discussion, the motion carried with five in favor and two opposed.

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Busby moved, Hardy seconded, and it was unanimously carried to grant certification upon meeting all requireMents and issue a letter of concern for a misdemeanor conviction for DUI on September 26, 2005, in Tempe West Justice Court, Tempe Arizona.

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Bauer addressed the Board with additional information. Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for a felony DUI conviction on March 31, 2004, that was later reduced to a misdemeanor on March 9, 2005, in Maricopa County Superior Court, in Phoenix, Arizona.

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Melanie Balestra, attorney, was present and addressed the Board. Link knows Balestra but shows no bias. Hapke was present and addressed the Board. Busby moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to assure that the nursing staff had compete information regarding the care of patient D.H. before leaving the facility on or about January 10, 2006 while employed at Cigna in Phoenix, Arizona.

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and it was unanimously carried to issue a letter of concern for failure to obtain an x-ray report and initiate an appropriate follow up referral for a patient on or about December 7, 2004, while employed by Clinica Adelante, Surprise, Arizona.

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McCuin was present and addressed the Board. Johnson moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to follow facility policy related to documentation while assigned to work at Banner Desert Samaritan Hospital and employed by Banner Professional Registry on or about November 2005.

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Perry knows Brenda McCoy but shows no bias. Twigg addressed the Board with additional information. Link moved, Perry seconded, and it was unanimously carried to issue a letter of concern for responding inappropriately to a resident by raising your voice and speaking rudely on or about December 7, 2005 while working at Catalina Care Center in Tucson, Arizona

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Johnson moved, Busby seconded, to grant licensure upon meeting all requirements, and issue a letter of concern for a misdemeanor conviction for misdemeanor reckless driving on November 15, 2005, in Superior Court of California, County of San Luis Obispo. After discussion, the motion failed with four in favor and fOur opposed. Hardy moved, Crawley seconded,

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Perry moved, Busby seconded, and it was unanimously carried to issue a letter of concern for failing to document circulation/motor/sensation checks to patient L.R.’s left leg on or about March 3, 2003 and March 4, 2003 while employed as a registry nurse at Banner Mesa Medical Center.

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A Fresh Idea: “Back To Caring” Would Put Nurses Back to Work…

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     I have three years’ worth of board meeting minutes left to review before I go into phase two of my research and travel back again to start reading each and every case and gathering my data for the research study. As I have journeyed back in time at the BON I see some disturbing trends and some opportunities that would help nurses re enter the workforce instead of ostracize them—especially those nurses, like myself, who have never had sentinel events, accusations of abuse or neglect or drug/alcohol infractions. I believe I have seen not one, but two HIPPPA violations that received “Letters of Concern” and not revocations……..Nurses who have had one or more DUI’s get a simple non publicized letter of concern. But isn’t that DUI placing the public well being at risk? If we go back to the writings and theory of Florence Nightingale , even she would be admonishing such a thing. Driving under the influence is like being at the controls of a powerful missile with the potential to kill, and it hardly seems proper to issue a simple letter of concern without some kind of course that remediates this behavior instead of encouraging it to occur. So far I have read of several nurses who have racked up two, three or more DUI’s, some of them extreme. Throughout my own investigation I was referred to as a potential danger to society, or as Nikki Austin put it, a nurse who pushes patients toward death because I educate about Hospice and Home care alternatives. Is the impaired nurse behind the wheel any less of a nurse who is putting patients at risk for death or dismemberment? What is the difference?

     Another disturbing trend I see is this insatiable need for the Arizona Board of Nursing to publish anything and everything in a person’s past as far back as 30 years —in one instance an individual was responsible for a vehicular homicide many years ago and moved here to Arizona, I wonder===whether it was to start a new life, to try and make some kind of effort at moving forward, to do something good with his life after such a tragedy, to reconcile what had happened by helping others. This was brought up during his application for a nursing license here. Can you imagine how traumatic and humiliating that might have been for this individual. We know nothing about him but can only assume that he made the cross country treck to heal…..to find purpose in life again, to try and find self forgiveness. How far is too far with the Arizona Board of Nursing?? ….Is there is a point at which it does more harm than good in the name of protecting the public?  Yet…still… there are many cases I have identified that could have been handled more aggressively to protect the public….but these were waived off. Im peeved, to say the least.

Nurses and LPN’s and CNA’s seeking licensure in this state are not immune to lengthy investigations that go back thirty or more years either. I feel like there has to be a line, a criteria, a stopping point. We are all human beings who have made mistakes in our past and are seeking new paths of change, new ways of doing better with our lives…..some of these people find that in seeking the role of a healthcare provider. I have seen several cases in which applicants are applying for RN exams or CNA exams slapped with consent agreements/revocations/probations even before having taken the exam. So here is my question—–with things like these on their licenses for people (employers) to see, they continue to pay for their past, unable to move on, unable to do better in life, and give back. Surely there are other ways to allow someone to take a test and grant them certification and request these applicants to submit their employee reviews to the board. Because, really, who is going to hire a new RN or CNA or LPN with a past right out of the gate? The message each rejection sends to that person is ” youre not good enough.” They have just invested years into learning and hoping for a new direction in life and here they are back at square one. There are other ways to monitor these individuals…..I know there is. A way that doesn’t rob them of the ability to make a difference in the world and within themselves to become better people.

 At times I feel as if the Board of Nursing expects absolute perfection and nothing less. For example, you cant even teach with two nursing degrees in this state if you have been disciplined by the board because===and this is what I have been told “we don’t want tainted nurses teaching our students.” Tainted? Do you know me? Did you take the time to read my resume and letters of reference and nursing philosophy and my writing portfolio? “No, we just check your license first.” Imagine for one moment, how many truly talented and big hearted hopeful people are turned away and judged every single day for their past, being told “you aren’t good enough.” Transformational and innovative leaders/thinkers that could help change the future of our profession…… It isn’t just me either, so many nurses in Arizona write and call me with the same words and that palpable  all too familiar pain in their voice: “But Im not a criminal, Im not some animal, Ive never hurt anyone, I just made a mistake and now I cant find a nursing job anywhere.” How does this help the workforce? How does ithelp our profession by yankng seasoned nurses out of the profession and leaving brand new grads on the floors housing the sickest of the sick? Be notified, its happening more and more. Its especially frustrating when hospitals will not hire new grads right now in favor of experienced veterans……well, with as many nurses as I have seen taken out of the profession between 2007-2014, we could have had some pretty good mentors out there providing some very good direction and leadership to the newer generations. But……lets not forget….the Arizona Board of Nursing must protect the public…..even if it means leaving the baby nurses out there alone with less and less veterans to help them grow and develop. Way to protect the public.

Now, envision an aircraft graveyard. Do you remember that movie with Patrick Dempsey in it called “Cant Buy me Love?” The scene where he takes the girl of his dreams to the aircraft graveyard? They are forever parked there, each one with a history all its own….some having flown historical missions, others having delivered scores of American Veterans back to their home soil after war…..they each have a beautiful start, a shining hopeful beginning when they are considered the latest and greatest thing, a commodity, the plane everyone wants to get a turn at flying……a turn in the cockpit….some of those pilots dream of the day they will get to do it…..and then something happens. Maybe the plane gets too old, falls out of the times, the technology, perhaps its too war torn, has logged too many miles….who knows, really. The point is, they remain there. Their journeys and stories hidden in the heart of each hollowed out interior. The same thing happens with nurses who are jerked out of servicing humans too soon. The disappointing and heart breaking thing is that it doesn’t need to be this way. Our Board of Nursing has become well known as the Draconian Era Board of Nursing among all boards across the nation. They haven’t moved forward with the times……..and ironically, they are participating with the “Future of Nursing Initiative.” (I went to Macayos with my family and had a Patron Margarita with my dinner after discovering that little jewel.)

Nurses. My greatest advice to you is to be PROACTIVE. KNOW THE PLAYERS ON THE PLAYING FIELD. Become familiar with, and even memorize your state’s statutes pertaining to healthcare workers, the nurse practice act and how and under what terms your Board of Nursing can “write its own rules.” Ill tell you right now, until enough of you start doing this and picking up on violations things will continue as they are, and they aren’t good from what most of you tell me across the nation. Network with your state’s legislators—-CONSTANTLY. Don’t let go! Don’t just give up! Its easy to say, but the way I see it, giving up means allowing more nurses and patients in this state to get hurt and I don’t want to be part of the problem, rather, I want to be part of the solution.

Research your board members! Investigate them as they do you====I mean, who are they? Do they post a CV or resume? Are they members of special interest groups? How long has it been since they have been a bedside nurse? Have they EVER been a bedside nurse? Are there term limits in your state? Is there a system for checks and balances so that some iota of justice is preserved? How are the board members appointed? By the governors office? Are they elected by peers? Are they simply nurse management or administrative officials??? Here’s a helpful tip–more often than not your State Nurses Association is tightly bonded with your state’s Board of Nursing. And the members of both those organizations are usually college professors or nurse administrators or managers—so be cautious who you go and talk to or who you trust.

     Research their outcomes. Yes, its boring, but, this is your career we are talking about and God willing no situation will arise when you have to go “there” but should you need to, its crucial to know who and what you are up against, their voting records, how many revocations and suspensions there are per year, read the past board minutes and get in touch with nurses who have been before the board before on Facebook, see if you can network that way so you can learn even more. By the time it is your turn, and hopefully it isn’t, you will have some kind of idea in your mind about the process and who is who. Also, do read the portions of the minutes where they discuss legislative updates and other pertinent information to your state’s practice environment====there is a lot of rich and useful data there! Go in smart! And as I have said time and time again ONLY HIRE NURSES ENDORSED BY THE AMERICAN ASSOCIATION OF NURSE ATTORNEYS. If you are in Arizona that is Teressa Sanzio and Lisa Gervase, orrrrrr a new aggressive high profile law group that just moved here.  They have heard of my case and have an excellent record defending clients—the Rose Law Firm. Administrative law is very very tricky and there are some attorneys here in my state who are more afraid of the AZBON than they are of dying that they forget to defend their clients properly. Do not make the same mistake!!!!! No matter what state you are in!

****If you ARE in Arizona, do not bother with an administrative hearing before an Administrative Law Judge to appeal your case, its just my opinion***

So far, my findings between 2007-2014 indicate that roughly 9 out of 10 rulings are in favor of the Arizona Board of Nursing. But—of course, that’s up to you. I did it because I wanted to know that in my own mind I prepared well,  fought until the end, I faced my worst fears in the face and stared them down and walked out holding my head high. Its funny, you think the worst moments of your life will always be these horrible memories, but those two days in administrative court were my proudest moments because in my heart I fought hard not just for me, or for my colleagues, or for my patient====but I “did the thing I didn’t think I could ever do.” And I’m still alive. They were changing days in my own life, a growth process for me.

     Virginia Henderson, Nurse theorist, once said that  “If for too long we deprive a person of what he values most—love, approval, fruitful occupation, this condition of deprivation is often worse than the disease we are attempting to cure.”   Think about this for a moment. In the past three and a half years I have had visit after visit, telephone call after telephone call with nurses in Arizona and other states that are hurting, and they are hurting badly. These are decent nurses, like myself. Nurses who have made their share of mistakes in their careers, or in their lives but have paid for them, taken accountability for them and now continue to pay for them at every job interview, or every time someone accesses their name on their State Board of Nursing Website. In our state, I heard that disciplinary records remain on the website for ten years. So for ten years, Arizona nurses in the same position I am will be subject to judgment each and every time we go on job interviews, interrogations, bias, and ultimately==passed over for gainful employment no matter what industry we choose to enter. How is that fair to ANY HUMAN BEING? OR THEIR FAMILY? I understand if the offenses involve reckless and wrongful death, neglect, and offenses similar to that, during their course of caregiving. But the rest of us. We are forever admonished. Over time that wears away at someone’s self-esteem, who and what they see in the mirror, their self-worth. I mean, come on, do a care plan on someone like this (that is if you even do them) and you can clearly see how their Maslow Pyramid has literally crumbled down to the foundation, their altered role status, their at risk diagnoses. Unfortunately, when it’s happening to you, you fail to perform the nursing assessment on yourself…..you fail to see how you slowly fail to thrive, and your health goes downhill……nurse after nurse……it’s the same story. Here in Arizona so many of them are hurting and so far along into mental anguish, despair, PTSD, they are no longer able to frame themselves, their present, their future, or who they see in the mirror every day in a therapeutic and realistic way. When the Board of Nursing does what they do without regard for ethics or for necessity, they overlook an important factor=====the human factor….and the family that has to suffer with their nurse. Because he or she is more than a nurse, now they are a wounded healer, daughter, son, sister, brother, wife, husband….friend. Many I know have been in and out of mental health units, some have tried committing suicide a few times. When you strip someone of everything they are, their identity, it has powerful consequences……they not only get punishment from the Arizona Board of Nursing, but they are punished at every interview, and they punish themselves every time they go home and see how they have ruined their family or their family’s future. In Arizona, Nursing is no longer a healing profession, its a mine field. And when you step on the landmine….there is nothing left.

     So what is the answer? What can make it better? What can help these nurses get back to work, reintegrate back into society,  get some counseling to improve their self-esteem, get support from their peers, and complete the terms of the punishment set forth from the Board successfully? I mean, the AZBON has a CANDO program for substance abusers, why not the rest of us? The idea is to reduce revocations, reduce surrenders, increase timely probation completion and remediate nurses in the areas the board thinks they need to be reeducated in. For example, for DUI offenders, have them do a few shifts at county hospital, ride along with the phoenix police department, or complete a course involving the consequences of DUI instead of just issuing a letter of concern????   For those with prior offenses that were centered on violence, offer the option to go to a regular anger management groups and have proof of sign ins. For those with boundary issues, send them to a class about maintaining boundaries instead of just issuing the standard letter of concern. When I read “Letter of Concern” I read “No big deal, on to the next one.” While I have been researching for my study I thought of several things. The number one reason most people cannot complete their consent agreements is because nurses on probation are not considered hire able, they are considered a liability, not trustworthy. There are very few to no places that will hire the nurse on probation, and the lucky ones are the nurses who are already employed when placed on probation. Myself, along with other nurses, have been told we are no longer marketable, we are a liability, we aren’t worth the risk. Hear that a few hundred times and get back to me on how you feel.

 

Truth be told, in a majority of cases the State of Arizona is spending hundreds of thousands of dollars supporting out of work or poverty stricken nurses out of work===and their families via cash assistance, food stamps, and AHCCCS. Why not implement a multipronged initiative, or program that helps get these nurses back to doing what they love and for some of them, what they were called to do all their lives???? It’s a simple concept. The Arizona Board of Nursing, working with the Arizona Hospital and Healthcare Association can collaborate on developing a comprehensive program that would find and contract with state funded clinics, DES nursing roles, homeless medical clinics, doctors’ offices or urgent cares that would be willing to host a nurse on probation on either a volunteer/precepting basis, submitting job performance reports as required by the board or the nurses would get paid at a reduced “probation rate” so that they could be earning an income while completing their probation terms.  Plenty of nurses on probation will tell you that its next to impossible to find work and your despair and hopelessness just continues to grow until you succumb to things like alcohol or drugs to cope with the pain and loss, or you succumb to the mental illness with some nurses thinking that the Arizona Board of Nursing staff are following them everywhere. (No, seriously, I have heard that from several nurses) I joke that they have a sniper assigned to me, but this is indeed a joke. My way of blowing off steam. (Or am I not allowed…) I blog enough that it wouldn’t be of any surprise that they haven’t had an IT guy and private investigator assigned to me throughout the duration of my case.

My point is, were losing good nurses, talented nurses, caring nurses, that could be out in the workforce right now this minute if a program called “Back To Caring” was developed and implemented to pull these nurses out of despair and give them their income back, getting them off of DES benefits and welfare, giving them their pride back, their self-esteem, their purpose. Not to mention giving them their role back within their families, restoring it to a point where they can be a better mother or father to their children again, a daughter or son to their parents…..and more importantly, become an active participant in society again. What is happening right now with the Arizona Board of Nursing is called dehumanization. The undoing of nurses little by little, an unraveling. And no one, no nurse, no family of a nurse, deserves to see it happen or experience it. Especially when there is a remedy for it. When there are possibilities.

With a program like “Back to Caring” in place, nurses would begin to heal. The State Board of Nursing could ensure that they are capable of being sound and ethical practitioners through a program like this. Continuing with the status quo, does nothing but continue a harmful cycle. Believe me when I say I know of nurses both here and outside of Arizona that have taken their own lives for something as simple as a patient complaint in which a patient wasn’t harmed and the patient was angry. (Why do you think I keep talking about my case, I do it in honor of my patient and the nurses who couldn’t make it out of the dark) Or a medication error that has hurt a patient. Or even having their sexual orientation held against them.  We are all nurses for God Sake—isn’t it our duty to care for each other and help each other along too?

If the Arizona Board of Nursing can send some of the nurses in my previous reports back out into the streets with nothing more than a slap on the hand….surely they are capable of exploring the meaning of the words “therapeutic, healing, and second chances.” Now whether they want to do the RIGHT THING, THE HUMANE THING…..well, of course, that’s up to them…..after all, they are in charge of

The Future of Nursing in Arizona

Without further ado……..the 2007 Board of Nursing Minutes

 

 

An attempt was made to contact the complainant, Schlomit Gruber telephonically. Turner was present and addressed the Board. Malloch moved, Robertson seconded, to issue a letter of concern for being insensitive and using inappropriate language while providing care for patient P.M. on June 9, 2006 while working at John C. Lincoln Hospital. After discussion, the motion carried with five in favor and one opposed.

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Wiggin addressed the Board with additional information. Grant was present, telephonically, and available for questions. Johnson moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to perform a complete assessment on a patient who had sustained a fractured right femur from a fall, while working at Gila River Indian Care Center, on or about June 1, 2006

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March

Harris was present and available for questions. Malloch moved, Link seconded, and it was unanimously carried to grant licensure and issue a letter of concern for the November 6, 1997, comments to a co-worker at Venice Hospital in Venice, Florida that she believed were “inappropriate, unprofessional, and sexual in nature,” and for his behaviors on December 22, 2004 and March 1, 2006, at Banner Good Samaritan in Phoenix, Arizona, that made other employees feel uncomfortable.

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Based upon the hearing transcripts, the Administrative Law Judge’s Findings of Fact, Conclusions of Law, Recommendation, and the information presented at this meeting, the Board members agreed that disciplinary action should be considered in this matter.

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Busby moved, Link seconded, and it was unanimously carried to accept as Findings of Fact the allegations contained in Paragraphs 1 through 38 and Conclusions of Law the alleged violations in Paragraphs 1 through 12.

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Malloch moved, Busby seconded, and after discussion it was unanimously carried to issue a letter of concern for poor medication administration to include pre-charting documentation of medication administration.

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Busby moved, Link seconded, to rescind the Order of Denial issued on September 12, 2006, grant CNA certification and issue a letter of concern for a 1993 conviction for theft, a 1999 conviction for shoplifting, and a 2004 conviction for threaten/intimidate and use of phone to harass, all misdemeanors. After discussion the motion carried with seven in favor and one opposed.

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Malloch moved, Link seconded, and it was unanimously carried to issue a letter of concern for inappropriate language and comments to co-workers about patients, on or about August 8, 2006, while as a travel nurse by Independent Nurses and assigned to the rehabilitation unit at Banner Good Samaritan Rehab Hospital in Phoenix, Arizona.

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Rix was present and available for questions. Rappoport addressed the Board with additional information. Link moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for the administration of 2 mg Morphine Sulfate intravenously to a patient with a known allergy and failure to follow medication administration standards of care on or about September 28, 2006, while employed as an ICU staff nurse at Paradise Valley Hospital in Phoenix, Arizona.

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Nelson addressed the Board with additional information. Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for an arrest for disorderly conduct for domestic violence on or about August 5, 2006 in Parker, Arizona.

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Adame was present and addressed the Board. Busby moved, Link seconded, to issue a letter of concern for abusing two residents verbally and emotionally while employed as a CNA at Hospice of Arizona and assigned to the Hospice Unit at Freedom Plaza. The motion carried with seven in favor and one opposed

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Hanson was present and available for questions. Nelson addressed the Board with additional information. Link moved, Busby seconded, and after discussion it was unanimously carried to issue a letter of concern for failing to complete paperwork required for recertification for continued care for five patients in or about July 2006 while working at Firstat Home Health Care Agency.

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Pop was present and available for questions. Torrez addressed the Board with additional information. Malloch moved, Busby seconded, and it was unanimously carried to issue a letter of concern for documenting on the medical record for resident L.S. that Dr. Rajan had been notified about the wound treatments on or about July 20, 2006, and July 22, 2006, when in fact Dr. Rajan had not been notified, while employed at Sun Grove Village Square.

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A VIOLATED, SECOND CHANCE CONSENT AGREEMENT An attempt was made to contact Nickerson telephonically. Barber addressed the Board with additional information. Malloch moved, Crawley seconded, and it was unanimously carried to offer an amended Consent Agreement extending the current probation for an additional 12 months with a relapse prevention evaluation scheduled within 15 days and completed within 30 days, a course in legal ethical nursing, monthly employer performance evaluations for the first 6 months, no further opportunity for the step down component, and no early release, to be signed within 30 days or proceed to noncompliance hearing.

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Busby moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for the July 2004 arrest for assault and domestic violence, during which Yond admits being intoxicated, and for failure to complete court requirements resulting in a warrant being issued for her arrest on or about January 19, 2006, in Phoenix Municipal Court.

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WHO IS GOING TO HIRE THIS PERSON WITH ALL THIS ON THEIR LICENSE??? Dooher was present and available for questions. Attorney Jay Ryan was present and addressed the Board. Nelson addressed the Board with additional information. Malloch moved, Crawley seconded, and it was unanimously carried to grant licensure upon meeting all requirements and signing a Consent Agreement for 18 months probation, to include the attached stipulations. If not signed within 30 days, deny licensure based upon the information contained in the investigative report and adopt the attached Notice of Charges for her practical nurse license and CNA certification. If an informal settlement conference is requested, the authority to settle is limited to the terms of the Consent Agreement offered at the Board meeting.

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Rivera was present and addressed the Board. Malloch moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for inappropriate behavior while caring for a female resident at Sunview Care Center in Youngtown, Arizona on or about October 12, 2006, resulting in the termination of employment.

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SO IN THE MEANTIME THIS PERSON CONTINUES TO TAKE CARE OF PATIENTS:   Scrivano was present and available for questions. Malloch moved, Link seconded, and it was unanimously carried to issue an Interim Order for a sexual misconduct evaluation to be completed by a Board approved evaluator and to include any additional testing deemed necessary by the evaluator, to be scheduled within 15 days and completed within 45 days and then return to the Board. If the Interim Order is not completed, adopt the attached Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order.

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SO IN THE MEANTIME THIS PERSON CONTINUES TO CARE FOR PEOPLE??? Lester addressed the Board with additional information. Hillyard was present and addressed the Board. Malloch moved, Crawley seconded, and after discussion it was unanimously carried, based on the information contained in the investigative report, issue an Interim Order for a psychological evaluation, to include substance abuse an anger management evaluation, to be completed by a Board approved psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled within 15 days and completed within 45 days and then return to the Board. If the Interim Order is not completed, adopt the attached Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order.

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THEY COULDN’T SEND THIS PERSON TO A BOUNDARIES AND ETHICS CLASS???? Link moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for giving a patient his personal phone number while working at the University Medical Center in Tucson, Arizona.

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May

Attorney Craig Martin was present and available for questions. Keller was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for refusing to submit a “for cause” urine drug screen on or about June 7, 2006, while employed at Tempe St. Luke’s Hospital.

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Grady addressed the Board and confirmed receipt of additional information. Langdon and attorney Mary Pryor were present and addressed the Board. Perry moved, Robertson seconded, to dismiss the case. The motion failed with three opposed and three in favor. Crawley moved, Malloch seconded, to issue a letter of concern for writing admission orders after the fact for another nurse practitioner and failing to document an assessment on or about October 20, 2000 at Scottsdale Healthcare Shea while employed by Neonatology Associates, Phoenix, Arizona. The motion carried with four in favor and two opposed.

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Torrez addressed the Board with additional information. Thomas and attorney Judith Abramson were present and addressed the Board. Malloch moved, Judith seconded, and it was unanimously carried to offer Consent Agreement for 24 months probation with the attached stipulations, amended to include: psychological and relapse prevention evaluation at 12 months, relapse prevention therapy, and other requirements to include: may be “on call” for one full weekend and three weekdays in one month only while employed at May Clinic Hospital in the Endoscopy lab; may complete the terms of Consent Agreement in the State of Colorado or New Mexico; psychiatric evaluation to be completed by an evaluator with expertise in substance abuse and psychiatric disorders; psychiatric treatment only if recommended by evaluator; Thomas may arrange for random UDS testing with her present employer Mayo Hospital Mayo Clinic Hospital. The testing must meet the Board’s standards. Thomas may also be tested in the State of New Mexico when she is traveling, or hearing.

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Andrews was present and addressed the Board. Johnson moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for submitting a urine drug screen positive for Morphine on or about October 2006 while working at Westminsister of Scottsdale in Scottsdale, Arizona.

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Malloch knows Susan Ubanks but shows no bias. Warder was present and available for questions. Crawley moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to submit a for cause urine drug screen on or about September 27, 2006 while working at Flagstaff Medical Center.

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Link knows James Guidry but shows no bias. Terry Grainger and Leslie Robinson were present and addressed the Board. Malloch moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for failing to maintain an accurate recording on the narcotic sheet for the amount of Methadone remaining in the container after administering the ordered amount of Methadone to E. O. on or about November 22, 2006, while employed at Evergreen Sun City Health and Rehabilitation Center in Sun City, Arizona. (Nurse 1)

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Link knows James Guidry but shows no bias. Terry Grainger and Leslie Robinson were present and addressed the Board. Johnson moved, Malloch seconded, and it was unanimously carried to issue a letter of concern for failing to maintain an accurate recording on the narcotic sheet for the amount of Methadone remaining in the container after administering the ordered amount of Methadone to E.O on or about November 22, 2006, while employed at Evergreen Sun City health and Rehabilitation Center in Sun City, Arizona. (Nurse 2)

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Link knows James Guidry but shows no bias. Terry Grainger and Leslie Robinson were present and addressed the Board. Johnson moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for failing to maintain an accurate recording on the narcotic sheet for the amount of Methadone remaining in the container after administering the ordered amount of Methadone to E.O. on or about November 22, 2006, while employed at Evergreen Sun City Health and Rehabilitation Center in Sun City, Arizona. (Nurse 3)

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Johnson moved, Link seconded, and after discussion it was unanimously carried to issue a letter of concern for using profanity when speaking to a resident on or about November 8, 2006, while employed at Kivel Campus of Care in Phoenix, Arizona.

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Johnson moved, Hardy seconded, and it was unanimously carried to issue a letter of concern for reportedly verbally and emotionally abusing two residents on January 10, 2007 and January 11, 2007 respectively while employed as a CNA at Santa Rosa Care Center, in Tucson, Arizona, and for reported sleeping on duty twice while employed as a CNA by Interim Health Care, in Tucson, Arizona in 2006

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July 2007

E. Hardy Smith, attorney, was present and addressed the Board. Corporaal was present and available for questions. Twigg addressed the Board and confirmed receipt of additional information. Johnson moved, Malloch seconded, and it was unanimously carried to issue a letter of concern for failing to accurately explain in skilled nursing notes why home visits were not made to a patient on March 6, 2006, March 13, 2006, and March 24, 2006, and what actions were taken to assure the patient received home care as ordered, while working for Centrum/Heritage Home Healthcare.

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Deanna Easton Black, complainant, Grant Perney, attorney, and Brooks were present and addressed the Board. Malloch moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for making unprofessional comments and failing to respond to family requests while caring for patient E.E., while working at John C. Lincoln Hospital in or about December 2005

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Rappoport addressed the Board with additional information. Johnson moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for failing to submit to a for-cause urine drug screen on or about January 26, 2007, while employed as a traveler nurse with HRN Services, Inc. and assigned to Desert Banner Medical Center in Phoenix, Arizona.

**********

Malloch knows Cindy Linville and Robertson is affiliated with Hospice of the Valley but show no bias. Rappoport addressed the Board with additional information. Johnson moved, Malloch seconded, and it was unanimously carried to offer a Consent Agreement for 12 months stayed suspension probation followed by 24 months probation with the attached stipulations or hearing.

 **********

Sanders was present and addressed the Board. Malloch moved, Busby seconded, to offer a Consent Agreement for a Decree of Censure, or hearing. After discussion, Busby withdrew the second. Motion failed. After further discussion Johnson moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for having a positive drug screen for alcohol in or about October 2006, while employed with Mesa General Hospital in Mesa, Arizona.

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Malloch moved, Woulard seconded, and it was unanimously carried to issue a letter of concern for failing to supervise staff and assuring resident complaints addressed in a timely manner.

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Munnell was present and available for questions. Malloch moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to document care provided to patient H.B., while working at Arizona State Veterans’ Home on or about February 7, 2007

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Rollan was present and addressed the Board. Rappoport addressed the Board with a technical correction to the investigative report. Malloch moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for intimidating residents while working at the Arizona Veteran’s Home in or about February 2007.

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Baloga was present and addressed the Board. Twigg addressed the Board and confirmed receipt of additional information. Malloch moved to dismiss the case for complaint #1 and offer a Consent Agreement for a Decree of Censure or hearing for complaint #2. Motion failed. Busby moved, Johnson seconded, to dismiss complaint #1 and issue a letter of concern for alleged potential violation of patient C.K.’s rights by inappropriate use of seclusion without a valid order and without permitting C.K.’s breaks for bathroom or fluids on November 1, 2006, while working at Tucson Medical Center’s Palo Verde Behavioral Health Center in Tucson, Arizona for complaint #2. After discussion, the motion carried with six in favor and two opposed.

 **********

SO THIS PERSON CONTINUES TO CARE FOR PEOPLE???? Malloch knows Deb Krmpotic but shows no bias. Schafer was present and available for questions. Munger addressed the Board and confirmed receipt of additional information. Johnson moved, Malloch seconded, and it was unanimously carried to issue an Interim Order for a sexual misconduct evaluation to be completed by a Board approved evaluator, to be scheduled within 15 days and completed within 60 days, then return to the Board.

 **********

Torrez addressed the Board with additional information. Johnson moved, Malloch seconded, and it was unanimously carried to offer a Consent Agreement for 24 months probation to include the attached stipulations amended to include: abstain from alcohol 12 hours prior to working, or hearing.

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THERE A REASON THIS PERSON CANT GO TO BOUNDARIES COURSES OR REMEDIAL PATIENT CARE COURSES INSTEAD OF JUST A LETTER OF CONCERN? Malloch moved, Robertson seconded, and after discussion it was unanimously carried to issue a letter of concern for being perceived as being rude to several patient care providers, and for overstepping her professional boundaries by becoming overly involved with the patients and/or families while employed at Gentiva Homecare in Phoenix, Arizona during 2006.

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Johnson moved, Malloch seconded, and it was unanimously carried to issue an Interim Order for a psychological evaluation by a Board approved evaluator to include boundaries and anger management, to be scheduled within 15 days and completed within 45 days and to include any additional testing deemed necessary by the evaluator. If not completed, issue a Notice of Charges based on information in the investigative

 **********

Busby moved, Malloch seconded, and it was unanimously carried to issue a letter of concern for reportedly being rough in the care of resident J.E. on November 3, 2006 while employed as a CNA at Santa Rosa Care Center, and for reportedly reporting for duty with alcohol on his breath on May 10, 2005 while employed as a CNA at Sabino Canyon Rehab and Care Center, in Tucson, Arizona.

 **********

Robertson moved, Link seconded, and it was unanimously carried to issue a letter of concern for a misdemeanor DUI conviction on January 25, 2005, in Mesa Municipal Court, in Mesa, Ariz

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Busby moved, Link seconded, and it was unanimously carried to grant certification upon meeting all requirements, and issue letter of concern for the December 17, 1988, and June 27, 1994, arrests in Tucson, Arizona, for the September 15, 1992, misdemeanor conviction for Drug Paraphernalia Violation, False Report to law Enforcement and Failure to Appear, in Tucson, Arizona, for the July 24, 1997, misdemeanor Shoplifting-Removal of Goods, in Tucson, Arizona, for the January 21, 1999, misdemeanor False Reporting to Law Enforcement, Possession of Drug Paraphernalia, Drive with License Suspended/Revoked/Cancelled, Marijuana-Possess/Use and failure to Appear, in Tucson, Arizona and for the June 28, 1999, conviction for Solicitation to the Unlawful Possession of a Narcotic Drug for Sale, Cocaine Base, a class 4 felony, in Tucson, Arizona.

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September 2007

Malloch moved, Busby seconded, and it was unanimously carried to allow Blumberg and additional thirty days to demonstrate compliance with the following terms: addictionologist/neuropsychological evaluations, enrollment in drug screening, entry into treatment, attendance at AA and Nurse Recovery Group.

 **********

Malloch moved, Crawley seconded, and it was unanimously carried to impose an Order of indefinite suspension pending the successful completion of a refresher and physical assessment course, followed by 24 months probation to include stipulations: notification of practice settings, monthly performance evaluations for the first 12 months, direct supervision, night shift/registry/traveling/float/home health/on call prohibited. If required courses are not enrolled in within 6 months and completed within 12 months, revoke professional nursing license

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Malloch moved, Crawley seconded, and it was unanimously carried to rescind the Board decision of September 12, 2006 to offer a Consent Agreement for 24 months stayed revocation with 12 months suspension and 12 months probation followed by standard 24 months chemical dependency probation, and offer a Consent Agreement for 24 months stayed revocation probation followed by 12 months standard probation with the attached stipulations to include on site supervision, to be signed within 5 days.

 **********

Malloch moved, Crawley seconded, to offer a Consent Agreement for 24 months probation to include the attached stipulations amended to include: evaluation by an addictionologist only if Blanton is unable to be managed without the controlled substance previously described, on site supervision, health dialogue as a telephonic advice nurse under compact license prohibited, or hearing. After discussion, Malloch withdrew the motion. Link moved, Malloch seconded, and it was unanimously carried to offer a Consent Agreement for 12 months probation with stipulations to include: abstain from alcohol, abstain from unauthorized drug use/proof of prescription, one prescriber, one pharmacy, pharmacy profiles, notification of practice settings, quarterly performance evaluations, night shift prohibited, registry/traveling nurse/float pool/home health work/on-call prohibited, neuropsych evaluation if not able to manage migraines through non-narcotic medications.

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Malloch moved, Link seconded, and it was unanimously carried to issue a letter of concern for failing to safely handle a resident’s medications so that another resident took the medications while working at Devon Gables Health Care Center in Tucson, Arizona.

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Crawley moved, Woulard seconded, and it was unanimously carried to issue a letter of concern for the incorrect dosing of Fentanyl and Marcaine and administering the medication by peripheral IV instead of epidural site as ordered, on or about September 7, 2005, while employed as an RN in the cardiac intensive care unit at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona

 **********

Malloch moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for failing to accurately document & maintain patient care records that accurately reflected administering IV medications to patients on or about September 24, 2004, while employed at East Mesa Care Center in Mesa, Arizona.

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Busby moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for an arrest and conviction for DUI in November 2006.

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Crain addressed the Board and confirmed receipt of additional information. Busby moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for a misdemeanor DUI conviction on October 2, 2006, in Prescott Justice Court and for failure to cooperate with the Board’s investigation.

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Nelson addressed the Board with additional information. Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for leaving her assigned shift without prior approval on our about March 12, 2007, while working at Hopi Healthcare Center in Polacca, Arizona.

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Torrez addressed the Board and confirmed receipt of additional information. Montgomery was present and available for questions. Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for failing to enter accurate and complete nursing documentation for intake and output volumes, vital signs and medications administered to patients A.G. and G.H. on or about May 19, 2007, while employed at Scottsdale Healthcare in Scottsdale, Arizona.

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Busby moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to undergo a urine drug screen on or about November 13, 2006, while working at La Loma Village Care Center in Sun City, Arizona.

 

 

 

 

 

 

 

 

 

By popular Request: The AZBON

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Jo Elizabeth “Joey” Ridenour, MN, RN, FAAN, executive director, Arizona State Board of Nursing, received the UA Alumni Association’s Public Service Award. She received her bachelor of science degree in nursing from Arizona State University in 1969 and her master’s of nursing in nursing administration from the University of Phoenix in 1993. With a strong foundation in nursing and nursing administration, Ridenour has given more than three decades of service to Arizona and the nation. She is held in high regard throughout the United States for her dedication to uphold high standards for quality nursing and health care. Ridenour has provided exemplary leadership in health care as president of the National Council of State Boards of Nursing, as well as through service as a member of the Arizona Governor’s Nursing Shortage Task Force, the Arizona Hospital and Healthcare Association’s Healthcare Institute and the Arizona Health Sciences Center’s Greater Phoenix Leadership Board.  The awards were presented by Christopher Vlahos, UA Alumni Association president and executive director; Lloyd Fox, UA Alumni Association board chair; and Meredith Hay, PhD, UA executive vice president and provost.

Jo Elizabeth “Joey” Ridenour, MN, RN, FAAN, executive director, Arizona State Board of Nursing

 

FACTUAL ALLEGATIONS:

  1. No set term limits
  2. Appointed by a non healthcare individual in the governor’s office
  3. Write their own rules (gives them a huge amount of power, the more of them that are passed by the legislature)
  4. Special lobbyist to move those rules through legislature quickly
  5. Three or four assistant attorney generals to handle case loads
  6. investigation times up to four years
  7. Disciplinary measures appear on nurse’s license to the public for ten years
  8. Subject to Sunset Clause within the Arizona State Legislature (You can read the audit reports at the office of the auditor general)
  9. Most, if not all board members haven’t been at the bedside in a very long time and have lost touch with current challenges to nurses in the trenches
  10. Not elected into office by their peers
Valerie Smith: Special Consultant to the executive director

Valerie Smith: Special Consultant to the executive director

 

Theresa Berrigan

Theresa Berrigan

 

Shawn Harell

Shawn Harell

Randy Quinn, CRNA, President

Randy Quinn, CRNA, President

Pat Johnson

Pat Johnson

Lori Gutierrez

Lori Gutierrez

Leslie Dalton

Leslie Dalton

Kim Post

Kim Post

Kathy Busby

Kathy Busby

Charleen Snider

Charleen Snider

Carolyn McCormies

Carolyn McCormies

The Daily: AZBON 2014 Outcomes–Inconsistencies

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I think what really gets under my skin is the fact that many of the nurses below were in complicated consent agreements, violated them without explanation, and yet the board voted to allow them to continue on those consent agreements. In my situation, I looked for work, I submitted my monitoring forms on time, and I kept in constant contact with Diva Galan (my babysitter at the board) to keep her apprised of  me and my daughter’s hardships. Yet, despite my communications with the Arizona Board of  Nursing a retired consultant to the Executive Director of the Board of Nursing makes the motion to have my license revokes–and accomplishes just that. She tells the administrative judge that the Arizona Board of Nursing “works with nurses going through hardships when they are on consent agreements. That clearly wasn’t the case with me. But then again, this is Arizona—where injustice is just a way of life.  So just how does the Arizona Board of Nursing decide which nurses to pluck out of the profession for life and which ones to pass on through the process??? And how on earth do some of the practitioners get away with heinous acts by receiving a wave of the hand with the “Letter of Concern” while others with far lesser offenses are dragged through the coals? Seriously, after reading through 2007, 2008, 2009, 2010, 2011, 2012, 2013, and 2014.. I’m confused, perplexed, and downright upset? I still cannot get the Arizona Board of Nursing to acknowledge the complaint I filed against the Banner Del E Webb Hospital nurse manager, Frank Fausto, who blatantly lied to the AZBON during my investigation when there was a witness to prove the facts. He never assessed my patient, much less documented one, nor did he initiate the patient safety policy at the hospital—all direct violations of the Arizona Nurse Practice Act—and because it is me filing the complaint, they will not investigate it. Had he told the truth my case would have had such a different outcome………..

If you’d like to comment/leave feedback you may do so HERE.

These are not all the nurses cases I came across, and am currently reviewing each and every consent agreement/probation/revocation etc and will update this site when that is complete.

January 2014

Taylor was present and available for questions. Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for (1) failing to complete a substance use evaluation by a Board approved evaluator who was at minimum Ph.D. prepared and instead completing an evaluation by a Licensed Professional Counselor in violation of paragraph 2, page 8-9 of the Order; (2) her September 17, 2013 absence from Nurse Recovery Group in violation of paragraph 2, page 12 of the Order and (3) for failing to cause the director of the ethics course to submit a letter to the Board acknowledging receipt of Consent Agreement and Order (“Order”) No. 1108014 in violation of paragraph 6, page 11 of the Order, and allow Board staff to revert Respondent to stayed revocation/probation and reduce the frequency of Respondent’s urine drug testing to a minimum of one time per month for the duration of the Order. Respondent’s Order shall remain in effect until terminated by this Board upon Respondent’s fulfillment of all terms and conditions of the Order.

Parks was present and addressed the Board. McCormies moved, Gutierrez seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No. 1209066 (“Order”) and issue a Letter of Concern for missing a Nurse Recovery Group in June 2013 and September 2013 in violation of paragraph 2, page 10 of the Order, and revert Respondent’s license to stayed revocation/probation with terms and conditions effective December 11, 2013. Respondent’s AGENDA ITEM VII.A.1.a. Order shall remain in effect until terminated by the Board upon Respondent’s fulfillment of all terms and conditions of the Order.

McCormies moved, Berrigan seconded, and it was unanimously carried to reopen Agenda Item VI.I.1. Post moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify your employer, SEMCO, of your Consent Agreement and Order No. 0803011 effective date May 6, 2009 through August 2, 2011 and allowing a physician with whom you had a personal relationship to provide supervision and monitoring reports to the Board without disclosing the personal relationship to the Board.

 

Dalton moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for (1) failing to cause your employer to submit in writing acknowledgement of Consent Agreement and Order No. 0903113 (“Order”) within seventy-two hours of the effective date in violation of paragraph 3, page 8 of the Order, (2) failing to cause two supervisors to submit in writing acknowledgement of the Order in violation of paragraph 5, page 10 of the Order, and (3) failing to cause your employer to submit monthly performance reports in March, 2013, April, 2013, May, 2013, June, 2013, July, 2013, and August 2013 and then again in September, 2013, October, 2013, November, 2013, and December, 2013 in violation of paragraph 4, page 9 of the Order and terminate Consent Agreement and Order No. 903113.

 

Nicholls was present, telephonically, and available for questions. Dalton moved, Snider seconded, and it was unanimously carried to allow Respondent to continue on the Consent Agreement and Order No. 0907071 and allow Respondent to fulfill the terms and conditions of the Order in the state of Texas and issue a Letter of Concern for failing to practice under the direct Supervision of a registered nurse from on or around June 18, 2012 to on or around August 15, 2013 while you were employed as a RN at Virdian Health Management in Phoenix, Az in violation of paragraph 16, page 17 of the Order and for missing one Nurse Recovery Group meeting in July, 2013 and for missing Nurse Recovery Group meeting from on or around October 25, 2013 to the present after you moved to Texas in violation of paragraph 6, page 9 of the Order. Respondent’s Order shall remain in effect until terminated by this Board upon Resident’s fulfilment of all terms and conditions of the Order.

 

Greabell addressed the Board and confirmed receipt of additional information. Dalton moved, Snider seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No. 1107108 and issue a Letter of Concern for: (1) Failing to enroll in Nurse Recovery Group within seven days of the effective date of the Order in violation of paragraph 4, page 9, of the Order; (2) Failing to attend Nurse Recovery Group from on or around September 19, 2013 to December 2013 and January 11, 2014 in violation of paragraph 4, page 9 of the Order; and (3) Failing to enroll in relapse prevention therapy within thirty days of the effective date of the Order in violation of paragraph 3, page 8 of the Order

 

Johnson was present and addressed the Board. McCormies moved, Dalton seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No. 0904052 (“Order”) and issue a Letter of Concern for failing to attend Nurse Recovery Group on May 29, 2013 in violation of paragraph 1, page 10 of the Order and failing to cause Dr. Peter Mitchell to submit a letter to the Board acknowledging receipt of Consent Agreement and Order NO. 0904052 when he prescribed a controlled substance to you following a surgical procedure on May 4, 2012 in violation of Paragraph 5, Page 12 of the Order. Respondent’s Consent Agreement and Order No. 0904052 shall remain in effect until terminated by this Board upon fulfillment of all terms and conditions, but Respondent may be allowed to step-down the frequency of her random drug testing to on-call and is no longer required to submit reports from Nurse Recovery Group and Alcoholics Anonymous.

 

Gregory was present, telephonically, and addressed the Board. Post moved, McCormies seconded, and it was unanimously carried, based upon the language of the Order and the information contained in this Monitoring Report, issue a Letter of Concern for five unexcused absences from Nurse Recovery Group in months July, 2013; August, 2013; September, 2013; October 2013; and November, 2013 in violation of paragraph 6, page 9 of the Order and for failing to submit to random urine drug testing on October 7, 2013 and November 6, 2013 in violation of paragraph 8, page 9 of the Order, and allow Respondent to continue on Consent Agreement and Order No. 1204064 and to dismiss Investigation Case No. 1310049.

 

 

 

March 2014

 

 

Johnson moved, Snider seconded, and it was unanimously carried to Issue a Letter of Concern for your June 24, 2013 conviction in the Peoria Municipal Court in Peoria, Arizona, for assault (domestic violence) a misdemeanor, his failure to report the charges regarding this incident within timelines set forth by the Nurse Practice Act, and for your June 8, 2011 performance failure, while employed with The Forum at Desert Harbor in Peoria, Arizona, where you failed to properly address toiletry issues of a patient under your care.

 

The proceeding began at 9:37 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez, Post and Busby.

All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation.

The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Carrie Smith, Assistant Attorney General, represented the State.

C. Smith addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law and to adopt the recommended Order.

Busby moved, Dalton seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 40.

Busby moved, Berrigan seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 through 9.

Busby moved, Dalton seconded, and it was unanimously carried to accept the Administrative Law Judge’s recommended Order to revoke professional nurse license No. RN137552, previously issued to Amanda Lucia Trujillo.

Post moved, Busby seconded, to issue a Letter of Concern for administering Ativan 2mg intramuscular to a patient that was experiencing a seizure without a physician’s order, reportedly in an emergent situation, when the patient became cyanotic, while you were employed as a registered nurse at St. Joseph’s Medical Center in Phoenix, AZ on or about September 7, 2012. The motion carried with nine in favor and one opposed.

 

McClain was present and addressed the Board. Busby moved, Gutierrez seconded, and it was unanimously carried to Terminate Consent Agreement and Order No. 1101002 and issue a Letter of Concern for: (1) Failing to submit monthly reports from prescribing providers for Suboxone for the first six months of the Order; (2) Failing to cause your prescribing provider at an Urgent Care clinic on August 9, 2011 to notify the Board in writing of the provider’s awareness of your history of substance use and Board Order within one week of issuing a prescription for Percocet, a controlled substance; however notifying your provider; (3) Having an unauthorized absence from Nurse Recovery Group on October 28, 2013 due to illness but without supporting medical documentation; (4) Failing to transcribe an anti-coagulation medication order in or around April 2013 while employed as a RN at Carondelet Hospital in Tucson, Arizona; (5) Failing to administer potassium to a patient per facility protocol in or around July 2013 while employed as a RN at Carondelet Hospital in Tucson, Arizona; and (6) Failing to obtain on-site supervision by a RN in good standing with the Board from on or about April 30, 2011 to April 30, 2012 while employed as a RN at Carondelet Hospital in Tucson, Arizona and amend to drop off #6.

 

was present and addressed the Board. McCormies moved, Busby seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No. 1009006 (“Order”) and issue a Letter of Concern for: (1) Failing to cause three prescribing providers to submit letters to the Board acknowledging receipt of the Order and for failing to cause these three providers to submit monthly reports to the Board verifying the continued need of Respondent’s prescription for a controlled substance; (2) Failing to attend one Nurse Recovery Group meeting in January, 2014 and not providing medical documentation to support the absence; (3) Failing to obtain evaluation by an appropriate medical professional to address the impact of Zomig on Respondent’s memory and continuing with individual therapy with an addiction therapist as recommended by the relapse prevention evaluation and allow Respondent’s IOP treatment from 2009 to fulfill Dr. St. Germaine’s Recommendation for IOP treatment, and may revert Respondent to standard probation and reduce Respondent’s drug testing frequency to once monthly for the duration of the Order. Respondent’s Order shall remain in effect until terminated by this Board upon Respondent’s fulfillment of all terms, which includes completion of the recommendation made by the relapse prevention evaluator.

 

Busby moved, Berrigan seconded, and it was unanimously carried, upon meeting all licensure requirements, grant license and issue a Letter of Concern for a misdemeanor conviction for Applicant’s May 8, 2009, conviction of Driving Under the Influence of Intoxicants and/or Drugs, a misdemeanor, with a Blood Alcohol Concentration of .171, committed on March 8, 2009, which resulted in your May 10, 2011, denial of Nursing Assistant Certification with the Arizona Board of Nursing.

 

Pazdzioch was present, telephonically and was available for questions. Gutierrez moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for not updating your primary address of record within the required 30 days and for on or about January 31, 2013, while Respondent was employed at Avalon Care Center, Shadow Mountain, in Scottsdale, Arizona, when Respondent was not comfortable with the way alert and oriented paraplegic resident J.B. was responding, Respondent stated to J.B., “You can call your Mom and tattle on me or not, I don’t care.” Resident J.B. replied, “I don’t need you to take care of me. Respondent answered, “Yes, you do or you could have pulled up your own sock.”

 

Busby moved, McCormies seconded, and it was unanimously carried to Issue a Letter of Concern for allegedly being rough with patient R.D. while assisting him to the toilet on or about December 27, 2012 and for making perceived statements indicating that Respondent was inconvenienced caring for R.D. while Respondent was employed as a CNA at Banner Boswell Rehab Center.

 

McCormies moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for performing a venipuncture in the foot of patient B.H. without a physician order on or about June 8, 2012, and failing to document the location of the blood draw in the medical record while employed as a RN at Harden Healthcare, Home Health Division, dba Girling Healthcare, Austin, Texas, on your compact multistate Arizona registered nurse license.

 

Gutierrez moved, Dalton seconded, and it was unanimously carried, issue a Letter of Concern for your positive random drug test for diazepam in a random urine drug test without a valid prescription on or about September 16, 2013, while employed as a RN at Northwest Medical Center, Tucson, Arizona.

 

Johnson moved, Snider seconded, and it was unanimously carried to deny Respondent’s request for an amendment to allow on-site supervision and issue a Letter of Concern for (1) failing to practice under the direct supervision of a RN from on or around February 26, 2007 to on or around June 8, 2007 while employed as a LPN at Plaza Healthcare in Scottsdale, AZ in violation of paragraph 4, page 8 of the Order; and (2) failing to cause her immediate supervisor at Desert Haven Care Center to inform the Board in writing acknowledgment of the supervisor’s receipt of the Order within seventy-two hours of Respondent’s date of hire in violation of paragraph 2, page 7 of the Order. Respondent shall be allowed to continue on Consent Agreement and Order No. 0506097, which shall remain in effect until terminated by the Board upon Respondent’s fulfillment of all terms and conditions of the Order.

 

Greabell addressed the Board with additional information. McCormies moved, Snider seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No. 1005039 (“Order”) and issue a Letter of Concern for (1) failing to cause her medical provider to submit an acknowledgement letter to the Board within seven days of beginning treatment in violation of paragraph 9, page 10 of the Order and for failing to identify her one treatment professional of choice within thirty days of the effective date of the Order also in violation of paragraph 9, page 10 of the Order; (2) failing to cause her medical provider to submit a monthly report in June 2012 due to receiving a prescription for Ambien in May, 2012 in violation of paragraph 8, page 10 of the Order; (3) missing six nurse recovery groups from on or around May, 2013 to on or around October, 2013 in violation of paragraph 4, page 7 of the Order and for (4) failing to cause her psychiatric provider to submit monthly reports to the Board acknowledging the continuing need for mood-altering substances in violation of paragraph 8, page 9 of the Order. Respondent may be allowed to step-down the frequency of her random drug testing to on-call and is no longer required to submit reports from Nurse Recovery Group and Alcoholics Anonymous.

 

 

The Daily: 2008 Arizona Board of Nursing ‘Letters of No Concern’

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**This is not the complete list of nurses for 2008, I am researching each and every probation/consent agreement/revocation and will update this page when I finish that**

(LETTER OF CONCERN = NO DISCIPLINE )

A new site was posted on Facebook today for people to relay their comments and views, you may do so HERE

January 2008

Johnson moved, Busby seconded, and it was unanimously carried to issue a letter of concern for storing pornographic materials in a locker that were discovered in or about May 2007 while working at Parc Place in Phoenix, Arizona.

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Busby moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for speaking with a patient in a loud voice, telling her to stop banging on her table, and referring to her as a “manipulative bitch,” on April 11, 2007, while working at Springdale West in Mesa, Arizona.

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Link moved, Busby seconded to issue a letter of concern for failing to assess, initiate resuscitation, call a code, or ensure that medically trained personnel accompany an apparently deceased infant that was brought into the lobby of the hospital on December 14, 2007, at Yuma Regional Medical Center in Yuma, Arizona. After discussion the motion carried with four in favor and two opposed.

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Perry moved, Link seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for the July 31, 2006, guilty plea and subsequent diversion program in the Pima County Consolidated Justice Court in Pima County, Arizona, for the misdemeanor charge of furnishing alcohol to a minor, and for the February 12, 2008, entry into a monitored diversion program in Tucson City Court in Tucson, Arizona, for the misdemeanor charges domestic violence assault, and two counts of contributing to the delinquency/dependency of a minor.

**********

Johnson is affiliated with Banner Thunderbird Medical Center, and Malloch knows Maria Hayes, but show no bias. Midkiff was present telephonically. Chavez was present and available for questions. Link moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for failing to check Baby B’s ID band with its mother’s ID band, resulting in the baby being given to the wrong mother for a breastfeeding, on or about June 16, 2007, while employed by Maricopa Medical Center, Phoenix, Arizona.

**********

Attorney Lynn Laney and Higgins were present and addressed the Board.   Malloch moved, Robertson seconded, to issue a letter of concern for allegedly pre charting intake and outputs, bowel movements, meal percentages, and pain assessments on several patients on or about November 27, 2007, while employed at Springdale West Care Center in Mesa, Arizona. The motion carried with five in favor and one opposed.

**********

Malloch and Hardy know Sue Hanauer but show no bias. Attorney Terry Hall was present and addressed the Board. Centenera was present and available for questions. Busby moved, Woulard seconded, and it was unanimously carried to issue a letter of concern for tossing a towel towards a patient’s face, and referring to a patient as a “bitch”, while sitting at the nurses’ station on august 21, 2007, while working at John C. Lincoln North Mountain Hospital in Phoenix, Arizona.

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Link moved, Malloch seconded, to rescind Board decision of January 2007 for 12 months probation, and issue a letter of concern for the February 2007 conviction in Glendale City Court for extreme driving under the influence of alcohol offense. The motion carried with seven in favor and one abstained.

**********

Malloch knows Rhonda Anderson but shows no bias. Nelson addressed the Board with additional information. Link moved, Robertson seconded, to issue a letter of concern for making entries in multiple medical records recording times of work accomplished after already going home from scheduled shift on or about January 27, 2006, resulting in being terminated from Banner Desert Medical Center for falsification of records.

**********

Link moved, Woulard seconded, and it was unanimously carried to issue a letter of concern for reportedly rough handling of a resident on June 4, 2007, while employed as a CNA at Apache Junction Health Care, in Apache Junction, Arizona.

**********

Torres was present, telephonically, and addressed the Board. Malloch moved to offer a Consent Agreement for a Decree of Censure or hearing. The motion failed. Perry moved, Johnson seconded, to issue a letter of concern for submitting a urine drug positive for Opiates (Codeine and Morphine) without proof of prescription for use on or about February 20, 2007 while working at Select Specialty in Phoenix, Arizona. After discussion the motion was carried with seven in favor and one opposed

**********

Link moved, Perry seconded, and it was unanimously carried to issue a letter of concern for the December 7, 2005 arrest by Flagstaff Police, for child neglect.

**********

Nelson addressed the Board with additional information. Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for failing to assess and falsifying documentation for patient M.M. and for failing to wash hands, and failing to wear protective equipment on or about July 16, 2007 while working at Maricopa Medical Center.(1st nurse)

**********

Nelson addressed the Board with additional information. Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to assess and falsifying documentation for patient M.M. on or about July 16, 2007 while working at Maricopa Medical Center. (2nd nurse)

 **********

Nelson addressed the Board with additional information. Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for failing to assess and falsifying documentation for patient M.M. on or about July 16, 2007 while working at Maricopa Medical Center.(3rd nurse)

**********

Link moved, Woulard seconded, and it was unanimously carried to issue a letter of concern for neglecting a resident’s care on August 26, 2007 while employed as a CNA at Sonoran Rehabilitation and Care Center, and for incurring a DUI in 2003.

 **********

Busby moved, Perry seconded, and it was unanimously carried to grant licensure upon meeting all requirements and issue a letter of concern for the March 28, 2002, Wrongful Possess/Use of Controlled Substance and Wrongful Distribute of a Controlled Substance, in Fort Belvoir, Virginia and for the July 27, 2006, alcohol related misdemeanor conviction for Reckless Driving in Las Vegas, Nevada

 **********

Crawley moved, Malloch seconded, and it was unanimously carried to grant licensure upon meeting all requirements and issue a letter of concern for the January 11, 2006 misdemeanor conviction for permitting life, health or moral of minor to be imperiled by neglect in Tucson, Arizona.

**********

Busby moved, Johnson seconded, and it was unanimously carried to grant certification upon meeting all requirements and issue a letter of concern for the multiple arrests from 1975 through 1989.

**********

Nelson addressed the Board with additional information. Malloch moved, Link seconded, and it was unanimously carried to issue a letter of concern for making inappropriate and unprofessional comments while working at Banner Desert Medical Center on or about October 6, 2006.

**********

March 2008

 

Busby moved, Link seconded, to dismiss the case and request the Advanced Practice and Scope of Practice Committees submit recommendation for the Board’s approval regarding abortions being performed by nurse practitioners. After discussion, the motion failed with six opposed and two in favor. Malloch moved, Johnson seconded, to offer a Consent Agreement for a Decree of Censure and to immediately cease performing surgical abortions or hearing, and request the creation of an advisory opinion by the Advanced Practice Committee and Scope of Practice Committee regarding abortions being performed by nurse practitioners. After further discussion the motion failed with five opposed and three in favor. Busby moved, to issue a letter of concern for performing abortions without clear direction from the regulations and statutes or the Board, and direct the Advanced Practice Committee and the Scope of Practice Committee to bring to the May 2008 Board meeting a recommendation for approval whether or not and under what circumstances abortions would be allowed to be practiced by a nurse practitioner. After discussion Busby amended the motion to include: and failure to seek formal opinion regarding whether or not the procedure was within the Scope of Practice. After further discussion, Link seconded the motion. The motion failed with six opposed and two in favor.

**********

Robertson moved, Johnson seconded, and it was unanimously carried to issue a letter of concern for verbal abuse of a resident on September 14, 2007 while employed as a CNA at Mountain View Care Center in Tucson, Arizona.

**********

May 2008

Link moved, Johnson seconded, and it was unanimously carried to grant licensure upon meeting all licensure requirements with a letter of concern for signing an Adult Diversion Program agreement on June 14, 1993, for felony theft of a credit card and tampering with physical evidence charges, in Navajo County Superior Court in Navajo County, Arizona, and for failing to disclose the diversion program to the Board.

**********

Olson addressed the Board with additional information. Attorney Robert Jarvis and Tjelmeland were present and addressed the Board. Crawley moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for failing to report to the Board within 10 days that charges were filed on July 19, 2005, with two counts of aggravated DUI, class six felonies, on the faulty advice of an attorney, and her subsequent conviction pursuant to a plea agreement, on May 4, 2006, of aggravated DUI, a class one misdemeanor, in the Maricopa County Superior Court in Maricopa County, Arizona

 **********

Figueroa was present and addressed the Board. Crawley moved, Robertson seconded, and it was unanimously carried to issue a letter of concern for using his keys in an attempt to separate or unclog a feeding tube on patient J. R on or about January 2, 2008, when assigned to work at Hacienda Healthcare by Concentric Healthcare Registry in Scottsdale, Arizona.

**********

Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for failing to report to the Board a licensed nurse who may be guilty of unprofessional conduct

 **********

Parlin addressed the Board with additional information. Lane was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to grant licensure upon meeting all requirements with a letter of concern for the July 3, 2007 conviction for misdemeanor Possession of Drug Paraphernalia in Tucson, Arizona.

**********

Busby moved, Crawley seconded, and it was unanimously carried to issue a letter of concern for inappropriate conduct and statements made while working at Chandler Regional Medical Center in or about November of 2007, and for making a false statement to a Board investigator during the course of a Board of Nursing investigation.

**********

Link moved, Busby seconded, and it was unanimously carried to issue a letter of concern for responses toward residents perceived as demeaning and rough while employed as a CNA at The River Gardens, Bullhead City, Arizona in November 2007.

**********

Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for witnessing and failing to timely report resident abuse while employed as a CNA at The River Gardens Rehab and Care Center, in Bullhead City, Arizona in November 2007. (1st nurse)

**********

Busby moved, Link seconded, and it was unanimously carried to issue a letter of concern for failing to timely report observations of abuse in November of 2007, while employed as a CNA at The River Gardens Rehab and Care Center, in Bullhead City, Arizona. (2nd nurse)

**********

 

July 2008

Caciola was present and available for questions. Busby moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for failing to document interventions or blood glucose results while caring for resident, T.M. on or about February 13, 2008 while working at Immanuel Campus of Care in Peoria, Arizona. (1ST NURSE)

**********

Parks was present and available for questions. Link moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failing to document any interventions or blood sugar results while caring for resident, T.M. on or about February 13, 2008 while working at Immanuel Campus of Care in Peoria, Arizona. (2ND NURSE)

**********

Nelson addressed the Board with additional information. Tesch was present and available for questions. Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to document any interventions or blood sugar results while caring for resident, T.M. on or about February 13, 2008 while working at Immanuel Campus of Care in Peoria, Arizona. (3RD NURSE)

**********

Marrott-Ware was present and addressed the Board. Leonard Ware was present and available for questions. Torrez addressed the Board with additional information. Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for being perceived as being verbally abusive to

residents while employed at Osborn Health & Rehabilitation Center in Phoenix, Arizona during December 2007.

**********

Carasco was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for being perceived as rough in the care of a quadriplegic patient on our about April 3, 2008, while employed as a rehab tech at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona.

**********

Link moved, Crawley seconded, and it was unanimously carried to issue a Letter of Concern for failing to consistently document controlled substance wastage, storing two controlled substance carpujets in work pack and failing to document the administration of one dose of morphine sulfate on one patient, on or about January 29, 2008, while employed as a staff nurse at St. Joseph’s Hospital & Medical Center.

**********

Malloch moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for administering 20 units of insulin to a patient instead of the ordered 2 units, allowing the patient to attend an activity off the unit instead of observing her on the unit after the error, and failing to accurately and completely document the incident in the medical record, on December 26, 2006, while working at Remuda Ranch, in Wickenburg, Arizona.

**********

Link moved, Crawley seconded, and it was unanimously carried to issue a Letter of Concern for documenting that dressing changes had been completed from on or about February 18 2008, to February 22, 2008, but the treatments were not completed, while employed at Plaza Del Rio in Peoria,

**********

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for being verbally inappropriate with a resident and handling her in a rough manner on or about September 7, 2006, while employed at Devon Gables, resulting in termination of employment.

**********

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for being reported to make a remark to a resident that was perceived as threatening, on or about February 22, 2008, while employed as a CNA at La Colina in Tucson, Arizon

**********

Malloch moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for reportedly referring to a resident as a “nasty old lady” in the resident’s presence on March 6, 2008 while employed as a CNA at RTA Hospice and assigned a patient at Kachina Point Healthcare, in Sedona, Arizona

 **********

Busby moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for being perceived by one resident as rude and to have been perceived as being rough in the area of a second resident while employed as a CNA at La Colina in March of 2008.

**********

Link moved, Crawley seconded, and it was unanimously carried to issue a Letter of Concern for making a remark to a resident that she perceived as derogatory in or about January 2008, and for failing to maintain professional boundaries with a resident while employed as a CNA at The River Gardens Rehab and Care Center in Bullhead City, Arizona.

**********

 

September 2008

Link moved, Busby seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a letter of concern for a Class 1 misdemeanor conviction for Extreme DUI on March 16, 2008 in Scottsdale, Arizona.

**********

Katz was present and addressed the Board. Busby moved, Robertson seconded, and after discussion it was unanimously carried to issue a Letter of Concern for being perceived as being verbally rough and abusive in the care of two residents on or about June 6, 2008 while employed as a CNA at Hacienda Rehabilitation and Care Center in Sierra Vista, Arizona.

**********

Nelson addressed the Board with additional information. Arnold was present and after discussion addressed the Board. Busby moved, Robertson seconded, and it was unanimously carried to issue a Letter of Concern for failing to assure a patient was secured on an operating room table on or about December 7, 2007 while working at Chandler Regional Hospital.

 **********

Lester addressed the Board and confirmed receipt of additional information. Mahlmeister was present and addressed the Board. Mahlmeister’s wife, Ebba Mahlmeister, was present and available for questions. Malloch moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for the arrest for Domestic Violence Assault on June 20, 1990, with the Mesa Police Department that

was later dismissed, and for the May 20, 2006 Domestic Violence Assault charge with the Gilbert Police Department where he completed a deferred program.

**********

Attorney Terry Hall was present and addressed the Board. Malloch moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow facility policies regarding the

Administration of Controlled substances in the hom from on or about 2005-2007, while employed at Interim Healthcare in Phoenix, Arizona.

 **********

Twigg addressed the Board with additional information. Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the surgeon at Desert Life & Rehabilitation Center resident’s tracheostomy tube was dislodged on or about February 25, 2007.

 **********

Malloch moved, Johnson seconded, and it was unanimously carried to offer a Consent Agreement to extend probation an additional 24 months to include the attached stipulations. If not signed, proceed to noncompliance hearing.

 **********

Link and Malloch know Troy Garland but show no bias. Malloch moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to complete, in a timely manner, assessments of six patients on or about November 5, 2007 while working at Chandler Regional Hospital in Chandler, Arizona.

 **********

Busby moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for reportedly placing a hand over the mouth of one resident, and perceived to be rude in comments to two other residents in or about June 2008, while employed as a CNA at Sun Health Acute Rehab and Care Center, in Sun City, Arizona.

 **********

Perry knows Carol Sorille but shows no bias. Malloch moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for arguing with a resident on December 25, 2007, about how high she needed to be in the bed while employed as a CNA at Manor Care, in Tucson, Arizona.

 **********

Sage addressed the Board with additional information. Johnson moved, Robertson seconded, and it was unanimously carried to issue a Letter of Concern for failing to accept an assignment and walking off her shift on May 10, 2008, while employed as an NA at Life Care of Paradise Valley, Paradise Valley, Arizona.

 **********

Ayiyi was present and available for questions. Attorney Micky Walthall was present and addressed the Board. Busby moved, Woulard seconded, and it was unanimously carried to issue a Letter of Concern for bringing residential care home clients to Ayiyi’s primary home on or about 2006 and failing to assure that self administration of medications was provided only by staff who had specific skills and knowledge to perform this service while co-owner and co-administrator of UYI Developmental Centers for Children in Phoenix, Arizona.

 **********

Link moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for extreme DUI conviction on May 19, 2008 in Tucson, Arizona.

**********

Wrasper was present and addressed the Board. Link moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for the April 16, 2008, conviction for extreme DUI in Scottsdale, Arizona.

**********

Puleo was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for the positive for marijuana drug screen on or about February 21, 2008.

**********

Perry knows Judy Bishcholl but shows no bias. Munger addressed the Board with additional information. Boivin was present and available for questions. Robertson moved, Perry seconded, and after discussion it was unanimously carried to issue a Letter of Concern for failing to complete leave slips between September 2006 and March 2007, resulting in payment for hours neither worked or accumulated, and for walking off the job and leaving patients waiting on March 6, 2006, while working for Value Options.

**********

Midkiff was present telephonically. Niederberg was present and available for questions. Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to correctly administer insulin to a patient while employed by Korman Staffing and working at Freedom Inn at Sun City, Arizona on or about February 14, 2007.

 **********

Romaro was present and available for questions. Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for assisting in a shower against a resident’s will on or about July 26, 2008 while employed as a CNA at La Canada Care Center in Tucson, Arizona, and for failing to report a shoplifting charge to the Board.

**********

Sage addressed the Board with additional information. Johnson moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for being perceived as being rough with residents and raising her hand to a resident in a threatening manner on June 26, 2008, while employed as a CNA at Life Care Center of North Glendale, Glendale, Arizona.

 **********

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for reportedly pushing a resident’s hands down in the dining room on July 20, 2008, and saying, “I told you to wait!” and for telling another resident to “Sit down!” while employed as a CNA at Suncrest Healthcare in Phoenix, Arizona.

**********

Link moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for leaving a confused resident alone on the toilet, resulting in his falling on April 10, 2008, and for using a mechanical lift improperly on April 3, 3008, causing a resident to be hit in the nose with a bar, while employed as a CNA at Good Shepherd Retirement Center in Peoria, Arizona.

**********

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for showering a resident against his will while employed as a CNA at La Canada Care Center, in Tucson, Arizona, on July 26, 2008.

**********

Malloch moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for reportedly being physically and verbally rough in the care of residents while employed as a CNA at LaRosa Healthcare in Tucson, Arizona on June 7, 2008 for complaint #1, and dismiss complaint #2.

**********

Link moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for holding her hand up on March 12, 2008, and telling a resident to “talk to the hand”, while employed as a CNA at Springdale West in Mesa, Arizona, and for a no call/no show to duty while employed as a CNA on September 18, 2006, at The Citadel in Mesa, Arizona.

**********

Link moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for an arrest on August 16, 2007 and conviction August 27, 2008 for extreme DUI.

‘The Daily’ AZBON: 2009 Not the Year for Elder Advocacy

Frank feeling pretty good about covering his ass at Banner Del E Webb and ruining another nurse's life by lying to the AZBON

**”Letter of Concern=No discipline”**

**This is not a complete list of the nurses, many are in consent agreements I am studying one by one and will update the blog site at a later time**

A new site was posted to Facebook today, if you would like to leave your comments and views of the AZBON you may do so HERE

January 2009

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for reportedly abusing two residents on August 8, 2008 while employed as a CNA at The Peaks Senior Living home, and for being arrested on July 11, 2008, for an open container of vodka in her vehicle.

 *******

Nelson addressed the Board with additional information. Gutierrez was present and available for questions. Perry moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for falling asleep while on duty on or about December 26, 2008, while working at Scottsdale Healthcare.

 *******

Malloch and Scott know Deb Krmpotic but show no bias. Busby moved, Hardy seconded, and it was unanimously carried to issue a Letter of Concern for failing to document and communicate a doctor’s order to hold an antibiotic for patient S.J. who stated she had a reaction to the antibiotic on or about January 24, 2009, while employed at Banner Baywood Medical Center in Mesa, Arizona.

  *******

Busby moved, Hardy seconded, and it was unanimously carried to issue a Letter of Concern for resident report that Pawelek slapped him and reports from other residents that Pawelek had been intimidating and rude in their care while employed as a CNA at East Mesa Care Center, in Mesa, AZ in or about January 2009

  *******

Link moved, Hardy seconded, and it was unanimously carried to issue a Letter of Concern for reportedly stealing money from a client in January and February 2009 while employed as a CNA with Bayada Nurses, and for sleeping on duty on or about October 6, 2008 while employed as a CNA at Handmaker’s Jewish Services for the aged.

  *******

Hardy moved, Robertson seconded, to issue a Letter of Concern for Calkins’ receipt of written and verbal warnings related to lack of communication and care for a resident who developed Stage III and Stage IV wounds, while employed at Brighton Gardens/Sunrise Senior Living, in Scottsdale, Arizona. After discussion the motion carried with five in favor and two opposed.

  *******

Malloch and Scott know Deb Krmpotic but show no bias. Attorney Teressa Sanzio and Knott were present and addressed the Board. Hardy moved, Scott seconded, and after discussion it was unanimously carried, upon meeting all requirements, grant licensure and issue a Letter of Concern for failing to document a conversation with a physician regarding an assessment of a pregnant patient who presented with decreased fetal movements and no fetal heart tones on or about December 26, 2008 and on or about August 18, 2008, failure to appropriately monitor and intervene during an extended labor for a patient who subsequently went into respiratory distress who had received approximately 9000 cc of IV fluids, while employed at Banner Baywood Medical Center.

  *******

Scott moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for neglecting to provide appropriate care to a resident at Desert Haven in or about May 2007, and for placing a rolled up wash cloth in a resident’s mouth to prevent him from biting while being transferred in or about July 2007, while employed at North Mountain Medical Center in Phoenix, Arizona.

 *******

Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for diagnosing, treating and prescribing as an Adult Nurse Practitioner, without certification as an Adult Psychiatric and Mental Health Nurse Practitioner from on or about January 2009 to present.

 *******

Dahn addressed the Board and confirmed receipt of additional information. Attorney Teressa Sanzio was present and addressed the Board. Scott moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for violating HIPAA laws by disclosing individually identifiable health information in a public forum on or about September 30, 2008, while employed at Priority Care in Phoenix, Arizona.

  *******

Parlin addressed the Board with additional information. Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for the May 19, 2008, arrest for fraudulent schemes in Globe, Arizona and for allegedly having alcohol on her breath at work while employed at Gila County Division of Health and Community Services on May 12, 2008

 *******

Perry knows Suzie Link but shows no bias. Perry moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for documenting in the medical record that resident W.T. was breathing and had a faint pulse, and also for providing false information to the paramedics regarding the resident’s condition when the 911 call was made on or about November 6, 2008, while employed at Apache Junction Health Care Center in Apache Junction, Arizona.

 *******

Attorney Kelly McDonald was present and addressed the Board. Dunker was present and available for questions. Busby moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for the multiple arrests, citations, or charges related to a 2008 Order of Protection against her by her ex- husband, resulting in the January 21, 2009, conviction of aggravated harassment, a misdemeanor, after initially being charged as a felony, in Maricopa County Superior Court in Maricopa County, Arizona; her August 24, 2009, conviction of interfering with judicial proceedings, a misdemeanor, the Dreamy Draw Justice Court in Phoenix, Arizona; her Jun 25, 2009, diversion program for the misdemeanor charge of failure to comply with a court order in the Scottsdale Justice Court in Scottsdale, Arizona; ; October 28, 2009, deferred sentencing for the misdemeanor charge of interference with judicial

proceedings/domestic violence, in the Peoria Municipal Court in Peoria, Arizona, and for her failure to report to the Board, being charged with a felony within 10 days of the charge being filed.

 *******

Perry knows Kathy Lochiter but shows no bias. Johnson moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the physician that resident J.O. had not received Lisinopril and Zoloft during April 2009, and also for failing to review the Medication Administration Record (MAR) for resident E.B. who subsequently received Metoprolol Succinate twice a day instead of the ordered once a day for 24 days, while employed at Christian Care Center in Phoenix, Arizona.

 *******

 

Gala was present telephonically and addressed the Board. Scott moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for allegedly failing to adequately assess, document the assessment and respond appropriately to patient R.P.’s changing condition on or about December 26, 2007, while working at Palo Verde Behavioral Hospital in Tucson, Arizona.

  *******

Rosati was present and addressed the Board. Attorney Harry Mitchell was present and available for questions. Link moved, Johnson seconded, and after discussion it was unanimously carried to issue a Letter of Concern for failing to maintain minimum standards of nursing practice and failing to follow policies and procedures of the nurse’s employer designated to safeguard the patient, including unauthorized dispensing of medications while working at Mayo Clinic Hospital in Phoenix, Arizona in or about 2005 to November 2008.

  *******

Perry moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for violating facility policy by getting a resident up in a Hoyer lift without assistance on December 17, 2008, and for reportedly causing a resident to wait two hours to be changed on June 15, 2009, while employed as a CNA at Silver Ridge Village in Bullhead City, Arizona.

  *******

Perry moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for reportedly letting a resident wait two hours to be changed while employed as a CNA at Silver Ridge Village on June 15, 2009

  *******

Perry knows Deb Henry but shows no bias. Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to change 2 residents the entire shift on January 24, 2006, for failing to place an alarm on a resident on November 7, 2008, and for failing to report 2 episodes of alleged abuse on December 26 & 27, 2008, while employed as a CNA at Hacienda Rehab and Care Center in Sierra Vista, Arizona.

 *******

Perry moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for allegedly interrupting two conversations between a resident and his daughter and for reportedly neglecting the care of residents L.S. and L.L. in or about 2008 and 2009 while employed as a CNA at Plaza Del Rio.

  *******

Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for reportedly telling a resident on December 4, 2007, to go to the kitchen and get his own coffee, and for asking an LPN to give a resident some medicine “to shut her up” on February 25, 2009, while employed as a CNA at Sunbridge Estrella in Avondale, Arizona

 *******

Robbins was present and available for questions. Busby moved, Scott seconded, and after discussion it was unanimously carried to issue a Letter of Concern for sending the wrong medication and profile of a resident who was transferred to another facility, being reported for being rude and abrupt while employed as an LPN at Odyssey Healthcare on Jun 28, 2005, and for reportedly being responsible for a resident who was not changed in a timely manner while employed as an LPN at Hacienda Townley House on June 12, 2009

  *******

Busby moved, Scott seconded, and it was unanimously carried, for complaint #2, to issue a Letter of Concern for an arrest for domestic violence/disorderly conduct and domestic violence/criminal damage on December 30, 3008, in Douglas, Arizona.

  *******

Attorney Scott King was present and addressed the Board. Bence-Orgeta was present and available for questions. Busby moved, Perry seconded, and it was unanimously carried, for complaint #1, to issue a Letter of Concern for failing to administer a bolus dose of Magnesium Sulfate to patient S.M. in a timely manner, and restarting the intravenous (IV) pump without a second RN to confirm the infusion rate; for failing to follow hospital policy for hanging intravenous (IV) Pitocin, while employed at Chandler Regional Medical Center in or about May 2008; and for complaint #2, dismiss.   V

  *******

Malloch knows Kathy Kenny but shows no bias. Rappoport addressed the Board with additional information. Godfrey was present and addressed the Board. Attorney Kraig Marten was present and available for questions. Busby moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to monitor patient B.L. who was receiving anti-coagulant therapy for approximately six months, while employed as a family nurse practitioner at Maryland Gardens in Phoenix, Arizona

  *******

 

Busby moved, Hardy seconded, and it was unanimously carried to issue a Letter of Concern for reportedly using profanity and being rough in the care of residents while employed as a CNA in January and February, 2009, at Sungrove Village Care Center, and for a DUI in 2005

  *******

Link moved, Robertson seconded, and it was unanimously carried to issue a Letter of Concern for complaints from residents that respondent was rude and rough in their care when employed as a CNA in or about December 2008 at La Colina Care Center in Tucson, Arizona.

  *******

 

Hardy moved, Link seconded, to issue a Letter of Concern for a no call/no show on March 2, 2008, while employed as a CNA at Shadow Mountain in Scottsdale, Arizona, and for failing to report abuse in a timely manner while employed as a CNA at Scottsdale Village Square in December 2008. After discussion, Hardy amended the motion to read: Letter of Concern for failing to report abuse in a timely manner while employed as a CNA at Scottsdale Village Square in December 2008. The motion carried with seven in favor and two opposed.

  *******

Link moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failing to timely report suspected resident abuse on January 26, 2009, while employed as a CNA at SunBridge Estrella Care Center.

 *******

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for transferring a resident incorrectly with a Hoyer Lift on June 4, 2007, and leaving a resident urine soaked with the bed raised and no mattress on the floor while employed as a CNA at Mi Casa Nursing Center, Mesa, Arizona on July 25, 2007

 *******

Nelson addressed the Board with additional information. Boyd was present and addressed the Board. Robertson moved, Link seconded, and after discussion it was unanimously carried to grant licensure upon meeting all requirements and issue a Letter of Concern for inappropriate sexual relations with another employee who Boyd provided preceptorship training for in or about 2007, and for engaging in several incidences of unprofessional behavior while on duty at John C. Lincoln Hospital in Phoenix, Arizona

 *******

Link moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the physician in a timely manner regarding the change in condition for resident S.G. on or about February 12, 2008, while employed at Brighton Gardens of Scottsdale, Arizona

  *******

Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the physician in a timely manner regarding the change in condition for resident D. L. on or about November 11, 2008, while employed at Brighton Gardens in Scottsdale, Arizona.

  *******

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for the misdemeanor conviction of unlawful flight from a pursuing law enforcement vehicle and resisting arrest

 *******

Robertson is affiliated with Hospice of the Valley but shows no bias. Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for writing medication order for patient M.C. on or about October 26, 2007, without prior physician confirmation while employed by Hospice of the Valley in Peoria, Arizona.

  *******

Twigg addressed the Board with additional information. Attorney Kathleen Lambert was present and addressed the Board. Lariza was present and available for questions. Hardy moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for administering 100 units Novolin insulin to a patient rather than 4 units as ordered in or about December 2007, while working at University Physicians’ Hospital at Kino Campus in Tucson, Arizona.

  *******

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for reportedly rapping a resident on the head and telling her to “shut up”, while employed as a CNA in October 2008, at Avalon Shadow Mountain Care Center in Scottsdale, Arizona.

 *******

Link moved, Woulard seconded, and it was unanimously carried to issue a Letter of Concern for reportedly taking away resident’s call lights and failing to change a resident in a timely manner while employed as a CNA at the Citadel on June 28, 2008.

  *******

Midkiff addressed the Board with additional information. Hardy moved, Robertson seconded, and it was unanimously carried to issue a Letter of Concern for unprofessional behavior by misusing hospital equipment to show a download a co-worker’s significant other’s picture on a department’s computer screen saver and squirting lotion onto the picture, on or about August 27, 2008 while employed by Maricopa Medical Center, Phoenix, Arizona.

 *******

Parlin addressed the Board with additional information. Hardy moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for depositing a check made out to Mesa General Hospital into her personal bank account on or about September 9, 2006.

  *******

Graffeo was present and addressed the Board. Johnson moved, Link seconded, and after discussion it was unanimously carried to issue a Letter of Concern for the March 30, 2008, arrest for Domestic Violence and Disorderly Conduct in Tucson, Arizona.

 *******

Nelson addressed the Board with additional information. Spicer was present and addressed the Board. Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for documenting a treatment that was not completed for resident, G. S. on or about November 20, 2007 while working at Arizona State Veteran’s Home.

  *******

Anderson was present and addressed the Board. Hardy moved, Robertson seconded, and it was unanimously carried to issue a Letter of Concern for failing to direct the family of J.B. to take their son immediately to the Emergency Room after receipt of the family’s second telephone call on January 25, 2008, and failure to document the precise times of the written addendum and all telephone calls made and received within the medical record; while working in PACU at the Surgery Center of Peoria, Arizona.

                                                        *******

Torrez addressed the Board with additional information. Busby moved, Hardy seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the physician when there was a change in the condition of patient K.E. on or about September 15, 2007, while employed by MGA Healthcare Staffing and assigned to work at Boswell Hospital in Sun City, Arizona.

  *******

Malloch and Johnson know Colleen Hallberg but show no bias. Schettler addressed the Board with additional information. Loertscher *was present telephonically and available for questions. Busby moved, Woulard seconded, and it was unanimously carried to issue a Letter of Concern for failure to

contact a physician to clarify orders for oxygen delivery and notify the physician of the patient’s changes in respiratory status on or about November 1, 2007, while employed at Banner Good Samaritan Medical Center.

 *******

Link moved, Woulard seconded, and it was unanimously carried to issue a Letter of Concern for taking a suicidal patient to the shower without notifying or gaining permission from a nurse and locking the shower door, violating facility safety policies, and for fostering a personal relationship with the patient’s family while employed as a CNA on or about August 9, 2008 at St. Joseph’s Hospita

 

June 3

 

Perry moved, Scott seconded, and it was unanimously carried to rescind the Board’s decision of July 25, 2007 to offer a Consent Agreement for a Decree of Censure and issue a Letter of Concern for administering one dose of Dep-Provera to a patient without an order from a physician.

 *******

Reschke was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried, upon meeting all requirements, grant license and issue a Letter of Concern for using another person’s prescription and a one-time positive pre-employment UDS on February 6, 2009 and a one-time DUI arrest on or about February 5, 2009 by, the Tempe Police Department, Tempe, Arizona.

  *******

Hardy moved, Robertson seconded, and it was unanimously carried to issue a Letter of concern for being perceived by a patient as yelling and being rude to her because she was using her call light too much, causing the patient to be afraid of Cang, on or about August 19, 2008, while employed at Dell Webb Hospital in Sun City, Arizona.

  *******

Complainant Beth Kafer was present telephonically and addressed the Board. Hardy moved, Robertson seconded, and it was unanimously carried to issue a Letter of Concern for failing to maintain a therapeutic environment involving family and patient needs on or about August 25 and 26, 2008, while assigned to the care of patient W.B. at John C. Lincoln Hospital in Phoenix, Arizona.

  *******

Johnson moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for documenting that Brost flushed a patient’s dialysis catheter when she had not on or about December 3, 2008, while employed at Kindred Healthcare in Phoenix, Arizona.

  ******

Hardy moved, Robertson seconded, and it was unanimously carried to issue a Letter of Concern for repo*rtedly telling a patient to “shut up,” on or about January 26, 2009, while employed as an LPN at SunBridge Estrella Care Center, in Avondale, Arizona.

  *******

 

August 2009

 

Busby moved, Perry seconded, and it was unanimously carried issue a Letter of Concern for complaints from residents that respondent had been rough in their care and rude in her conversation and for behaving inappropriately on December 16, 2008, when assignment was changed while employed as a CNA at Good Shepherd Villa in Mesa, Arizona.

  *******

Linton was present and available for questions. Johnson moved, Hardy seconded, and it was unanimously carried, issue a Letter of Concern for failing to discuss and verify the plan of care and physician orders with the RN team leader, prior to placing patient’s A.M.’s IV rate at 100cc/hr, while employed as a practical nurse at Lake Havasu Regional Medical Center, on or about March 19, 2008.

  *******

Johnson moved, Scott seconded, to issue a Letter of Concern for removing portions of a patient’s medical records from the hospital on or about April 13, 2009, while employed at Banner Del Webb Medical Center in Sun City, Arizona. The motion carried with seven in favor and one abstained.

 *******

September 2009

 

Johnson moved, Gum seconded, to issue a Letter of Concern for using language and a tone of voice that is perceived as being bossy, intimidating, grouchy, argumentative, and opinionated by co-workers and residents, while working at Manor Care Health Services and Devon Gables Health Care Center in Tucson, Arizona. After discussion the motion failed with seven opposed and one in favor.

Busby moved, Link seconded, and it was unanimously carried to dismiss the complaint.

 *******

 

Malloch, Scott and Johnson know Colleen Hallberg, and Scott and Gum know Larry Volkmer but show no bias. Schlemmer and attorney James Fresbie were present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for inappropriately touching a co-worker and making verbal and written remarks on or about January 8, 2008 for a fellow co-worker.

 ******

Darby was present and addressed the Board. Johnson moved to issue a Letter of Concern for reportedly using profanity in reference to a resident on February 11, 2009, while employed as a CNA at Mountain View Manor in Prescott, Arizona. The motion failed for lack of a second. Busby moved, Scott seconded, and it was unanimously carried to dismiss the complaint.

 *******

Link moved, Scott seconded, and it was unanimously carried, complaint #1, to issue a Letter of Concern for inappropriately touching another individual without his consent on or about May 12, 2009, while employed at West Valley Hospital in Goodyear, Arizona

  *******

Nelson addressed the Board with additional information. Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for using inappropriate communication in a resident’s room in our about August 2007, while employed at Desert Life Rehabilitation and Care Center, for failing to notify the Board of a change of address and failing to complete and return an investigative questionnaire to the Board during the investigation.

  *******

Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for not carrying out a doctor’s orders on February 22, 2009, and for tying a plastic bag around a broken wheelchair brake on June 1, 2009, while employed as an LPN at North Mountain Medical and Rehab Center.

 *******

Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for residents’ perception that she was rough in their care while employed as a CNA at Angela’s Assisted Living in April 2009, in Tucson, Arizona.

  *******

After further discussion, Busby moved, Johnson seconded, to issue a Letter of Concern for being perceived as treating resident P.P. in a rough manner when putting her to bed on or about February 20, 2008, while assigned by All About Medical Staffing Nursing Registry to work at Clear Lake Regional Medical Center in Webster, Texas. The motion carried unanimously.

  *******

Sage addressed the Board with additional information. Attorney Richard Klauer and Robertson were present and available for question. Busby moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for brushing a resident’s teeth too aggressively on March 16, 2009, while employed as a CNA at Weyrich Healthcare in Scottsdale, Arizona.

  *******

Nelson addressed the Board with additional information. Gline was present and addressed the Board. Scott moved, Gum seconded, and after discussion it was unanimously carried to issue a Letter of Concern for ordering and administering a narcotic without a physician order and for failing to document the medication on the medication administration record given on or about March 6, 2009, while working at St. Joseph’s Medical Center in Phoenix, Arizona.

 *******

Complainant Anita LaVee was present and addressed the Board. Rommel was present telephonically and addressed the Board. Scott moved, Johnson seconded, and it was unanimously carried to issue azBN

Letter of Concern for providing inadequate medical management for patient A.L., from on or about May 4, 2006, to in or about May 2007.

 *******

Johnson moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for the January 30, 2008 conviction, pursuant to a no contest plea of shoplifting, a misdemeanor, in the Bullhead City Justice Court in Bullhead City, Arizona, which was later dismissed when Tremain was discharged from probation on September 11, 2009, and for failure to report the shoplifting charge to the Board within 10 days of the charge being filed.

 *******

The Daily: Top 2010 Non Discipline Rulings by the AZBON

Valerie Smith. Consultant to the Executive Director of the AZBON believes nurses should all keep quiet about "everything learned during the course of a patient's care" I do believe that's what caused people to die at the VA, the State Mental Hospital, and the MCSO jails. Great example Val. You should be so proud.

*This is not a complete list of nurses reviewed in 2010, many were revoked, or were placed on consent agreements  

**”LETTER OF CONCERN = NO DISCIPLINARY ACTION**

If you wish to leave feedback about the Arizona Board of Nursing, your beliefs and comments, you may do so HERE

The Arizona Board of Nursing’s Mission:      

“Protecting and promoting the welfare of the public by ensuring that each person holding a nursing license or certificate is competent to practice safely.”

Putnam was present and addressed the Board. Scott moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for providing alcohol to a minor on or about December 23, 2009, while working from a “Crew n’ Health Mobile” for Phoenix Children’s Medical Hospital.

 ************************************

Midkiff addressed the Board with additional information. Attorney Charlie Hover was present and addressed the Board. Scott moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for injecting bleach instead of normal saline into a dialysis patient E.C.’s arterial line at the end of the dialysis procedure on or about April 15, 2009.

 ************************************

Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for appearing impaired by displaying slurred speech, and an impaired gait while on duty in or about May 2008, and for failing to document or provide accurate documentation for patients assigned to her care in or about May 2008, and June 2008, while working at Scottsdale Healthcare Osborn in Scottsdale, Arizona.

 ************************************

Moutz was present and addressed the Board. Scott moved, Johnson seconded, and it was unanimously carried, for complaint #1, issue a Letter of Concern for violating policy and procedures of the employer by inserting a nursing assessment note into the chart of patient J.F. on September 23, 2009, five days after the initial assessment was completed, while employed at Life Care Center in Paradise Valley in Phoenix, Arizona.

 ************************************

Colt was present and addressed the Board. Johnson moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failing to utilize the patient rights in administering medication and therefore making a serious medication error on or about October 26, 2009, and failing to administer scheduled medications on or about October 23, 2009, while employed at Banner Gateway Medical Center in Phoenix, Arizona.

 ************************************

Perry moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for the November 18, 2009, misdemeanor Shoplifting conviction in Surprise, Arizona.

 ************************************

Torrez addressed the Board with additional information. Elliot was present and addressed the Board. Johnson moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failing to complete and document patient assessments, carry out physicians orders and failing to report patients change in condition from on or about August 10, 2009 to January 6, 2010, while employed at Banner Gateway Medical Center in Phoenix, Arizona, and also for failing to report being charged with a DUI on or about August 9, 2009.

 ************************************

 

Link moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for injecting a patient with a contaminated needle in a flu immunization clinic on October 16, 2009, and falsifying the original incident information to her employer, Maxim Healthcare.

 ************************************

 

Midkiff addressed the Board with additional information. Johnson moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for reporting to work on or about October 22, 2009, with the odor of alcohol on her breath and for acknowledging using alcohol to treat a cough for approximately two weeks.

 ************************************

 

Kovach was present and addressed the Board. Scott moved, Link seconded, to issue a Letter of Concern for testing positive for marijuana on or about December 17, 2009, while working at Arizona Regional Medical Center. After discussion the motion carried with eight in favor and one opposed.

 ************************************

 

Perry moved, Scott seconded, and it was unanimously carried to rescind prior Board vote or September 2007, and issue a Letter of Concern for failing to immediately assume the care of a distressed newborn infant, and poor communication with co-workers, during an on-call delivery at Banner Mesa Medical Center on May 16, 2006, and for failure to timely respond to the Board’s investigative questionnaire.

 ************************************

 

Perry moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow policies and procedures to ensure newborn security and correctly identify newborns, and failing to maintain accurate records in our about May 2009, while working at St. Joseph’s Hospital in Phoenix, Arizona.

 ************************************

Pendergast addressed the Board with additional information. Link moved, Johnson seconded, to issue a Letter of Concern for use of marijuana and overdose of prescription drug on October 5, 2009, which resulted in hospitalization. After discussion the motion carried with five in favor and three opposed.

 ************************************

 

Attorney Amanda Damianakos was present and addressed the Board. Shelton was present and available for questions. Busby moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for the March 10, 2008, CPS substantiated finding of neglect, for the August 14, 2009, arrest

 ************************************

for domestic violence assault, both in Tucson, Arizona, and for failing to report the charges to the Board within ten days as required by Statutes and Rules.

 ************************************

 

Attorney Brad Gardner was present and addressed the Board. Johnson moved, Gum seconded, and after discussion it was unanimously carried to issue a Letter of Concern for taking Xanax while at work and leaving her shift without giving report on November 30, 2009, while employed at Banner Baywood Heart Hospital in Mesa, Arizona.

 ************************************

 

Johnson moved, Gum seconded, and it was unanimously carried to issue a Letter of Concern for failing to properly verify a narcotic medication, signed out and given to a patient as the correct medication ordered, resulting in an allergic reaction to the patient requiring Benadryl, on or about March 26, 2009

  ************************************

 

Pendergast addressed the Board with additional information. Attorney Kelly McDonald was present and addressed the Board. Hicks was present and available for questions. Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for multiple errors in the preparation, administration and documentations of methadone doses made on or about October 27, 2009, to on or about December 22, 2009, while working at Behavioral Awareness Center in Tucson, Arizona

  ************************************

 

Attorney Ken Baker and Heath were present and addressed the Board. Busby moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to obtain a physician’s order prior to twice administering morphine 4 mg IV to patient H.S., on or about October 04, 2009, while employed at University Physician’s Hospital in Tucson, Arizona.

  ************************************

 

Busby moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for allegedly violating the rights and dignity of residents while employed at Loving Care Agency and assigned shifts at ATP Campbell Group Home in Phoenix, Arizona in March 2010.

  ************************************

 

Sowins-Dunmire was present and addressed the Board. Scott moved, Link seconded, to issue a Letter of Concern for inappropriate touching of staff members on or about April 30, 2010 and May 5, 2010, while employed at Healthcare for the Homeless in Phoenix, Arizona. After discussion the motion carried with seven in favor and one opposed.

 ************************************

 

Schettler addressed the Board with additional information. Attorney Teressa Sanzio was present and addressed the Board. Burgos was present and available for questions. Johnson moved, Gum seconded, and after discussion it was unanimously carried to issue a Letter of Concern for missing Klonipin medication tablets x 10 that could not be accounted for on the Medication Administration Record or found in the medication cart, on or about May 27, 2008, which led to termination of employment from Maricopa County Correctional Services.

 ************************************

 

Busby moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for inappropriate conversations and showing photographs of a sexual nature while employed at Flagstaff Medical Center from January 2010 to March 2010.

 ************************************

 

Neri was present telephonically and available for questions. Attorney Scott King was present and available for questions. Johnson moved, Gum seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Letter of Concern for failure to report episodes of emesis, change in patient M.R.’s condition to the physician, and failure to assess/recognize a complication resulting in M.R.’s death due to aspiration on or about December 7, 2004, while employed at Evergreen Mesa Health and Rehabilitation

 ************************************

 

Morehead was present and addressed the Board. Busby moved, Perry seconded, and it was unanimously carried, to issue a Letter of Concern for falling asleep while on the job at Trillion Specialty Hospital on or about October 25, 2009.

 ************************************

Schettler addressed the Board with additional information. Link moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for failing to document vital sign changes reported to the E-ICU physician and the sedation orders received for patient M.A. from on or about December 5-7, 2008, while working at Banner Estrella Medical Center in Phoenix, Arizona.

 ************************************

 

Bymers addressed the Board with additional information. Williams was present and available for questions. Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to properly dispense, properly return and document narcotics per Policy and Procedure, resulting in one to three ten-packs (10-30 tablets) of Vicodin that have been unaccounted for, while working at Indian Health Services at Whiteriver Hospital on or about November 14-16, 2009.

 ************************************

 

Nelson addressed the Board with technical corrections to the investigative report. Busby moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to report a patient’s allegation that she was touched inappropriately by a staff member on or about October 28, 2009, while employed at West Valley Hospital in Goodyear, Arizona, and for making an incorrect entry in the patient’s medical record.

 ************************************

Lewis was present and addressed the Board. Johnson moved, Gum seconded, and after discussion it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Letter of Concern for failing to maintain professional boundaries and interactions with behavioral health patients while working with behavioral health patients at Desert Vista Hospital.

 ************************************

 

Torrez addressed the Board with additional information. Brawner was present and addressed the Board. Perry moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for testing positive for marijuana on October 1, 2009, at Banner Desert Medical Center, and on October 20, 2009, on a pre-employment urine drug screen for Maxim Healthcare Registry.

 ************************************

 

Schettler addressed the Board with additional information. Hoff was present and available for questions. Scott moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for writing medication orders for a patient without receiving an order from the physician on or about August 26, 2009, which resulted in her termination.

 ************************************

 

Scott moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for violating the Policy and Procedure of photographing patients without their consent while working at University Medical Center in Tucson, Arizona on or about May 18, 2009.

 ************************************

 

Midkiff addressed the Board with additional information. Busby moved, Scott seconded, to issue a Letter of Concern for transfusing one unit of blood to patient A.B. without a physician’s order on or about December 9, 2008, while employed at Arizona Heart Hospital. After discussion the motion carried with seven in favor and one opposed.

 ************************************

Perry, Malloch and Scott know Sue Hanauer but show no bias. Crandall was present and available for questions. Scott moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for writing a fraudulent physician order for the insertion of a brachial arterial line, without consulting the patient’s physician or receiving an actual order, on or about August 28, 2008, while employed as a CVICU nurse at John C. Lincoln, North Mountain Hospital in Phoenix, Arizona.

 ************************************

 

Scott recused herself to avoid the appearance of impropriety and left the meeting at 10:11 a.m. Hill addressed the Board with additional information. Fish was present and addressed the Board. Gum moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for practicing outside nursing scope of practice on Jun 14, 2009, by performing a needle-inserted thoracostomy under the guidance of the physician, while employed at Banner Gateway Medical Center in Mesa, Arizona.

 ************************************

Perry knows Teresa Griffith but shows no bias. Coyne was present and addressed the Board. Attoney Anthony Fernandez was present and available for questions. Johnson moved, Scott seconded, and after discussion, it was unanimously carried to issue a Letter of Concern for failing to assess or assure a registered nurse assessed a resident who was pushed to the floor by another resident resulting in the resident sustaining injuries and subsequently died on June 21, 2008, while working as the Director of Nursing at Desert Life & Rehabilitation Center in Tucson, Arizona.

 ************************************

 

 

Attorney Jim Baker and Roach were present and addressed the Board. Scott moved, Berrigan seconded, and it was unanimously carried, for complaint #1 to dismiss the case, and for complaint #2 to issue a Letter of Concern for failing to correctly document narcotic withdrawals and wastages between September 2008 and January 2009, while employed at Banner Baywood Medical Center in Mesa, Arizona.

 ************************************

 

Scott moved, Johnson seconded, and it was unanimously carried to reopen Agenda Item VI.G.1. Perry knows Sue Oberton but shows no bias. Midkiff addressed the Board with additional information. An attempt was made to contact Dr. Samuel Balk telephonically. Antic and attorney Craig Marlin were present and addressed the Board. Scott moved, Gum seconded, and it was unanimously carried to issue a Letter of Concern for calling in a prescription without prior physician authorization for Xanax on or about March 15, 2009, for patient C.G.

  ************************************

Crenshaw was present and addressed the Board. Johnson moved, Scott seconded, to issue a Letter of Concern for admitting to making comments perceived as threatening to coworkers in or about August 2009, while working at the Arizona Department of Corrections. The motion carried with seven in favor and one opposed

 ************************************

 

Schettler addressed the Board with additional information. Peralta was present and addressed the Board. Johnson moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failing

to perform routine skin assessments for hospice patient F.S., from on or about March 2008 to April 2008, while working at Hospice of the Valley in Phoenix, Arizona.

  ************************************

 

Scott moved, Busby seconded, to issue a Letter of Concern for writing an order for a chest x-ray for patient G.R. without a physician authorization on November 28, 2008, while employed at Maricopa Medical Center in Phoenix, Arizona. After discussion the motion carried with five in favor and three opposed.

 ************************************

 

Scott moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for administering Benadryl against hospital policy and without a physician’s order to patient P.B. on June 6, 2009, while employed at Flagstaff Medical Center in Flagstaff, Arizona.

 ************************************

Johnson moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for making rude and inappropriate remarks to co-workers and residents while employed as an RN in 2006 at Rosewood Ranch in Wickenburg, Arizona, and for failing to report an allegation of abuse in a timely manner in November of 2009 while employed as an RN at Meadow Park Care Center in Prescott, Arizona.

  ************************************

Torrez addressed the Board with additional information. Attorney Kelly McDonald was present and addressed the Board. Osborn and Camille Teague were present and available for questions. Busby moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for testing positive for marijuana on November 2, 2009, on a pre-employment urine drug screen at Scottsdale Healthcare in Scottsdale, Arizona.

  ************************************

Busby moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for administering medications against hospital policy, wrong route and without a physician order to patient P.B. on June 6, 2009, while employed at Flagstaff Medical Center in Flagstaff Arizona

  ************************************

Brand was present and addressed the Board. Busby moved, Perry seconded, to issue a Letter of Concern for administering Lovenox in error and later co-signing another nurse’s initials on or about November 9, 2009, while working at St. Joseph’s Hospital & Medical Center in Phoenix, Arizona. After discussion, Busby amended the motion to delete: “administering Lovenox in error and later”. Perry concurred. The motion carried unanimously.

  ************************************

Maya was present and addressed the Board. Busby moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for the administration of controlled medications without obtaining a physician’s order on or about November 6, 2008, while working at Hospice of Arizona – Freedom Plaza Inpatient Unit in Peoria, Arizona.

 ************************************

May 2010

 

Reale was present and available for questions. Attorney Lisa Gervase was present and addressed the Board. Busby moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for inappropriately administering the Morphine PCA to patient J.S. on May 23, 2009, while employed at Scottsdale Healthcare Shea in Scottsdale, Arizona.

 ************************************

Link moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for failing to report perceived physical and verbal abuse in a timely manner on December 8, 2009, while employed at Sun Grove Village Care Center in Peoria, Arizona.

 ************************************

 

Attorney Teressa Sanzio was present and addressed the Board. Gum moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for making comments to staff that were construed as sexual in nature in 2007 and 2008, while employed at St. Joseph’s Hospital and Medical Center.

 ************************************

 

Busby moved, Link seconded, and after discussion it was unanimously carried to issue a Letter of Concern for failing to correctly document pain medication administration and wastage for patients while employed in the Emergency Department at Valley View Medical Center.

 ************************************

 

Nelson addressed the Board with additional information. Roberts was present and addressed the Board. Link moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for attempting suicide on or about August 10, 2009, and on or about January 29, 2010.

 ************************************

Schettler addressed the Board with additional information. Treviso was present and addressed the Board. Scott moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for the administration of intravenous Benadryl to a patient, without a physician’s order on or about October 13, 2008, while working at Banner Del E. Webb Hospital.

 ************************************

 

Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for smoking marijuana on multiple occasions during the week of July 10, 2009, then subsequently testing positive on August 13, 2009, for marijuana on a pre-employment drug screen at Phoenix St. Lukes Medical Center.

 ************************************

 

Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for feeding a resident too rapidly, giving him the perception she was rude and rough and that he was going to choke, and for using inappropriate language in the presence of staff and residents on January 3, 2010, while employed as a CNA at The Peaks Healthcare in Flagstaff, Arizona, resulting in termination of her employment.

 ************************************

 

Perry moved, LInk seconded, and it was unanimously carried to issue a Letter of Concern for failing to assess and intervene when told on or about December 7, 2009, while employed at Arizona Grand Senior Living Community in Phoenix, Arizona.

  ************************************

July 2010

Neri was present telephonically and available for questions. Attorney Scott King was present and available for questions. Johnson moved, Gum seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Letter of Concern for failure to report episodes of emesis, change in patient M.R.’s condition to the physician, and failure to assess/recognize a complication resulting in M.R.’s death due to aspiration on or about December 7, 2004, while employed at Evergreen Mesa Health and Rehabilitation

 ************************************

 

Schettler addressed the Board with additional information. Johnson moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to assess a PTT laboratory test result for patient M.S. and titrate a patient’s Heparin IV rate according to order protocol, on or about February 23, 2009, while working at St. Joseph’s Hospital and Medical Center

 ************************************

Attorney Cody Hall and McGinnis were present and available for questions. Johnson moved, Gutierrez seconded, to issue a Letter of Concern for failure to follow up on abnormal diagnostic imaging reports in or about February 2004, while working at Tatum Internal Medicine. The motion carried with seven in favor and one abstained.

 ************************************

Scott moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for participating in the inappropriate handling, transporting and storing of schedule II medications by removing medications from a patient’s home and providing them for redistribution to another nurse for another patient use while working at Heartland Hospice in Tucson, Arizona on or about August 14, 2008.

 ************************************

Busby moved, Scott seconded, to issue a Letter of Concern for dispensing medication to patient R.D. and failure to observe the five rights of medication administration upon dispensing of medication to patient R.D. against hospital policy, on or about October 8, 2009, while employed at Banner Del E. Webb Medical Center in Sun City West, Arizona. The motion carried with six in favor and two opposed.

 ************************************

 

Nichols was present and available for questions. Scott moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for practicing beyond her scope of practice by stapling a patient’s laceration and failing to maintain an accurate medical record on or about January 15, 2010, while working at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona.

 ************************************

Ojameruaye was present and addressed the Board. Scott moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for administering Percocet to patient M.G. without a physician’s order on or about March 3, 2009, while employed at St. Joseph’s Hospital & Medical Center.

  ************************************

Torcende was present and addressed the Board. Busby moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to ensure correct documentation of Lorazepam administration to resident A.G. during December 2009, and January 2010, while working at Amie Rose Assisted Living Center in Arizona that resulted in a three month probation from the Arizona Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers on May 10, 2010

 ************************************

September 2010

 

Torrez addressed the Board with additional information. Rodriguez-Martinelli and attorney Charlie Hover were present and addressed the Board. Johnson moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow facility policies regarding documentation and wastage of narcotics on or about March 29, 2010, and March 30, 2010, while employed at Banner Del Webb Medical Center in Sun City, Arizona.

 ************************************

Debbie Hendrix was present telephonically and addressed the Board. Attorney Teressa Sanzio was present and addressed the Board. Mendiola was present and available for questions. Gum moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow facility policies regarding documentation and wastage of narcotics from on or about January 1, 2010 to February 10, 2010, while employed at Casa Grande Medical Center in Casa Grande, Arizona, and also at Cornerstone Hospital in Tucson, Arizona in or about July 2010.

  ************************************

Attorney Ken Baker was present and addressed the Board. Marshall was present and available for questions. Johnson moved, Busby seconded, to dismiss the complaint. After discussion, Johnson withdrew the motion. Scott moved, Gum seconded, and it was unanimously carried to issue a Letter of Concern for failing to complete neurological assessments on resident C.J. who had an un-witnessed fall on or about February 8, 2010, while employed at Peoria Good Shepherd Care Center in Peoria, Arizona.

  ************************************

Bymers addressed the Board with additional information. Attorney Kelly McDonald was present and addressed the Board. Dubin was present and available for questions. Busby moved, Link seconded, and after discussion it was unanimously carried to issue a Letter of Concern for providing inappropriate information to a vulnerable patient on or about April 29, 2010, resulting in termination from Banner Thunderbird Medical Center on May 10, 2010.

  ************************************

 

Dahn addressed the Board with additional information. Complainant Lenore Arnold was present and addressed the Board. Hilger was also present and addressed the Board. Johnson moved, Gum seconded, and it was unanimously carried to dismiss complaint #1. Johnson moved, Scott seconded, and it was unanimously carried, for complaint #2, to issue a Letter of Concern for failing to maintain professional boundaries between personal and professional issues with her patients from in or about 2007-2010.

  ************************************

Attorney Scott King and Woods were present and addressed the Board. Scott moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for performing a wound debridement on patient L.P., without a physician’s order on or about August 4, 2009, while working at Hospice of Arizona.

 ************************************

Scott moved, Gum seconded, and it was unanimously carried to rescind the Board’s prior decision to offer a Consent Agreement for a Decree of Censure, and issue a Letter of Concern for failing to provide for adequate RN supervision in her absence while working at Meadow Park Care Center on or about December 23, 2008.

 ************************************

Nelson addressed the Board with additional information. Attorney Jim Goodwin was present and addressed the Board. Scott moved, Gum seconded, and it was unanimously carried to issue a Letter of Concern for submitting a urine drug screen positive for phentermine without proof of prescription for its use on or about July 6, 2009, while working at Havasu Regional Medical Center in Lake Havasu, Arizona.

 ************************************

Nelson addressed the Board with additional information. Tiernan was present and addressed the Board. Johnson moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for improperly restraining patient T. L. on or about August 22, 2009 and August 28, 2009, while working at Hacienda Homecare in Phoenix, Arizona.

 ************************************

Perry moved, Gum seconded, and to issue a Letter of Concern for appearing impaired while on prescription medication while on duty on or about June 10, 2009, while working at John C. Lincoln- Deer Valley in Phoenix, Arizona. The motion carried with eight in favor and one abstained.

 ************************************

Link moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for failing to submit to an employer “for cause” drug screen on August 27, 2009, while employed at Banner Baywood Medical Center in Mesa, Arizona.

Behind Closed Doors: Special Edition/2011 AZBON Rulings

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Please note, that this is not a total list of nurses as there were many with consent agreements in progress that I have to look up and research for my study, I posted a sampling from each year.

If you’d like to pay a visit to the Arizona Board of Nursing and kindly give them a rating and a comment if you are so inclined, you can do that HERE.

January 2011

Johnson moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for testing positive for Norpropoxyphene on or about August 17, 2010, and again on August 21, 2010, and failing to provide a valid prescription for Darvocet while employed at Western Arizona Regional Medical Center.

 ******

Johnson was present telephonically and addressed the Board. Scott moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for administering narcotic pain medication to a patient prior to receiving a physician order on or about July 29, 2009, while working at Banner Boswell Medical Center in Sun City, Arizona.

 *******

Scott moved, Berrigan seconded, and after discussion it was unanimously carried, upon meeting all requirements, grant licensure and issue a Letter of Concern for the November 24, 1997, arrest for Disorderly Conduct and subsequent conviction of Disorderly Conduct-Fighting, a misdemeanor, and Contempt of Court on November 16, 1999, in the Yuma Municipal Court; the December 6, 1997 arrest for Driving Under the Influence and subsequent conviction of Driving Under the Influence, a misdemeanor on December 19, 1997, in the Yuma Municipal Court; the February 19, 1998, charge of Threats and Disorderly Conduct and subsequent conviction on December 29, 1999, of Disorderly Conduct-Language/Gesture And Threat-Intimidating with Injury-Damage Prop, a misdemeanor and Failure to Appear in the Yuma Municipal Court; the July 3, 1998, citation for Minor Consumption and subsequent conviction of Liquor-To Minor By Licensee/Underage Consumption and Failure to Appear 2nd Deg on November 16, 1999, in the Yuma Municipal Court; the November 15, 1999, citation for Hit and Run, a Felony, and subsequent conviction of Criminal Damage, a misdemeanor, on April 26, 2000, in the Yuma Justice Court; and the April 2, 2003, arrest for Criminal Damage and Unlawful Discharge of a Firearm, subsequent conviction of Criminal Damage – Tamper and Discharge Firearms in the City Limits (Shannon’s Law), on July 31, 2003, in the Yuma Justice Court.

 ******

Shawn Soumilas was present and addressed the Board. Andrea Roberts were present and available for questions..

Busby arrived at the meeting at 8:12 a.m.

Attorney Kelly McDonald, counsel for Copeland, was present and addressed the Board. Copeland was present and available for questions. Scott moved, Gutierrez seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. After discussion, the motion failed with four opposed, four in favor and one abstained.

*******

Shirley Miller was present telephonically and addressed the Board. Debbie Hite and Nichols were present and addressed the Board. Busby moved, Perry seconded, to dismiss the complaint. After discussion the motion failed with seven opposed and two in favor. Johnson moved, Gutierrez seconded, to issue a Letter of Concern for inappropriate interactions with a patient and patient family member on or about July 7, 2010, while employed at Stat Clinix Urgent Care in Payson, Arizona. The motion carried with eight in favor and one opposed

 *******

Schaffer was present and available for questions. Perry moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to ensure a complete surgical sponge count after a caesarean section procedure and document the final sponge count in the medical record on or about October 29, 2009, while working at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona.

*******

Nelson addressed the Board with additional information. Wilkerson was present and addressed the Board. Scott moved, Gum seconded, and it was unanimously carried to issue a Letter of Concern for multiple narcotic discrepancies in or about June 2009 until December 2009, while working at St. Joseph’s Hospital and Medical Center.

 *******

Finucan was present and available for questions. Perry moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failure to comply with policies and procedures and for inaccurate documentation on or about April 2010 to on or about June 22, 2010, while working at Bayada Nurses in Phoenix, Arizona

*******

Perry moved, Scott seconded, and it was unanimously carried to issue a Letter of Concern for writing a physician’s orders without authorization on January 24, 2010, while employed with West Valley Hospital in Goodyear, Arizona.

 *******

Link moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for a misdemeanor extreme DUI conviction on February 23, 2009, in Kyrene Justice Court in Chandler, Arizona.

*******

March 2011—-

Pullen was present telephonically and addressed the Board. Busby moved, Malloch seconded to issue a Letter of Concern for on or about July 27, 2010, while employed as director of nursing at Desert Haven Care Center, instructing an LPN to alter the medical record by removing patient J.D.’s possible suicide statement.

 *******

Overton was present and available for questions. Busby moved, Link seconded to issue a Letter of Concern for failing to accurately account for medications given to your assigned patients in or about February and March 2010 while working at MIHS in Phoenix, Arizona. After discussion the motion carried with eight in favor and one opposed.

*******

Torrez addressed the Board with additional information. Johnson moved, Link seconded, and it was unanimously carried too issue a Letter of Concern for making a statement “I will pull off more fluid and make you cramp” to D.M., a dialysis patient, which was overheard by a Department of Health Surveyor on or about September 1, 2010, while working at Rim Country Dialysis Center in Payson, Arizona.

 *******

Malloch recused herself to avoid the appearance of impropriety and left the meeting at 10:31 a.m. Stewart was present and addressed the Board. Attorney Thomas Griffith was present and available for questions. Busby moved, Gutierrez seconded to issue a Letter of Concern for failing to accurately account for medications given to her assigned patients in or about January and February 2010, while working at Scottsdale Thompson Peak Hospital in Scottsdale, Arizona. After discussion the motion carried with ten in favor and one opposed.

*******

Olson addressed the Board and confirmed receipt of additional information. Attorney Flynn Carey and Pennington were present and addressed the Board. Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for the May 13, 2010, conviction, pursuant to a guilty plea, of extreme DUI, a misdemeanor, in the Highland Justice Court in Gilbert, Arizona.

*******

Busby moved, Perry seconded, and it was unanimously carried to approve request and extend the time to complete a Refresher Course on or before March 2012, in order to complete the terms of the Consent Agreement and Order No. 0805051. (Non-Compliance/Compliance with Board Orders)

 *******

Gutierrez moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for administering Methadone and Klonopin to resident B.W., which was not prescribed, on or about January 18, 2010, while employed at Santa Rosa Care Center.

 *******

Busby moved, Perry seconded, and after discussion it was unanimously carried to issue a Letter of Concern for the October 23, 2009, citations by the Goodyear Police Department, which resulted in a conviction on April 22, 2010, of extreme DUI, a misdemeanor, in the Estrella Mountain Justice Court in Buckeye, Arizona, and for failing to report the charges to the Board within ten days as required by Statutes and Rules. After discussion the motion carried with seven in favor and four opposed.

 *******

Malloch moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to submit to a “for cause” drug screen and medication and documentation errors on February 5, 2010, while working at Arrowhead Hospital in Phoenix, Arizona.

 *******

Darley was present and available for questions. After discussion Perry moved to table Agenda Item VI.E.3. The motion failed for lack of a second. Busby moved, Perry seconded, to issue a Letter of Concern for failing to obtain a physician order for transferring the level of care and obtaining labs on patient L.G. on or about March 27, 2010, while employed with Banner Baywood Medical Center in Mesa, Arizona. After further discussion the motion carried with seven in favor and three opposed.

 *******

Purser was present telephonically and available for questions. Snider moved, Gutierrez seconded, to issue a Letter of Concern for writing a physician order for 1 to 3 mg of IV Dilaudid without physician authorization for patient C.M. on April 5, 2010, while employed with Western Arizona Regional Medical Center in Bullhead City, Arizona. After discussion the motion failed with five opposed and five in favor. Malloch moved, Berrigan seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure to include violation of rules 4-19-403(19) & (31). If not signed within 30 days, issue Notice of Charges. The motion carried with six in favor and four opposed.

*******

Dumas was present and addressed the Board. Busby moved, Gutierrez seconded, and it was unanimously carried, for incident #1 to issue a Letter of Concern for discontinuing a PICC line and failing to document its removal without a physician’s order, and for incident #2 to issue a Letter of Concern for discontinuing IV fluids and an antibiotic without notifying the medical provider or obtaining a verbal order.

 *******

Schettler addressed the Board with additional information. Reid was present and addressed the Board. Busby moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failure to document and account for the removal of 13 Oxicodone tablets in seven patient records.

 *******

Attorney Kelly McDonald was present and addressed the Board. Bokoe was present and available for questions. Malloch moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for allegedly failing to report a change in condition of patient C.B. on or about April 17, 2010, while employed at Hacienda Healthcare in Phoenix, Arizona.

 *******

May 2011 Minutes—-

Gutierrez moved, Perry seconded, to issue a Letter of Concern for entering electronic orders without physician approval on multiple patients for procedures performed in the International Radiology department from August 7, 2009, to in or about August 2010, while employed at Cancer Treatment Facility of America in Goodyear, Arizona. After further discussion the motion carried with eight in favor and two opposed

*******

Link moved, Berrigan seconded, and it was unanimously carried to approve request to allow time extension to complete RN Refresher Course, refresher course to be completed by December 31, 2011, in order to comply with Consent Agreement and Order No. 0808059.

*******

Kelly was present and available for questions. Malloch moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for refusing to submit to a random urine drug screen that was requested by the employer, Chandler Regional Medical Center, on or about August 12, 2010.

*******

Johnson moved, Quinn seconded, and it was unanimously carried to issue a Letter of Concern for failing to timely report a potentially serious medication error to a patent’s physician and report up through her nursing chain of command, on or about June 13, 2009, while employed at Life Care Center of Sierra Vista in Sierra Vista, Arizon

*******

Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of concern for violating the privacy for patient D. B. and J.F. by administering intramuscular medications to them in a public park on November 23, 2010, while employed at Southeastern AZ Behavioral Health Services in Benson, Arizona.

*******

July 2011—–

Torrez addressed the Board and confirmed the receipt of additional information. Ybarra was present telephonically and addressed the Board. Malloch moved, Dalton seconded, and it was unanimously carried, for complaint #1, issue a Letter of Concern for failing to intervene and assess a visitor who had a cardiac arrest on or about December 3, 2008, at Hacienda Rehabilitation and Care Center in Sierra Vista, Arizona, and for failing to cooperate with the Board staff during the course of the investigation.

*******

Malloch moved, Link seconded, and it was unanimously carried, for complaint #2, to issue a Letter of Concern for failing to cooperate with the Board staff during the course of an investigation concerning an anonymous complaint alleging that she failed to intervene and assess resident T.G. on March 3, 2010, while employed at Hacienda Rehabilitation and Care Center in Sierra Vista, Arizona.

*******

Busby moved, Link seconded, to issue a Letter of Concern for administering Versed, a sedative medication, to patient J.A.W. on or about February 15, 2010, without obtaining a direct physician’s order while working for Aureus Medical Group and assigned as a travel nurse to Banner Good Samaritan Medical Center in Phoenix, Arizona. After discussion the motion carried with ten in favor and one opposed

*******

Busby moved, Gutierrez seconded, to issue a Letter of Concern for directing a nurse to administer Narcan to patient D.A. when there was no physician order on March 17, 2011, while employed at Select Specialty Hospital in Phoenix, Arizona. The motion carried with eight in favor and three opposed.

*******

Link moved, Snider seconded, to issue a Letter of Concern for sleeping on duty in or about February 12, 2010, while employed at Fort Defiance Indian Hospital in Fort Defiance, Arizona. After discussion the motion failed with six opposed and five in favor. Quinn moved, Johnson seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure.

*******

Perry moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for allegedly instructing staff to falsify a medical record and to give false information to paramedics regarding the status of a full code patient who had expired.

*******

Link recused herself to avoid the appearance of impropriety and left the meeting at 8:06 a.m. Grady addressed the Board and confirmed the receipt of additional information. Attorney Ken Baker and Jorgensen were present and addressed the Board. Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to communicate abnormal lab results and the diagnostic/treatment plan directly to a minor patient’s parent/guardian, on or about October 16, 2007, while employed with Valley Obstetrics and Gynecology.

*******

Komadino was present and available for questions. Malloch moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to inform the physician of a change in health status on or about February 1, 2010 on patient M.W. while employed at Professional Home Care Services in Phoenix, Arizona.

*******

Malloch moved, Gutierrez seconded, and it was unanimously carried to rescind the Board decision of March 26, 2009, to offer a Consent Agreement for a Decree of Censure, and issue a Letter of Concern for exceeding nursing scope of practice on or about May 14, 2008, by writing a telephone physician’s order for placement of a Peripherally Inserted Central Catheter (PICC) without calling the physician.

 *******

Bymers addressed the Board with additional information. Johnson moved, Berrigan seconded, to issue a Letter of Concern for failing to administer medication, documenting medications were given when they were not, failing to follow physician’s orders, and properly administer intravenous medications, while employed at University Medical Center, Tucson, Arizona, on or about May 2009, resulting in termination. The motion carried with ten in favor and one abstained.

*******

Quinn moved, Link seconded, and after discussion it was unanimously carried to issue a Letter of Concern for violating boundaries while employed through MD Home Health to care for patient S.Y

*******

Schettler addressed the Board with additional information. Attorney Robertt Chelle was present and addressed the Board. McKenzie was present and available for questions. Link moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for establishing a personal relationship with patient G.B., managing patient services and obtaining billing waivers for her father, patient E.M., while working as the Clinic Director at Ageless Men’s Health clinic.

*******

 

Voight-Shisler was present and addressed the Board. Attorney Robert Chelle was present and available for questions. Busby moved, Johnson seconded and it was unanimously carried, for complaint #1, to issue a Letter of Concern for an arrest for Child Neglect. Busby moved, Snider seconded, to dismiss complaint #2. After discussion the motion failed with eight opposed and three in favor. Quinn moved, Link seconded, to issue a Letter of Concern for violating Kingman Regional Medical Center Policy dealing with delivery of care in the ICU/CVICU, while employed as a registered nurse in Kingman, Arizona for complaint #2. The motion carried with eight in favor and three opposed.

*******

 

Dahn addressed the Board and confirmed the receipt of additional information. Attorney Winn Sammons was present and available for questions. Wallace was present telephonically and addressed the Board. Malloch moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for evaluating and treating an adult patient for which she has not been educationally prepared to care for, in or about March through May 2008 while employed at Catholic Healthcare West

*******

 

Attorney Kelly McDonald was present and addressed the Board. Johnson moved, Link seconded, and it was unanimously carried to issue a Letter of Concern for failing to properly report and investigate two patient complaints, unprofessional behavior by staff members, and failure to follow the policy and procedure resulting in termination from Maricopa Integrated Health Systems, on or about April 2010.

*******

 

September 2011——

Schettler addressed the Board with additional information. Perry moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for striking a patient on the cheek and failing to communicate or document the patient’s baseline condition to a staff nurse assigned to assume the patent’s care on or about November 26, 2010, while working as Clinical Manager in the Emergency Department at Banner Desert Medical Center

 *******

Schettler addressed the Board with additional information. Ybarra and Danielle Jennings were present and addressed the Board. Busby moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for taking two medications simultaneously on or about March 23, 2011, and exhibiting signs of extreme drowsiness, the inability to communicate and inappropriate patient interaction, while on duty and employed at Chandler Regional Medical Center. .

*******

Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to document 2 Percocet on March 21, 2011, April 18, 2011, April 24, 2011, and 2 Vicodin on April 13, 2011, according to facility policy when she was assigned by Banner Staffing Services to work at Banner Desert Medical Center in Mesa, Arizona

*******

Quinn moved, McCormies seconded, to issue a Letter of Concern for failure to complete an initial count for sharps, instruments, and sponge accountability for patient P.T. on February 5, 2011, while working at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona. After discussion the motion failed with six opposed and four in favor. Malloch moved, Perry seconded, and it was unanimously carried to dismiss the complaint.

*******

 

Austin addressed the Board with additional information. Kimminau was present and addressed the Board. Malloch moved, Berrigan seconded, and it was unanimously carried, upon meeting all requirements, to grant licensure and issue a Letter of Concern for the following misdemeanor convictions: (1) misdemeanor larceny on August 16, 1982, in Denver, Colorado; (2) misdemeanor possession of marijuana on February 12, 1988, in Las Vegas, NV; (3) misdemeanor possession of controlled substance on May 9, 1990, in Las Vegas, NV; (4) misdemeanor possession of controlled substance on February 5, 1997, in Tonopah, NV; and (5) misdemeanor petty theft on October 29, 1997, in Henderson, NV.

*******

Busby moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for Fleek’s inappropriate conversation about his personal experiences and opinions relative to the nature of women while on duty at Arrowhead Hospital in Glendale, Arizona on February 9, 2011.

*******

Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for refusing to go to Occupational Health to be evaluated for slurred speech on or about July 19, 2011, while

on-duty and employed as a RN at Banner Desert Medical Center/Cardon Children’s Medical Center in Mesa, Arizona.

*******

 

Marine was present and addressed the Board. Berrigan moved, upon meeting all requirements, to grant licensure and issue a Letter of Concern for multiple arrests and convictions for drugs and alcohol, and

weapons charges from 1991 to 2007, in Sierra Vista and Tucson, Arizona. The motion carried with eight in favor and three opposed.

*******

Johnson moved, Malloch seconded, and it was unanimously carried to issue a Letter of Concern for pre- charting a chemotherapy infusion and alleged failure to document patient J.D.’s complaint of pain and/or follow policy regarding an alleged extravasation on or about October 8, 2009, while employed with Arizona Oncology Associates.

*******

Malloch moved, Gutierrez seconded, and it was unanimously carried to reopen Agenda Item VI.A.2. Lemond was present and available for questions. Malloch moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for documenting a physician’s order for insertion of a rectal tube for patient S.T. when Respondent had not spoken with, or obtained, an actual physician’s order for insertion of a rectal tube on patient S.T. and thereafter inserting a rectal tube into patient S.T. on or about July 3, 2011, while working as a RN at Banner Estrella Medical Center in Phoenix, Arizona.

*******

Wentzel was present and available for questions. Perry moved, Johnson seconded, to issue a Letter of Concern for inserting a nasal trumpet (aka nasopharyngeal airway) into a patient’s rectum and connecting the trumpet to a Foley catheter bag for purposes of managing the patient’s liquid stool, which resulted in a Letter of concern from the Tennessee Board of Nursing on or about August 9, 2011;

*******

Quinn moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for practicing beyond the scope of practice of a registered nurse on July 12, 2011, while employed at Oasis Hospital in Phoenix, Arizona.

*******

 

Perkins addressed the Board with additional information. Erikson was present and available for questions. Busby moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for failing to carry out wound care responsibilities for patient L.P. on April 4, 2011, patient M.W. on May 28, 2011, and patient C.D. on June 6, 2011, while employed at Hacienda Healthcare in Phoenix, Arizona.

*******

 

Perry moved, Busby seconded, to issue a Letter of Concern for failing to document 31 instances of medication administration of narcotics made in December 2010, while working at Banner Baywood Medical Center in Mesa, Arizona. After discussion the motion failed with eight opposed and three in favor. Johnson moved, Dalton seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. The motion carried with eight in favor and three opposed.

*******

Benavides was present and addressed the Board. Gutierrez moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for failing to report a Certified Nursing Assistant to the Board of Nursing after the CNA admitted that she had used methamphetamines on or about January 2010, where Respondent was employed as the Director of Nursing at Good Samaritan Society in Prescott Valley, Arizona.

*******

Malloch moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for writing orders for N.C. who was a patient at St. Joseph’s Hospital in Tucson, Arizona, and for an employee of Arizona Homecare Patient Infusion. Respondent assessed N.C. for home infusion services and wrote orders for infusion treatment when she did not have the authority or permission as an outside vendor to write orders in the medical record.

*******

Leware was present and addressed the Board. Gutierrez moved, Perry seconded, and it was unanimously carried to issue a Letter of Concern for taking a photograph of a patient’s leg with a personal cellular telephone camera, while working at Banner Good Samaritan Medical Center on or about January 17, 2011.

*******

 

Perry moved, Gutierrez seconded, and it was unanimously carried to grant licensure upon meeting all requirements and issue a Letter of Concern for the June 4, 2004, conviction in Maricopa County Superior Court for Leaving the Scene of an Injury Accident, a class 6 felony, which was designated a class 1 misdemeanor on June 25, 2007.

*******

 

Penn and attorney Kelly McDonald were present and addressed the Board. Busby moved, Snider seconded, and After discussion it was unanimously carried to issue a Letter of Concern for reporting to duty with the odor of alcohol, appearance disheveled and then leaving South Eastern Arizona Behavioral Health System in Benson, Arizona during her shift, on or about April 23, 2010, without making reasonable arrangements to provide patient care and leaving the facility prior to arrival of the Director of Nursing, when she was asked to stay, resulting in termination.

*******

 

Chustz was present and addressed the Board. Johnson moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for failing to evaluate patient M.C. who had reported episode of oxygen desaturation, and failing to document the incident in a timely manner and/or contact the patient’s physician, on or about February 16, 2011 while working at the Citadel Care Center in Mesa, Arizona

*******

 

Parlin addressed the Board with additional information. Attorney Terry Hall was present and addressed the Board. Gutierrez moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for the March 10, 2009 and April 12, 2010, charges for Interfering with Judicial Proceedings, and the August 27, 2009, charges for Assault and Disorderly Conduct, all in Chandler, Arizona, and for failing to report the charges to the Board within ten days as required by the statutes and rules.

*******

 

Dahn was present telephonically. Johnson moved, Perry seconded, to issue a Letter of Concern for failing to maintain a medical record that accurately reflects the nursing assessment, care, treatment, and other nursing services provided to patient K.O. on or about August 27, 2010. After discussion the motion carried with six in favor and one opposed.

*******

Wills was present telephonically and available for questions. Busby moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow Surgical Specialty Hospital’s drug testing policy on or about September 29, 2010, following a narcotic shortage (missing Percocet) while working for Concentric Healthcare Solutions as a Registry RN.

*******

Busby moved, Johnson seconded, and it was unanimously carried to grant licensure upon meeting all

requirements, and issue a Letter of Concern for the February 17, 2006, conviction of solicitation to possess a dangerous drug, and possession of drug paraphernalia, undesignated offenses, in the Pima County Superior Court in Pima County, Arizona, which were reduced to misdemeanors on May 9, 2007, when Seligman was discharged from probation.

*******

Ogden was present and addressed the Board. Snider moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for removing the controlled substance Dilaudid and not documenting the administration and/or waste for a total of 6.5 mg, from June 2010 to August 2010, while working at the Yavapai Regional Medical Center in Prescott, Arizona.

*******

Grady addressed the Board and confirmed the receipt of additional information. Martelli and attorney Teressa Sanzio were present and addressed the Board. Busby moved, Perry seconded, and it was unanimously carried, complaint #1, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges; and for complaint #2, to issue a Letter of Concern for multiple patient complaints about her manner of communication while employed at Arizona’s Children Association.

*******

 

Down the Ugly Brick Road: An Arizona Nurse’s Survival Guide

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 Did you know?……the AZBON recently disciplined a nurse for a suicide attempt?? if you’d like to comment and leave a rating you may do so HERE.

In recent weeks I have had multiple inquiries from nurses who now find themselves before the Arizona Board of Nursing. They have so many questions, they aren’t sleeping, they aren’t eating, they are literally in a tailspin of fear. And they should be fearful. One of the worst things you can do is enter into a wooded forest not knowing your enemy, not having a plan, with no one having your back. Nurses, when you are up against the AZBON time is of the essence. Although many investigations take upwards to four years these days (the Auditor General just hates that because it costs the state more money) you must use every minute of every day strategically. Unless you are in it, this all sounds like some kind of introduction to a video game or some magazine article. But, seriously, take it from me. Learn from my mistakes and be proactive. I meet with many nurses on the DL and am often referred to as the “underground railroad” for nurses because we meet in secret and I take great discretion in not discussing their cases. After all, their strategy is theirs, mine was mine. Don’t think for a second that every move I made these past three and a half years was not carefully calculated and their consequences anticipated. But being a whistleblower nurse is different. You have to fight the battle differently, you have to plan differently, everything about being a nurse whistleblower is very different from what most nurses face when they first get that piece of paper in the mail informing them that a complaint has been tacked onto your hard earned license. That being said, a nurse is a nurse is a nurse and we are all subject to the same process (unless of course you are Amanda Trujillo). Id like to give you all some tips to review should you ever find yourself standing with your mouth dropped to the ground and in a cold sweat as you open THAT letter……….

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  1. If you are involved in any incidents at work chronicle them diligently so you remember them. Names, dates, events, etc. Every detail possible. You will realize later how important that is. It helped me tremendously when the time came to send in my side of the story to the board. The day Venus Gaines, Michelle Winters, and Dr. Keng Yu Chuang had me fired I was already chronicling how things went down. From the moment unit secretary Kristie Reed yelled out from the nursing station that Dr Chuang threw a tantrum, to the meeting (or should I say interrogation) in Venus Gaines’ office……I documented every single tiny detail, including my assessment, my plan of care, quotes from the patient (even things she confided in me that I never published)…..I also documented who I went to for help, my night manager Frank. I documented his reaction to what I had to tell him and show him, I documented his responses….the list goes on and on. You save it as a word document and tuck that bad boy away for later.
  2. DO NOT, I REPEAT—DO NOT SIGN ANYTHING YOU DO NOT AGREE WITH!!!! ( I learned this the hard way, I thought I had to. I thought it was the law.) Even if you are being terminated do not sign the paper if you do not agree with it. If you do not agree with any counseling you get at work, DO NOT SIGN THE PAPER! During the time I had Cushings Disease my work performance at Mayo suffered and I didn’t think twice about whether I should or should not sign anything, everything about my mind and body was so jacked up I was just trying to survive each 12 hour shift—-so I signed whatever I was asked to sign, even though I didn’t agree with it. It hurt me later on. (to those managers, I hope someday you come to understand how sick I really was and how insensitive you were and how much compassion you lacked, karma is a bitch I hear) If you do sign anything, always keep it filed away for later! If you sign a termination paper, you keep that too! I know its tempting to rip it up and toss it out from anger (I did that) but you need it! So take a deep breath, fold it up and stick it away until you can calm down and catch your breath. Before leaving the hospital (you should be doing this as soon as you are hired, print out commonly needed policies and procedures and keep them with you at all times. You will need these later for your case if you are terminated) I have a HUGE FILE DRAWER OF BANNER POLICIES. Oh! And If you think you have grounds for wrongful termination, you absolutely write them a letter informating the corporate office of that as soon as possible! There is a statute of limitations in Arizona on that. Make sure you send letter discussing your intentions and send it certified mail so you know it was received. Now you can rest easy because you can go bsck to that at a later time if you still wish to pursue legal action.
  3. DO NOT PANIC AND PICK THE FIRST ATTORNEY YOU SEE ON THE INTERNET!!!! Please Please do not do this. I did. It was the biggest mistake I ever made, I hired an attorney based on fear==not on outcomes or reference. I have a pending complaint with the Arizona Bar Association for ineffective assistance of counsel against my first attorney. My second attorney was recommended by the American Association of Nurse Attorneys and she is an actual nurse who is specifically experienced with defending nurses successfully before the board, and specializes in administrative law. For those of you in Arizona DO NOT CALL ANYONE BUT TERESSA SANZIO OR LISA GERVASE! If they cannot take your case ask them to refer someone they know will do you justice and provide you a good defense. You can also call the American Association of Nurse Attorneys and they will give you a few names. There are a couple of attorneys in the valley taking advantage of nurses and not providing due diligence and its just wrong.
  4. Do your research. You’ll have plenty of time. This is the perfect opportunity to become familiar with the Arizona Revised Statutes as they pertain to the nurse practice act, the rules of the state board of nursing, the powers of the state board of nursing, or any legislative updates that affects what they can do to nurses during an investigation. Heres how it works. They have a lobbyist/attorney named Greg Harris who goes to the legislature to propose the rules the board writes for themselves and it is his job to get them pushed through. Because the legislature is so busy with immigration, Obamacare, and CPS or Education===they simply sign off on whatever the board wants to do…..failing to realize how much power they continue to give the Board of Nursing and how much it is hurting nurses.
  5. Save your breath. Yeah, that’s right. Don’t expect the American Nurses Association or the Arizona Nurses Association to have your back (the AZNA officials actually wrote to the ANA telling them not to help me and I was informed of this by one of the ANA higher ups later on) or your other local nursing organizations like the Hispanic Nurses Association. Even your colleagues you once thought were your friends will slowly disappear. So save the phone calls, no one will get involved in your case unless its you and your attorney unless you are a member of a protected class of people….in which case you can contact the Office for Civil Rights and they will help you—-readily I might add. Otherwise, no one wants to be associated with you, at least, not until your case is over….and even that is questionable. Unless you are a whistleblower nurse just keep quiet about your case. There is no need to be talking about it unless some gross injustice has occurred or its something that crosses with your oath and code of ethics. Trust no one, unless they have walked that mile in your shoes. Everyone else is a question mark. Except for your spouse, your kids, your parents, and your dogs.
  6. Finding work will be hard. The minute a complaint is filed against you it goes on the public page next to your name and license number, and any employer can look that up. The Board also publishes their allegations on that same page and potential employers read those things. Truth or not. Nurses with pending investigations, or probations, have an exceptionally challenging time finding work. The earlier you assess your financial situation the better. You need to evaluate your financial standing in order to plan for what promises to be a long road—after all there will be a period of joblessness, and attorneys fees to pay. Consider downsizing your home and using that money to help you through until you can find something stable for work.
  7. Surround yourself with support from nurses who have gone through similar traumas. I have begun a group called NurseANon here in the valley that is designed for just that. You give as little or as much info about yourself and your case as you are comfortable with. But believe me when I say it takes a village to get you through something like this. Board investigations are long, drawn out, and at times humiliating and infuriating. You see, they go back all the way to the point you first got your license, and then they visit every employer you have ever had and interview every person that HASN’T enjoyed working with you. By the time the investigation is done you come out looking like…..well…….something out of the Twilight Series. You may read things about yourself that will throw you into the depths of something dark, and this is where a solid support network of nurses and family will help keep you grounded, if your spiritual, prayer helps a great deal……

Access the American Association of Nurse Attorneys HERE.

Stop! Drop your mouse! And Call NSO to get liability insurance NOW!!!!! RIGHT HERE.

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The Steps down the AZBON’s ugly brick road are as follows:

***Legislative update: the state has recently given the Board of Nursing the ability to triage cases as level one, two, or three. So some cases aren’t taking up valuable time that can be used on more complex cases***

    1. You get the letter in the mail informing you of the complaint and giving you a deadline to submit your side of the story.
    2. You begin hunting for an attorney (make it easy, just call Teressa Sanzio and Lisa Gervase, period.  You cant go wrong with these two,  and you wont be throwing money down the toilet hiring someone who is clueless about administrative law)
    3. You go to meet with and talk to your attorney, explain what happened, and together you come up with a draft that will be sent to the AZBON. Your attorney may decide he or she will ask for the Board to dismiss the complaint or if the case is more complex they will advise you of your options.
    4. The next step is the actual meeting with your nurse investigator (pray you do not get Nikki Austin, there is a long line of wounded nurses behind her everywhere she walks, and I know this because they write me all the time) Your attorney will be present and she will prep you for this interview. My best advice is to meditate before going in because the investigators watch body language, the pitch of your voice, whether you make eye contact, what your mood is, how fast or slow you talk, or even when you ask to meet with your attorney privately. If you come off nervous and defensive===guess what, they will order a comprehensive psychiatric evaluation and even anger management and counseling sessions. So, watch your breathing, your speech, your tone, speak evenly and calmly and make good eye contact. Remember these people are human beings like the rest of us, they poop pee eat puke and put on their clothes just like the rest of us. During this meeting your nurse investigator will ask you questions about your side of the story. Hopefully before going into the meeting you and your attorney will already have a strategy to handle it.
    5. There may be yet another meeting at the Board of Nursing….this time with the Consultant to the Executive Director of the Arizona Board of Nursing, Valerie Smith. Make sure to cleanse your home and twirl around in the thick smoke of burning sage before being in the same room with her, I guarantee you will feel the very strong oppressive energy coming from her and if you are not prepared you will be intimidated and lose focus quickly. The other people in the room will be the nurse investigator and your attorney. My first attorney didn’t take the time to find out what evidence they had on me so when I went into this meeting I was clueless about what I was going to be answering to=====heres a hint, that should never happen! A good attorney will take you ahead of time to the Board to review everything “they have on you” so you are more than aware of what you may be answering to and have a fair chance at defending yourself. (I had never been counseled at Banner Del E Webb and had two good reviews as a new employee, but after I went public, all of a sudden shit started showing up in my employee file that I had no idea existed…..and I found out at the meeting. Talk about shocking……My attorney did not prepare me for it, and never took the time to do the right thing===my case suffered for it. ) Bottom line, always know what the enemy has on you before you go behind closed doors.
    6. After this meeting it will be time to assign your case to one of the board meeting schedules where the board will vote on what your punishment will be. Understand that the public can attend this meeting, nursing students, your peers. The meetings are live streamed so people from all over the nation can also log in to view the proceedings. I chose to send my attorney instead to avoid things appearing like a circus. I did however, appear at a private meeting with Valerie Smith, and did my own defense against the AZBON and the Attorney Generals Office in administrative court so I did my share of showing up. But I made those days count for something. Your attorney will tell you whether you need to be there or not. Listen to them. Again, my case was different. I had to handle it differently.
    7. Social Media—yes, they have IT guys assigned to monitor Facebook accounts. So, no tweeting about your case, no facebooking about your case, no blogging about your case…..put the racy pictures and drunk pictures on lock down, and change your privacy settings. I saw Joey Ridenour had an account and I don’t know if it is real but I put that one on the blocked list quick.
    8. There is a document called an investigative report that you have the right to request. I highly suggest you do it. For the simple fact that you know what is being put out there about you and where there were lies, embellishments etc. Its good to know who turned on you and what they said during the investigation to make your situation that much more Disney like. The investigative report has all the interviews that were done, and all the “allegations” and all the “evidence” against you. This document cannot be shared with the public—yes, I did it but because blatant wrongdoing had occurred, and unethical things had occurred at Banner Del Webb and with the Board so I had to adhere to my own morals, values, and ethics in publicizing it. BE PREPARED! THE BOARD LOVES TO DO ALOT OF CREATIVE WRITING AND YOU WILL FIND ALOT OF FALSE EMBELLISHING IN YOUR INVESTIGATIVE REPORT===TRY REALLY HARD NOT TO TAKE IT PERSONAL AND REMAIN IN TOUCH WITH WHO YOU KNOW YOU ARE!
    9. Want a surprise? Your initial letter may have come with a one sentence complaint. For example, mine was “nurse went out of scope of practice by ordering a physicians order.” Now if you think all that is on the table is that one complaint you get====you are so very wrong. The Arizona Board of Nursing will go back to every single facility you worked at and will make sure to access every single mistake you made, every single write up, and those will be made into charges to hold against you as well. Neat right? So basically you took accountability once for them, and now you will—for as long as the board says you will, and not only will you be held accountable for what you were initially reported to the board for, but there will be ADDITIONAL CHARGES based on whatever has happened throughout your career!!!
    10. Your Medical Records and Your Pharmacy Records are no longer your private property. They can and they WILL SUBPOENA them. If you demonstrate any type of mental illness or the use of certain prescription drugs they may hold that against you as well. Basically they are able to look anywhere and everywhere they want to find everything they can about little old you. One nurse who is currently being investigated by the Board told me his sexual preferences and his sexual practices as noted in the doctor’s progress notes are being used against him to establish that he isn’t a safe practitioner.
    11. The Rulings. Phew. Youre finally at the end of two years of this nightmare and its time for the board to vote…..here are the options “letter of concern, suspension, revocation, civil penalty, stayed revocation with suspension, summary suspension, probation.” You attorney will discuss these with you in depth and give you some ideas on what strategy is best at this point. B ased on many nurses experience, probation is the same as losing their license. In Arizona the general rule is that people don’t hire nurses under investigation, or on probation.
    12. You do have the option of appealing the board’s decision in Administrative Court, but from my research, I see that virtually all cases that go before the administrative law judge agree with the Board. So think twice before appealing…….
Yes, they hook in to ALL your social media!

Yes, they hook in to ALL your social media!

You can access the Arizona Nurse Practice Act HERE.

You can access the Rules for the State Board of Nursing HERE.

You can access the definitions of their rulings HERE.

You can access past board meeting minutes HERE.

You can access final discipline records HERE.

You can research the actual board members HERE.

 

So there you go…..a brief synopsis. I hope that answers some questions for you. As always, if you are interested in a closed circle of support as you navigate through this difficult time, we are here……the support group is here, and I have a whole village of nurses on facebook just waiting to support you too. Im here. No questions asked. No judgment. If you are a nurse in trouble that’s all I need to know to make sure I am there to support you all I can.

Sincerely,

Amanda Lucia Trujillo BS-MSN

Nurse Advocacy Awareness and Support of America *NAASA*

National President & Founder

http://www.naasa4hope.wordpress.com

NurseANon Nurse Group Therapy (Facilitator)

Phoenix, Arizona

fyrhoneybsn@yahoo.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Without Further Ado….The Daily BON Report

Jo Elizabeth “Joey” Ridenour, MN, RN, FAAN, executive director, Arizona State Board of Nursing, received the UA Alumni Association’s Public Service Award. She received her bachelor of science degree in nursing from Arizona State University in 1969 and her master’s of nursing in nursing administration from the University of Phoenix in 1993. With a strong foundation in nursing and nursing administration, Ridenour has given more than three decades of service to Arizona and the nation. She is held in high regard throughout the United States for her dedication to uphold high standards for quality nursing and health care. Ridenour has provided exemplary leadership in health care as president of the National Council of State Boards of Nursing, as well as through service as a member of the Arizona Governor’s Nursing Shortage Task Force, the Arizona Hospital and Healthcare Association’s Healthcare Institute and the Arizona Health Sciences Center’s Greater Phoenix Leadership Board.

 The awards were presented by Christopher Vlahos, UA Alumni Association president and executive director; Lloyd Fox, UA Alumni Association board chair; and Meredith Hay, PhD, UA executive vice president and provost.

January 2012 Board Minutes—-

If you would like to rate the Arizona Board of Nursing and comment you can do so HERE

(“Letter of Concern=No Discipline)

Attorney Teressa Sanzio was present and available for questions. Dalton moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow facility policy by failing to place patient E.H. in a supine slight trendelenburg position when Respondent removed her central Venous Line on April 5, 2011, while employed at Banner Desert Medical Center in Mesa, Arizona.

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Quinn moved, Dalton seconded, and it was unanimously carried, for complaint #2, to issue a Letter of Concern for failing to timely evaluate and intervene when informed that a clinical instructor appeared to be impaired and unsafe while on duty at clinical site, on or about May 11, 2011, while employed at Fortis College.

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Attorney Kraig Marton was present, telephonically, and available for questions. Hayes was present and available for questions. Burns addressed the Board and confirmed the receipt of additional information. Perry moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for administering a paralytic medication to a ventilated child during an emergent situation without receiving an order from the physician on or about November 7, 2009, while working at Banner Desert Medical Center/Cardon Children’s Medical Center in Mesa, Arizona.

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Barrios were present and addressed the Board. Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for failure to accurately document patient T.O.’s post- operative care and failure to verify post-operative orders on or about June 4, 2007, at Health South Outpatient Surgery Center in Tucson, Arizona.

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Johnson moved, Quinn seconded, and it was unanimously carried to issue a Letter of Concern for photocopying a physician’s signature on a blank telephone order form on or about October 14, 2010, December 9, 2010, January 6, 2011, January 13, 2011, March 8, 2011, and March 16, 2011, while working at Evercare Hospice and Palliative Care in Tucson, Arizona.

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Vaughan was present and addressed the Board. Busby moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to ensure the physician was monitoring the patient while administering Adenosine to patient L.H. on May 13, 2011, while employed in the Emergency Department at St. Joseph’s Hospital and Medical Center, Phoenix, Arizona

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Webb was present and addressed the Board. Johnson moved, Snider seconded, to issue a Letter of Concern for conduct leading to felony Illegal Control of an Enterprise and Conspiracy charges on or about January 4, 2011, in Maricopa County Superior Court and for failing to report the charges to the Board within ten days as required by the Statutes and Rules. After discussion, the motion carried with seven in favor and three opposed.

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Perkins addressed the Board with additional information. Exel was present and addressed the Board. Busby moved, Perry seconded, and after discussion it was unanimously carried to issue a Letter of Concern for an attempted suicide on July 6, 2011.

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Gutierrez moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for reportedly failing to address CNA’s report that a resident’s blood pressure was 85/61 on March 18, 2011, while employed as an RN at Hacienda Rehab and Care Center in Sierra Vista, Arizona.

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Quinn moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for pre- filling initials in a narcotic inventory logs from September 2010 to October 2010 while employed by RIAZ in Arizona

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Midkiff addressed the Board with additional information. Quinn moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for, by admission, failing to administer the correct dosage of Dilaudid to a patient for three days in November 2010, while employed by Cornerstone Hospital in Tucson, Arizona.

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An attempt was made to contact Nelson telephonically. Midkiff addressed the Board with additional information. Quinn moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for failing to timely notify Dr. Mohtaseba of patient D.G.’s critical laboratory values on or about June 7, 2010.

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An attempt was made to contact Kloster telephonically and a message was left that the Board would move forward with the case. Perry moved, Gutierrez seconded, to issue a Letter of Concern for failing to follow employer’s policy for HIPAA (Health Insurance Portability and Accountability) on March 11, 2011, while employed at Amedisys Home Care in Yuma, Arizona. After discussion the motion failed with six opposed and four in favor. Johnson moved, Dalton seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. The motion carried with eight in favor and two opposed.

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Quinn moved, Snider seconded, and it was unanimously carried, upon meeting all requirements, to grant certification and issue a Letter of Concern for the arrest on January 21, 2010 for DUI in Pima County, Arizona and for failing to cooperate with the Board during an investigation by not completing and returning a Board-issued questionnaire within thirty days.

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Quinn moved, Gutierrez seconded, and it was unanimously carried, upon meeting all requirements, grant licensure and issue a Letter of Concern for an arrest in May 2005, in Surprise, Arizona for Dangerous Drug Possession and Possession of Drug Paraphernalia

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Quinn moved, McCormies seconded, and it was unanimously carried to issue a Letter of concern for failing to document that patient C. L. may have fallen in the bathroom, and also for failing to notify the doctor and the daughter of the possible fall on April 9, 2011, while C. L. was waiting to be transferred from Banner Del Webb Medical Center to Boswell Rehabilitation Center in Sun City, Arizona.

 

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March 2012

Busby moved, Snider seconded, and after discussion it was unanimously carried to issue a Letter of Concern for leaving medications for patient B.B. at the bedside on August 16, 2011, and documenting that she had administered the medications at 0900 while employed at Banner Boswell Medical Center in Sun City, Arizona.

 ******

Kent was present, telephonically, and addressed the Board. Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for changing a prescription written by the doctor for Oxycodone 10 mg. to Oxycodone 5 mg. after the patient informed her that the pharmacy could not fill the prescription because the Oxycodone was only available in 5 mg. tablets on or about October 2011, while employed at Banner Health Page Hospital in Page, Arizona.

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Laning was present and available for questions. Malloch moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for discontinuing an intravenous drip of Dopamine and allegedly failing to notify the nurse assigned to the care of patient L. B. that she had discontinued the Dopamine drip on August 19, 2011, while employed at Banner Baywood Medical Center in Mesa, Arizona.

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Busby moved, Malloch seconded, and it was unanimously carried to issue a Letter of Concern for practicing as an Adult Nurse Practitioner without a valid certificate in the State of Arizona

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Attorney Elizabeth Peterson was present and available for questions. Coppola was present and addressed the Board. Malloch moved, Busby seconded, to issue a Letter of Concern for failing to act as the patient’s advocate on November 18, 2008, to ensure patient S.L. received quality care by following the hospital’s policies/procedures, while employed at Banner Thunderbird Medical Center. After discussion the motion carried with nine in favor and one opposed.

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Fiske was present, telephonically, and available for questions. Busby moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for the June 1, 2009, misdemeanor conviction of disturbing the peace in the Superior Court of California, County of Monterey and the January 31, 2011, disciplinary action by the California Board of Registered Nursing.

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Dahn addressed the Board and confirmed the receipt of additional information. Stone was present and addressed the Board. Busby moved, Johnson seconded, and it was unanimously carried, to issue a Letter of Concern for providing psychiatric care to children under the age of 13 for assuming patient care responsibilities that Stone lacks the education to perform from in or about 2009-2010 in Show Low, Arizona.

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Dahn addressed the Board and confirmed the receipt of additional information. Mullins was present and addressed the Board. Busby moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for failing to appropriately treat patient M.D. from on or about February 2010 through March 2010 by changing patient’s medication without consulting with prior provider, resulting in the patient becoming severely depressed and requiring hospitalization in Mesa Arizona.

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Concholar was present and available for questions. Attorney Rob Chelle was present and addressed the Board. Gutierrez moved, Johnson seconded, to issue a Letter of Concern for failure to document a temperature and respiration every four hours on patient C.H. on August 21, 2011, in violation of Maternal and Fetal Assessment Guidelines, while working at Banner Estrella Medical Center in Phoenix, Arizona. The motion carried with eight in favor and one opposed.

******

Attorney Teressa Sanzio was present and addressed the Board. Johnson moved, Snider seconded, to dismiss the complaint. After discussion Johnson withdrew the motion. Gutierrez moved, Berrigan seconded, to issue a Letter of Concern for failing to discuss patient C.L.’s reported allergy with the physician pre-procedure on or about August 19, 2011 while working at Southwest Endoscopy and Surgicenter in Gilbert, Arizona. The motion carried with eight in favor and one opposed. The Board directed staff to report the physician involved in this case, to the Medical Board.

 ******

Conley and attorney Kelly McDonald were present and addressed the Board. Gutierrez moved, Johnson seconded, upon meeting all requirements, to grant licensure and issue a Letter of Concern for the February 2, 2010 arrest for DUI, the subsequent DUI charge in Prescott Justice Court, which Conley failed to report to the Board within 10 days as required by statute and rule, and his ultimate conviction of reckless driving, a misdemeanor. The motion carried with seven in favor and two opposed.

******

Poleahla was present and available for questions. Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for failure to properly label or document in the log the reprocessing of a flexible ENT scope on August 18, 2011, while working at Phoenix Indian Medical Center Specialty Clinic in Phoenix, Arizona.

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Johnson recused herself to avoid the appearance of impropriety and left the meeting at 8:03 a.m. Austin addressed the Board with additional information. Complainant Michelle Winters was present and addressed the Board. Winters attorney, Sig Krolls was present and available for questions. Attorney Teressa Sanzio was present and addressed the Board on behalf of Trujillo. Busby moved, Berrigan seconded, and it was unanimously carried to deny Sanzio’s motion for request to rescind Interim Order, dismiss complaint, and issue an Administrative Penalty and, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges.

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Johnson moved, Malloch seconded, and it was unanimously carried to issue a Letter of Concern for providing patient T.B. with donated medications from another patient on March 29, 2011, while employed at Cancer Treatment Centers of America in Peoria, Arizona. Refer Cancer Treatment Center to the Arizona Department of Health Services for unsafe medication practices related to the use of donated medications.

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Csanyi was present and addressed the Board. Malloch moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for the March 22, 2011, charge of Domestic Violence Assault in Scottsdale, Arizona, which was timely reported to the Board

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Torrez addressed the Board with additional information. Bilbao was present and addressed the Board. Malloch moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the staff on the 5th floor where patients are monitored once patient C. M. was admitted to the Telemetry unit on the 2nd floor, and documenting that the patient had normal sinus rhythm at 0100 and at 0500 on August 23, 2011, when you did not have a record that reflected the normal sinus rhythm, while employed at Banner Boswell Medical Center in Sun City, Arizona. The Board directed staff to contact the facility regarding their information structure.

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May 2012

Malloch moved, Snider seconded, to issue a Letter of Concern for the April 20, 2011, charges of Domestic Violence/Criminal Damage and Domestic Violence Disorderly Conduct in Pima County, Arizona. After discussion the motion carried with six in favor and two opposed.

 ******

Snider moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for making entries into patients’ medical records on or about March 28, 2010, without personally assessing or interacting with these patients

 ******

Busby moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for the July 3, 2010, arrest for charges of Threatening and Intimidation per Domestic Violence and Disorderly Conduct by the Yuma County Sheriff’s Office, that were later dismissed on October 6, 2010, with Yuma Justice Court in Yuma, Arizona.

******

Malloch moved, Berrigan seconded, and it was unanimously carried to reopen Agenda Item V.C.12. Malloch moved, Berrigan seconded, to amend terms of Respondent’s Consent Agreement and Order No. 0910078 extending Respondent’s standard probation until November 14, 2012, with terms and conditions, and allow Respondent to enter into the step-down phase for the remainder of probation, provided that Respondent satisfactorily completes all monitoring and evaluator recommendations.   After discussion, Malloch moved, Berrigan seconded, and it was unanimously carried to go into Executive Session on Agenda Item V.C.12 for the purpose of obtaining legal advice pursuant to A.R.S. §38-431.03 (A)(3). Executive Session convened at 4:15 p.m. and adjourned at 4:30 p.m. Malloch withdrew the motion. Busby moved, Dalton seconded, and it was unanimously carried, based upon the information identified in the investigative report, terminate Respondent’s probation effective May 22, 2012.

 ******

Gutierrez recused herself to avoid the appearance of impropriety and left the meeting at 8:22 a.m. Kaur was present and available for questions. Attorney Robert Chelle was present and addressed the Board. Busby moved, Dalton seconded, and it was unanimously carried, for complaint #1, to issue a Letter of Concern for failing to ensure patient M.B. was properly monitored by a nurse during the first 15 minutes of her blood transfusion on or about July 11, 2011, while employed at Del E. Webb Hospital in Sun City West, Arizona, and for complaint #2, to dismiss the complaint.

Neely-Scott was present and available for questions. Attorney Kissandra Tysman was present and addressed the Board.

Malloch moved, Snider seconded, to issue a Letter of Concern for failing to restrain patient V.R. in a less aggressive manner, on October 27, 2010, while employed at Thunderbird Medical Center in

Glendale, Arizona

******

Mitchell was present and available for questions. Attorney Kelly McDonald was present and addressed the Board. Malloch moved, Gutierrez seconded, to issue a Letter of Concern for reportedly violating a resident’s rights, causing co-workers to perceive him as a threat, and for failing to initial on the Medication Administration Record and Treatment record all the medications and treatments he gave while employed as a certified care giver at 7th Heaven Assisted Living in Phoenix, Arizona in July and August of 2011; and refer 7th Heaven Assisted Living owner to Department of Health Services. After discussion the motion carried with seven in favor and three opposed.

 ******

Sage addressed the Board with additional information. Busby moved, Malloch seconded, and it was unanimously carried to continue the investigation to issue a Letter of Concern for not preventing a resident from falling from the edge of the bed and sustaining facial injuries on December 12, 2011, while employed as a CNA at Havasu Nursing Center in Lake Havasu City, Arizona and for Driving Under the Influence’s (DUI) incurred in 2004 and 2007.

Busby moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for for reportedly neglecting the care of resident M.S. in October 2011, while employed as a CNA at Plaza Healthcare in Scottsdale, Arizona

******

Busby moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for perceived roughness of residents and reports of not being a team player during 2011, while employed as a CNA at The Terraces in Phoenix, Arizona.

******

Snider moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for walking off her shift on December 29, 2001, thereby abandoning her residents and co-workers while employed as a CNA at The River Gardens in Bullhead City, Arizona.

******

An attempt was made to contact Malone telephonically and a message was left that the Board would move forward with the case. Busby moved, Snider seconded, to issue a Letter of Concern for documenting that Flagyl 500 mg. had been administered to patient E. C. by M. E. RN, when the medication had not been administered as documented on September 20, 2011, while employed at Payson Care Center in Payson, Arizona. After discussion the motion carried with five in favor and three opposed.

******

Quinn moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for failing to intervene and provide immediate assistance to patient J.M. who fell out of his wheelchair injuring himself on January 5, 2012 while employed by Danville Services of Arizona and assigned to Catalina House in Tucson, Arizona.

******

 July 2012

Singhatch was present and available for questions. Busby moved, Feldman seconded, and after discussion, it was unanimously carried, for complaint #1, to issue a Letter of Concern for using a pre- signed prescription form signed by a doctor to order a Fentanyl patch 25 mcg. for a patient on February 19, 2012, while employed at Life Care of Scottsdale in Scottsdale, Arizona; and for complaint #2, to issue a Letter of Concern for documenting that she had changed a dressing on the heel of resident V. J. on March 31, 2012, and again on April 1, 2012, when the dressing had not been changed while employed at Life Care of Scottsdale in Scottsdale, Arizona.

******

Oklu was present and addressed the Board. Busby moved, Feldman seconded, to issue a Letter of Concern for failing to read the instructions on how to mix Aleplase for the purpose of declotting a PICC line, and failing to mix it correctly on December 5, 2011, while employed at Banner Good Samaritan Hospital in Phoenix, Arizona.

******

Farnsworth was present and addressed the Board. Snider moved, Feldman seconded, and it was unanimously carried, for complaints #1 and #2, issue a Letter of Concern for medication error made on patients R.T. and P.L. on July 21, 2011, while working at University Medical Center in Tucson, Arizona.

******

Newman was present and addressed the Board. Snider moved, Feldman seconded, and it was unanimously carried to issue a Letter of Concern for the October 21, 2011, misdemeanor Domestic Violence Aggravated Assault conviction in Show Low, Arizona.

******

Deharo was present and available for questions. Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for the October 18, 2010, misdemeanor Extreme DUI conviction in Surprise, Arizona and for failing to report the charges to the Board within ten days as required by the statutes and rules.

******

Johnson moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item VI.N.1. An attempt was made to contact Neff telephonically and a message was left that the Board would move forward with the case. Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for failing to use an IV pump or regulatory device on for an intravenous fluid challenge of 500cc on a geriatric patient and closely monitor that patient on March 25, 2012, while employed by Advantage RN and assigned as a travel nurse at Banner Boswell Medical Center, in Sun City, Arizona.

******

Harrell moved, Snider seconded, and it was unanimously carried, upon meeting all requirements, grant licensure with a Letter of Concern for failing to follow the proper process for wastage of a controlled substance and requesting that a co-worker falsify a controlled substances wastage documentation form, on February 11, 2011, while assigned as a travel nurse to the Medical/Surgical Unit at Mercy Gilbert Medical Center, Gilbert, AZ and employed by Aureus Medical Group.

******

Rappoport addressed the Board with additional information. Quinn moved, Snider seconded, and it was unanimously carried to accept the signed, amended Consent Agreement and Order No. 1005054 to extend Respondent’s probation to allow Respondent to complete Dr. Desch’s recommendation that Respondent participate in a relapse prevention program by continuing individual recovery-oriented therapy with Dr. Steven Eickelbert a minimum of 2x/month for not less than one year. Prior to termination of Respondent’s probation, Respondent will direct Dr. Eickelberg to submit an assessment to the Board regarding Respondent’s progress and include recommendations for continuing or discontinuing therapy.

******

Devine was present, telephonically, and available for questions. Angelica Miranda was present and available for questions. Quinn moved, Johnson seconded, and it was unanimously carried to deny Respondent’s request to terminate Consent Agreement and Order No. 1104074 and amend Consent Agreement and Order No. 1104074 to allow Respondent to fulfill her 24 month practice probation requirement as either a RN, Health Unit Coordinator (HUC) or Patient Care Technician (PCT) and credit Respondent for time employed (8 months) as a HUC at Banner Heart Hospital in Mesa, Arizona.

******

Johnson moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item V.C.10. Midkiff addressed the Board with additional information. Norris was present and available for questions.

 

AzBN – July 2012 Regular Board Meeting Minutes 32

McCormies moved, Dalton seconded, and it was unanimously carried, based on the information contained in the investigative report, to amend Consent Agreement and Order No. 0807003 to allow Respondent to work as a home health RN and conduct supervisory field visits and/or occasional home visits provided that Respondent (1) works for only one home health agency for the duration of her probation; (2) has contact with her supervisor both before and after any shift in which Respondent has made a home health visit to allow Respondent’s supervisor to assess Respondent for sobriety, (3) causes her supervisor to conduct at least 2 weekly random phone calls with, or visits to, Respondent’s patients and/or field nurses to assess Respondent’s performance; and (4) causes her supervisor to submit 3 monthly medical record or chart audits on Respondent’s patients to the Board’s designee for the duration of Respondent’s probation.

******

Lind was present, telephonically, and addressed the Board. Johnson moved, Harrell seconded, and it was unanimously carried, based on the information contained in the monitoring report, to issue an amendment to Consent Agreement and Order No. 0808059 allowing Respondent to work without direct or on-site supervision in a home health care or hospice setting as long as (1) Respondent completes two months of precepted home health or hospice practice prior to assuming independent direct patient care duties in home health or hospice; (2) Respondent has direct contact with a supervisor both before and after her shift ends; (3) Respondent will cause her supervisor to conduct random interviews either in person or telephonically with at least two of Respondent’s patients at a minimum of twice per month to monitor Respondent’s nursing performance; and (4) Respondent will cause her supervisor to conduct a minimum of four chart audits per month on Respondent’s patients.

******

Parlin addressed the Board with additional information. Feldman moved, Busby seconded, and it was unanimously carried to issue a Letter of Concern for the November 18, 2011, misdemeanor conviction for Driving to Endanger and being under the influence of medication while on duty as an RN in Caribou, Maine.

******

Herba was present, telephonically, and available for questions. Busby moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for using a pre-signed prescription form signed by a physician to order Ativan and Norco for a patient on February 18, 2012, while employed at Life Care of Scottsdale in Scottsdale, Arizona.

 ******

Mayo was present and addressed the Board. Quinn moved, Berrigan seconded, and it was unanimously carried to grant licensure and issue a Letter of Concern for the on or about January 09, 2001, arrest by the Tempe Police Department, Tempe, Arizona for Forgery of a Credit Card and conviction by the Maricopa County Superior Court, Phoenix, Arizona, on or about December 10, 2002, for Theft, a Class 6 Undesignated Felony, which was later reduced to a class 1 Misdemeanor, on or about November 30, 2004, and for the arrest for Possession of Dangerous Drugs and Possession of Drug Paraphernalia, on or about January 19, 2001, by the Tempe Police Department and conviction for Possession of Drug Paraphernalia, a Class 6 Undesignated Felony, on or about December 10, 2002, by the Maricopa Count

 

AzBN – September 2012 Regular Board Meeting Minutes 12

Superior Court, Phoenix, Arizona, which was later reduced to a class 1 Misdemeanor on or about November 30, 2004.

 

Bridges was present and available for questions. Attorney Jeffrey Ross was present and addressed the Board. Gutierrez moved, Snider seconded, to issue a Letter of Concern for the July 2, 2012 conviction for misdemeanor Aggravated Driving or Actual Physical Control While Under the Influence of Intoxicating Li quor or Drugs in Phoenix, Arizona. The motion carried with eight in favor and two opposed

******

Aldridge was present and available for questions. Attorney Anne Fulton-Cavett was present and addressed the Board. Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for failing to complete a follow up assessment on patient H.G. on or about March 19, 2010, or notify patient H.G.’s physician about changes in the physical status of patient H.G. on or about August 20, 2010 and August 28, 2010, while working at Sunlife Home Health in Tucson, Arizona.

******

Hunter addressed the Board with additional information. Barton and attorney Ryan Lorenz were present and addressed the Board. Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for providing psychiatric care and prescribing psychotropic medications to a patient with substance abuse issues, for which she was not educationally prepared, on or about March 29, 2011, through August 13, 2011, while working at Jewish Family Children Services in Phoenix, Arizona.

******

Hunter addressed the Board and confirmed the receipt of additional information. Complainants Mario Robles and Sean Cummings were present and addressed the Board. Quinn moved, Berrigan seconded, to issue a Letter of Concern for failing to ensure that oral or written informed consent information was provided to complainant prior to HIV testing on or about May 29, 2012, while working at MHC, in Tucson, Arizona. The motion carried with eight in favor and one opposed.

******

Harden was present and addressed the Board. Gutierrez moved, Post seconded, and it was unanimously carried to issue a Letter of Concern for administering a unit of blood to patient R.C. without an order and for administering insulin by subcutaneous route when intravenous was ordered to an un-named patient on May 4, 2012, in the emergency department, Casa Grande Regional Medical Center, Casa Grande, Arizona.

******

Martinez was present and available for questions. Busby moved, Post seconded, and it was unanimously carried to issue a Letter of Concern for failing to correctly identify patient and administering the incorrect total parenteral nutrition and lipid solutions to two infants on or about April 18, 2012, while employed by St. Joseph’s Hospital and Medical Center in Phoenix, Arizona.

******

Flores was present and addressed the Board. Quinn moved, Snider seconded, and it was unanimously carried, to issue a Letter of Concern for failing to document the administration and wastage of narcotics according to the Medication Administration policy from on or about August 29, 2011, to September 26, 2011, while employed at Banner Del Webb Medical Center in Sun City, Arizona.

******

Busby moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for failing to correctly enter verbal orders for patient B.S.O. on January 5, 2012, while employed at Chandler Valley Hope, Chandler, Arizona, and for leaving Chandler Valley Hope on January 6, 2012, without informing her supervisor.

******

Busby moved, Quinn seconded, and it was unanimously carried to issue a Letter of Concern for Driving While Intoxicated (DUI) in Prescott, Arizona on December 21, 2011, the same date she was charged, for failing to notify the Board within 10 days of being charged with the DUI, and for pleading guilty and being convicted of a Class 1 Misdemeanor DUI by the Hassayampa Justice Court in Prescott, Arizona on or about May 31, 2012.

******

Galan addressed the Board with additional information. Busby moved, Berrigan seconded, and it was unanimously carried to grant request to terminate Consent Agreement and Order No. 080256 and issue a Letter of Concern for failing to submit a self-report in April 2001 and for failing to follow the narcotic policy/procedure at Kindred Hospital in or around November 2011, resulting in termination from Kindred Hospital.

******

Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to intervene when she returned from lunch on March 16, 2012, and found Resident A.B. restrained in her wheelchair with a gait belt, resulting in the termination of her contract with Chinle Nursing Home, Chinle, Arizona.

 

******

Viscusi and attorney Christopher Rapp were present and addressed the Board. Johnson moved, Post seconded, and it was unanimously carried to issue a Letter of Concern for the November 29, 2000, Domestic Violence Assault arrest, and the August 20, 2012, misdemeanor Driving Under the Influence conviction in Gilbert, Arizona.

 

November 2012

Rukanzakanza and attorney Gary Doyle were present telephonically and addressed the Board. Johnson moved, Dalton seconded, to issue a Letter of Concern for utilizing pre-signed order sheets to obtain refills of controlled substances on or around December 5, 2011, while employed as a LPN at Capri at the Pointe Rehab Center in Phoenix, Arizona, and for failing to report within ten days a conviction for Class 1 Misdemeanor Shoplifting in Phoenix, Arizona Municipal Court on or around January 8, 2007, and failing to disclose the conviction on her response to the Investigative Questionnaire. After discussion, the motion carried with six in favor and three opposed.

******

Wright was present and available for questions. Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for delegating Venofer calculations from on or about October through December, 2010, to a patient care technician for who is not qualified to perform drug calculations.

******

Ratajski was present and addressed the Board. Dalton moved, Berrigan seconded, to issue a Letter of Concern for failing to obtain vital signs, oximetry readings, perform neuro-checks and document his observations on patient L.H. after she received a narcotic overdose, while employed as an LPN at Highland Manor in Phoenix, Arizona, on or about March 21, 2011. After discussion, the motion carried with five in favor and four opposed.

******

Harrell moved, Post seconded, and it was unanimously carried to issue a Letter of Concern for failing to perform a nursing assessment and supervise the subsequent monitoring of patient L.H. on March 21, 2011, while working at Highland Manor in Phoenix, Arizona

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Quinn moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for sleeping while on duty on or about July 15, 2012, while employed at St. Joseph’s Hospital in Phoenix, Arizona.

 

A Banner Year for the AZBON

Valerie Smith. Consultant to the Executive Director of the AZBON believes nurses should all keep quiet about "everything learned during the course of a patient's care" I do believe that's what caused people to die at the VA, the State Mental Hospital, and the MCSO jails. Great example Val. You should be so proud.

Losing your license is a pretty weird thing, but how you feel about it really depends on what you lost it for. Im comfortable with how things went down because I continued to stand by my principles and the truth and my oath and code of ethics. I will repeat once more for those “Amanda thinks shes perfect” haters—that I have never in three and a half years even alluded to that. So get over it. What bothers me to no end and what angers me, and what breaks my heart at times is that the Consultant to the Executive Director of the Arizona Board of Nursing, Valerie Smith, knew I was having numerous hardships during the year of 2013—-my daughter and I lost the house and were looking at shelters and possibly placing all our dogs elsewhere, we lost our transportation, I didn’t have a job until June at a small gas station, and I was in and out of the hospital with complications from Gastric Bypass. At a face to face meeting in November with my attorney Teressa Sanzio at my side I again explained the hardships in completing the terms of the consent agreement, and asked for more time. I again recounted the challenges my daughter and I were having trying to stabilize. During the hearing in administrative court, before Judge Mihalsky, Valerie Smith testified that the Arizona Board of Nursing makes exceptions to consent agreements on a regular basis for those nurses experiencing exceptional hardships and/or life challenges, that all a nurse had to do was communicate those hardships to the board. I did.

If you’d like to pay them a visit, comment, and rate the Arizona Board of Nursing, you may do so HERE

I believe her—because I continue to read about these nurses who had their consent agreements amended or lengthened so that they were able to comply.

     I was not given that option despite numerous emails sent to the AZBON in 2013 advising staff member Diva Galan of the hardships. At one point I was even offered employment by a former employer, Valley Home Care, whose director wanted to help me through probation and help me complete all the terms. She was going to monitor me and provide all the necessary reports to the board. She really wanted to give me an income and get me back into the workforce doing what I loved. I told her she had to call the board and ask them, the board said they would have to vote on it. I was quickly notified that the board had voted unanimously not to grant me the chance to have gainful employment under the monitoring of the nursing director who was offering to comply with all the boards terms in the consent agreement.

In many of the cases I am currently researching (I am going back ten years and conducting a study to look at several variables and I plan on being ALOT MORE SPECIFIC THAN THE ARIZONA AUDITOR GENERAL) I have seen numerous consent agreements amended so that nurses could have gainful employment and complete their consent agreements so that they could achieve a license in good standing again. They were given a chance. They were given time. Again and again I read of these nurses getting chances from the board—nurses who have committed much greater offenses than I. This is what angers me. This is why I am investigating every single outcome, every single report, and taking a broad view of the entire process to highlight the inconsistencies. Why did other nurses get a chance to achieve employment in the profession again and lengthened consent agreement times but I didn’t?

The answer, in my mind, is easy. I wouldn’t shut up about my case, about the wrong did to my patient. We had a heart to heart that night of April 13, 2011.  She confided in me things she said she couldn’t tell even her own family, and was clear about what she wanted, and was scared to call off the “doctors plans.” There were so many things she wanted to do. I wish I could quote verbatim but out of respect I will not……I have posted a recent poem that she gave to me one night ago and that should give you some idea of why I am so upset at times that I lost my license for doing what I was taught to do, what I took an oath to do, and what our code of ethics says we should do. The cases I am reading about now, they appall me, especially when I see “letter of concern” time after time and no punishment even when patients have been harmed or drugs have been a factor or nurses really have forged physician signatures etc……….Without further discussion I will let you read these yourself. I am going back to 2004 so you will see my reports regularly on this blog. The actual statistical analysis will take a bit more time…..but when that is prepared, you will see it as well. No term limits. Very little oversight. Writing their own rules and getting them flown through the legislature at the detriment of my colleagues safety and careers……it all has to stop. Simply put, it is injustice, and every nurse in Arizona is subject to it. Well, unless you are a nursing administrator or manager…..excuse me. Then, you can do as you wish.

The next blog post is the remainder of board proceedings for 2012. Enjoy

2012 AZBON Board Meeting and Discipline–Questions anyone?

Jo Elizabeth “Joey” Ridenour, MN, RN, FAAN, executive director, Arizona State Board of Nursing, received the UA Alumni Association’s Public Service Award. She received her bachelor of science degree in nursing from Arizona State University in 1969 and her master’s of nursing in nursing administration from the University of Phoenix in 1993. With a strong foundation in nursing and nursing administration, Ridenour has given more than three decades of service to Arizona and the nation. She is held in high regard throughout the United States for her dedication to uphold high standards for quality nursing and health care. Ridenour has provided exemplary leadership in health care as president of the National Council of State Boards of Nursing, as well as through service as a member of the Arizona Governor’s Nursing Shortage Task Force, the Arizona Hospital and Healthcare Association’s Healthcare Institute and the Arizona Health Sciences Center’s Greater Phoenix Leadership Board.

 The awards were presented by Christopher Vlahos, UA Alumni Association president and executive director; Lloyd Fox, UA Alumni Association board chair; and Meredith Hay, PhD, UA executive vice president and provost.

JANUARY 2012 MINUTES: AZBON NURSE DISCIPLINE  (*Letter of Concern means NO discipline)

You can share your ratings and comments HERE

Post moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the physician prior to writing a telephone order on patient D.A. on or around December 16, 2011, in violation of Policy PCI.034 Accepting Written, Verbal and Telephone Orders while employed as a RN at Mercy Gilbert Medical Center in Gilbert, Arizona.
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Rappoport addressed the Board with additional information. Arrossa was present and addressed the Board. Quinn moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for administering a 2 mg Morphine Sulfate liquid sublingually to patient C.E., without a physician order on or about June 4, 2012, while employed as a Hospice Nurse Case Manager by Casa de la Luz Hospice, in Tucson, Arizona.
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McCormies moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for violating Good Samaritan Society facility policy Controlled Substances II.M.8i (4) and (6) by failing to notify the Director and completing an incident report after Respondent discovered that a card of Oxycodone 10 mg was missing while employed as a RN at Good Samaritan Society in Peoria, Arizona, on or about October 7, 2011
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Elam was present and available for questions. Snider moved, Johnson seconded, to issue a Letter of Concern for the positive drug screen for Methamphetamines on or about October 9, 2011, in Phoenix, Arizona. After discussion, Snider withdrew the motion and moved to dismiss the complaint. Johnson concurred. The motion carried unanimously.
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Munoz was present and addressed the Board. Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for the October 24, 2011, misdemeanor Extreme DUI conviction in Phoenix, Arizona.
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Donnell was present and addressed the Board. Berrigan moved, Gutierrez seconded, to issue a Letter of Concern for March 14, 2012, misdemeanor Extreme DUI conviction in Prescott, Arizona. After discussion, Berrigan amended the motion to read: for complaint #1, to issue a Letter of Concern for March 14, 2012, misdemeanor Extreme DUI conviction in Prescott, Arizona; and for complaint #2, to dismiss the complaint. Gutierrez concurred. The motion carried unanimously.
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Kerrigan addressed the Board with additional information. Vagg was present and available for questions. Attorney Susan McLellan was present and addressed the Board. Dalton moved, Berrigan seconded, to issue a Letter of Concern for striking a coworker on or about December 29, 2011, while working as a staff nurse at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona. After discussion the motion carried with eight in favor and one opposed.
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Kerrigan was present and available for questions. Attorney Rob Chelle was present and addressed the Board. Johnson moved, McCormies seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to issue a Letter of Concern for the September 13, 2012, no-show random urine drug screen and for initially failing to disclose the real reason to Board staff for the no-show and to allow respondent to continue on the Order.
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Smith addressed the Board with additional information. Attorney Rob Chelle was present and addressed the Board. McCormies moved, Gutierrez seconded, and it was unanimously carried to allow respondent the opportunity to reinstate into CANDO for six additional months by signing a Stipulated Agreement consistent with CANDO terms and conditions.
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Bennett was present and addressed the Board. Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to maintain professional conduct during a code situation on or about July 19, 2010, at St. Joseph’s hospital in Phoenix, Arizona.
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Pressey was present and addressed the Board. Gutierrez moved, Berrigan seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for the May 14, 2002 arrest in Phoenix, Arizona, for Bad Checks; the May 3, 2006 arrest in Glendale, Arizona for Possession of Paraphernalia; and the July 25, 2006 arrest in Surprise, Arizona for Possession of Paraphernalia and Possession or Use of Narcotic Drugs, resulting in TASC Drug Diversion Program for Possession/Use of Narcotic Drugs, a felony, and Possession of Paraphernalia, a felony, which were dismissed after successful completion of the program.
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Gherna was present and addressed the Board. Snider moved, Gutierrez seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for arrests or citations occurring on or about October 3, 1995, October 30, 1995, May 2, 1996, May 16, 1996, September 2, 1998, March 26, 1999, September 24, 2001, March 7, 2003, and July 11, 2003 in Tucson, Arizona; and an arrest on March 20, 2004, in Scottsdale, Arizona.
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Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the investigative findings, and upon meeting all requirements, to grant NP Certificate and issue a Letter of Concern for

AzBN – January 2013, Regular Board Meeting Minutes 16
the 2003 fraudulent prescription writing discipline in Nebraska and the 2005-7 practicing out of scope in a mental health capacity in Nebraska, as well as failing to disclose the Nebraska Board actions to the Iowa Board in 2011.
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An attempt was made to contact Bunton, telephonically and a message was left that the Board would move forward with the case. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations indentified in the monitoring non-compliance report, to issue a Letter of Concern for respondent’s positive Urine Drug Screen (UDS) for Amphetamines on November 1, 2012, and allow her to continue with Order, and report Dr. Arebello to the Arizona Medical Board for writing a prescription for Adderall for respondent without a proper medical evaluation
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Nelson was present and addressed the Board. McCormies moved, Dalton seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to allow respondent to continue on with the Order and excuse the missed urine drug screen (UDS) from September 26, 2012.
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Phillips was present and addressed the Board. Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for sleeping on duty on May 29, 2012, while employed as an LPN at Innovative Home Health, Phoenix, Arizona, resulting in termination of employment.
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Furline was present and addressed the Board. Quinn moved, Gutierrez seconded, and it was unanimously carried, upon meeting all requirements, to grant license, and issue a Letter of Concern for the October 30, 2007, arrest on the charges of Offensive Touching, Unauthorized Use of a Vehicle, and Criminal Mischief in Newcastle County, Delaware, and for the February 9, 2012, arrest for Battery/Domestic Violence in Las Vegas, Nevada.
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After discussion, McCormies moved, Gutierrez seconded, and it was unanimously carried to continue with current probation until terms have been met, and issue a Letter of Concern for testing positive for alcohol in a random urine drug screen on or about September 7, 2012.
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Harrell moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for administering diphenhydramine (Benadryl) to a patient multiple times without a medical order from January 2012 through March 2012, while employed at Fresenius Medical Care-Bullhead City Dialysis, in Bullhead City, Arizona.
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Johnson moved, Quinn seconded, and it was unanimously carried to issue a Letter of Concern for the March 21, 2012, misdemeanor Extreme DUI conviction in Sierra Vista, Arizona.
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Travel Nurses: Do Not Come to Arizona

Jo Elizabeth “Joey” Ridenour, MN, RN, FAAN, executive director, Arizona State Board of Nursing, received the UA Alumni Association’s Public Service Award. She received her bachelor of science degree in nursing from Arizona State University in 1969 and her master’s of nursing in nursing administration from the University of Phoenix in 1993. With a strong foundation in nursing and nursing administration, Ridenour has given more than three decades of service to Arizona and the nation. She is held in high regard throughout the United States for her dedication to uphold high standards for quality nursing and health care. Ridenour has provided exemplary leadership in health care as president of the National Council of State Boards of Nursing, as well as through service as a member of the Arizona Governor’s Nursing Shortage Task Force, the Arizona Hospital and Healthcare Association’s Healthcare Institute and the Arizona Health Sciences Center’s Greater Phoenix Leadership Board.

 The awards were presented by Christopher Vlahos, UA Alumni Association president and executive director; Lloyd Fox, UA Alumni Association board chair; and Meredith Hay, PhD, UA executive vice president and provost.
JANUARY 2013 MINUTES–VIOLATIONS OF CONSENT AGREEMENTS THAT GET LETTERS OF CONCERN AND NURSES ALLOWED TO CONTINUE THEIR CONSENT AGREEMENTS:

(Letters of Concern mean no reprimand, its a letter placed in a  nurses file that is never made public)
You can share your ratings and comments HERE

Taylor was present and available for questions. Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for (1) failing to complete a substance use evaluation by a Board approved evaluator who was at minimum Ph.D. prepared and instead completing an evaluation by a Licensed Professional Counselor in violation of paragraph 2, page 8-9 of the Order; (2) her September 17, 2013 absence from Nurse Recovery Group in violation of paragraph 2, page 12 of the Order and (3) for failing to cause the director of the ethics course to submit a letter to the Board acknowledging receipt of Consent Agreement and Order (“Order”) No. 1108014 in violation of paragraph 6, page 11 of the Order, and allow Board staff to revert Respondent to stayed revocation/probation and reduce the frequency of Respondent’s urine drug testing to a minimum of one time per month for the duration of the Order. Respondent’s Order shall remain in effect until terminated by this Board upon Respondent’s fulfillment of all terms and conditions of the Order.
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Parks was present and addressed the Board. McCormies moved, Gutierrez seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No. 1209066 (“Order”) and issue a Letter of Concern for missing a Nurse Recovery Group in June 2013 and September 2013 in violation of paragraph 2, page 10 of the Order, and revert Respondent’s license to stayed revocation/probation with terms and conditions effective December 11, 2013. Respondent’s
AzBN – January 2014, Regular Board Meeting Minutes 4
AGENDA ITEM VII.A.1.a. Order shall remain in effect until terminated by the Board upon Respondent’s fulfillment of all terms and conditions of the Order
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McCormies moved, Berrigan seconded, and it was unanimously carried to reopen Agenda Item VI.I.1. Post moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify your employer, SEMCO, of your Consent Agreement and Order No. 0803011 effective date May 6, 2009 through August 2, 2011 and allowing a physician with whom you had a personal relationship to provide supervision and monitoring reports to the Board without disclosing the personal relationship to the Board.
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Wolfinger was present and addressed the Board. McCormies moved, Gutierrez seconded, and it was unanimously carried, upon meeting all certification requirements, grant certification and issue a Letter of Concern for a January 27, 2009, charge in the Maricopa County Superior Court for Possession or Use of Narcotic Drugs, a class four felony, which resulted in prosecution being suspended for two years for Applicant’s participation in the TASC (Treatment Assessment Screening Center), a deferred prosecution program; which was successfully completed and charges were dismissed and for his admitted history of drug addiction.
**********************************
Miller was present and available for questions. Busby moved, Johnson seconded, and it was unanimously carried, upon meeting all licensure requirements, grant licensure, and issue a Letter of Concern for the charges filed on or about December 14, 2011, in the Maricopa County Superior Court, for Possession or Use of Marijuana, for which you successfully completed the TASC program and for your admission to having used marijuana regularly prior to the December 3, 2010 arrest in Maricopa County for Possession of Marijuana.
***********************************
Fourmy was present and addressed the Board. Berrigan moved, Gutierrez seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for her September 23, 2006 arrest in Tucson, Arizona; her February 3, 2009 conviction of DUI, a misdemeanor, in Tucson, Arizona; and her April 1, 2012 arrest and subsequent guilty plea to Disorderly Conduct, a misdemeanor, occurring in Scottsdale, Arizona.
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Prats was present, telephonically, and addressed the Board. Busby moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for her failure to (1) disclose the revocation of her Arizona RN license, and failure to disclose suspension of the Louisiana RN License in a July 19, 2010 application for employment in Long Beach, California; and (2) disclose on your January 7, 2013 application with the Arizona Board for reinstatement of her Arizona RN license that her Louisiana RN license had been suspended on February 1, 2005 and grant reissuance of registered nurse license No. RN072526.
****************************8
An attempt was made to contact Deasy. Gutierrez moved, McCormies seconded, and it was unanimously carried, upon meeting all licensure requirements, grant license, and issue a Letter of Concern for your conviction on or about June 2, 2006, in Coconino County Superior Court (Arizona) for Facilitation of Transportation of Marijuana for Sale, a class 6 undesignated felony, which was designated a misdemeanor on or about February 22, 2007, after the court granted the petition for early termination of probation.
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Johnson moved, Dalton seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No. 1108127 (“Order”) and allow Respondent to fulfill the terms and conditions of the Order in the state of North Carolina and issue a Letter of Concern for failing to attend the minimum number of AA meetings in April, May, and September 2013 in violation of paragraph 3, page 8 of the Order, and allow Board staff to issue a compliance letter to the North Carolina Board of Nursing stating Respondent’s Order shall remain in effect until terminated by this Board upon Respondent’s fulfillment of all terms and conditions of the Order.
*********************************
Dalton moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for (1) failing to cause your employer to submit in writing acknowledgement of Consent Agreement and Order No. 0903113 (“Order”) within seventy-two hours of the effective date in violation of paragraph 3, page 8 of the Order, (2) failing to cause two supervisors to submit in writing acknowledgement of the Order in violation of paragraph 5, page 10 of the Order, and (3) failing to cause your employer to submit monthly performance reports in March, 2013, April, 2013, May, 2013, June, 2013, July, 2013, and August 2013 and then again in September, 2013, October, 2013, November, 2013, and December, 2013 in violation of paragraph 4, page 9 of the Order and terminate Consent Agreement and Order No. 903113.
****************************
Nicholls was present, telephonically, and available for questions. Dalton moved, Snider seconded, and it was unanimously carried to allow Respondent to continue on the Consent Agreement and Order No. 0907071 and allow Respondent to fulfill the terms and conditions of the Order in the state of Texas and issue a Letter of Concern for failing to practice under the direct Supervision of a registered nurse from on or around June 18, 2012 to on or around August 15, 2013 while you were employed as a RN at Virdian Health Management in Phoenix, Az in violation of paragraph 16, page 17 of the Order and for missing one Nurse Recovery Group meeting in July, 2013 and for missing Nurse Recovery Group meeting from on or around October 25, 2013 to the present after you moved to Texas in violation of paragraph 6, page 9 of the Order. Respondent’s Order shall remain in effect until terminated by this Board upon Resident’s fulfilment of all terms and conditions of the Order
****************************8
Johnson was present and addressed the Board. McCormies moved, Dalton seconded, and it was unanimously carried to allow Respondent to continue on Consent Agreement and Order No. 0904052 (“Order”) and issue a Letter of Concern for failing to attend Nurse Recovery Group on May 29, 2013 in violation of paragraph 1, page 10 of the Order and failing to cause Dr. Peter Mitchell to submit a letter to the Board acknowledging receipt of Consent Agreement and Order NO. 0904052 when he prescribed a controlled substance to you following a surgical procedure on May 4, 2012 in violation of Paragraph 5, Page 12 of the Order. Respondent’s Consent Agreement and Order No. 0904052 shall remain in effect until terminated by this Board upon fulfillment of all terms and conditions, but Respondent may be allowed to step-down the frequency of her random drug testing to on-call and is no longer required to submit reports from Nurse Recovery Group and Alcoholics Anonymous.
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Gregory was present, telephonically, and addressed the Board. Post moved, McCormies seconded, and it was unanimously carried, based upon the language of the Order and the information contained in this Monitoring Report, issue a Letter of Concern for five unexcused absences from Nurse Recovery Group in months July, 2013; August, 2013; September, 2013; October 2013; and November, 2013 in violation of paragraph 6, page 9 of the Order and for failing to submit to random urine drug testing on October 7, 2013 and November 6, 2013 in violation of paragraph 8, page 9 of the Order, and allow Respondent to continue on Consent Agreement and Order No. 1204064 and to dismiss Investigation Case No. 1310049.
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Just Her, Me, and God.

angel-image

Can't fix this.

You were the first…

To look me in the eyes

You were the first…

to share with me your smile

You were the first…

To offer me your hand

You were the first…

To listen to my fears

You were the first…

To understand my needs

You were the first…

To ask me what I feel

You were the first…

To ask me what I want

You were the first…

To ask me what I know

You were the first…

To ask me what mattered to me

You were the first…

To wipe away my tears

You were the first….

To give me all your time

You were the first…

To see the real “me”

You were the first…

to tell me the reality

You were the first…

to say I had a voice

You were the first…

To give me my own choice

You were the first…

to say I was in charge

You were the first…

I shared my darkness with….

You were the first…

Who showed me there was light

You were the first…

Who said they would forgive me…

You were the first..

Who said I didn’t have to fight.

You were the first…

Who said it was okay to fly

You were the first…

Who said I could go home to love

You were the first…

Who made me feel so safe

You were the first…

I could tell all of my mistakes

You were the first….who made me feel

I could leave this world

Surrounded by love and warmth.

You were the first…

Who said my last moments didn’t have to hurt…

You were the first

Who said I didn’t have to feel the cold…..

You were the first…

I wish I would have listened to

Instead of being the very last…..

Because they made me do it all their way

right up until the end….

But you were the first

…and the last

who listened to my heart

instead of

someone else….

I wish I didn’t have to leave that way

In the very place I hated…

Just know I’m up here loving you

because

you were the first…….

(based on a real conversation. Dedicated to the one person I failed to protect)

 

** As part of writing my book, I have been combing through the investigative report. Last night up in my room I found additional portions of the report I had not yet reviewed or maybe I hadn’t completely read through and processed. In this portion of the report were details of my patient’s last year, and how she died. I felt a wave of guilt as I remembered everything she shared with me in confidence that night, that I failed her, that I failed to make sure she was given what was rightfully hers…..as I sat on my bed and cried and asked God “Why did you let this happen, where were you?” A voice came into my head with the words I have written above, urging me to “write this down write this down write this down.” I don’t have internet at my house, so in the wee hours of the morning I jumped in my car and rode up the road to Starbucks where there was a wifi signal, opened up my blog and typed continuously until the voice left me. The voice was not a “voice” persay, rather, it was someone speaking to me through thought. Those of you who have an extra sense will know what I mean. I am an empath, but I also have the ability to sense spirits, and at times hear them through thoughts in my head. I don’t know if these words came from my patient, as a way of saying “its okay now” or if it was a message from the divine as a means of comfort and reassurance that I did my best, that I did all I could, that I did what was expected of me……but I suppose it does not matter…..because I look at whatever took over me early this morning as a lasting gift I can come back and read on those days I doubt myself and feel like I failed to preserve what my patient so dearly wanted at the end of her life, from the words above, I know she is at peace….and I know she sees and knows all that has happened since that night of April 12, 2011. And I know she knows….above all else….I tried.

 

 

 

The Highest Priorities in Arizona: Patient safety Isnt One of Them

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I was having a discussion with a few influential democrats in Arizona yesterday about why patient safety and protecting healthcare workers so they can speak up is not more of a priority in Arizona especially given the recent deaths and cover-ups at the VA, the deaths in the MCSO jails, and the death at the Arizona Mental Hospital. I was told that right now the highest priority must be on making sure that Arizonans get their “basic needs met” and that education must me of the highest importance, and the children suffering within the Child Protective Agency system. I was also advised that this is pretty much the “collective thought” of the democratic side of the house and it doesn’t appear the priorities will be “budging” anytime soon. If the priority is on making sure the basic needs of Arizonans are met, then doesn’t the definition of basic rights include safety, security, the truth, and justice???? Because from my conversation yesterday, I’ve learned that the definition of basic rights of all Arizonans includes good funding for the educational system and making sure the children within the CPS system are better cared for.

CP-medicaid-expansion-by-state-AZ

      Now, I don’t disagree with all of this. What I do take exception to is the limited definition of “basic rights and needs of all Arizonans” the house and the senate in Arizona seems to aspire to. There is more to the lives of Arizona citizens than the CPS system and the Educational system. A lot more. I took the time to go to the legislature and introduce several patient safety bills from other states who have successfully implemented legislation and are benefitting from it. I also performed a fiscal analysis that revealed that implementing patient safety legislation would not cost Arizona any more money from its yearly budget—in fact, it was going to save them MILLIONS EACH YEAR. The only thing it was going to take was the house and senate putting something down in committee and getting it through. Here’s a key concept: Saved money means MORE MONEY for education and CPS. Instead, AZ is pumping boatloads of money into the Medicaid programs every year for unnecessary lengthy hospitalizations and procedures, and wrongful death suits related to medical errors that go unreported. This is MILLIONS in wasted money that could be redirect toward those things that Arizona is running short on money TO FUND NOW! Less medical errors mean less lengthy hospitalizations and lawsuits, the decreased incidence of lowering capitation rates for fee for service participating providers who are on the Medicaid Rosters to make ends meet in the state’s budget—-you get it. If more people felt they could report dangerous incidents before they happened, or unethical medical practices BEFORE harm reached the patient, Arizona would bear less of a financial burden and the money saved could be reallocated within the yearly fiscal budget to EDUCATION AND CPS!

16-rural-rolls-full

Education and CPS—when you hear these two together, you tend to think of children, of our youth……its \hard not to. But you know what, there are other people in Arizona not getting their basic needs met right now, and haven’t been for quite some time……our elderly, our mentally ill, and other vulnerable populations of people who are left out in the open to become the next target of medical error and the nurse or healthcare provider who is powerless to say anything, to do anything, to keep it from happening—because, after all, they need their paycheck….and their careers. So here is a good question for you to ponder: What does the cost of life mean to you? How much should it cost? And what is so difficult about a bipartisan agreement on the same thing: the lives of Arizonans mean something. Their safety means something, legislation will cost us nothing to implement, so let’s just do it because it is THE RIGHT THING TO DO. ON THE NEWS: the house passed a law to enable women to be more informed about their Breast tissue — that they will now have the right to demand more information and more testing to ensure they get the healthcare they deserve: http://www.abc15.com/news/region-phoenix-metro/central-phoenix/arizona-sb-1225-requires-doctors-to-inform-women-of-breast-density   — somewhere, someone in the house or senate sees patient safety and patients’ rights as some kind of remote priority to get this on the governor’s desk…..at least….for Women.

 

Now, when will the legislators look at the rest of us Arizonans as a priority too?

 

Nurses: Pilots, CoPilots, and always the “Black Box”

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****Though I have no history of patient harm/sentinel events/drug or substance abuse…..On March 28, 2014 The Arizona Board of Nursing revoked my nursing license in relation to a patient harm incident I spoke out about in order to get the right thing done. In the process they also violated my first amendment rights to free speech and used this blog during the case in order to bring more charges against me. I have filed with the Superior Court of Arizona to fight this practice because the judgement against me has ramifications for every nurse all over the US and in the same way my first amendment rights were violated, so will other states seek to do the same thing to nurses everywhere. My case was a benchmark case and will be used in the future to establish discipline for other nurses……****

  Every nurse that goes down in this nation protecting their patients becomes this big, red, glowing ball of fire crashing into the depths of an ocean that is filled with every intention of keeping him or her silent— FOREVER. But you see, we all have a black box within us that is programmed to automatically send out signals of distress… One that says ” I’m here! I’m still here! I have the answers! I have the data to tell you my story!!!!” Sadly, As we all know, that little black box only has enough battery life in it to ping and ping and ping…..and ping…..for only so many days and hours… Before it goes silent in the abyss of a dark ocean or in the thick green depths of a rain forest…. The answers… And the victims… Never found. Their ending never understood, the opportunity to prevent another crash and save hundreds of lives forever lost.
0 Those of us who have gone down in the line of caring and protecting our patients carry within us that all too crucial black box..we are the stewards of them. Unlike a jet plane that has no ability to disable it’s black box —we humans have the ability to do so at any moment. Many nurses have gone down into that proverbial ocean and they are out there, alone, black boxes pinging— because their own inner will refuses to allow the sound to cease. Other nurses have simply taken off their headsets, disconnected with air traffic control, closed their eyes… Their voices and stories lost to us. We all make that choice for whatever reason. I use this analogy because of the four jumbo jets of people that die of unreported and unnecessary medical errors each week. In a weird way we are pilots and copilots helping massive amounts of people get from here to there…. We are entrusted with an enormous responsibility….. Along with that responsibility comes the mandate that we speak up and speak out when just one life has been placed in jeopardy or has directly been harmed…not only to preserve justice for that one passenger, but to preserve life and limb for the other 399 or so innocent passengers we are charged with safely delivering to their next place…….. This black box inside me—-it’s still pinging, IM STILL OUT HERE….and I hear some you out here with me too….even if I can’t see you— I HEAR YOU— pinging just as loud and persistently as me….don’t give up. Everyone’s story deserves to be heard.

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Why Superior Court? Because Nurses Aren’t Afforded Freedom of Speech

boring_speeches_stop_talking

 

Many of you have asked the question: “Why the Superior court? Why not just accept you lost your license and move on already?” Because, this was never about a license and if I just accept one judge’s ruling (who never inserted  ¼ any of my arguments or testimony into the final document) that nurses remaining silent is “right” and “ethical” when danger faces our patients, or that we as United States Citizens do not have the right (or privilege) to criticize,  publicize our opinions of government agencies, the practices therein, or opinions about government officials then the Constitution really means nothing and its provisions are only for the chosen few to take advantage of. THIS is why I am continuing to fight. No nurse or physician or healthcare provider should have to be fearful of publicly sharing their criticisms of state or federal government agencies if they have a sincere belief in the criticisms that they are offering up. The First Amendment specifically states that the people cannot be subject to any kind of harm or retribution—whether it be homelessness, joblessness, financial harm, or personal harm as a result of speaking out and against any government agency or its officials. It did not say that only certain people were allowed to exercise their first amendment rights or that people who are licensed by the state or the federal government are not allowed to do so either.

 

Valerie Smith. Consultant to the Executive Director of the AZBON believes nurses should all keep quiet about "everything learned during the course of a patient's care" I do believe that's what caused people to die at the VA, the State Mental Hospital, and the MCSO jails. Great example Val. You should be so proud.

Valerie Smith. Consultant to the Executive Director of the AZBON believes nurses should all keep quiet about “everything learned during the course of a patient’s care” I do believe that’s what caused people to die at the VA, the State Mental Hospital, and the MCSO jails. Great example Val. You should be so proud.

The Constitution was created for a reason, and it was to allow for a just society, one with checks and balances, one that shares power between both government and the people it is charged with overseeing. Judge Mihalsky’s ruling places fear as a basis for silence into the heart of every nurse who is subject to the actions of Boards of Nursing across the country, and it mandates that nurses must never speak about their experiences with ANY board of nursing or ANY of its employees for fear of retaliation and losing their licensure.  This—is wrong. While I have made my share of mistakes during my nursing career, like the rest of you out there, I have never harmed any patients or had any serious infractions brought against my license. Compared to the numerous nursing license actions I have reviewed here in this state and the infractions committed by those nurses —my going forward to social media as a means of drawing attention to the wrong done to my patient is not nearly as noxious of an offense. Im especially insulted because these same nurses, who have harmed patients, or killed patients, or used drugs on the job, or stole drugs from their workplaces, are STILL AMONG THE PUBLIC PRACTICING AS REGISTERED NURSES.  Numerous attorneys have agreed, that my case has always been about my failure to stop talking about the harm that was done to my patient on the night of April 12, 2011–so as to bring justice forward for this patient and for my profession.

 

If everyone is in HERE...who is out THERE taking care of the patients? Whatever.

If everyone is in HERE…who is out THERE taking care of the patients? Whatever.

Make no mistake, I do not care to ever practice at the bedside again, so the loss of licensure is of no consequence to me—-however, that being said, losing my license for adhering to my profession’s oath and code of ethics and the attempted suppression of my right to free speech IS A PROBLEM. You see, I want to be the nurse I was taught to be at Northern Arizona University so many years ago, and I agree with the scores of you who say that I was born too late to be that nurse because it cannot exist in today’s healthcare environments. Personally Id rather not feel like I am in a constant battle between being a factory worker and trying to be the nurse I was taught I was supposed to be.

As a result of this ruling and revocation, administrative law judges and boards of nursing all over the country will use this case as a benchmark when “dealing with” other nurses involved in cases similar to mine. They will place gag orders on nurses to keep them from sharing things that went wrong with patients, they will discipline nurses for speaking out, they will keep nurses from blogging about patient harm scenarios or informing the public about what they have the fundamental right to know. Patients have the right to know things that could affect their healthcare—-they have the right to know where there are harmful policies and practices that impact people’s lives. People have the right to choose where to get their healthcare and from whom.  This ruling has told nurses everywhere “You cannot under any circumstances share patient care errors or deaths or injuries because it violates patient privacy.” Well, Im here to tell you—I went up the chain of command at Banner Del E Webb Hospital and NO ONE LISTENED. I went to the CMS, I went to the Joint Commission, I went to the Office for Civil Rights, I went to the Department of Health in AZ, I went to the Board of Nursing, I went to the Medical Board—NO ONE LISTENED. My patient’s rights to self-determination about her course of care were stripped from her the next day when, according to the investigative report, Dr. Keng Yu Chuang had ALL HOSPITAL APPROVED PATIENT EDUCATION REMOVED FROM HER ROOM AND OUT OF HER REACH. She was forced to do as he wanted her to do—-AND THAT WAS WRONG. Dragging me and my professional reputation through the mud will NEVER CHANGE THE HARM INFLICTED. The Board of Nursing and Valerie Smith telling everyone “I took it upon myself to write a physician order” DOES NOT CHANGE the fact that I went to my charge nurse and told him all of my concerns and asked for approval for every  nursing intervention (with a unit secretary there to witness that conversation). The nurse manager, Frank Fausto, lying to the State Board of Nursing by saying I never asked for his help DOES NOT CHANGE THAT HE LIED AND SHOULD BE DISCIPLINED FOR FAILING TO PROTECT MY PATIENT OR FOR LYING TO A STATE AGENCY DURING AN OFFICIAL INVESTIGATION—-AND VIOLATING OUR CODE OF ETHICS.

Frank Fausto living the good life at the expense of his colleagues.

Frank Fausto living the good life at the expense of his colleagues.

What more does a nurse need to do to protect a patient? You comply with the compliance policy, you go to your manager and ask for help and advisement, you ask for an ethics consult. Your manager doesn’t even go in and perform his own assessment of the situation and both he and the dayshift nursing manager fail to obtain an ethics consult or look into the problems further. If Banner’s CEO Peter Fine doesn’t even care to hear about an incidence of patient harm—I ask you again—what else does a nurse have to do to get some attention to an injustice so that it is made right and so that it doesn’t happen again? Incidentally, the State Board of Nursing said I could have gone to them instead of the media—but as I told the judge, going to them did nothing—they just threw away my complaints and attributed them to “retaliatory behaviors.”

 

The ruling has dangerous and tragic implications for nurses everywhere—-because this ruling will be used to hurt other nurses in the same way. It is also a devastating blow to patient safety because this ruling forces nurses to stay silent and keep errors quiet and places the burden of fear into them should they contemplate coming forward with information that could save the lives of the patients they care for. What does a nurse do if she is afraid of her charge nurse or the physician who is involved on a case? Arizona says—you keep quiet at all costs and respect the patient’s privacy. Arizona should have heeded its own advisement when publishing the patient’s name, initials, and age on the internet—none of that came from me. Protecting the patient’s privacy when danger is imminent or a life is on the line actually goes against our professional oath and our code of ethics for nurses and it undermines the trust that should always exist between a nursing provider and his/her patient. There is a time for privacy to be protected, and there is a time when healthcare providers must come together and discuss things that go wrong as a means of learning and promoting transparency so that we can perform an open and honest root cause analysis and develop plans of action so that the same mistakes are never made again. Forgive me but the knowledge that four jumbo jets worth of people die each week as a result of medical errors mandates transparency—not secrecy. Not now. Not ever. Forcing us to turn the other direction, to walk away, to remain silent forever changes who and what we are as a profession…..and anyone who can find a reason to celebrate the unraveling of our profession during this Nurses Week when we have done nothing as a profession to stand together in solidarity to do what is morally right and just for the people we are supposed to be protecting and caring for can go trip over an overflowing urinal. Cheers.

Frank feeling pretty good about covering his ass at Banner Del E Webb and ruining another nurse's life by lying to the AZBON

Frank feeling pretty good about covering his ass at Banner Del E Webb and ruining another nurse’s life by lying to the AZBON

Those of you who have given up on me and tell me I should just quit and give up and move on— That is fine. But, I am not giving up on you, and I will never give up on making sure you are protected and the patients we have in our hands every day. Giving up just means I have become part of the problem and just like everyone else who says nothing….and does nothing.

I will never be “that” nurse.

**The nurses or unit secretary posted below participated in telling gross mis truths to the state board of nursing. In the five and a half months I was there at Del E Webb I had never been written up or disciplined, and only when I came forward and went public did they make disgusting statements about me and my nursing practice. Even making negative comments about my nursing care plan book calling it “homework on the job.”

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Banner Health President & CEO, Peter Fine

Banner Health President & CEO, Peter Fine

Frank Fausto, Banner Del E Webb 3D Telemetry Nurse Manager (center) Linda Aust, Unit Clerk, to the upper left.

Frank Fausto, Nurse Manager, who lied to State Board of Nursing

Again, Frank, if all your nurses are in HERE, who is out THERE watching the 36 beds???

Again, Frank, if all your nurses are in HERE, who is out THERE watching the 36 beds???

Per the AZBON investigative report: “Fausto stated that he was the night shift charge nurse on April 13, 2011. Fausto stated that Trujillo approached him and said patient did not understand transplant regimenand asked Fausto where she could print information for the patient; Fausto stated that he explained how to use Krames on Demand to find education for patients. Fausto explained Trujillo never discussed hospice with him or told him she was educating patient about hospice or ordering a consult. Fausto stated that he only knew that Trujillo was printing some information about liver transplants for the patient. Fausto stated that he did not see the size of the education binder until the next day. Fausto stated he did not speak with the patient or any of her physicians about Trujillo or the education or the consult.”

THE ONLY TRUTH HERE IS THAT HE NEVER SPOKE WITH OR ASSESSED THE PATIENT HIMSELF.

the unit secretary who told me about dr keng yu chuangs tantrum, and the unit secretary who told the board that I was a "know it all" and printed more "patient education than any other nurse on the unit."

the unit secretary who told me about dr keng yu chuangs tantrum, and the unit secretary who told the board that I was a “know it all” and printed more “patient education than any other nurse on the unit.”

 

The token night shift toad who does nothing but sits in her chair surfing the internet or shopping.

The token night shift toad who does nothing but sits in her chair surfing the internet or shopping.

Worst, most clueless ineffective charge nurse ever.

Worst, most clueless ineffective charge nurse ever.

the units alpha female gossip

the units alpha female gossip

 

 

Social Worker at BDW who told the board she felt that my education was an "inappropriate approach to patient education."

Social Worker at BDW who told the board she felt that my education was an “inappropriate approach to patient education.”

Administrative Law Decision

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License Revoked. And its on to Superior Court…….

Once again thank you to Judge Mihalksy for telling all nurses that under no circumstances can information about patient safety be shared in order to spare that patient harm, death, or to obtain justice. And thank you for telling all nurses in Arizona and nationwide that we are EXCLUDED from exercising our first amendment right to free speech when it comes to the criticism of any state agency or employees within without facing discipline up to revocation of licensure. Her decision is an applicable one in EVERY STATE where ANY nurses is facing similar circumstances. For all you nurses out there—-this is a sad day. We are no longer covered under constitutional rights and we cannot report on patient errors without facing loss of licensure.

There you have it.