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BEFORE THE ARIZONA BOARD

OF BEHAVIORAL HEALTH EXAMINERS

In the Matter of:

JANET CARPENTIER,L1SAC-1 047'5, Ucensed Independent Substance Abuse Counselor, INTERIM CONSENT AGREEMENT In the State of Arizona.

Respondent

In the interest of a prompt and speedy settlement of the above captioned matter,

consistent with the public interest, statutory lequirements and responsibilities of the Arizon

State Board of Behavioral Health Examiners ("Board"), and pursuant to ARS. §§ 32-3281(H

and 41-1092.07(F)(5), Janet Carpentier ("Respondent") and the Board enter into this Interi

Consent Agreement, Findings of Fact, Conclusions of Law and Order ("Interim Consen

Agreement") as an interim disposition of this matter.

RECITALS

Respondent understands and agfl3es that:

1. The Board may adopt this Interim Consent Agreement, or any part thereof, pursuan

to AR.S. § 32-3251 et seq. and ARS. § 41-1092.07(F)(5).

2. Respondent has read and underst~nds this Interim Consent Agreement as set fort

herein, and has had the opportunity to discuss this Interim Consent Agreement with an attorne

or has waived the opportunity to discuss this Interim Consent Agreement with an attorney.

Respondent voluntarily enters into this Interim Consent Agreement and by doing so agrees no

to practice as an independent substance abuse counselor in Arizona until after she receives th

Board's affirmatwe approval to resume practicing.

3. By entering into this Interim Consent Agreement, Respondent freely and voluntaril

relinquishes all rights to an administrative hearing on the matters set forth herein, as well as at

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rights of rehearing, review, reconsideration, appeal, judicial review or any otMer administrativ

and/or judicial action, concerning the matters as set forth herein.

4. Respondent understands thc!t this Interim Consent Agreement does not constitute

dismissal or resolution of any matters that may be currently pending before the Board and doe

not constitute any waiver, express or implied, of the Board's statutory authority or jurisdictio

regarding any other pending or future investigations, actions, or proceedings. Respondent als

understands that acceptance of this In,:erim Consent Agreement does not preclude any othe

agency, subdivision, or officer of this State from instituting civil or criminal proceedings wit

respect to the conduct that is the subject of this Interim Consent Agreement. Respondent doe

not intend her acceptance of this Interim Consent Agreement to constitute an admission of an

fact or facts and she enters into this agreement as an interim compromise of a pending matter.

5. Respondent acknowledges and agrees that upon signing this Interim Consen

Agreement and returning it to the Board's Executive Director, Respondent may not revoke he

acceptance of this Interim Consent AgreE~ment or make any modifications to it. Any modificatio

of this original document is ineffective and void unless mutually approved by the parties i

writing.

6. Respondent understands that this Interim Consent Agreement shall not becom

effective unless and until it is adopted by ':he Board and signed by its Executive Director.

7. Respondent understands and agrees that if the Board does not adopt this Interi

Consent Agreement, she will not assert in any future proceedings that the Board's consideratio

of this Interim Consent A~ireement constitutes bias, prejudice, prejudgment, or other simila

defense.

8. Respondent understands that this Interim Consent Agreement is a public record tha

may be publicly disseminated as a formal action of the Board, and that it shall be reported a

required by law to the National Practiioner. Data Bank and the Healthcare Integrity an

Protection Data Bank. -2­

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9. Respondent understands that this Interim Consent Agreement does not alleviate he

responsibility to comply with the applicable license-renewal statutes and rules. If this Interi

Consent Agreement remains in effect at the time Respondent's behavioral health license come·

up for renewal she must renew her license if Respondent wishes to retain her license.

Respondent elects not to renew her Ii:ense as prescribed by statute and rule, Respondent'

license will not expire but rather, by operation of law (AR.S. § 32-3202), remain suspended unti

the Board takes final action in this matter. Once the Board takes final action, in order fo

Respondent to be licensed in the futun~, she must submit a new application for licensure an

meet all of the requirements set forth in ':he statutes and rules at that time.

l

10. Respondent understands tilat any violation of this Interim Consent Agreemen

constitutes unprofessional conduct under AR.S. § 32-3251 (12)(n), violating a formal order,

consent agreement, term of probation or stipulated agreement, and may result in disciplina

action under AR.S.§ 32-3281.

INTERIM FINDINGS OF FACT

1. The Board is the duly constituted authority for licensing and regulating the practice 0

substance abuse in the State of Arizona.

2. Respondent is the holder of License No. LlSAC-:-10475.

3. On 03/16/11, Respondent caused a five car injury collision.

4. On 03/16/11, Respondent was arrested and charged with the follo'wing crimina

charges:

a. AR.S. 28-1381 (A)(1) DUI-Impaired to the slightest degree.

b. AR.S. 28-1381 (A) (3) DUI-[)rugs or metabolite.

c. AR.S. 28-693(A) Reckless Driving.

d. AR.S. 28-701 (A) Speed gr'3ater than reasonable and prudent.

e. AR.S. 28-729.1 Fail to drivl3 in a single lane.

f. AR.S. 28-701(A) Failure to control speed to avoid a collision. -3­

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5. On 04/05/11, Respondent n()tified the Board of her charges in writing.

6. A preliminary review of Ms. Carpentier's pharmacy records revealed that from 04/0

to 01/09, Ms. Carpentier filled Hydrocodone prescriptions at 3 different pharmacies for a total 0

413 tablets, with the Hydrocodone ranging from 5mg/500mg tablets to 10mg/325mg pe

prescription.

7. A review of Ms. Carpentier's 03/16/11 blood alcohol analysis provided by th

Scottsdale Police Department indicated that Ms. Carpentier's blood alcohol content was 0.047°1c

approximately 3 hours after her accident

8. A review of Ms. Carpentier's 03/16/11 drug analysis report provided by the Scottsdal

i Police Department indicated that Ms. Carpentier had the following drugs in her system at th

time of her arrest:

a. Diazepam

b. Nordiazepam

c. Temazepam

d. Oxazepam

e. Alprazolam

f. Meprobamate

9. Ms. Carpentier currently practices as a substance abuse counselor at Gila Rive

Indian Community.

INTERIM CONCLUSIONS OF LAW

1. The Board possesses subject matter and personal jurisdiction over Responden

pursuant to A.R.S. § 32-3251 et seq.

2. The Board is authorized to enter into an interim consent agreement with a

independent substance abuse counselor to limit or restrict the professional's practice in order t

protect the public and ensure that the professional is able to safely engage in the practice 0

substance abuse A.R.S. § 32-3281. -4­

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INTERIM ORDER

Based on the Interim Findings of Fact and Interim Conclusions of Law, and pursuant t

the authority granted to the Board under AR.S. § 32-3281:

IT IS HEREBY ORDERED that Respondent shall not practice under her license unti

such time as she submits a written requE~st for the reinstatement of her license to the Board an

the Board affirmatively approves Respondent's request for reinstatement. The Board may, in it

discretion, require any combination of staff-approved physical, psychiatric, or psychologica

examinations, or other types of examinations, evaluations or interviews it believes

necessary to assist the Board in determining whether Respondent is able to safely an )

competently return to the practice of substance abuse. The Board's affirmative approval t

permit Respondent to return to practicing under her license shall not preclude the Board fro

taking any other action it deems appropriate based upon the conduct set forth in the Interi

Findings of Fact.

Respondent's agreement not to practice under License No. LlSAC-10475 will

considered an interim suspension of her license.

PROFESSIONAL ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT

[-/0--/3 Date

BOARD ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT

~"" .........':1' ,2013.Dated this I fit, day of /

. /7)J~~By: DEBRA RINAUDO, Executive Director . Arizona Board of Behavioral Health Examiners

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ORIGINAL of the foregoing filed This 1'(-fS day of "'3": .... ~ '" ~ '1 ,2013, with:

Arizona Board of Behavioral Health Examiners 3443 N. Central Ave., Suite 1700 Phoenix, AZ 85012

COPY of the foregoing mailed vfa Certified mail no. t0t L IG if {l ,;J clO ( 0/ 7 'I{ This 1 S" *~ay of .J;c~~"-7

1710 ' 2013, to:

Janet Carpentier Address of Record Respondent

Larry Cohen, Esq. The Cohen Law Firm P.O. Box 10056 Phoenix, Arizona 85064 Attorney for Respondent

Tobi Zavala, Compliance Officer 602-542-1617

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