VOL2• NO1 • MAY 2007 2ST QUARTER REGULATORY JOURNAL Cheating is Profoundly Unfair to Patients PUBLISHED BY ARIZONA STATE BOARD OF NURSING 4747 North 7th Street, Suite 200 Phoenix, AZ 85014-3653 Phone: 602.889.5150 Main fax: 602.889.5155 CANDO fax: 602.889.5238 General e-mail: arizona@azbn.gov Website: www.azbn.gov GOVERNOR The Honorable Janet Napolitano Joey Ridenour, RN, MN EXECUTIVE DIRECTOR VOL 2 • N O 1 • M AY 2007 2 ST Q UAR T E R 4 From the Executive Director: Cheating is profoundly Unfair to Patients 6 Reflections of a New Board President Judy Bontrager, RN, MN ASSOCIATE DIRECTOR/OPERATIONS Valerie Smith, RN, MS ASSOCIATE DIRECTOR/INVESTIGATIONS Ch e a t i n g i s p r of o u n d l y U n fa i r t o Pa t ien t s Pamela Randolph, RN, MS ASSOCIATE DIRECTOR/EDUCATION & EVIDENCE BASED REGULATION BOARD MEMBERS Karen Hodges Hardy, RN, MSN PRESIDENT Theresa Crawley, CRNA, MSHSA VICE PRESIDENT Patricia A. Johnson, LPN SECRETARY Constance Woulard, RN, MSN MEMBER Denise Link, RNP, DNS, FNAP MEMBER Kathy Malloch, RN, MBA, PhD, FAAN MEMBER Steven T. Robertson, LPN, CHPLN MEMBER Kathryn L. Busby, J.D. PUBLIC MEMBER M. Hunter Perry PUBLIC MEMBER 8 Staff Directory 10 E d u c a t i o n C o r n e r 12 R e g u l a t i o n R u n d o w n 14 A d v a n c e d P r a c t i c e Corner 16 A r i z o n a S t a t e Board of Nursing Hearing Department Questions and Answers 20 Mail to the right address- failed in 5% of Correspondence Sent February 2007 arizona EDITION 6 STATE BOARD OF NURSING REGULATORY JOURNAL CREATED BY: Virginia Robertson, PRESIDENT vrobertson@pcipublishing.com Publishing Concepts, Inc. 14109 Taylor Loop Road Little Rock, AR 72223 FOR ADVERTISING INFORMATION: Steve McPherson smcpherson@pcipublishing.com 501.221.9986 • 800.561.4686 www.thinkaboutitnursing.com This magazine is mailed quarterly to over 90,000 Arizona licensed nurses and reaches every nursing student, hospital administrator and nursing school administrator in the state 27 W h a t i s Yo u r License Renewal Date? 29 D i s c i p l i n a r y Actions 36 Notice to persons using CNS title From the Executive Director JOEY RIDENOUR, RN, MN Cheating Is Profoundly Unfair To Patients Cheating on many types of high stakes tests used for licensure or certification domestically or internationally is as widespread as it is deeply troubling to health care regulators. Cheaters may earn passing scores without actually acquiring the knowledge and skills measured by the test. Licenses or credentials signify that an “individual has demonstrated a significant and safe level of competence in specified domains. The cheaters credential provides no such assurance. Cheating also substantially undermines the value of the test as protection of the public against unqualified practitioners. Understanding cheating is particularly important given the trends that show cheating has increased dramatically over the past 30 years.” Donald L. McCabe, Linda Klebe Trevino, Kenneth D. Butterfield, “Cheating in Academic Institutions: A Decade of Research”, Ethics & Behavior, II (3), 219-232. John Premer, Ph.D and Jamie Mjulkey, Ed.D, Senior Directors of Test Security, Caveon, have spotlighted “The Ten Most Wanted Test Cheaters”. The following seven are most relevant to nursing licensure examinations: 1. The Impersonator Impersonators are also known as proxy test takers. For example, individuals were recently caught proxy testing for TOEFEL (Test of English as a Foreign Language). 2. The Smuggler Smugglers bring into the testing setting materials or devices to provide information for answers. A packet of facial tissues may contain information; a pencil/pair of eyeglasses/wrist watch may serve as storage devices for enormous amounts of information. A cell phone may be employed to send or receive answers to/from someone sitting for the exam. 3. The Storyteller Storytellers memorize test items only to “retell” them later to others. Storytellers tend to take the exam multiple times and memorize a few items in each test taking session. The sharing of the items by the storyteller ranges from telling a few friends to selling items over the internet. 4. The Chain Gang Storytellers tend to work alone but “The Chain Gang”, work in groups to memorize and sell parts of the test or item pool. 5. The Collaborators Collaborators are individuals who do not rely on their memories like the “storytellers and chain gang” but bring modern camera technology/electronic devices into the test setting to steal the test items. 6. Robin Hood Some cheating occurs without the active participation of the test taker. “Robin Hood” may give answers to test takers in a review session or lead test takers toward particular answers. The test takers may share their “coaching” through text messaging. 7. The Hacker Hackers have devoted enormous effort to infiltrating computer systems. This is the high tech version of borrowing the teacher’s grade book to alter the score. 4 arizona STATE BOARD OF NURSING REGULATORY JOURNAL Insights and evidence from these two articles, informs the following: Five Testing Integrity Principles for Nursing Regulation A. Affirm and clearly communicate expectations regarding “testing integrity” and consistently send a message that it is a high priority in protecting the public against unqualified practitioners. B. Establish laws and rules that address behavior or conduct that constitutes cheating and provide deterrents to cheating C. Establish appropriate accountability and obligations on both nursing students and faculty to prevent passing scores without acquiring the knowledge and skills measured by the test. D. Reduce opportunities to compromise testing processes that undermine the value of tests in protecting the public from unqualified practitioners. E. Establish universal standards that drives decision making when international high stakes tests are breached to protect the public from unqualified applicants. Cheating is profoundly unfair to patients. Society must trust that we are collectively ensuring that the “testing integrity” of the examinations protects the public from unqualified practitioners. Joey Ridenour, RN MN Executive Director arizona STATE BOARD OF NURSING REGULATORY JOURNAL 5 Reflections of a New Board President Karen Hardy, RN MSN As President of the Arizona State Board of Nursing, please join me in welcoming the newest appointment, Constance Woulard RN MSN, who fills one of the five RN positions on our board of nine. Connie joined us at our March meeting. Her clinical and educational experiences will add additional wisdom to the Board deliberations and decisions and are appreciated. Looking back on my two plus years with the Board of Nursing, I reflect on the knowledge that is a part of me now that once was only a document called the Nurse Practice Act. What I Know Now – About the Board *1. The mission of the board and centerpiece to all we do is to Protect the Public *2. The Board’s website, www.azbn.gov, holds a wealth of information. Some of the basic information found is the current Arizona Nurse Practice Act and the Rules and Regulations governing that practice as well as Advisory Opinions. My favorite to refer nurses to is the Scope of Practice Decision Tree. Many questions can be answered by using this tool. *3. As of January 2007, you now can file a complaint to the board from the website. *4. You can apply for or renew your license/certificate from the website. *5. The National Council of State Boards of Nursing has a website, www.ncsbn.org At this site you can find educational opportunities as well as information on the multistate licensure compact. *6. There are 55 board staff who are guided by an Executive Director and three Associate Directors. *7. The Board oversees approximately 100,000 APRN’s, RN’s, LPN’s and Certified Nursing Assistants. *8. Those licensees and certificate holders disciplined by the board are less than 1% of those the licensed/certified in the State of Arizona What I Know Now - About the Process When a complaint is filed at the Board of Nursing it is triaged and given a priority number 1 (high) to 3 based on the severity of the alleged complaint and the potential harm/risk to the public. Based on prior Board actions, some complaints meet criteria for early closure and others go to the board for final discussion and decision. It takes approximately 30 staff to conduct the investigative work of the Board - receptionists, legal/administrative assistants, investigators, Nurse Consultants, three Assistant Attorney Generals, Associate Director and the Executive Director. The investigators are either master’s prepared RN’s or nonnursing investigators with a background and skills as paralegal/law enforcement or related fields. These highly skilled employees investigate the complaint and compile the Investigative Report (IR). When the investigation begins the investigator might request/ subpoena / find federal, state and local criminal histories, public records (documents) such as police and probation records/reports and employment records, including dates of employment evaluations and counselings. The complainant and all involved parties are interviewed. The nurse becomes the respondent to the complaint. The individual complaints and cases are placed on an agenda per Open Meeting Law and the compiled investigative reports are placed on a CD for the board members to read prior to the meeting. This is anywhere from 8-16 hours of reading thus allowing board members to be familiar with the agenda items before they get to the meeting to openly discuss them. What I Know Now About – Applicants and Respondents The expectation and wisest course of action is to fully cooperate with the board if you become the respondent (nurse responding to the complaint) or if you are asked to respond due to an investigation. You might be the employer, coworker or witness to the incident and be asked to give your account of the incident. If you get mail from the Arizona State Board of Nursing-open it and read it fully. Completely fill out any questionnaires and provide the substantiating documents. Keep a log of what you are doing to cooperate with the board. This allows you and your investigator to be able to refer to dates and times. Maintain a current address on record at the board. As required by law your address must be changed with in 30 days. My two and a half years on the board of nursing have been a great learning experience. Nursing regulation is very complex and ever changing with the trends of nursing. As president of the Arizona State Board of Nursing I welcome your comments. Karen Hardy RN MSN President 6 arizona STATE BOARD OF NURSING REGULATORY JOURNAL STAFF DIRECTORY ADMINISTRATION Joey Ridenour, RN, MN Executive Director 602.889.5200 jridenour@azbn.gov Judy Bontrager RN, MN Associate Director-Operations & Licensing 602.889.5204 jbontrager@azbn.gov Valerie Smith RN, MS Associate Director-Nursing Practice, Complaints & Investigations 602.889.5206 vsmith@azbn.gov Pamela Randolph RN, MS Associate Director Education & Evidenced Based Regulation 602.889.5209 prandolph@azbn.gov Lila Wiemann Administrative Assistant to the Executive Director 602.889.5202 lwiemann@azbn.gov Dolores Hurtado Assistant to Associate Director/Nursing Practice, Complaints & Investigations 602.889.5158 dhurtado@azbn.gov Thereasa Huff Assistant to Associate Director/Nursing Practice, Complaints & Investigations 602.889.5208 thuff@azbn.gov Cristina Oates Administrative Assistant to Associate Director Operations/Licensing 602.889.5205 coates@azbn.gov ADVANCED PRACTICE Karen Grady, MS, RN, FNP, BC Advanced Practice/RN/LPN 602.889.5182 kgrady@azbn.gov Olga Zuniga Administrative Secretary – Monitoring & CANDO 602.889.5157 ozuniga@azbn.gov EDUCATION Karen Gilliland 602.889.5187 kgilliland@azbn.gov FISCAL SERVICES Norma Salter Accounting Technician 602.889.5211 nsalter@azbn.gov HEARINGS Susan Barber, RN, MSN Nurse Practice ConsultantHearing Dept 602.889.5161 sbarber@azbn.gov Debra Blake, Paralegal Legal Assistant -Hearing Dept. 602.889.5183 dblake@azbn.gov Vicky Driver Admin. Assistant-Hearing Dept 602.889.5162 vdriver@azbn.gov INVESTIGATIONS NURSE PRACTICE CONSULTANTS Betty Nelson, RN, MS 602.889.5169 bnelson@azbn.gov Jeanine Sage, RN, MSN 602.889.5174 jsage@azbn.gov Mary Rappoport, RN, MN 602.889.5184 mrappoport@azbn.gov Nan Twigg, RN, MSN 520.615.4945 ntwigg@azbn.gov Sister Rachel Torrez, RN, MS 602.889.5180 srachel@azbn.gov Stephanie Nelson, RN, MS 602.889.5179 snelson@azbn.gov CANDO Connie Linck, RN, MN, CNAA, BC Nurse Consultant – CANDO 602.889.5156 clinck@azbn.gov 8 Sydney Munger, RN, MS 602.889.5186 smunger@azbn.gov SENIOR INVESTIGATORS Duncan “Cory” Polak arizona STATE BOARD OF NURSING REGULATORY JOURNAL 602.889.5172 cpolak@azbn.gov James Williams 602.889.5167 jwilliams@azbn.gov Jeanne Crain 602.889.5178 jbauer@azbn.gov Kirk Olson 602.889.5171 kolson@azbn.gov Ronald “Ron” Lester 602.889.5159 rlester@azbn.gov LEGAL SECRETARIES Barbara Melberg 602.889.5193 bmelberg@azbn.gov Dorothy Lindsey 602.889.5177 dlindsey@azbn.gov Esther Garcia 602.889.5173 egarcia@azbn.gov Karen Gilliland 602.889.5187 kgilliland@azbn.gov Trina Smith 602.889.5175 tsmith@azbn.gov INFORMATION TECHNOLOGY Cory Davitt Network Operations Director 602.889.5213 cdavitt@azbn.gov Adam Henriksen Information Technology Director/Webmaster 602.889.5231 ahenriksen@azbn.gov LICENSING Becky Melton RN/LPN Exam 602.889.5190 baranyos@azbn.gov Debbie Kunkle RN/LPN Renewals 602.889.5195 dkunkle@azbn.gov Cristina Oates Advanced Practice/School Nurses 602.889.5205 coates@azbn.gov Donna Frye Fingerprints/Endorsements 602.889.5191 dfrye@azbn.gov Helen Tay CNA Exam/Endorsements 602.889.5189 htay@azbn.gov Jene Martinez RN/LPN/CNA 602.889.5224 jmartinez@azbn.gov Paula Delphy RN/LPN Endorsements 602.889.5192 pdelphy@azbn.gov Rhonda Rogers CNA.Renewals 602.889.5188 rrogers@azbn.gov MAILROOM Derek Hardin 602.5215 dhardin@azbn.gov MONITORING Erica Bailey Senior Investigator 602.889.5160 ebailey@azbn.gov Brent Sutter Legal Secretary Monitoring & CANDO 602.889.5168 bsutter@azbn.gov RECEPTIONISTS Marlane Brosseau 602.889.5199 mbrosseau@azbn.gov Susan Kingsland 602.889.5197 skingsland@azbn.gov Tawni Rowen 602.889.5196 trowen@azbn.gov RECORDS Anne Parlin 602.889.5207 aparlin@azbn.gov Education Corner cheating of all types is PAMELA RANDOLPH RN, MS increasing among students. Cheating rates have been ASSOCIATE DIRECTOR/EDUCATION estimated between 60-70% AND EVIDENCE BASED REGULATION among high school students and 30-50% among college students (Hendershott, Academic Integrity 2000). There are also studies reporting that The following incidents recently came to the students who cheat engage in other deviant behavior (Blankenship, 2000). Nurses have attention of the Board: earned the public trust and are consistently 1.) Officials in the Philippines provided ranked as the most trusted profession; each actual items from the Philippines nursing incident of cheating among nursing stulicensure exam to examinees in a review dents and faculty serves to undermine the course. The June 2006 breached test was public trust in nurses. given to test takers. Allegedly Test III medAn exam is intended to sample the ical-surgical had 20 out of the 100 questions knowledge of the student or applicant. If and Test V neuro-psych had 90 out of the the exam is released before the test, it loses 100 questions given to students. reliability and validity as a measure of the On February 14, 2007 the Commission on student’s total knowledge. A nurse needs to Graduates of Foreign Schools (CGFNS) know much more than the content of exam announced it would deny Visa Screen items. It is especially disturbing when those Certificates for Filipino nurses who had entrusted to preserve the values of the proobtained licensure based on the 2006 fession, faculty and regulators, engage in breached exam. CGFNS further stated that behaviors that undermine academic integrinurses would qualify for the Visa Screen if ty. When asked why they cheat, students they were able to successfully pass Tests III claim, “everyone does it” or “it’s what you & V. need to do to succeed”. Reasons for faculty On the same date the American Nurses involvement may stem from a desire to be Association (ANA) Board of Directors helpful to students, liked by students, or in passed a resolution stating that all passing response to student pressure. Faculty may candidates of the June 2006 breached exam also be motivated to cheat when they are wishing to be considered for licensure be rewarded, either monetarily or in a performrequired to retake a new and different licenance evaluation, if students pass an exam. sure test and obtain a passing score. Cheating behaviors on the part of a nurse or 2.) In an Arizona nursing program, a facnursing student have serious implications in ulty member read exam items to students in the clinical setting. Caregivers rely on the an exam preparation session while students nurse’s integrity and honesty in reporting taped the session. patient information. Falsifying patient data 3.) In another Arizona nursing program, it can have life-threatening implications for was alleged that a faculty member let it be patients. known that a copy of an exam would be left Faculty and nursing program administraunattended if students cared to examine or tors can deter cheating by establishing a copy it. culture of academic integrity where stuCoupled with reports of nursing student dents, faculty and administrators are equally plagiarism, copying from others during an responsible for monitoring and enforcing exam, use of crib sheets and high-tech academic integrity policies (Hendershott, cheating, the public has serious reasons to 2000). Studies show that students are relucquestion the competency and qualifications tant to report cheating (Hendershott, 2000). of nurses. There is growing evidence that In the second incident above, no student 10 arizona STATE BOARD OF NURSING REGULATORY JOURNAL came forth to report the incident to a program administrator or another instructor. If cheating is to be deterred, it must become a socially unacceptable behavior. By firmly establishing the implications of cheating in terms of patient harm, harm to the profession, and tarnished reputation of those involved, a culture of integrity can be fostered. Information for this article was obtained from: Hendershott, Drinan, and Cross. Toward enhancing a culture of academic integrity. NASPA Journal, Vol. 37, No. 4, Summer 2000. Blankenship & Whitley. Relationship of general deviance to academic dishonesty. Ethics and Behavior, Vol. 10, No. 1 pp 1-12, (2000). Board Actions on Education Matters January, 2007 Accepted Consent for Civil Penalty from Sunrise Mountain High School CNA program and approved CNA program Dismissed complaints against Pima Medical Institute RN program and Sun Grove Village CNA program March 2007 Applications for program change were approved from Cochise College (program length), and Pima Medical Institute (program length). Dismissed complaints against SEVEN Academy Refresher Program, East Mesa Care Center CNA Program, Yuma Nursing Center CNA Program, and Central Arizona College RN program. Renewed approval of refresher programs at John C. Lincoln (RN) and North Dakota Nurses Association (PN). Issued Notice of Deficiency to University of Phoenix LPN to BSN program Approved University of Mary (Bismarck, North Dakota) application to provide clinical experiences in AZ. Regulation RUNDOWN Rulemaking R4-19-215; R4-19-301; R419-302; R4-19-505; R4-19-506; R4-19507; and R4-19-508 These individual rules were revised to address issues that have arisen since their adoption. Amendments to Article 2 (R4-19-215) contain a process for rescinding the approval of an out-of-state nursing program that does not substantially meet Board standards. Amendments to Article 3 (R4-19-302) grant the Board specific authority to prescribe additional licensure requirements for an individual who graduates from a revoked nursing program. Time-frames) are underway. A preliminary review will be conducted by Board staff, Board members, Education Committee, and Scope of Practice Committee. Following these reviews, a notice of proposed rulemaking will be placed on the Board website for general public review and comment. The person to contact at the Board regarding rules is: Pamela Randolph 602-889-5209 e-mail: prandolph@azbn.gov Fax: 602-889-5155 Amendments to Article 5 (R4-19-505) will extend the waiver of certification for clinical nurse specialists practicing in the area of maternal/infant health or women’s health since there is no certification exam. Standards for keeping an advanced practice certificate active and for education to increase competency within an advanced practice specialty (R4-19508) are incorporated. Advanced practice nurses will now be required to practice for 960 hours within their specialty area or possess national certification in their category and specialty to maintain their advanced practice certification with the Board. The final rules were approved by the Governor’s Regulatory Review Council at their April 3, 2007 meeting and will be final in early June. The practice requirement for advanced practice nurses will be implemented July 1, 2007. The final rules are posted on the website. Articles 1 and 4 Extensive revisions of Articles 4 (Regulation) and 1 (Definitions and 12 by Pamela Randolph RN, MS ASSOCIATE DIRECTOR/EDUCATION AND EVIDENCE BASED REGULATION arizona STATE BOARD OF NURSING REGULATORY JOURNAL A D VA N C E D P R A C T I C E C O R N E R APRN Practice Hour Requirement for Renewal Effective July 1, 2007, all advanced practice registered nurses (APRNs) are now required to either practice as an APRN for 960 hours (within 5 years) or possess national certification in their category and specialty area in order to maintain their advanced practice certification with the Board. Those APRNs with advanced practice certificates issued after July 1, 2004, are already required to maintain national certification to renew their certification. Those APRNs with advanced practice certificates issued on or before July 1, 2004, or those issued without proof of national certification under R4-19-505 (A)(7) and (B)(2), will be required to practice advanced practice nursing at the applicable level of certification for a minimum of 960 hours in the five years before the date the application is received. This practice hour requirement is satisfied if the applicant has either: 1. Completed an advanced practice nursing education program within the past five years; or BY KAREN GRADY, MS, RN, FNP, BC ADVANCED PRACTICE CONSULTANT advanced practice certification being sought or renewed. If the practice hour requirement is not met, the APRN will be required to either provide evidence of current national certification in their specialty area, or will be required to complete coursework/continuing education (minimum of 45 hours of advanced pharmacology and 45 hours related to the specialty) and a specified number of precepted clinical hours depending upon the number of years out of practice: b. Held a position for compensation or as a volunteer that required or recommended, in the job description, the level of 14 If the APRN has not practiced 960 hours of advanced practice nursing in the category and specialty area being renewed in more than 10 years, complete a program of study as recommended by an approved advanced practice nursing program that includes, at minimum, 500 hours of faculty supervised clinical practice in the category and specialty area of certification. Questions: If I was certified after July 1, 2004 and am already required to submit evidence of national certification for renewal, do I have any additional requirements for renewal? No. Current national certification fulfills the requirement. Do hours worked in an RN role apply to the APRN requirement? No. Your practice hours must be in the category and specialty area of your APRN certification 2. Practiced for a minimum of 960 hours within the past five years where the nurse: a. Worked for compensation or as a volunteer, as an RNP or CNS, and performed one or more acts under A.R.S. § 32-1601(5) for a CNS or A.R.S. § 32-1601(15) for an RNP; or 1000 hours if the applicant has not practiced at least 960 hours in the last 6 years, but has practiced 960 hours in the last 7 to 10 years; or 300 hours if the applicant has practiced less than 960 hours in only the last 5 years; 600 hours if the applicant has not practiced 960 hours in the last 5 years, but has practiced at least 960 hours in the last six years; arizona STATE BOARD OF NURSING REGULATORY JOURNAL Will I need 960 hours for my RN license plus an additional 960 hours for my APRN certificate? No. Your 960 APRN hours will also satisfy the RN 960 hour requirement. If I am working in a non-clinical APRN role will those hours apply to the requirement? Yes, if the job description requires or recommends APRN certification. CONTINUED>> Do other states have a practice requirement for APRN nurses? Yes. Other state regulations were reviewed and the majority had requirements for APRN renewal, including Oregon, Washington State, Utah, and New Mexico. Increasing Competency within an Advanced Practice Specialty Effective June 3, 2007, R4-19-508 Scope of Practice of a Registered Nurse Practitioner is amended to include standards for educational preparation to increase competency/provide health care services within the RNP’s scope of practice: An RNP shall only provide health care services within the nurse practitioner’s scope of practice for which the RNP is educationally prepared and for which competency has been established and maintained. Educational preparation means academic coursework or continuing education activities that include both theory and supervised clinical practice. The full rule amendments can be viewed on our website. Go to www.azbn.gov, Resources, Proposed Rules, R4-19-506 and R4-19-508. These proposed amendments to Article 5 were published in the November 2006 ASBN Journal, posted on the ASBN website, and an open public hearing was held on January 17, 2007, with no persons testifying against the rulemaking. For questions about advanced practice or the advanced practice committee, contact Karen Grady at (602) 889-5182 or via e-mail at kgrady@azbn.org. arizona STATE BOARD OF NURSING REGULATORY JOURNAL 15 ARIZONA STATE BOARD OF NURSING HEARING DEPARTMENT QUESTIONS AND ANSWERS SUSAN BARBER, RN MSN NURSE CONSULTANT/HEARING DEPARTMENT How do I get a hearing regarding my case? First, complaints received by the Board are thoroughly investigated and, when the investigation is complete, the case is placed on the Board meeting agenda for Board review. The Board (9 members) determine the outcome of each case. If the complaint is dismissed or if a Letter of Concern is issued, these two options are not disciplinary action and therefore, cannot be appealed. The Board may vote to offer the licensee or certificate holder a Consent Agreement for a particular disciplinary action, which includes civil penalty (fine), decree of censure (reprimand), probation, suspension or revocation. If the Consent Agreement is signed, the investigative case is closed and, depending on the discipline, the case may be transferred to the Monitoring Department. If the Consent Agreement is not acceptable to the nurse or nursing assistant, the nurse or nursing assistant has the right to request a formal hearing. The case is transferred to the Hearing Department. In some cases, the Board could vote to issue Notice of Charges. Once issued, a Notice of Charges requires a written response requesting a hearing in order to send the case on to the Hearing Department. If there is no response, it is considered a default decision and admission to the charges. All defaults return to the Board with a document called Motion to Deem Allegations Admitted. The Board has jurisdiction to determine and issue appropriate discipline by a default decision. For applicants (exam, endorsement, renewal, reinstatement), if the Board issues an Order of Denial, a written response appealing the Board’s decision is required to send the case on to hearing. By Statute, a denial hearing must be scheduled within 60 days of the Applicant’s written request for a hearing. 2. What happens in the Hearing Department? a. A letter is sent to the licensee or certificate holder advising that their case has been transferred. The letter reinforces the Board’s initial decision, identifies other options, and briefly describes the hearing process. b. A licensee or certificate holder may decide to accept the Board’s initial offer for discipline and sign the original Consent Agreement closing the case in the Hearing Department. c. A licensee or certificate holder may negotiate specific findings or terms in the offered Consent Agreement before signing. Any changes to Consent Agreement terms and conditions must be Board approved before becoming final. d. A licensee or certificate holder may decide to give up their license/certificate by signing Consent for Voluntary Surrender. e. A pre-hearing settlement conference may be scheduled in an attempt to settle a case prior to the scheduled hearing. Two Board members attend the settlement conference along with the Assistant Attorney General assigned to the case, Board staff, the licensee or certificate holder, and if represented, the licensee’s attorney. Both sides present a brief overview and options are negotiated. If a settlement is reached, once the new Consent Agreement is signed, the hearing is cancelled. If a settlement cannot be reached, the hearing moves forward. f. Hearings are not held before the Board. Formal hearings are scheduled at the Office of Administrative Hearings (“OAH”), a separate and independent agency from the Board of Nursing. Hearings are held before an Administrative Law Judge (“ALJ”). A hearing is similar to a court room setting, with a Judge presiding, an Assistant Attorney General representing the Board’s case, and Board staff (investigator/consultant) serving as a witness. Other witnesses may be called. The nurse or nursing assistant may be represented by counsel and may bring witnesses or other evidence to support their case. Upon completion of all testimony and introduction of all evidence, the ALJ will write Findings of Fact, Conclusions of Law and will recommend a specific discipline be taken. The ALJ’s report will be placed on the Board agenda for review at the next non-telephonic Board meeting. The Board has jurisdiction to accept, reject or modify the ALJ’s recomCONTINUED>> 16 arizona STATE BOARD OF NURSING REGULATORY JOURNAL mended decision based on their review of the transcript in the case. Once the Board votes on the appropriate discipline in a hearing case, an ORDER is issued. The licensee or certificate holder then has 35 days to appeal the Board’s Order by filing a written request for rehearing, or the discipline becomes final. If a request for rehearing is filed, there must be a valid basis for the request pursuant to A.A.C. R4-19-608. The request for rehearing is placed on the Board agenda for review. The Board has authority to grant or deny a rehearing, or grant a review for the purpose of modifying the final Order. If a rehearing is granted, a hearing will be rescheduled at OAH. If a rehearing is denied, the disciplinary Order becomes final and effective on the date the Board’s decision; (Order Denying Rehearing), is placed in the mail. g. At this point, the licensee may appeal further to Superior Court by filing for Judicial Review of the Board’s decision, and by requesting an injunction to STAY (hold) the Board’s disciplinary Order. If a stay is not requested during the request for Judicial Review of the Board’s decision, the disciplinary Order remains effective during the appeal process. An appeal of this nature keeps the case open pending the Court’s decision. The Court may dismiss the appeal and find in favor of the Board, remand the case back to the Board for further action, or grant the appeal. arizona STATE BOARD OF NURSING REGULATORY JOURNAL 17 2007 will be the first in a series of many years that the RN/LPN Renewal Applicants will be receiving a survey to be completed with the renewal process. Core data will be compared with other states and the survey responses will be important in projecting nursing workforce needs in Arizona. ~JER Mail to the Right Address - Failed In 5% of Correspondence Sent February 2007 Judy Bontrager, RN MN Associate Director/Operations In February 2007 staff reviewed all mail returned to the Board. Reasons for the returns included: Not deliverable as addressed, unable to forward Attempted to deliver, insufficient address, unable to forward No forwarding address No mail receptacle Address unknown Forward time expired Certified mail was unclaimed Approximately 5% of the mail we sent out was returned to the Board. The mail included licenses, certificates, letters, consent agreements, certified mail, application packets, etc. When mail is returned, the data base is checked to see if you may have updated your address since the mail was sent out. If so, the information is resent to you. However, we cannot change your address to the forwarding address that the Post Office has written on the envelope into our data base. That change of information must be obtained directly from you. With the current failure rate of “bad addresses” it is essential that we have current addresses on everyone. By statute §32-1609(C), Each person who holds an Arizona nursing license or nursing assistant certificate shall notify the board within thirty days of each change in the licensee’s or certificate holder’s residence address. §32-1643 (A)(28) Failing to notify the board of a change of residence address pursuant to section 32-1609, results in a charge of $5.00 Please verify we have your current address in the Board of Nursing data base. Go to HYPERLINK www.azbn.gov, click on the gold star on the left column of the home page. When you view your information, you will have the option to click on “view/update” and be able to update your address information. You will have 4 addresses to consider: The Home address is mandatory. The Mailing address is optional. This is for use when you wish to have your mail sent to an address other than your home. i.e. a Post Office box The Work address is also optional. EOE The Temporary address is optional. You can include the dates/time that you thisREGULATORY address to beJOURNAL used. 20 arizonaperiod STATE BOARD OF want NURSING Thanks for your assistance in updating your address so From the national scene… National Council State Boards of Nursing As the Area I Director representing the western region of the United States for NCSBN, I am pleased to share the highlights from the NCSBN May board meeting held in Chicago. The nine member board worked on strategic initiatives for 2008, reviewed committee accomplishments of this past year, created committee charges for 2008, and prepared the agenda for the annual Delegate Assembly meeting in August. The bylaws recommendations include increasing the number of board member from 9 to 11, transitioning the nominations committee to a succession planning committee, and increasing all terms of office to two years. The following strategic initiatives will be presented to the Delegate Assembly in August: 1.NCSBN strategically advances patient safety for the health and welfare of the public 2.NCSBN contributes to Member Board excellence by providing resources, communication, education and technology. 3.NCSBN advances evidence-based nursing regulation and regulatory solutions for public protection. 4.NCSBN provides comprehensive data management for use by Member Boards and external stakeholders. 5.NCSBN is the premier organization to define and measure entry and continued competence. 6.NCSBN advances the development of regulatory excellence worldwide. To address the need for a reliable, timely and comprehensive nursing data base continues to be one of the strategic initiatives of NCSBN. Specifically, a Nursys® Business development proposal was supported to pursue: 1.Creation of a unique nurse identifier 2.Gather data from all boards of nursing within their statutory limitations 3.Provide accurate data for baseline nursing information 4.Implement a fraud and imposter notification system 5.Develop a common licensure for application to boards of nursing In an unfortunate situation, the scheduling of NCLEX testing at the international test center in Seoul, Korea has been suspended. Evidence specific to candidate cheating was confirmed by NCSBN staff. Continuing investigation and dialogue with Korean government officials and Kang Dong Academy to resolve the security issues as quickly as possible is occurring by NCSBN testing and legal staff. For additional information contact Joey Ridenour, Executive Director, Arizona State Board of Nursing. Special recognition is Arizona staff and board members for their participation on NCSBN committees; Kathy Busby, JD, Bylaws committee; Adam Henriksen, Nursys® Advisory Panel; Joey Ridenour, Member Board Leadership Development Advisory Panel; Pat Johnson, Item Review Subcommittee and Val Smith, Awards Panel. Kathy Malloch, PhD, MBA, RN, FAAN; NCSBN Board of Directors: Area I Director arizona STATE BOARD OF NURSING REGULATORY JOURNAL 21 NCSBN Recruiting for: Panel of Judges for LPN/VN Standard Setting On behalf of the National Council of State Boards of Nursing, we are recruiting RNs and LPN/VNs for the Panel of Judges for Standard Setting. NCSBN conducts a standard setting workshop for the NCLEX-PN examination every three years. The Panel of Judges' responsibility is to recommend an NCLEX examination passing standard to the Board of Directors. As a member of the Panel of Judges you would travel to Chicago to participate in meetings held the week of September 17th for 3-4 days. The Panel of Judges will be composed RNs and LPN/VNs (of a minimum of nine members), representing all four geographic regions and clinical practice areas. Members of the PN Panel of Judges must meet the following criteria: • Must be currently employed in clinical nursing practice giving direct patient care and working directly with LPN/VNs who have entered nursing practice during the last twelve months (e.g., staff nurses who work collaboratively with entry-level nurses, nurses who precept or orient entry-level nurses, assistant head nurses, head nurses, clinical specialists). • Applicants (noted above) must be in clinical practice for at least two years. • One educator who currently supervises basic/undergraduate students in the clinical area. • One entry level practitioner with less that 1 year in practice. Also, to allow for filling vacancies of any who might resign from the panel, we must also create an alternate list of participants. If you are interested in being considered for the Panel of Judges, please submit your CV via email to Lorraine Kenny, MS, RN at lkenny@ncsbn.org or fax it to her at 312-279-1036. arizona STATE BOARD OF NURSING REGULATORY JOURNAL 25 What is Your License Renewal Date? Judy Bontrager, RN MN Associate Director/Operations AzBN statistics show that 48% more nurses renewed their license on line by April 1, 2007 than those who renewed by April 1, 2006. Benefits of Early Renewal: 1.) Employers can verify your renewal now versus June 30, 2007. 2.) You will not receive a “blast email” reminding you to renew. 3.) You will receive your hard copy of the license within a few days from the time of your online renewal. 4.) Avoid “forgetting to renew” and paying a late fee. Thank you, AzBN Licensing Staff arizona STATE BOARD OF NURSING REGULATORY JOURNAL 27 *Not reported in previous Newsletter CNA DISCIPLINARY ACTION JANUARY-FEBRUARY-MARCH 2007 EFFECTIVE DATE NAME 3/9/2007 Adams, Christina M 1/16/2007 Adams, Doug J 8/10/2006* Adeyemi, Adewale 12/21/2006* Anaya, Fernando 2/5/2007 Anaya, Fernando 12/15/2006* Angulo, Mary H 2/16/2007 Angulo, Mary H 8/17/2006* Ault, Wendy H 1/5/2007 Bailey, Olivia N CERTIFICATE CNA751373626 CNA834831103 CNA722308499 CNA999949995 CNA999949995 CNA999993864 CNA999993864 CNA999993610 CNA Applicant DISCIPLINE Revoked Revoked Suspension Stayed Revocation Revoked Civil Penalty Suspension Suspension Certificate Denied 10/6/2006* 11/26/2006* 9/1/2006* 5/5/2006* 9/22/2006* 8/31/2006* 7/13/2006* 1/18/2007 11/15/2006* Bates, Alice L Beach, Lauren M Begay, Lavonne M Big, Lanova A Bolley, Breanna S Bowden, Amy C Brockwell, Melissa C Browarny, Dale K Brown, Lois K CNA028539803 CNA1000001600 CNA999949042 CNA1000008496 CNA1000004230 CNA1000009801 CNA1000003378 CNA1000008499 CNA256283103 2/9/2007 3/22/2007 11/15/2006* 2/20/2007 1/10/2007 3/8/2007 2/13/2007 3/9/2007 3/13/2007 Burnette, Llory A Butao, Danilo A Callas, Kelly M Campbell, John C Cason, Thomas H Charley, Donna L Coles, Jessica D Colter, Bertha J Cox, Courtney B CNA1000011772 CNA1000004757 CNA499415357 CNA1000011720 CNA Applicant CNA Applicant CNA1000011666 CNA468301803 CNA Applicant Revoked Civil Penalty Revoked Revoked Revoked Revoked Revoked Voluntary Surrender Stayed Revocation w/Suspension Civil Penalty Voluntary Surrender Voluntary Surrender Civil Penalty Certificate Denied Certificate Denied Stayed Revocation Revoked Certificate Denied 8/21/2006* 11/13/2006* 7/7/2006* 3/2/2007 2/25/2007 CNA1000001269 CNA1000009947 CNA999993372 CNA Applicant CNA999951666 Suspension Suspension Revoked Certificate Denied Civil Penalty 3/21/2006* 1/30/2007 Curtis, Roxanne N Cutter, Marissa R Dawo, Rachel Delgadilla, Kristina M Donyina-Twumasi, Maria L Dorame, Bianca Dykert, Leonarda CNA1000003805 CNA999952143 Revoked Certificate Denied 1/5/2007 Enlow, Debra L CNA Applicant Certificate Denied 6/23/2006* 2/6/2007 10/6/2006* 3/9/2007 11/15/2006* 1/22/2007 1/22/2007 1/18/2007 2/1/2007 3/23/2006* 1/17/2007 8/10/2006* 8/10/2006* 8/11/2006* 1/22/2007 3/6/2007 Erickson, Carl W Estus, Emma L Eubanks, Phyllis V Fenton, Sandra L Fleming, Dianna C Flores, Frank Flores, Sherri L Gabbert, Leeandra Galang, Maria E Garcia, Graciela V Garcia, Renee Y Gigous, Michelle Gilbreth, Kimberlie A Gonzales, Gerardo P Griffin, Jenny M Henry, Donna K CNA572563873 CNA307833233 CNA1000009714 CNA999995453 CNA286545843 CNA022566103 CNA621743809 CNA1000011468 CNA999952546 CNA483982803 CNA999947084 CNA999949133 CNA999991481 CNA1000001221 CNA714246441 CNA Applicant Revoked Voluntary Surrender Revoked Revoked Revoked Revoked Revoked Stayed Revocation Civil Penalty Suspension Voluntary Surrender Revoked Suspension Voluntary Surrender Suspension Certificate Denied VIOLATION(S) Criminal Conviction-Misdemeanor; Against Person; Drug Related Criminal Conviction-Misdemeanor; Fraudulent Billing; Fraud/Deceit Violating Board Order Criminal Conviction-Misdemeanor Violating Board Order Misconduct Violating Board Order Violating Board Order Criminal Conviction-Misdemeanor; Obtaining Certificate by Fraud; Failure to Cooperate Violating Board Order Practicing Beyond Scope Violating Board Order Violating Board Order Violating Board Order Violating Board Order Violating Board Order Failure to Maintain Minimal Standards; Unsafe Practice Alcohol Abuse; Violating Board Order Criminal Conviction-Misdemeanor; Failure to Cooperate Sexual Abuse; Unsafe Practice; Failure to Follow Orders Criminal Conviction-Felony; Drug Related Criminal Conviction; Misdemeanor; Against Property Criminal Conviction-Misdemeanor; Against Property; Drug Related Criminal Conviction-Felony; Failure to Cooperate Drug Abuse; Criminal Conviction Failure to Follow Orders; Verbal Abuse; Neglect; Failure to Cooperate Criminal Conviction-Misdemeanor; Drug Related; Failure to Cooperate Violating Board Order Violating Board Order Violating Board Order Drug Abuse; Failure to Cooperate Leaving Duty Station Violating Board Order Criminal Conviction-Misdemeanor; Presenting Illegal RX; Failure to Cooperate Criminal Conviction-Felony; Obtaining Certificate by Fraud; Failure to Cooperate Violating Board Order Theft - Client; Misconduct; Failure to Cooperate Violating Board Order Violating Board Order Violating Board Order Violating Board Order Violating Board Order Drug Related; Fraud/Deceit Obtaining Certificate by Fraud Violating Board Order Criminal Conviction-Felony Violating Board Order Violating Board Order Violating Board Order Violating Board Order Criminal Conviction-Felony; Alcohol Abuse; Obtaining Certificate by Fraud arizona STATE BOARD OF NURSING REGULATORY JOURNAL 29 *Not reported in previous Newsletter *Not reported in previous Newsletter CNA DISCIPLINARY ACTION JANUARY-FEBRUARY-MARCH 2007 EFFECTIVE DATE NAME 8/30/2006* Hermann, Duwayne R 6/22/2006* Hern, Timothy J 3/9/2007 Hernandez, Carie L 1/19/2007 Hoggatt, Jody A 3/9/2007 Howard, Lianita CERTIFICATE CNA827575713 CNA999999521 CNA1000003052 CNA Applicant CNA305317619 DISCIPLINE Voluntary Surrender Suspension Revoked Certificate Denied Revoked 1/20/2007 12/20/2006* 3/5/2007 12/24/2006* 2/15/2007 6/15/2006* 1/17/2007 3/9/2007 Ingle, Felicia M Kalinowski, David J Keith, Tonya C Kennon, Amanda M Kennon, Amanda M Kline, Shepard Knott, Candis S Kollman, Veronica L CNA Applicant CNA999993282 CNA Applicant CNA1000011264 CNA1000011264 CNA999949489 CNA999948337 CNA1000000123 Certificate Denied Voluntary Surrender Certificate Denied Civil Penalty Suspension Revoked Voluntary Surrender Revoked 2/1/2007 3/2/2007 3/8/2007 2/27/2007 1/18/2007 10/20/2006* Koutsky, Regne A Kreger, Jennifer A Larose, Paul R Lopez, Alma A Lumry, Tamara J Macias, Gregorio A CNA Applicant CNA1000011815 CNA Applicant CNA999987923 CNA485635103 CNA666376601 Certificate Denied Stayed Revocation Certificate Denied Voluntary Surrender Voluntary Surrender Revoked 8/9/2006* 1/3/2007 5/15/2006* 3/9/2007 2/16/2007 2/3/2006* 3/9/2007 3/26/2007 Magdaleno, Corena V McGartland, Tammy S Mebane, Demetrios Y Mendivil, Anna A Montano, Olivia Y Olude, Christiana A Page, Bobbi J Palmer, Melissa A CNA1000005208 CNA1000008849 CNA1000003281 CNA1000002196 CNA999997789 CNA1000004606 CNA1000004457 CNA Applicant Suspension Revoked Revoked Revoked Suspension Stayed Revocation Revoked Stayed Suspension 1/30/2007 2/2/2007 Phillips, Vonda K Pinto De Vazquez, Nora S Powskey, Penny L Qalliaj, Angel K Rhoads, James B Riley, Sherry A Rist, Cassy L Roberts, Christi M Rouse, Kevin S Rouse, Kevin S Sangster, Bernice Saxon, Flavia T Short, Wayne G Skavang, Tyler R Sparks, Nancy L Stoner, Cassandra L Tasso, Daryl J Taylor, Kristy Thibodeau, Carolyn A Thompson, Alesia Thornton, Wendy A Van Looy, Christel M Vandevender, Nanci M Victery, Sheila M Waller, Lisa D Welborn, Lisa E CNA929999103 CNA999952628 Certificate Denied Civil Penalty VIOLATION(S) Violating Board Order Violating Board Order Drug Abuse; Drug Use on Duty; Violating Board Order Criminal Conviction-Misdemeanor; Failure to Cooperate Failure to Follow Orders; Practicing Beyond Scope; Fraud/Deceit; Failure to Cooperate Criminal Conviction-Misdemeanor; Failure to Cooperate Criminal Conviction-Felony Criminal Conviction-Misdemeanor; Drug Related; Failure to Cooperate Criminal Conviction; Misdemeanor; Drug Related Violating Board Order Violating Board Order Violating Board Order Failure to Follow Orders; Misconduct; Sexual Misconduct; Unprofessional Conduct Criminal Conviction-Misdemeanor; Failure to Cooperate Criminal Conviction-Misdemeanor; Alcohol Abuse Criminal Conviction-Misdemeanor; Fraud/Deceit Physical Abuse; Verbal Abuse; Failure to Follow Orders Breach of Confidentiality; Misconduct; Fraudulent Billing Failure to Follow Orders; Sex with Client; Sexual Abuse; Criminal Conviction-Misdemeanor Violating Board Order Violating Board Order Violating Board Order Theft - Client; Failure to Follow Orders; Misconduct Violating Board Order Violating Board Order Misconduct; Violating Board Order Criminal Conviction-Misdemeanor; Alcohol Abuse; Violating Board Order Criminal Conviction-Misdemeanor; Failure to Cooperate Obtaining Certificate by Fraud CNA1000009799 CNA761372989 CNA1000003052 CNA999999980 CNA1000004459 CNA Applicant CNA1000006756 CNA1000006756 CNA1000011582 CNA1000003907 CNA Applicant CNA1000006071 CNA920677650 CNA1000000101 CNA999999923 CNA182250641 CNA1000003111 CNA Applicant CNA1000011535 CNA392123113 CNA284348589 CNA1000011799 CNA1000011792 CNA Applicant Revoked Revoked Certificate Denied Revoked Revoked Certificate Denied Stayed Revocation Revoked Civil Penalty Stayed Revocation Certificate Denied Suspension Revoked Revoked Civil Penalty Suspension Revoked Certificate Denied Stayed Suspension Stayed Revocation Voluntary Surrender Stayed Revocation Stayed Suspension Certificate Denied Violating Board Order Fraud/Deceit; Failure to Cooperate Criminal Conviction-Misdemeanor; Inability to Practice Safely Violating Board Order Violating Board Order Criminal Conviction-Misdemeanor; Against Person; Drug Abuse Drug Abuse; Drug Use on Duty Violating Board Order Criminal Conviction Drug Abuse Criminal Conviction-Felony; Misdemeanor; Failure to Cooperate Violating Board Order Violating Board Order Violating Board Order Practicing Beyond Scope Violating Board Order Violating Board Order Obtaining Certificate by Fraud; Fraud/Deceit; Failure to Cooperate Criminal Conviction-Misdemeanor Physical Abuse; Verbal Abuse Drug Use on Duty; Alcohol Abuse Criminal Conviction-Misdemeanor; Alcohol Abuse Drug Abuse; Misconduct Criminal Conviction-Misdemeanor; Drug Abuse; Alcohol Abuse 10/20/2006* 3/9/2007 1/4/2007 10/13/2006* 3/21/2006* 1/10/2007 2/22/2007 3/28/2007 1/24/2007 2/9/2007 1/19/2007 2/20/2007 1/19/2007 7/26/2006* 12/21/2006* 8/21/2006* 5/26/2006* 1/5/2007 1/24/2007 2/9/2007 1/23/2007 2/28/2007 2/26/2007 10/20/2006* 30 CONTINUED arizona STATE BOARD OF NURSING REGULATORY JOURNAL CNA DISCIPLINARY ACTION JANUARY-FEBRUARY-MARCH 2007 EFFECTIVE DATE NAME 3/13/2007 Whitehead, Jessica F 11/15/2006* Wilkinson, Denise A 3/9/2007 Williams, Susan C 2/15/2007 Yazzie, Darlene D 12/7/2006* Young, Curtistine M 1/26/2007 Young, Teresa R 12/19/2006* Zavala, Melissa *Not reported in previous Newsletter CONTINUED CERTIFICATE CNA1000003902 CNA1000009770 CNA1000002878 CNA597918353 CNA999991932 CNA999996041 CNA999997134 DISCIPLINE Civil Penalty Revoked Revoked Revoked Revoked Revoked Civil Penalty VIOLATION(S) Leaving Duty Station; Failure to Cooperate Violating Board Order Violating Board Order Violating Board Order Violating Board Order Violating Board Order Practicing Beyond Scope CNA Discipline ACTION CLEARED EFFECTIVE DATE NAME CERTIFICATE 2/27/2007 Angulo, Mary H CNA999993864 1/24/2007 Chapetti, Sara G CNA657248103 11/15/2006* Garcia, Ivah K CNA1000000215 1/24/2007 Meadows, Shamona R CNA999994266 2/3/2007 Olude, Christiana A CNA1000004606 1/24/2007 Whalen, Daniel J CNA999950213 *Not reported in previous Newsletter RN/LPN DISCIPLINARY ACTION JANUARY-FEBRUARY-MARCH 2007 EFFECTIVE DATE NAME 1/12/2007 Acosta, Belinda J. JANUARY-FEBRUARY-MARCH 2007 2/22/2007 3/27/2007 1/4/2007 Allen, Paula D. Ash, Louis D. Atkins, Judith M. LICENSE RN035539 /AP0863 LP038477 RN108228 LP029571 DISCIPLINE Probation VIOLATION(S) Practicing Beyond Scope (APRN) Decree of Censure Decree of Censure Voluntary Surrender Inappropriate Delegation Failure to Follow Orders, Fraud, Deceit Failure to Maintain Minimal Standards, Unsafe Practice, Medication Errors Failure to Maintain Minimal Standards, Documentation Errors, Practicing Beyond Scope Criminal Conviction-Misdemeanor, Alcohol Abuse, Action in Another Jurisdiction Failure to Maintain Minimal Standards Unprofessional Conduct Failure to Maintain Minimal Standards, Documentation Errors 1/24/2007 Baars, Terry L. LP039936 Probation 3/9/2007 Barnhart, Brittney N. LP043030 Probation 1/2/2007 1/2/2007 3/26/2007 Bateman, Julie D. Behlers, Douglas D. Blondell, Marissa J. Probation Probation Probation 2/16/2007 Bode, Sandra Mae 12/31/2006* Branson, Lee W. 3/26/2007 Burke, Stacy J. RN122091 RN114544 RN127834 /LP038560 RN078224 Compact TN, LP RN101708 3/26/2007 Butler, Madeline M. RN134148 12/29/2006* 2/26/2007 3/16/2007 3/8/2007 Carusillo, Gail M. Case, Rebecca S. Chiha, Soraya Childers, Tonya L. 1/4/2007 2/6/2007 3/28/2007 Christy, Laura K. Clay, Kendra N. Cooper, Grant W. LP014980 RN069044 RN129289 RN076293 /LP024572 RN116691 LP033590 RN094171 /AP851 Revocation Revocation Probation Stayed Revocation w/Probation Revocation Probation Voluntary Surrender Probation with Civil Penalty Drug Abuse, Violating Board Order Privilege to Practice; Failure to Maintain Minimal Standards Failure to Follow Orders, Practicing Beyond Scope, Failure to Cooperate With Board Drug Abuse; Failed to submit to a for cause drug screen Failed to submit to a for cause drug screen Criminal Conviction-Felony, Drug Abuse Inability to Practice Safely Violating Board Order Practicing Beyond Scope Voluntary Surrender Voluntary Surrender Summary Suspension Violating Board Order Fraud, Deceit, Violating Board Order Unsafe Practice, Practicing Beyond Scope, Writing Illegal RX arizona STATE BOARD OF NURSING REGULATORY JOURNAL 31 RN/LPN DISCIPLINARY ACTION JANUARY-FEBRUARY-MARCH 2007 EFFECTIVE DATE NAME LICENSE 1/2/2007 Dahl, Melinda Lou RN123635 *Not reported in previous Newsletter 12/14/2006* Dambeck Jr., Robert 1/29/2007 Dangelo, Isabel M. 12/29/2006* Degnan, Susan Ann RN079118 LP029270 LP040889 DISCIPLINE Stayed Suspension w/Probation Decree of Censure Probation Revocation 1/22/2007 2/15/2007 Demattia, Arlene C. do Carmo, Kathryn L. LP037609 LP037548 Suspension Stayed Suspension w/Probation 2/28/2007 Donaldson, Cheryl E. License Denied 1/2/2007 3/26/2007 3/26/2007 Draper, Dustin N. Dulaney, Teresa Elmendorf, Bruce W. RN Endorsement RN126495 LP024841 RN129546 1/4/2007 Estrella, Lily License Denied 3/21/2007 2/15/2007 3/9/2007 Frank, Ruby H. French, Virginia V. Garcia, Dara Lee Decree of Censure Civil Penalty Revocation Misconduct-Physical Abuse, Inappropriate Delegation Fraud, Deceit Violating Board Order 3/10/2007 3/9/2007 Germain, Marie L. Glampe, Ernestine R. LP Endorsement LP026513 RN019608 RN091717 /LP028178 LP037573 LP022773 Misconduct-Physical Abuse, Verbal Abuse, Drug Related Unsafe Practice, Failure to Follow Orders, Failure to Assess Drug Abuse, Drug Diversion, Failure to Comply with Requirements of Impaired Nurse Program Fraud, Deceit, Action in Another Jurisdiction Decree of Censure with Civil Penalty Revocation 3/7/2007 Gorny, Janelle L. Fraud, Deceit Drug Abuse, Violating Board Order, Failure to Cooperate with Board Criminal Conviction-Misdemeanor, Alcohol Abuse 12/27/2006* 3/16/2007 2/16/2007 2/15/2007 Gorski, Carl J. Gricol, Judith A. Griner, Roberta J. Guerricaechevarria, Deborah 2/6/2007 Hall, Lynda Lu 12/26/2006* Hampshire, Deborah A. 2/12/2007 Hartwigsen, Carole M. 3/9/2007 Haycraft, David W. 12/26/2006* Helm, Marilyn J. 1/30/2007 Hove, Cory G. 1/18/2007 Jacques, Yevette B. 11/30/2006* Jeffrey, Maryellen H. 3/12/2007 3/22/2007 11/15/07* 3/9/2007 12/26/2006* 2/6/2007 3/9/2007 2/26/2007 Jones, Pamela D. Jones, Pamela D. Kelly, Colleen F. Kelly, William D. Kilgore, Gina King, Mary H. Kishbaugh, Vanessa R. Kurczeski, Hope E. 3/14/2007 Lammert, Shannon L. 32 Revocation Probation Stayed Revocation w/Suspension RN Endorsement RN085409 RN096175 RN023998 RN051679 /AP0219 RN000099346 RN036328 License Denied RN123340 /LP037680 RN132655 Decree of Censure RN084153 RN071816 /LP023349 RN092380 RN079790 /LP023755 RN138033 RN138033 RN059428 RN084184 LP028293 LP021126 LP011109 RN107173 /LP033737 LP043068 Probation Stayed Revocation w/Suspension Probation Decree of Censure Decree of Censure with Civil Pentalty Voluntary Surrender Suspension/Indefinite Revocation Revocation VIOLATION(S) Suspension Completed Failure to Assess, Failure to Intervene Drug Use on Duty Drug Abuse, Violating Board Order, Failure to Cooperate with Board Violating Board Order Failure to Maintain Minimal Standards, Unsafe Practice, Failure to Follow Orders Action in Another Jurisdiction Drug Abuse, Alcohol Abuse, Drug Use on Duty Documentation Errors, Drug Use on Duty Misconduct-Boundaries Unsafe Practice, Practicing Beyond Scope (APRN), Writing Illegal RX Alcohol Abuse, Drug Use on Duty Criminal Conviction-Misdemeanor, Alcohol Abuse, Failure to Cooperate with Board Documentation Errors, Failure to Report Violations Revocation Probation Failure to Comply with Requirements of Impaired Nurse Program Alcohol Abuse Failure to Maintain Minimal Standards, Failure to Follow Orders, Practicing Beyond Scope Violating Board Order Suspension Completed Probation Voluntary Surrender Suspension Revocation Revocation Voluntary Surrender Revocation Civil Penalty Failure to Maintain Minimal Standards, Drug Abuse Failure to Cooperate with Board Failure to Maintain Minimal Standards; Drug Diversion Unsafe Practice, Misconduct-Physical Abuse, Drug Abuse Violating Board Order Failure to Comply w/Requirements/Impaired Nurse Program Failure to Comply w/Requirements/Impaired Nurse Program Misconduct-False Documentation Probation Criminal Conviction-Misdemeanor, Alcohol Abuse arizona STATE BOARD OF NURSING REGULATORY JOURNAL RN/LPN DISCIPLINARY ACTION JANUARY-FEBRUARY-MARCH 2007 EFFECTIVE DATE NAME LICENSE DISCIPLINE VIOLATION(S) 2/7/2007 3/7/2007 Decree of Censure License Denied Medication Errors Drug Related, Violating State/Federal Statutes/Rules, Failure to Cooperate with Board Privilege to Practice; Unprofessional Conduct, Drug Use on Duty, Drug Diversion Violating Board Order Criminal Conviction-Misdemeanor Drug Diversion, Violating Board Order Stayed Revocation w/Probation Probation Probation Probation Voluntary Surrender Laskowski, Judith A. Lato, Donald T. 1/24/2007 Lohof, Michelle A. RN128606 RN Endorsement Compact /RN - TX RN132306 LP042834 RN103334 /LP032167 RN116964 1/19/2007 3/26/2007 9/11/2006* 11/15/2006* 2/15/2007 Lopez, Blaine C. Lopez, Mary Frances Luedke, Shea A. Martinez, Janet Matheny, Chad E. LP041505 RN119733 LP028484 LP034177 RN135908 12/27/2006* Lee, Sonja 1/17/2007 Leute, Aimee M. 12/15/2006* Levenson, Brenda L. 1/11/2007 Liston, Stacey D. *Not reported in previous Newsletter Revocation Voluntary Surrender Probation Suspension Stayed Revocation w/Probation 12/29/2006* Mautner, Christopher P. LP037499 2/20/2007 McKeown, Kathy RN037649 2/20/2007 McManamen, Patricia L. RN130038 /AP2096 12/18/2006* McNeil, Beverly R. RN055989 3/9/2007 Meeker, Fred R. RN088392 /LP028775 12/29/2006* Meisse, Linda A. LP037981 2/20/2007 Milan, Suzanne M. LP042988 3/9/2007 Montgomery, Cynthia D. RN100391 Reinstatement Denied Revocation 12/29/2006* Murphy-Wylie, Marney 2/13/2007 Muskus, Mariann F. 1/25/2007 Nichols, Shenna A. LP038788 RN139115 RN125632 Revocation Decree of Censure Probation 3/9/2007 Nolan, Richard L. RN056815 Revocation 8/25/2006* Nopp, Kelly A. LP028917 Court Ordered Revocation RN040222 LP041469 RN030376 Probation Revocation Civil Penalty 1/24/2007 Noriega, Nancy Y. 12/29/2006* Odom, Melissa K. 3/26/2007 Ohaco, Gloria S. 3/1/2007 1/25/2007 Olexsak, Elizabeth D. Ondicho, Judith S. Revocation Stayed Revocation w/Suspension Voluntary Surrender Failure to Cooperate with Board Failure to Comply with Requirements of Impaired Nurse Program Violating Board Order Criminal Conviction-Misdemeanor, Drug Related Drug Abuse, Violating Board Order, Failure to Cooperate with Board Violating Board Order Wastage Errors, Drug Diversion Failure to Maintain Minimal Standards, Failure to Assess, Violating Board Order Drug Use on Duty, Violating Board Order, Failure to Cooperate with Board Failure to Maintain Minimal Standards, Misconduct-Theft – Employer, Drug Diversion Suspension Completed Drug Diversion, Failure to Cooperate with Board Failure to Maintain Minimal Standards, Failure to Intervene, Failure to Supervise Misconduct-Mental Abuse, Misconduct-Verbal Abuse Practicing without License Revocation Civil Penalty Revocation RN081690 LP Endorsement 1/24/2007 Opuroku, Ezekiel Tolu LP036460 12/29/2006* Payne, Kelly J. LP035029 8/28/2006* Phillips, Tammy F. LP023895 3/9/2007 Pietila, Jennifer J. RN083031 12/29/2006* Price, Lisa D. RN135600 3/2/2007 Rademacher, Tracey Ann RN139027 11/15/2006* Randolph, Lakeysha E. RN118845 1/24/2007 Rider, Jennifer D. LP037135 Stayed Revocation w/Suspension Revocation Probation Revocation Revocation Probation Suspension/Indefinite Suspension/Indefinite 2/6/2007 License Denied Rudnick, Ilena M. RN Endorsement Alcohol Abuse, Failure to Comply with Requirements of Impaired Nurse Program Violating Board Order Criminal Conviction-Misdemeanor, Drug Abuse Documentation Errors, Practicing Beyond Scope Criminal Conviction-Misdemeanor, Alcohol Abuse Drug Abuse, Drug Diversion, Failure to Comply with Requirements of Impaired Nurse Program Violating Board Order Drug Abuse, Alcohol Abuse, Inability to Practice Safely Inability to Practice Safely Decree of Censure Civil Penalty Violating Board Order Drug Abuse, Drug Use on Duty, Failure to Cooperate with Board Drug Abuse Criminal Conviction-Misdemeanor, Action in Another Jurisdiction Failure to Comply w/Requirements/Impaired Nurse Program Unsafe Practice, Drug Use on Duty Inability to Practice Safely-Physical, Violating Board Order Failure to Follow Orders, Documentation Errors, Medication Errors Inappropriate Delegation, Violating Board Order arizona STATE BOARD OF NURSING REGULATORY JOURNAL 33 *Not reported in previous Newsletter RN/LPN DISCIPLINARY ACTION JANUARY-FEBRUARY-MARCH 2007 EFFECTIVE DATE NAME LICENSE 3/3/2007 Scarce, Sandra S. RN114468 DISCIPLINE Probation 3/9/2007 1/25/2007 2/28/2007 3/26/2007 Schulz, Edward Shepherd, Gail L. (Skip) Sherrod, Christina G. Shimp, Mona Lisa LP031215 RN068928 LP006127 LP041393 Revocation Stayed Revocation w/Probation Voluntary Surrender Stayed Revocation w/Probation 1/23/2007 3/19/07 Siegle, Jennifer L. Simms, Sonja Voluntary Surrender Decree of Censure 1/24/2007 3/2/2007 Smith, Elizabeth A. Sorensen, Linda I. RN120330 RN094465 /LP030296 RN130040 RN Endorsement RN087488 LP041089 3/12/2007 Struse, Marilyn J. 11/15/2006* Taylor, Cynthia K. 12/29/2006* Torres, Olivia 1/9/2007 Ulibarri, Sherri 1/24/2007 Vergili, Frank M. 3/9/2007 Vincent, Joseph B. 3/9/2007 1/16/2007 Wenham, Christa A. White, Patricia A. 9/1/2006* Wilson, Lora L. 1/4/2007 Winscher, Melissa Sue 12/27/2006* Wiseman, Gary 3/9/2007 Young, Leticia 12/30/2006* Zaczkowski-Beliveau, Anne M. Civil Penalty License Denied Revocation Probation VIOLATION(S) Failure to Maintain Minimal Standards, Failure to Follow Orders, Practicing Beyond Scope Drug Abuse, Drug Diversion, Misconduct-Physical Abuse Documentation Errors, Misconduct-False Documentation Unsafe Practice, Medication Errors, Inability to Practice Safely Failure to Maintain Minimal Standards, Failure to Follow Orders, Unprofessional Conduct Failure to Comply with Requirements of Impaired Nurse Program Failure to Supervise Failure to Maintain Minimal Standards, Documentation Errors Failure to Maintain Minimal Standards, Drug Use on Duty, Inability to Practice Safely Violating Board Order Medication Errors, Failure to Maintain Minimal Standards, Failure to Follow Orders Violating Board Order Stayed Revocation Indefinite Suspension Cleared Sexual Language, Violating Board Order LP019024 RN058001 RN099822 /LP020942 LP030829 Revocation Stayed Revocation w/Probation Stayed Suspension w/Probation LP030510 RN097209 /AP1776 LP032031 Revocation Stayed Suspension w/Probation RN088442 LP042833 RN117484 /LP036088 RN105757 Voluntary Surrender Probation Revocation Criminal Conviction-Misdemeanor, Failure to Maintain Minimal Standards Drug Abuse, Alcohol Abuse, Fraud, Deceit Criminal Conviction-Misdemeanor, Alcohol Abuse Violating Board Order Probation Failure to Maintain Minimal Standards Revocation Revocation Failure to Maintain Minimal Standards, Failure to Follow Orders, Violating State/Federal Statutes/Rules Failure to Comply with Requirements/ of Impaired Nurse Program Alcohol Abuse, Violating Board Order RN-LPN Discipline ACTION CLEARED EFFECTIVE DATE 1/24/2007 2/17/2007 1/24/2007 3/26/2007 1/24/2007 3/6/2007 3/29/2007 3/26/2007 1/24/2007 2/7/2007 1/24/2007 12/20/2006* 3/26/2007 1/24/2007 1/24/2007 2/26/2007 34 NAME Baker, Myriah Carsten Dominguez, Rose Mary Dowell, Barry W. Dubravcic, Phillip C. Garrison, Angela M. Hilger, Martin C. McMillan, Susan E. Nelson, Janice W. Norris, Denise K. Pine, Becky L. Ramirez, Gerardo Ruelas, Gregory M. Scott, Lynda G. Stokes, Stacy L. Voss, William C. Weber, Judith L. LICENSE RN054257/LP016911 RN045549 RN133079/LP032769 RN139303/LP041460 RN132767 RN065753/LP019491 RN097099 RN045858 RN049315 RN094383 RN134500/LP035232 LP038600 RN118455 RN117723 RN036688 RN073739 arizona STATE BOARD OF NURSING REGULATORY JOURNAL JANUARY-FEBRUARY-MARCH 2007 NCSBN Recruiting for: NCLEX® Examination Item Development NCSBN Depends on practicing nurses to assist in the NCLEX® item Development process. Panel members travel to Chicago (all expenses paid) to write or review test items for the NCLEX examination. On site training is provided. As an NCLEX panel member you not only have the opportunity to earn contact hours, but also to network with your nursing colleagues on a national level. To qualify, you must be a registered nurse (RN) or a licensed practical/vocation nurse (LPN/VN) in the jurisdiction where you practice. Specific requirements for the volunteer panels also include: • Item writers must be an RN or LPN/VN for the NCLEX PN® exam and an RN with a masters degree or higher for the NCLEX RN® exam; and be responsible for teaching basic/undergraduate students in the clinical area. • Item Reviewers must be an RN or LPN/VN for the NCLEX PN exam and an RN for the NCLEX RN exam; and currently employed in a clinical setting, working directly with nurses who have entered practice within the last 12 months. Panels are held throughout the year. This is your opportunity to contribute to the continued excellence of the nursing profession. You can apply today online at www.ncsbn.org. At the homepage in the far left column under Testing Services Announcements you will see the link for the Item Development On-line Application. Thank you. arizona STATE BOARD OF NURSING REGULATORY JOURNAL 35 NOTICE TO PERSONS USING CNS TITLE PAMELA RANDOLPH RN, MS ASSOCIATE DIRECTOR/EDUCATION AND EVIDENCE BASED REGULATION There may be persons that are incorrectly being titled or using the title “CNS” and “Clinical Nurse Specialist”. In a rulemaking (R419-510) effective November 13, 2005, “… a person shall not practice as a …clinical nurse specialist, or use any words or letters to indicate the person is a … clinical nurse specialist unless certified by the Board.” Qualifications for Board certification of Clinical Nurse Specialists include completion of a CNS program and national certification as a Clinical Nurse Specialist in a recognized specialty. Recognized specialty exams and certifying agencies for CNS are: American Association of Critical Care Nurses a. Adult Critical Care CNS b. Pediatric Critical Care CNS c. Neonatal Critical Care CNS American Nurses Credentialing Center a. Adult Psych/Mental Health Going Across the Lifespan CNS b. Child/Adolescent Psych and Mental Health CNS c. Community Health CNS d. Gerontological CNS e. Home health CNS (retiring exam in Oct. 05) f. Adult Health CNS (changed from Medical-Surgical CNS) g. Pediatric CNS Persons who are not certified by the Arizona State Board of Nursing and who are currently using the Clinical Nurse Specialist or CNS title should discontinue as soon as possible. This may mean changing business cards, name plates, and name pins. The unauthorized use of a protected title may cause confusion on the part of the public, other nurses, and other disciplines and may subject the nurse to a charge of unprofessional conduct. 36 arizona STATE BOARD OF NURSING REGULATORY JOURNAL Arizona State Board of Nursing Presents The Fifth Annual CNA Educators Retreat Friday, January 11, 2008 Exciting New Venue Guest Speaker and Presentations by the AZBN Executive Panel For Information Please Call Or Visit Our Website At 602-889-5150, 602-889-5187 www.azbn.gov arizona STATE BOARD OF NURSING REGULATORY JOURNAL 37 EDUCATION CONSULTANT POSITION OPEN There is an opening at the Arizona State Board of Nursing for a full-time education consultant. The position will involve conducting surveys and providing education and consultation to nursing assistant, LPN and RN programs. Requirements include a master’s degree in nursing or education with a bachelor’s degree in nursing and extensive experience in nursing education. The successful candidate will have excellent written and oral communication skills, knowledge of the nurse practice act, and effective time management. The position requires frequent travel within the state. For more information, please contact Pamela Randolph RN, MS, Associate Director of Education and Evidence-based Regulation at 602889-5209 or prandolph@azbn.gov 38 arizona STATE BOARD OF NURSING REGULATORY JOURNAL