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of 3 - Final Order of Suspension by Default; 19-00164

BEFORE THE OREGON

STATE BOARD OF NURSING

)

In the Matter of ) FINAL ORDER OF SUSPENSION

Concepcion Armstrong, CNA ) BY DEFAULT

)

)

Certificate No. 201608916CNA ) Reference No. 19-00164

The Oregon State Board of Nursing (Board) is the state agency responsible for licensing,

regulating and disciplining certain health care providers, including Certified Nursing

Assistants. Concepcion Armstrong (Certificate Holder) was issued a Certified Nursing

Assistant Certificate by the Board on November 01, 2016.

This matter was considered by the Board at its meeting on June 12, 2019.

On April 17, 2019, a Notice stating that the Board intended to Suspend the Certified Nursing

Assistant Certificate of Concepcion Armstrong was sent to Certificate Holder via certified and

first-class mail to the address of record.

The Notice alleged that Certificate Holder failed to respond Board staff in regard to allegations

of leaving and failing to complete her nursing assistant assignment without appropriate

coverage.

The Notice granted Certificate Holder an opportunity for hearing if requested within twenty

(20) days of the mailing of the Notice. No such request for hearing has been received by the

Board. The Notice designated the Board’s file on this matter as the record for purposes of

default.

NOW THEREFORE, after consideration of its records and files related to this matter, the

Board enters the following Order:

-I-

FINDINGS OF FACT

Based on the evidence submitted through the Notice and the agency file in this case, the Board

finds the following:

1. Certificate Holder was issued a Certified Nursing Assistant Certificate in the state of

Oregon on November 01, 2016.

2. On or about August 3, 2018, Certificate Holder was reported to the Board for allegedly

leaving her duties as a nursing assistant without coverage on July 29, 2018.

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3. On November 19, 2018, Board staff mailed a letter to Certificate Holder’s address of

record requesting that Certificate Holder schedule an interview to discuss the

allegations. Certificate Holder was further instructed to send a written statement

regarding the allegations and a current work history. Certificate Holder failed to

schedule an interview and did not provide any documents to the Board.

4. On April 08, 2019, a second letter was sent to Certificate Holder’s address of record

requesting that Certificate Holder contact the Board within five (5) business days to

schedule an interview to discuss the allegations. Certificate Holder was also asked to

send a written statement regarding the allegations and provide a current work history.

Certificate Holder failed to schedule an interview and did not provide any documents to

the Board.

5. On April 17, 2019, Board staff mailed a Notice of Proposed Suspension to Certificate

Holder via first-class and certified mail. The Notice granted Certificate Holder twenty

(20) days from the date of the mailing of the Notice to request a hearing. The Notice

also designated that the agency file would be the record for purposes of default.

-II-

CONCLUSIONS OF LAW

1. That the Board has jurisdiction over the Certificate Holder, Concepcion Armstrong,

and over the subject matter of this proceeding.

2. That Certificate Holder’s conduct is in violation of ORS 678.442 (2)(f) and OAR 851-

063-0090 (10)(a)(c), which read as follows:

ORS 678.442(2)(f) Certification of nursing assistants; rules.

(2) In the manner prescribed in ORS chapter 183, the board may revoke or suspend a

certificate issued under this section or may reprimand a nursing assistant for the following

reasons:

(f) Conduct unbecoming a nursing assistant in the performance of duties.

OAR 851-063-0090(10)(a)(c) Conduct Unbecoming a Nursing Assistant:

A CNA, regardless of job location, responsibilities, or use of the title “CNA," whose behavior

fails to conform to the legal standard and accepted standards of the nursing assistant

profession, or who may adversely affect the health, safety or welfare of the public, may be

found guilty of conduct unbecoming a nursing assistant. Such conduct includes but is not

limited to:

(10) Conduct related to the certificate holder's relationship with the Board:

(a) Failing to fully cooperate with the Board during the course of an investigation, including

but not limited to waiver of confidentiality, except attorney-client privilege.

(c) Failing to provide the Board with any documents requested by the Board

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3. That Certificate Holder defaulted on the Notice by not requesting a hearing within the

allotted twenty (20) days and, as a result, pursuant to ORS 183.417(3), the Board may

enter a Final Order by Default.

-III-

ORDER

Based on the foregoing Findings of Fact and Conclusions of Law, and the Board being fully

advised in the premises, it is hereby:

ORDERED that the Certified Nursing Assistant Certificate of Concepcion Armstrong is

SUSPENDED for a minimum of 14 days, commencing five business days from the date this

Order is signed.

DATED this 12th day of June, 2019

FOR THE BOARD OF NURSING OF THE STATE OF OREGON

_______________________________

Barbara Turnipseed, RN

Board President

TO: CONCEPCION ARMSTRONG:

You may file a petition for reconsideration or rehearing of this Order. Reconsideration or

rehearing may be obtained by filing a petition with the Board of Nursing within (sixty) 60 days

from the service of this Order. Your petition shall set forth the specific grounds for

reconsideration. Reconsideration or rehearing is pursuant to the provisions in ORS 183.482.

As an alternative to filing a Petition for Reconsideration of this Order, you are entitled to

judicial review of this Order. Judicial review may be obtained by filing a petition with the

Oregon Court of Appeals for review within sixty (60) days from the date of service of this

Order. Judicial review is pursuant to the provisions of ORS 183.482.

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Page 1 of 5 - Stipulated Order for Probation; 19-00757

BEFORE THE OREGON


In the Matter of ) STIPULATED ORDER FOR

Vadra Bezner, CNA ) PROBATION

)

Certificate No. N/A ) Reference No. 19-00757


regulating and disciplining certain health care providers, including Certificate Holders. Vadra

Bezner (Applicant) applied for a Certified Nursing Assistant certificate by the Oregon State

Board of Nursing (Board) on December 14, 2018.

In December 2018, the Oregon State Board of Nursing (Board) received a completed Nursing

Assistant Certificate application from Applicant on which she disclosed her arrests for DUII

and a diagnosis which meets the criteria for monitoring by the Board. Applicant also failed to

disclose all of her criminal history.

By the above actions, Applicant is subject to discipline pursuant to ORS 678.442(2)(a)(c)(d)

and OAR 851-062-0030(2) which read as follows:

ORS 678.442 Certification of nursing assistants; rules.



reasons:

(a) Conviction of the certificate holder of a crime where such crime bears demonstrable

relationship to the duties of a nursing assistant. A copy of the record of such conviction,

certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the

conviction.

(c) Impairment as defined in ORS 676.303

(d) Violation of any provisions of ORS 678.010 to 678.445 or rules adopted thereunder.

OAR 851-062-0030 Limits on Eligibility for Certification

(2) If an applicant has been arrested, charged or convicted of any criminal offense, a

determination shall then be made as to whether the arrest, charge or conviction bears a

demonstrable relationship to the performance of nursing assistant duties, in which case

certification may be denied.

Applicant admits that the above allegations occurred and constitute violations of the Nurse

Practice Act. Applicant wishes to cooperate with the Board in resolving the present

disciplinary matter. The following will be proposed to the Oregon State Board of Nursing and

is agreed to by Applicant:

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That the Certified Nursing Assistant certificate of Vadra Bezner (hereinafter “Certificate

Holder”) be placed on Probation. Certificate Holder’s compliance with this agreement will be

monitored by the Oregon State Board of Nursing from date of signature on the Stipulated

Order. Certificate Holder must complete a twenty-four (24) month period of probation to

begin upon Certificate Holder’s return to performing the duties at the level of a Certified

Nursing Assistant. Certificate Holder must practice a minimum of sixteen (16) hours per week

and no more than one (1.0) FTE in a setting where Certificate Holder is able to exercise the

full extent of scope of duties in order to demonstrate whether or not Certificate Holder is

competent. Limited overtime may be approved on occasion.

Certificate Holder shall comply with the following terms and conditions of probation:

1) Certificate Holder shall not violate the Nurse Practice Act (ORS 678) or the rules adopted

thereunder.

2) Certificate Holder shall have thirty-six (36) months from Board’s acceptance of this

Stipulated Order to complete twenty-four (24) months of monitored practice.

3) Certificate Holder shall notify Board staff, in writing, prior to any change of address or

employment setting during the probation period.

4) Certificate Holder shall maintain an active certificate.

5) Certificate Holder shall inform Board staff in advance of any absences from Oregon and/or

any move from Oregon to another licensing jurisdiction. If Certificate Holder leaves the state

and is unable to work in the state of Oregon, Certificate Holder’s probationary status will be

re-evaluated.

6) Certificate Holder shall appear in person or by phone, to designated Board staff for

interviews on a monthly basis during the probationary period. Frequency of contact may be

reviewed and revised periodically at the discretion of Board staff.

7) Certificate Holder shall notify Board staff of any citations, arrests, or convictions for any

offense, whether felony, misdemeanor, violation, or citation within seven (7) days of the

occurrence.

8) Certificate Holder will not look for, accept, or begin a new nursing assistant position

without prior approval of the Board. This includes changes of the employer itself or changes

within the facility or institution.

9) Certificate Holder shall inform current and prospective employers of the probationary status

of Certificate Holder’s certification, the reasons for probation, and terms and conditions of

probation. If there is a Nurse Executive, that person is to be informed of Certificate Holder's

probationary status. The Nurse Executive will receive a copy of the Stipulated Order for

Probation when Certificate Holder is employed.

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10) Certificate Holder shall work under the direct observation of another licensed healthcare

professional, functioning at a higher level of licensure who is aware that the individual is on

probation, who is working in the same physical location (e.g. clinic, unit, building, etc.), is

readily available to observe Certificate Holder’s work and provide assistance and who has

taken the required Board approved Monitor/Supervisor training. Certificate Holder shall be

employed in a setting where Certificate Holder’s supervisor agrees to submit written

evaluations of work performance (on forms provided by the Board) every three (3) months

during the probationary period. The quarterly evaluation is expected to be received by Board

staff within ten (10) days of the due date. If the evaluation is not timely received, Board staff

will contact the employer with a reminder. If Board staff is not in receipt of the report within

five (5) business days from the reminder date, Certificate Holder may be restricted from

performing the duties of a nursing assistant.

11) Between quarterly reporting periods, the Nurse Executive or a person designated by

Certificate Holder’s employer shall inform Board staff of any instance of Certificate Holder’s

non-compliance with the terms and conditions of this Stipulated Order or of any other concern

there may be regarding Certificate Holder’s work-related conduct or personal behavior that

may affect Certificate Holder’s ability to perform the duties of a nursing assistant.

12) Certificate Holder shall notify Board staff when there is a change in status of employment,

including resignations and terminations.

13) Certificate Holder shall not work in any work setting when on-site monitoring is not

available. This generally includes home health agencies, traveling agencies, float pools,

temporary agencies, assisted living facilities, adult foster care, independent consulting

contracts, home hospice, and night shifts outside of acute care settings.

14) Certificate Holder shall not be approved for enrollment in clinical practicum hours for the

purpose of obtaining an additional degree or license.

15) Certificate Holder shall participate in and comply with any treatment recommendations set

forth by a third party evaluator approved by the Board. Within fourteen (14) days of

completing treatment, Certificate Holder shall submit to Board staff a copy Certificate

Holder’s completion certificate or discharge summary. Certificate Holder shall attend

Narcotics Anonymous (NA), Alcoholics Anonymous (AA) or similar recovery program on a

weekly basis and provide proof of attendance to Board staff. Certificate Holder shall sign any

release of information necessary to allow Board staff to communicate with Certificate Holder’s

treatment provider and release Certificate Holder’s treatment records to the Board.

16) Certificate Holder shall participate in the Board’s random urine drug testing program.

Failure to comply with random urine or any other requested drug test shall result in Certificate

Holder’s immediate removal from working as a nursing assistant Certificate Holder shall

submit to observed tests to determine the presence of unauthorized substances immediately

upon request by Board staff or Certificate Holder’s employer. Certificate Holder shall sign

any release of information necessary to ensure the Board will receive the results of such

testing. The presence of unauthorized substances may be considered a violation of the terms

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and conditions of this Stipulated Order. Upon request of Board staff, Certificate Holder shall

obtain an evaluation by a Board approved chemical abuse or dependence evaluator. Certificate

Holder understands that Certificate Holder is financially responsible for any and all costs

related to testing and evaluating. Certificate Holder’s failure to maintain an account in good

standing with the Board’s laboratory vendor may be considered a violation of this Stipulated

Order.

17) Certificate Holder shall abstain from the use of intoxicating, mind altering, or potentially

addictive drugs, both over-the-counter and prescription drugs, and alcohol while participating

in the Board’s random urine drug testing program, except as provided in Section 18 below.

Certificate Holder shall avoid any over the counter products and food items containing alcohol,

marijuana and poppy seeds.

18) Certificate Holder may take medication for a documented medical condition, provided that

Certificate Holder obtains such medication only by a legal prescription written by a person

authorized by law to write such a prescription. Certificate Holder will notify Board staff

within 72 hours in the event Certificate Holder is prescribed such medication, and shall sign a

release of information authorizing the prescribing person to communicate with Board staff

about Certificate Holder’s medical condition. Certificate Holder shall produce the medical

records pertaining to the medical condition and medication use. Certificate Holder will discard

any unused prescription medications when it is no longer needed or expired.

19) Certificate Holder shall cease performing the duties of a nursing assistant upon the

occurrence of a relapse, or at the request of Board staff because of a relapse or relapse

behavior. The performance of nursing assistant duties may resume only when approved in

writing by Board staff, in consultation with Certificate Holder’s employer.

20) Certificate Holder shall notify any and all healthcare providers of the nature of Certificate

Holder’s chemical dependency to ensure that Certificate Holder’s health history is complete

before receiving any treatment, including medical and dental. Certificate Holder shall provide

Board staff with the names and contact information of any and all health care providers.

Certificate Holder shall sign any release of information necessary to allow Board staff to

communicate with Certificate Holder’s healthcare providers and release Certificate Holder’s

medical and treatment records to the Board. Certificate Holder is financially responsible for

any costs incurred for compliance with the terms and conditions of this Stipulated Order.

21) Certificate Holder shall notify Board staff at least three (3) business days prior to leaving

town or going on vacation, with the exception of a family emergency.

22) Certificate Holder shall cooperate fully with Board staff in the supervision and

investigation of Certificate Holder’s compliance with the terms and conditions of this

Stipulated Order.

Certificate Holder understands that the conduct resulting in the violations of law described in

this Stipulated Order are considered by the Board to be of a grave nature and, if continued,

constitutes a serious danger to public health and safety.

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Certificate Holder understands that in the event Certificate Holder engages in future conduct

resulting in violations of the terms of this Stipulated Order and/or the Nurse Practice Act, the

Board may take further disciplinary action against Certificate Holder’s certificate, up to and

including revocation of Certificate Holder’s certification to perform the duties of a Certificate

Holder.

Certificate Holder understands that this Stipulated Order will be submitted to the Board of

Nursing for its approval and is subject to the Board's confirmation.

Certificate Holder understands that by signing this Stipulated Order, Certificate Holder waives

the right to an administrative hearing under ORS 183.310 to 183.540. Certificate Holder

acknowledges that no promises, representations, duress or coercion have been used to induce

Certificate Holder to sign this Stipulated Order.

Certificate Holder understands that this Stipulated Order is a document of public record.

Certificate Holder has read this Stipulated Order, understands this Stipulated Order

completely, and freely signs this Stipulated Order.

IT IS SO AGREED:

Vadra Bezner Date

ORDER

IT IS SO ORDERED:

BOARD OF NURSING FOR THE STATE OF OREGON


Board President

Date

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BEFORE THE OREGON



Todd Boone, CNA ) PROBATION

)




Assistants. Todd Boone (CNA) was issued a Nursing Assistant certificate by the Oregon State

Board of Nursing (Board) on October 22, 2013.

On or about April 17, 2018, the Board received information that CNA was arrested for a DUII

on February 23, 2018. CNA had also been arrested for DUII’s on August 28, 1987 and

January 28, 2002. The Board opened an investigation.

On August 15, 2018, CNA’s Nursing Assistant certificate was suspended for failure to

cooperate with the Board during the course of an investigation.

On or about April 17, 2019, CNA successfully completed a court-ordered substance use

treatment program.

CNA has a diagnosis which meets the Board’s criteria for monitoring.

By the above actions, CNA is subject to discipline pursuant to ORS 678.442(2)(f) and OAR

851-063-0090(7)(c), which read as follows:

ORS 678.442 Certification of nursing assistants; rules. (1) The Oregon State Board of

Nursing shall establish standards for certifying and shall certify as a nursing assistant any

person who:



reasons:


OAR 851-063-0090 Conduct Unbecoming a Nursing Assistant. A CNA, regardless of job

location, responsibilities, or use of the title “CNA," whose behavior fails to conform to the

legal standard and accepted standards of the nursing assistant profession, or who may

adversely affect the health, safety or welfare of the public, may be found guilty of conduct

unbecoming a nursing assistant. Such conduct includes but is not limited to:

(7) Conduct related to safe performance of authorized duties:

(c) Using a prescription or non-prescription drug, alcohol, or a mind-altering substance to

an extent or in a manner dangerous or injurious to the nursing assistant or others, or to an

extent that such use impairs the ability to perform the authorized duties safely.

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CNA admits that the above allegations occurred and constitute violations of the Nurse Practice

Act. CNA wishes to cooperate with the Board in resolving the present disciplinary matter.

The following will be proposed to the Oregon State Board of Nursing and is agreed to by

CNA:

That the Board end suspension on CNA’s Nursing Assistant certificate and place CNA on

Probation. CNA’s compliance with this agreement will be monitored by the Oregon

State Board of Nursing from date of signature on the Stipulated Order. CNA must

complete a twenty-four (24) month period of probation to begin upon CNA’s return to

performing the duties at the level of a Certified Nursing Assistant. CNA must practice a

minimum of sixteen (16) hours per week and no more than one (1.0) FTE in a setting

where CNA is able to exercise the full extent of scope of duties in order to demonstrate

whether or not CNA is competent. Limited overtime may be approved on occasion.

CNA shall comply with the following terms and conditions of probation:

1) CNA shall not violate the Nurse Practice Act (ORS 678) or the rules adopted thereunder.

2) CNA shall have thirty-six (36) months from Board’s acceptance of this Stipulated Order to

complete twenty-four (24) months of monitored practice.

3) CNA shall notify Board staff, in writing, prior to any change of address or employment

setting during the probation period.

4) CNA shall maintain an active certificate.

5) CNA shall inform Board staff in advance of any absences from Oregon and/or any move

from Oregon to another licensing jurisdiction. If CNA leaves the state and is unable to work in

the state of Oregon, CNA’s probationary status will be re-evaluated.

6) CNA shall appear in person or by phone, to designated Board staff for interviews on a

monthly basis during the probationary period. Frequency of contact may be reviewed and

revised periodically at the discretion of Board staff.

7) CNA shall notify Board staff of any citations, arrests, or convictions for any offense,

whether felony, misdemeanor, violation, or citation within seven (7) days of the occurrence.

8) CNA will not look for, accept, or begin a new nursing assistant position without prior

approval of the Board. This includes changes of the employer itself or changes within the

facility or institution.

9) CNA shall inform current and prospective employers of the probationary status of CNA’s

certification, the reasons for probation, and terms and conditions of probation. If there is a

Nurse Executive, that person is to be informed of CNA's probationary status. The Nurse

Executive will receive a copy of the Stipulated Order for Probation when CNA is employed.

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10) CNA shall work under the direct observation of another licensed healthcare professional,

functioning at a higher level of licensure who is aware that the individual is on probation, who

is working in the same physical location (e.g. clinic, unit, building, etc.), is readily available to

observe CNA’s work and provide assistance and who has taken the required Board approved

Monitor/Supervisor training. CNA shall be employed in a setting where CNA’s supervisor

agrees to submit written evaluations of work performance (on forms provided by the Board)

every three (3) months during the probationary period. The quarterly evaluation is expected to

be received by Board staff within ten (10) days of the due date. If the evaluation is not timely

received, Board staff will contact the employer with a reminder. If Board staff is not in receipt

of the report within five (5) business days from the reminder date, CNA may be restricted from

performing the duties of a nursing assistant.


CNA’s employer shall inform Board staff of any instance of CNA’s non-compliance with the

terms and conditions of this Stipulated Order or of any other concern there may be regarding

CNA’s work-related conduct or personal behavior that may affect CNA’s ability to perform

the duties of a nursing assistant.

12) CNA shall notify Board staff when there is a change in status of employment, including

resignations and terminations.

13) CNA: shall not have access to narcotics and controlled substances, carry the keys to

narcotics storage, or administer narcotics at any time or under any circumstances or until CNA

receives written approval from Board staff.

14) CNA shall not work in any work setting when on-site monitoring is not available. This

generally includes home health agencies, traveling agencies, float pools, temporary agencies,

assisted living facilities, adult foster care, independent consulting contracts, home hospice, and

night shifts outside of acute care settings.

15) CNA shall not be approved for enrollment in clinical practicum hours for the purpose of

obtaining an additional degree or license.

16) CNA shall participate in and comply with any treatment recommendations set forth by a

third party evaluator approved by the Board. Within fourteen (14) days of completing

treatment, CNA shall submit to Board staff a copy CNA’s completion certificate or discharge

summary. CNA shall attend Narcotics Anonymous (NA), Alcoholics Anonymous (AA) or

similar recovery program on a weekly basis and provide proof of attendance to Board staff.

CNA shall sign any release of information necessary to allow Board staff to communicate with

CNA’s treatment provider and release CNA’s treatment records to the Board.

17) CNA shall participate in the Board’s random urine drug testing program. Failure to

comply with random urine or any other requested drug test shall result in CNA’s immediate

removal from working as a nursing assistant CNA shall submit to observed tests to determine

the presence of unauthorized substances immediately upon request by Board staff or CNA’s

employer. CNA shall sign any release of information necessary to ensure the Board will

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receive the results of such testing. The presence of unauthorized substances may be

considered a violation of the terms and conditions of this Stipulated Order. Upon request of

Board staff, CNA shall obtain an evaluation by a Board approved chemical abuse or

dependence evaluator. CNA understands that CNA is financially responsible for any and all

costs related to testing and evaluating. CNA’s failure to maintain an account in good standing

with the Board’s laboratory vendor may be considered a violation of this Stipulated Order.

18) CNA shall abstain from the use of intoxicating, mind altering, or potentially addictive

drugs, both over-the-counter and prescription drugs, and alcohol while participating in the

Board’s random urine drug testing program, except as provided in Section 19 below. CNA

shall avoid any over the counter products and food items containing alcohol, marijuana and

poppy seeds.

19) CNA may take medication for a documented medical condition, provided that CNA

obtains such medication only by a legal prescription written by a person authorized by law to

write such a prescription. CNA will notify Board staff within 72 hours in the event CNA is

prescribed such medication, and shall sign a release of information authorizing the prescribing

person to communicate with Board staff about CNA’s medical condition. CNA shall produce

the medical records pertaining to the medical condition and medication use. CNA will discard

any unused prescription medications when it is no longer needed or expired.

20) CNA shall cease performing the duties of a nursing assistant upon the occurrence of a

relapse, or at the request of Board staff because of a relapse or relapse behavior. The

performance of nursing assistant duties may resume only when approved in writing by Board

staff, in consultation with CNA’s employer.

21) CNA shall notify any and all healthcare providers of the nature of CNA’s chemical

dependency to ensure that CNA’s health history is complete before receiving any treatment,

including medical and dental. CNA shall provide Board staff with the names and contact

information of any and all health care providers. CNA shall sign any release of information

necessary to allow Board staff to communicate with CNA’s healthcare providers and release

CNA’s medical and treatment records to the Board. CNA is financially responsible for any

costs incurred for compliance with the terms and conditions of this Stipulated Order.

22) CNA shall notify Board staff at least three (3) business days prior to leaving town or going

on vacation, with the exception of a family emergency.

23) CNA shall cooperate fully with Board staff in the supervision and investigation of CNA’s

compliance with the terms and conditions of this Stipulated Order.

CNA understands that the conduct resulting in the violations of law described in this Stipulated

Order are considered by the Board to be of a grave nature and, if continued, constitutes a

serious danger to public health and safety.

CNA understands that in the event CNA engages in future conduct resulting in violations of

the terms of this Stipulated Order and/or the Nurse Practice Act, the Board may take further

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disciplinary action against CNA’s certificate, up to and including revocation of CNA’s

certification to perform the duties of a nursing assistant.

CNA understands that this Stipulated Order will be submitted to the Board of Nursing for its

approval and is subject to the Board's confirmation.

CNA understands that by signing this Stipulated Order, CNA waives the right to an

administrative hearing under ORS 183.310 to 183.540. CNA acknowledges that no promises,

representations, duress or coercion have been used to induce CNA to sign this Stipulated

Order.

CNA understands that this Stipulated Order is a document of public record.

CNA has read this Stipulated Order, understands this Stipulated Order completely, and freely

signs this Stipulated Order.

IT IS SO AGREED:

Todd Boone, CNA Date

ORDER

IT IS SO ORDERED:



Board President

Date

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Page 1 of 3 - Stipulated Order for Voluntary Surrender; 17-01523

BEFORE THE OREGON



Jered Brannan, LPN ) VOLUNTARY SURRENDER

)

License No. 201230287LPN ) Reference No. 17-01523


regulating and disciplining certain health care providers, including Licensed Practical Nurses.

Jered Brannan (Licensee) was issued a Practical Nurse license by the Board on June 20, 2012.

On or about September 21, 2013, Licensee was arrested and subsequently charged with

Attempted Unlawful Imprisonment (Domestic Violence) and Possession of Dangerous

Weapon in Washington State. The criminal charges were ultimately dismissed following

Licensee’s successful completion of a court-ordered diversion program.

On or about July 8, 2016, Licensee was arrested and subsequently charged with Unlawful

Imprisonment (Domestic Violence) and Assault in the Fourth Degree (Domestic Violence) in

Washington State. Licensee admitted to the 2016 crimes in court and the criminal charges

were ultimately dismissed following Licensee’s successful completion of a court-ordered

diversion program.

In December 2016, Licensee submitted a renewal application to the Board on which the Board

alleges he untruthfully answered “No” to the question: “Since the date of your last renewal,

have you been part of an investigation for any type of abuse or mistreatment, in any state or

jurisdiction? Include any pending investigations.” In September 2016, the Oregon Department

of Human Services (DHS) was actively conducting an employment related criminal history

records check regarding an employment as a care provider. DHS ultimately issued a denial of

permission for Licensee to be employed at the position in question.

By the above alleged actions, Licensee is subject to discipline pursuant to ORS

678.111(1)(c)(f)(g) and OAR 851-045-0070(6)(e), (7)(b) which provide as follows:

ORS 678.111 Causes for denial, revocation or suspension of license or probation,

reprimand or censure of licensee. In the manner prescribed in ORS chapter 183 for a

contested case:

(1) Issuance of the license to practice nursing, whether by examination or by indorsement, of

any person may be refused or the license may be revoked or suspended or the licensee may be

placed on probation for a period specified by the Oregon State Board of Nursing and subject to

such condition as the board may impose or may be issued a limited license or may be

reprimanded or censured by the board, for any of the following causes:

(c) Any willful fraud or misrepresentation in applying for or procuring a license or renewal

thereof.

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(f) Conduct derogatory to the standards of nursing

(g) Violations of any provisions of ORS 678.010 to 678.448 or rules adopted thereunder.

OAR 851-045-0070 Conduct Derogatory to the Standards of Nursing Defined

Nurses, regardless of role, whose behavior fails to conform to the legal standard and accepted

standards of the nursing profession, or who may adversely affect the health, safety, and

welfare of the public, may be found guilty of conduct derogatory to the standards of nursing.

Such conduct shall include, but is not limited to, the following:

(6) Conduct related to licensure or certification violations:

(e) Resorting to fraud, misrepresentation, or deceit during the application process for licensure

or certification, while taking the examination for licensure or certification, while obtaining

initial licensure or certification or renewal of licensure or certification.

(7) Conduct related to the licensee’s relationship with the Board:

(b) Failing to answer truthfully and completely any question asked by the Board on an

application for licensure or during the course of an investigation or any other question asked

by the Board.

Licensee does not admit or deny the above allegation; however, they wish to cooperate with

the Board in this matter and voluntarily surrender their Practical Nurse license. Therefore, the

following will be proposed to the Oregon State Board of Nursing and is agreed to by Licensee:

That the voluntary surrender of the Practical Nurse license of Jered Brannan be

accepted. If, after a minimum of three years, Licensee wishes to reinstate their Practical

Nurse license, they may submit an application to the Board to request reinstatement

pursuant to OAR 851-001-0015 which provides as follows:

OAR 851-001-0015 Petition for Reinstatement

A licensee or certificate holder whose license or certificate has been revoked or who

voluntarily surrendered the license or certificate in lieu of revocation may seek reinstatement

under the following conditions:

(1) The license or certificate has been revoked or surrendered for a minimum period of three

years;

(2) The licensee or certificate holder has documented evidence of reformation of the issues

that originally brought the licensee or certificate holder to the Board's attention;

(3) The licensee or certificate holder has made application to the Board for reinstatement of

the license/certificate; and

(4) The licensee or certificate holder agrees to additional education/training or other activities

necessary to demonstrate competence at the level of licensure/certification for which the

applicant is seeking reinstatement.

Licensee agrees that they will not practice in the State of Oregon as a Licensed Practical Nurse

from the date they sign this Order.

Licensee understands that this Order will be submitted to the Board of Nursing for its approval

and is subject to the Board's confirmation.

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Licensee understands that by signing this Stipulated Order, they waive the right to an

administrative hearing under ORS 183.310 to 183.540, and to any judicial review or appeal

thereof. Licensee acknowledges that no promises, representations, duress or coercion have

been used to induce them to sign this Order.

Licensee understands that this Order is a document of public record.

Licensee has read this Stipulated Order, understands this Order completely, and freely signs

this Stipulated Order for Voluntary Surrender.

Jered Brannan, LPN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Scott Brownlee, RN ) PROBATION

)

) Reference No. 19-00756


regulating and disciplining certain health care providers, including Registered Nurses. In

September 2018, Scott Brownlee (Applicant) submitted an application for Registered Nurse

licensure by endorsement.

In his application for licensure, Applicant disclosed his substance use history along with his

history of discipline with the Colorado State Board of Nursing. Applicant had been issued an

RN license by examination by the Michigan State Board of Nursing in 2009 and that license

expired in 2013. Applicant had been issued an RN license by endorsement by the Colorado

State Board of Nursing in 2009. In 2011, Applicant was referred to Colorado’s alternative to

discipline program after he was found impaired at work. In January 2015, Colorado suspended

Applicant’s RN license when he failed to comply with their alternative to discipline program.

In October 2015, Applicant voluntarily surrendered his Colorado license as he had previously

moved to Oregon.

On April 25, 2016, Applicant was arrested for a DUII (his third) in Clatsop County, Oregon.

On July 16, 2016, Applicant was arrested in Clatsop County and subsequently plead No

Contest to Misdemeanor Assault IV.

In a February 2018 court-ordered substance use assessment, Applicant reported he had been

clean and sober since July 22, 2016.

Applicant entered into a chemical dependency treatment program in February 2018 and

successfully completed his recommended treatment in May 2018.

Applicant has diagnoses which meets the Board’s criteria for monitoring.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111(1)(f) and

OAR 851-045-0070(7)(c), which read as follows:



contested case:




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(f) Conduct derogatory to the standards of nursing.

OAR 851-045-0070 Conduct Derogatory to the Standards of Nursing Defined. Conduct

that adversely affects the health, safety, and welfare of the public, fails to conform to legal

nursing standards, or fails to conform to accepted standards of the nursing profession, is

conduct derogatory to the standards of nursing. Such conduct includes, but is not limited to:

(7) Conduct related to impaired function:

(c) The use of a prescription or non-prescription medication, alcohol, or a mind-altering

substance, to an extent or in a manner dangerous or injurious to the licensee or others or to an

extent that such use impairs the ability to conduct safely the practice of nursing.

Licensee admits that the above allegations occurred and constitute violations of the Nurse

Practice Act. Licensee wishes to cooperate with the Board in resolving the present


is agreed to by Licensee:

That the Board issue Scott Brownlee a Registered Nurse license and place that license on

probation effective the date the Board approves this Stipulated Order for Probation.

The Licensee’s compliance with this agreement will be monitored by the Oregon State

Board of Nursing from date of signature on the Stipulated Order. Licensee must

complete a twenty-four (24) month period of probation to begin upon Licensee’s return

to supervised nursing practice at the level of a Registered Nurse. Licensee must practice

a minimum of sixteen (16) hours per week and no more than one (1.0) FTE in a setting

where Licensee is able to exercise the full extent of scope of duties in order to

demonstrate whether or not Licensee is competent. Limited overtime may be approved

on occasion.

Licensee must comply with the following terms and conditions of probation:

1) Licensee shall not violate the Nurse Practice Act (ORS 678) or the rules adopted thereunder.

2) Licensee shall have thirty-six (36) months from Board’s acceptance of this Order to


3) Licensee shall notify Board staff, in writing, prior to any change of address or employment


4) Licensee shall maintain an active license.

5) Licensee shall inform Board staff in advance of any absences from Oregon and/or any move

from Oregon to another licensing jurisdiction. If Licensee leaves the state and is unable to

practice in the state of Oregon, Licensee’s probationary status will be re-evaluated.

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6) Licensee shall appear in person or by phone, to designated Board staff for interviews on a



7) Licensee shall notify Board staff of any citations, arrests, or convictions for any offense,


8) Licensee will not look for, accept, or begin a new nursing position without prior approval of

Board staff. This includes changes of the employer itself or changes within the facility or

institution.

9) Licensee shall inform current and prospective employers of the probationary status of

Licensee’s license, the reasons for Licensee’s probation, and terms and conditions of

probation. If there is a Nurse Executive, that person is to be informed of Licensee's


Probation when Licensee is employed.

10) Licensee shall work under the direct observation of another licensed healthcare

professional, who is aware that the individual is on probation, who is working in the same

physical location (e.g. clinic, unit, building, etc.), is readily available to observe Licensee’s

practice and provide assistance and who has taken the required Board approved

Monitor/Supervisor training. Licensee shall be employed in a setting where Licensee’s nursing

supervisor agrees to submit written evaluations of work performance (on forms provided by

the Board) every three (3) months during the probationary period. The quarterly evaluation is

expected to be received by Board staff within ten (10) days of the due date. If the evaluation is

not timely received, Board staff will contact the employer with a reminder. If Board staff is

not in receipt of the report within five (5) business days from the reminder date, Licensee may

be restricted from practicing as a nurse.


Licensee’s employer, shall inform Board staff of any instance of Licensee’s non-compliance

with the terms and conditions of this Stipulated Order or of any other concern there may be

regarding Licensee’s work-related conduct or personal behavior that may affect Licensee’s

ability to perform the duties of a nurse.

12) Licensee shall notify Board staff when there is a change in status of employment,


13) Licensee shall not work in any practice setting when on-site monitoring is not available.

This generally includes home health agencies, traveling agencies, float pools, temporary

agencies, assisted living facilities, adult foster care, independent consulting contracts, home

hospice, and night shifts outside of acute care settings.

14) Licensee shall not be a nursing faculty member or an advance practice preceptor.

15) Licensee shall not be approved for enrollment in clinical practicum hours for the purposes

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of obtaining an additional degree or license.

16) Licensee shall participate in and comply with any treatment recommendations set forth by

a third party evaluator approved by the Board. Within fourteen (14) days of completing

treatment, Licensee shall submit to Board staff a copy of Licensee’s completion certificate or

discharge summary. Licensee shall attend Narcotics Anonymous (NA), Alcoholics

Anonymous (AA) or similar recovery program on a weekly basis and provide proof of

attendance to Board staff. Licensee shall sign any release of information necessary to allow

Board staff to communicate with Licensee’s treatment provider and release Licensee’s

treatment records to the Board.

17) Licensee shall participate in the Board’s random urine drug testing program. Failure to

comply with random urine or any other requested drug test shall result in Licensee’s

immediate removal from nursing practice. Licensee shall submit to observed tests to

determine the presence of unauthorized substances immediately upon request by Board staff or

Licensee’s employer. Licensee shall sign any release of information necessary to ensure the

Board will receive the results of such testing. The presence of unauthorized substances may be


Board staff, Licensee shall obtain an evaluation by a Board approved chemical abuse or

dependence evaluator. Licensee understands that Licensee is financially responsible for any

and all costs related to testing and evaluating. Licensee’s failure to maintain an account in

good standing with the Board’s laboratory vendor shall be considered a violation of this

Stipulated Order.

18) Licensee shall abstain from using alcohol and/or other intoxicating, mind altering, or

potentially addictive drugs, including over-the-counter or prescription drugs while

participating in the Board’s random urine drug testing program, except as provided in Section

19 below. Licensee shall avoid any over-the-counter products and food items containing

alcohol, marijuana and poppy seeds.

19) Licensee may take medication for a documented medical condition, provided that Licensee


write such a prescription. Licensee will notify Board staff within 72 hours in the event

Licensee is prescribed such medication, and shall sign a release of information authorizing the

prescribing person to communicate with Board staff about Licensee’s medical condition.

Licensee shall produce the medical records pertaining to the medical condition and medication

use. Licensee will discard any unused prescription medications when it is no longer needed or

expired.

20) Licensee shall cease practicing as a nurse upon the occurrence of a relapse, or at the

request of Board staff because of a relapse or relapse behavior. Practice may resume only

when approved in writing by Board staff, in consultation with Licensee’s employer.

21) Licensee shall notify any and all healthcare providers of the nature of Licensee’s chemical

dependency to ensure that Licensee’s health history is complete before receiving any

treatment, including medical and dental. Licensee shall provide Board staff with the names

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and contact information of any and all health care providers. Licensee shall sign any release of

information necessary to allow Board staff to communicate with Licensee’s healthcare

providers and release Licensee’s medical and treatment records to the Board. Licensee is

financially responsible for any costs incurred for compliance with the terms and conditions of

this Stipulated Order.

22) Licensee shall notify Board staff at least three (3) business days prior to leaving town or

going on vacation, with the exception of a family emergency.

23) Licensee shall cooperate fully with Board staff in the supervision and investigation of

Licensee’s compliance with the terms and conditions of this Stipulated Order.

Licensee understands that the conduct resulting in the violations of law described in this

Stipulated Order are considered by the Board to be of a grave nature and, if continued,


Licensee understands that in the event Licensee engages in future conduct resulting in

violations the terms of this Stipulated Order and/or the Nurse Practice Act, the Board may take

further disciplinary action against Licensee’s license, up to and including revocation of

Licensee’s license to practice as a Registered Nurse.

Licensee understands that this Stipulated Order will be submitted to the Board of Nursing for

its approval and is subject to the Board's confirmation.

Licensee understands that by signing this Stipulated Order, Licensee waives the right to an



been used to induce Licensee to sign this Stipulated Order.

Licensee understands that this Stipulated Order is a document of public record.

IT IS SO AGREED:

Scott Brownlee, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Theresa Bunker, NP ) PROBATION

)

License No. 096006685N1, 096006685RN ) Reference No. 18-01876


regulating and disciplining certain health care providers, including Registered Nurses and

Nurse Practitioners. Theresa Bunker (Licensee) was issued a Registered Nurse license by the

Oregon State Board of Nursing on June 4, 1996, and a Nurse Practitioner Certificate on July 8,

1998.

On or about June 8, 2018, the Board received information that on June 4, 2018, a patient (JD)

contacted Licensee’s place of employment via phone and requested his/her Human

Immunodeficiency Virus (HIV) test results. When the results were not released, JD presented

in person, in the lobby area of Licensee’s place of employment and requested his/her test

results. Licensee responded to JD by asking JD to guess what the results were. The Board

opened an investigation into the matter.

Through the course of the Board’s investigation, two witnesses reported that on June 4, 2018,

JD came into the lobby area of the clinic where Licensee was practicing and requested his/her

test results. The witnesses stated that Licensee did in fact ask JD to guess the results of the test.


OAR 851-045-0070(3)(k)(8)(h) which reads as follows:

ORS 678.111 Causes for denial, revocation or suspension of license or probation, reprimand or

censure of licensee. In the manner prescribed in ORS chapter 183 for a contested case:








Conduct that adversely affects the health, safety, and welfare of the public, fails to conform to

legal nursing standards, or fails to conform to accepted standards of the nursing profession, is


(3) Conduct related to the client’s safety and integrity:

(k) Failing to respect the dignity and rights of clients, inclusive of social or economic status,

age, race, religion, gender, gender identity, sexual orientation, national origin, nature of health

needs, physical attributes, or disability;

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(8) Conduct related to other federal or state statute or rule violations:

(h) Engaging in other unacceptable behavior towards or in the presence of a client. Such

conduct includes but is not limited to using derogatory names, derogatory gestures or profane

language;

Licensee denies that the above allegations occurred but if proven at hearing, would constitute

violations of the Nurse Practice Act. Licensee wishes to cooperate with the Board in resolving

the present disciplinary matter. The following will be proposed to the Oregon State Board of

Nursing and is agreed to by Licensee:

That the Registered Nurse license (096006685RN) and Nurse Practitioner Certificate

(096006685N1) of Licensee be placed on Probation. The Licensee’s compliance with this

agreement will be monitored by the Oregon State Board of Nursing from date of signature on

the Stipulated Order. Licensee must complete a twelve (12) month period of probation to

begin upon Licensee’s return to supervised nursing practice at the level of a Nurse Practitioner.

Licensee must practice a minimum of sixteen (16) hours per week and no more than one (1.0)

FTE in a setting where Licensee is able to exercise the full extent of scope of duties.



2) Licensee shall have twenty-four (24) months from Board acceptance of this Stipulated

Order to complete twelve (12) months of monitored practice.


setting, during the probation period.


5) Licensee shall complete the following Center for Personalized Education for Professionals

(CPEP) course: Advanced Skills In Clinical-Patient Communication. Licensee shall sign a

release of information with CPEP, allowing the Board to confirm that Licensee has completed

the course. Should Licensee fail to complete this course by November 10, 2019, Licensee shall

be referred back to the Board for consideration of further disciplinary action.

6) Licensee shall inform Board staff in advance of any absences from Oregon and/or move

from Oregon to another licensing jurisdiction. If Licensee leaves the State and is unable to

practice in the State of Oregon, Licensee’s probationary status will be re-evaluated.

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whether a felony, misdemeanor, violation, or citation within seven (7) days of the occurrence.

9) Licensee will not look for, accept, or begin a new nursing position without the approval of


institution.









practice and provide assistance. Licensee shall be employed in a setting where Licensee’s

nursing supervisor agrees to submit written evaluations of work performance (on forms

provided by the Board) every three (3) months during the probationary period. The quarterly

evaluation is expected to be received by Board staff within ten (10) days of the due date. If the

evaluation is not timely received, Board staff will contact the employer with a reminder. If

Board staff is not in receipt of the report within five (5) business days from the reminder date,

Licensee may be restricted from practicing as a nurse.


Licensee’s employer, shall inform Board staff of any instance of the Licensee’s non-

compliance with the terms and conditions of this Stipulated Order, or of any other concern

there may be regarding Licensee’s work-related conduct or personal behavior that may affect

Licensee’s ability to practice as a nurse.

13) Licensee shall notify Board staff when there is a change in status of employment including

resignations or terminations.

14) Licensee shall not work in any practice setting in which on-site monitoring is not available.

This generally includes home health agencies, traveling agencies, nursing float pools,



15) Licensee shall not be an advance practice preceptor. Licensee can continue to be a clinical

evaluator.

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17) Licensee shall cease practicing as a nurse if there are concerns about Licensee’s ability to

practice safely or at the request of Board staff. Practice may resume when approved by the

Board staff, in consultation with Licensee’s employer.

18) Licensee shall cooperate fully with the Board in the supervision and investigation of


Licensee understands that the conduct resulting in the violations of law, described in this

Stipulated Order are considered by the Board to be of a grave nature and if continued,


Licensee also understands that in the event Licensee engages in future conduct resulting in

violations of the law or terms of probation the Board may take further disciplinary action

against Licensee’s license, up to and including revocation of Licensee’s license to practice as a

Nurse Practitioner or as a Registered Nurse.







Licensee understands that this Stipulated Order is a public record.

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Licensee has read this Stipulated Order, understands the Stipulated Order completely, and

freely signs the Stipulated Order.

IT IS SO AGREED:

Theresa Bunker, NP Date

ORDER

IT IS SO ORDERED:



Board President

Date

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Page 1 of 3 - Stipulated Order for Reprimand; 19-00613

BEFORE THE OREGON



Verity Caruso, CRNA ) REPRIMAND OF LICENSE

)

License No. 201500622CRNA,

099000771RN



regulating and disciplining certain health care providers, including Certified Registered Nurse

Anesthetist License/Certificates. Verity Caruso (Licensee) was issued a Registered Nurse

License by the Board April 26, 2000, and a Certified Registered Nurse Anesthetist License by

the Board on January 30, 2015.

On or about November 6, 2018, the Board received information that Licensee failed to

properly assess the risk factors and failed to take appropriate action for the safety of a patient

undergoing elective gastric balloon surgery.

Despite proper cardiopulmonary resuscitation and airway management, the patient died.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111(1)(f)(g) and

OAR 851-045-0070 (2)(a), (3)(a)(b)(c) and (4)(f) which read as follows:









(g) Violation of any provision of ORS 678.010 to 678.448 or rules adopted thereunder.





(2) Conduct related to achieving and maintaining clinical competency:

(a) Failing to conform to the essential standards of acceptable and prevailing nursing practice.

Actual injury need not be established;

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(a) Developing, modifying, or implementing policies that jeopardize client safety;

(b) Failing to take action to preserve or promote the client’s safety based on nursing

assessment and judgment;

(c) Failing to develop, implement or modify the plan of care;

(4) Conduct related to communication:

(f) Failing to communicate information regarding the client’s status to members of the health

care team in an ongoing and timely manner as appropriate to the context of care

Licensee wishes to cooperate with the Board in this matter. Therefore, the following will be

proposed to the Oregon State Board of Nursing and is agreed to by Licensee:

That the Certified Registered Nurse Anesthetist License of Verity Caruso be

Reprimanded.

Licensee understands that the conduct resulting in the violations of law described in this Order

are considered by the Board to be of a grave nature and, if continued, constitutes a serious

danger to public health and safety.

Licensee understands that in the event she engages in future conduct resulting in violations of

law or the Nurse Practice Act, the Board may take further disciplinary action against her

license, up to and including revocation of her license to practice as a Certified Registered

Nurse Anesthetist License.



Licensee understands that by signing this Stipulated Order, she waives the right to an



been used to induce her to sign this Order.


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this Stipulated Order for Reprimand.

Verity Caruso, CRNA Date

ORDER

IT IS SO ORDERED:



Board President

Date

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Page 1 of 4 - Final Order of Suspension by Default for Failure to Cooperate; 19-01051

BEFORE THE OREGON



Pepito Decena, RN ) BY DEFAULT FOR

) FAILURE TO COOPERATE

)

License No. 201901069RN ) Reference No. 19-01051


regulating and disciplining certain health care providers, including Registered Nurses. Pepito

Decena (Licensee) was issued a Registered Nurse License by the Board on February 7, 2019.


On May 7, 2019, a Notice stating that the Board intended to suspend the Registered Nurse

License of Licensee was sent via certified and first-class mail to Licensee's address of record.

The Notice alleged that Pepito Decena failed to cooperate with the Board during the course of

an investigation.

The Notice granted Licensee an opportunity for hearing if requested within twenty (20) days of

the mailing of the Notice. No such request for hearing has been received by the Board. The

Notice designated the Board’s file on this matter as the record for purposes of default.



-I-

FINDINGS OF FACT



1. Licensee was issued a Registered Nurse License in the state of Oregon on February 7,

2019.

2. On or about February 12, 2019, Licensee was reported to the Board on allegations he

falsified his education credentials in his application to the Board for Registered Nurse

licensure. The Board opened an investigation into the matter.

3. On April 15, 2019, Board staff mailed a letter to Licensee’s address of record

requesting that they schedule an interview to discuss the allegations. Licensee was

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further instructed to send a written statement regarding the allegations and a current

work history. Licensee failed to schedule an interview and did not provide any

documents to the Board.

4. On April 30, 2019, a second letter was sent to Licensee’s address of record, requesting

that they contact the Board within five (5) business days to schedule an interview to

discuss the allegations. Licensee was also asked to provide a current work history and

a written statement regarding the allegations. Licensee failed to schedule an interview

and did not provide any documents to the Board.

5. On May 7, 2019, Board staff mailed a Notice of Proposed Suspension to Licensee via

first-class and certified mail. The Notice granted Licensee twenty (20) days from the

date of the mailing of the Notice to request a hearing. The Notice also designated that

the agency file would be the record for purposes of default.

6. Licensee failed to respond to the Notice of Proposed Suspension within the required

twenty (20) days. Consequently, Licensee’s opportunity to request a hearing has

expired and is in default.

-II-

CONCLUSIONS OF LAW

1. That the Board has jurisdiction over the Licensee, Pepito Decena, and over the subject

matter of this proceeding.

2. That Licensee’s failure to cooperate with the Board during the course of an

investigation is grounds for disciplinary action pursuant to ORS 678.111(1)(f), OAR

851-045-0070(10) (a) and (c), which read as follows:



contested case:

(1) Issuance of the license to practice nursing, whether by examination or by

endorsement, of any person may be refused or the license may be revoked or

suspended or the licensee may be placed on probation for a period specified by the

Oregon State Board of Nursing and subject to such condition as the Board may impose

or may be issued a limited license or may be reprimanded or censured by the Board, or

any of the following causes:


OAR 851-045-0070 Conduct Derogatory to the Standards of Nursing Defined.

Conduct that adversely affects the health, safety, and welfare of the public, fails to

conform to legal nursing standards, or fails to conform to accepted standards of the

nursing profession, is conduct derogatory to the standards of nursing. Such conduct

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shall include, but is not limited to, the following:


(a) Failing to fully cooperate with the Board during the course of an investigation,

including but not limited to, waiver of confidentiality privileges, except client-attorney

privilege.

(c) Failing to provide the Board with any documents requested by the Board.

3. That Licensee defaulted on the Notice by not requesting a hearing within

the allotted twenty (20) days and, as a result, pursuant to ORS 183.417(3), the

Board may enter a Final Order by Default.

-III-

ORDER

Based on the foregoing Findings of Fact and Conclusions of Law, and the Board being

fully advised in the premises, it is hereby:

ORDERED that the Registered Nurse License of Pepito Decena is SUSPENDED for a

minimum of two weeks, commencing five business days from the date this Order is

signed, and shall continue until such time as Pepito Decena has fully cooperated with

the Board’s investigation. Should the Board reinstate the Registered Nurse License of

Pepito Decena, the Licensee would be subject to whatever terms and conditions the

Board may impose.

DATED this _____ day of June, 2019


_______________________________


Board President

TO: PEPITO DECENA:





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BEFORE THE OREGON



Erica Divine, LPN ) REPRIMAND OF LICENSE

)



regulating and disciplining certain health care providers, including Practical Nurse License.

Erica Divine (Licensee) was issued a Practical Nurse License by the Board on December 7,

2012.

On or about October 1, 2018, Licensee was assigned to maintain constant observation of a

patient who was a potential risk to himself and others. It is alleged that she left her assignment

early without ensuring coverage for the patient.

The patient required that two staff members keep him under observation and remain within

approximately two arms-lengths at all times. When an incident involving another individual

took place in a nearby area, Licensee left her own patient assignment to intervene, leaving only

one staff person to monitor their patient.

Licensee stated that she thought she had communicated to another staff person that she needed

them to cover for her, but the communication was not received as intended and coverage did

not occur as Licensee anticipated.

The patient attempted to evade the remaining staff person by running from the room, but

additional staff responded and no harm occurred.


OAR 851-045-0070 (3)(c)(i) which read as follows:



contested case:

(1) Issuance of the license to practice nursing, whether by examination or by indorsement,

of any person may be refused or the license may be revoked or suspended or the licensee

may be placed on probation for a period specified by the Oregon State Board of Nursing

and subject to such condition as the board may impose or may be issued a limited license

or may be reprimanded or censured by the board, for any of the following causes:






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(i) Leaving or failing to complete any nursing assignment, including a supervisory

assignment, without notifying the appropriate personnel and confirming that nursing

assignment responsibilities will be met;



That the Practical Nurse License of Erica Divine be reprimanded.






license, up to and including revocation of her license to practice as a Practical Nurse License.










Erica Divine, LPN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Kimberlee Dixon, RN ) VOLUNTARY SURRENDER

)



regulating and disciplining certain health care providers, including Registered Nurses.

Kimberlee Dixon (Licensee) was issued a Registered Nurse License by the Board on August

30, 1985.

On or about February 2019, the Board received information that while the Licensee served as

the volunteer treasurer for a non-profit organization, it was found that the Licensee was

suspected of misappropriating funds in the amount of $83,000.00 between 2012-2018.

Licensee does not admit fault but has repaid the full amount owed to the organization.

Licensee is retiring from nursing and wishes to voluntarily surrender her license.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111(1)(b)(f) and

OAR 851-045-0070(1)(b)(2)(a)



contested case:






(b) Gross incompetence or gross negligence of the licensee in the practice of nursing at the

level for which the licensee is licensed.






(1) Conduct related to general fitness to practice nursing:

(b) Demonstrated incidents of dishonesty, misrepresentation, or fraud.




Licensee wishes to cooperate with the Board in this matter and voluntarily surrender her

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Registered Nurse license.

Therefore, the following will be proposed to the Oregon State Board of Nursing and is agreed

to by Licensee:

That the voluntary surrender of the Registered Nurse license of Kimberlee Dixon be

accepted. If, after a minimum of three years, Ms. Dixon wishes to reinstate her

Registered Nurse license, she may submit an application to the Board to request

reinstatement.

Licensee agrees that she will not practice as a Registered Nurse from the date she signs this

Order.










Kimberlee Dixon, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Lauren Ellis ) PROBATION

)

Certificate No. CNA Applicant ) Reference No. 18-01850


regulating and disciplining certain health care providers, including Applicants.

On or about October 18, 2017, Lauren Ellis (Applicant) submitted an application for a

Certified Nursing Assistant Certificate and disclosed an arrest history. An investigation was

opened into the matter.

Through the course of the Board’s investigation, the Board learned that Applicant also had a

history of substance use.

On April 15, 2019, Applicant underwent a substance use disorder evaluation and treatment

was recommended.

By the above actions, Applicant is subject to discipline pursuant to ORS 678.442(2)(f) and

OAR 851-063-0090(7)(c)(8)(i) which reads as follows:




reasons:


OAR 851-063-0090 Conduct Unbecoming a Nursing Assistant:





limited to:

(7) Conduct related to safe performance of authorized duties:

(c) Using a prescription or non-prescription drug, alcohol, or a mind-altering substance to an

extent or in a manner dangerous or injurious to the nursing assistant or others, or to an extent

that such use impairs the ability to perform the authorized duties safely.

(8) Conduct related to other federal or state statutes/rule violations:

(i) Possessing, obtaining, attempting to obtain, furnishing or administering prescription or

controlled drugs to any person, including self, except as directed by a LIP authorized by law to

prescribe drugs;

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Applicant admits that the above allegations occurred and constitute violations of the Nurse

Practice Act. Applicant wishes to cooperate with the Board in resolving the present


is agreed to by Applicant:

That following the issuance of a Certified Nursing Assistant (CNA) certificate, Applicant’s

CNA will be placed on Probation. The Applicant’s compliance with this agreement will be

monitored by the Oregon State Board of Nursing from date of signature on the Stipulated

Order. Applicant must complete a twelve (12) month period of probation to begin upon

Applicant’s return to performing the duties at the level of a Certified Nursing Assistant.

Applicant must practice a minimum of sixteen (16) hours per week and no more than one (1.0)

FTE in a setting where Applicant is able to exercise the full extent of scope of duties in order

to demonstrate whether or not Applicant is competent. Limited overtime may be approved on

occasion.

Applicant shall comply with the following terms and conditions of probation:

1) Applicant shall not violate the Nurse Practice Act (ORS 678) or the rules adopted

thereunder.

2) Applicant shall have twenty-four (24) months from Board’s acceptance of this Stipulated

Order to complete twelve (12) months of monitored practice.

3) Applicant shall notify Board staff, in writing, prior to any change of address or employment


4) Applicant shall maintain an active certificate.

5) Applicant shall inform Board staff in advance of any absences from Oregon and/or any

move from Oregon to another licensing jurisdiction. If Applicant leaves the state and is unable

to work in the state of Oregon, Applicant’s probationary status will be re-evaluated.

6) Applicant shall appear in person or by phone, to designated Board staff for interviews on a



7) Applicant shall notify Board staff of any citations, arrests, or convictions for any offense,


8) Applicant will not look for, accept, or begin a new nursing assistant position without prior

approval of the Board. This includes changes of the employer itself or changes within the

facility or institution.

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9) Applicant shall inform current and prospective employers of the probationary status of

Applicant’s certification, the reasons for probation, and terms and conditions of probation. If

there is a Nurse Executive, that person is to be informed of Applicant's probationary status.

The Nurse Executive will receive a copy of the Stipulated Order for Probation when Applicant

is employed.

10) Applicant shall work under the direct observation of another licensed healthcare

professional, functioning at a higher level of licensure who is aware that the individual is on

probation, who is working in the same physical location (e.g. clinic, unit, building, etc.), is

readily available to observe Applicant’s work and provide assistance and who has taken the

required Board approved Monitor/Supervisor training. Applicant shall be employed in a setting

where Applicant’s supervisor agrees to submit written evaluations of work performance (on

forms provided by the Board) every three (3) months during the probationary period. The

quarterly evaluation is expected to be received by Board staff within ten (10) days of the due

date. If the evaluation is not timely received, Board staff will contact the employer with a

reminder. If Board staff is not in receipt of the report within five (5) business days from the

reminder date, Applicant may be restricted from performing the duties of a nursing assistant.


Applicant’s employer shall inform Board staff of any instance of Applicant’s non-compliance


regarding Applicant’s work-related conduct or personal behavior that may affect Applicant’s

ability to perform the duties of a nursing assistant.

12) Applicant shall notify Board staff when there is a change in status of employment,


13) Applicant shall not work in any work setting when on-site monitoring is not available. This

generally includes home health agencies, traveling agencies, float pools, temporary agencies,

assisted living facilities, adult foster care, independent consulting contracts, home hospice, and

night shifts outside of acute care settings.

14) Applicant shall not be approved for enrollment in clinical practicum hours for the purpose


15) Applicant shall participate in and comply with any treatment recommendations set forth by


treatment, Applicant shall submit to Board staff a copy Applicant’s completion certificate or

discharge summary. Applicant shall attend Narcotics Anonymous (NA), Alcoholics


attendance to Board staff. Applicant shall sign any release of information necessary to allow

Board staff to communicate with Applicant’s treatment provider and release Applicant’s


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16) Applicant shall participate in the Board’s random urine drug testing program. Failure to

comply with random urine or any other requested drug test shall result in Applicant’s

immediate removal from working as a nursing assistant Applicant shall submit to observed

tests to determine the presence of unauthorized substances immediately upon request by Board

staff or Applicant’s employer. Applicant shall sign any release of information necessary to

ensure the Board will receive the results of such testing. The presence of unauthorized

substances may be considered a violation of the terms and conditions of this Stipulated Order.

Upon request of Board staff, Applicant shall obtain an evaluation by a Board approved

chemical abuse or dependence evaluator. Applicant understands that Applicant is financially

responsible for any and all costs related to testing and evaluating. Applicant’s failure to

maintain an account in good standing with the Board’s laboratory vendor may be considered a

violation of this Stipulated Order.

17) Applicant shall abstain from the use of intoxicating, mind altering, or potentially addictive

drugs, both over-the-counter and prescription drugs, and alcohol while participating in the

Board’s random urine drug testing program, except as provided in Section 18 below.

Applicant shall avoid any over the counter products and food items containing alcohol,

marijuana and poppy seeds.

18) Applicant may take medication for a documented medical condition, provided that

Applicant obtains such medication only by a legal prescription written by a person authorized

by law to write such a prescription. Applicant will notify Board staff within 72 hours in the

event Applicant is prescribed such medication, and shall sign a release of information

authorizing the prescribing person to communicate with Board staff about Applicant’s medical

condition. Applicant shall produce the medical records pertaining to the medical condition and

medication use. Applicant will discard any unused prescription medications when it is no

longer needed or expired.

19) Applicant shall cease performing the duties of a nursing assistant upon the occurrence of a

relapse, or at the request of Board staff because of a relapse or relapse behavior. The

performance of nursing assistant duties may resume only when approved in writing by Board

staff, in consultation with Applicant’s employer.

20) Applicant shall notify any and all healthcare providers of the nature of Applicant’s

chemical dependency to ensure that Applicant’s health history is complete before receiving

any treatment, including medical and dental. Applicant shall provide Board staff with the

names and contact information of any and all health care providers. Applicant shall sign any

release of information necessary to allow Board staff to communicate with Applicant’s

healthcare providers and release Applicant’s medical and treatment records to the Board.

Applicant is financially responsible for any costs incurred for compliance with the terms and

conditions of this Stipulated Order.

21) Applicant shall notify Board staff at least three (3) business days prior to leaving town or


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22) Applicant shall cooperate fully with Board staff in the supervision and investigation of

Applicant’s compliance with the terms and conditions of this Stipulated Order.

Applicant understands that the conduct resulting in the violations of law described in this



Applicant understands that in the event Applicant engages in future conduct resulting in

violations of the terms of this Stipulated Order and/or the Nurse Practice Act, the Board may

take further disciplinary action against Applicant’s certificate, up to and including revocation

of Applicant’s certification to perform the duties of a Applicant.

Applicant understands that this Stipulated Order will be submitted to the Board of Nursing for


Applicant understands that by signing this Stipulated Order, Applicant waives the right to an

administrative hearing under ORS 183.310 to 183.540. Applicant acknowledges that no

promises, representations, duress or coercion have been used to induce Applicant to sign this

Stipulated Order.

Applicant understands that this Stipulated Order is a document of public record.

Applicant has read this Stipulated Order, understands this Stipulated Order completely, and

freely signs this Stipulated Order.

IT IS SO AGREED:

Lauren Ellis, Applicant Date

ORDER

IT IS SO ORDERED:



Board President

Date

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Page 1 of 3 - Final Order of Suspension by Default; 19-00108

BEFORE THE OREGON


)


Robert Espinosa, CNA ) BY DEFAULT

)

)




Assistants. Robert Espinosa (Certificate Holder) was issued a Certified Nursing Assistant

Certificate by the Board on January 28, 1991.


On April 17, 2019, a Notice stating that the Board intended to Suspend the Certified Nursing

Assistant Certificate of Robert Espinosa was sent to Certificate Holder via certified and first-

class mail to the address of record.

The Notice alleged that Certificate Holder failed to respond to letters requesting the Certificate

Holder schedule an interview with Board staff to discuss allegations of inappropriate conduct

with a patient of the facility where the Certificate Holder was employed.

The Notice granted Certificate Holder an opportunity for hearing if requested within twenty

(20) days of the mailing of the Notice. No such request for hearing has been received by the

Board. The Notice designated the Board’s file on this matter as the record for purposes of

default.



-I-

FINDINGS OF FACT



1. Certificate Holder was issued a Certified Nursing Assistant Certificate in the state of

Oregon on January 28, 1991.

2. On or about July 2018, Certificate Holder was reported to the Board for inappropriate

conduct with a patient of the facility where the Certificate Holder was employed. The

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Board opened an investigation into the matter.

3. On December 11, 2018, Board staff mailed a letter to Certificate Holder’s address of

record requesting that Certificate Holder schedule an interview to discuss the

allegations. Certificate Holder was further instructed to send a written statement

regarding the allegations and a current work history. Certificate Holder failed to

schedule an interview and did not provide any documents to the Board.

4. On April 08, 2019, a second letter was sent to Certificate Holder’s address of record

requesting that Certificate Holder contact the Board within five (5) business days to

schedule an interview to discuss the allegations. Certificate Holder was also asked to

send a written statement regarding the allegations and provide a current work history.

Certificate Holder failed to schedule an interview and did not provide any documents to

the Board.

5. On April 17, 2019, Board staff mailed a Notice of Proposed Suspension to Certificate

Holder via first-class and certified mail. The Notice granted Certificate Holder twenty

(20) days from the date of the mailing of the Notice to request a hearing. The Notice

also designated that the agency file would be the record for purposes of default.

-II-

CONCLUSIONS OF LAW

1. That the Board has jurisdiction over the Certificate Holder, Robert Espinosa, and over

the subject matter of this proceeding.

2. That Certificate Holder’s conduct is in violation of ORS 678.442 (2)(f) and OAR 851-

063-0090 (10)(a)(c), which read as follows:

ORS 678.442(2)(f) Certification of nursing assistants; rules.



reasons:


OAR 851-063-0090(10)(a)(c) Conduct Unbecoming a Nursing Assistant:

A CNA, regardless of job location, responsibilities, or use of the title “CNA," whose

behavior fails to conform to the legal standard and accepted standards of the nursing assistant



limited to:

(10) Conduct related to the certificate holder's relationship with the Board:

(a) Failing to fully cooperate with the Board during the course of an investigation, including

but not limited to waiver of confidentiality, except attorney-client privilege.

(c) Failing to provide the Board with any documents requested by the Board;

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3. That Certificate Holder defaulted on the Notice by not requesting a hearing within the

allotted twenty (20) days and, as a result, pursuant to ORS 183.417(3), the Board may

enter a Final Order by Default.

-III-

ORDER



ORDERED that the Certified Nursing Assistant Certificate of Robert Espinosa is

SUSPENDED for a minimum of 14 days, commencing five business days from the date this

Order is signed.

DATED this 12th day of June, 2019


_______________________________


Board President

TO: ROBERT ESPINOSA:









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BEFORE THE OREGON



Bobbie Felton, RN ) PROBATION

)



regulating and disciplining certain health care providers, including Registered Nurses. Bobbie

Felton (Licensee) was issued a Registered Nurse License/Certificate by the Oregon State

Board of Nursing on August 7, 2009.

On or about March 13, 2018, the Board received information that Licensee obtained a DUII on

March 4, 2018. On or about March 16, 2018, the Board received information regarding

practice concerns that included deficiencies in documentation and communication of nursing

interventions.

By the above actions, Licensee may be subject to discipline pursuant to:



contested case:











includes, but is not limited to:


(a) Failing to conform to the essential standards of acceptable and prevailing nursing practice



(a) Failure to accurately document nursing interventions and nursing practice implementation;

(b) Failure to document nursing interventions and nursing practice implementation in a timely,

accurate, thorough, and clear manner. This includes failing to document a late entry within a

reasonable time period.


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Licensee admits that the above allegations may have occurred and, if proven at hearing,

constitute violations of the Nurse Practice Act. Licensee wishes to cooperate with the Board in

resolving the present disciplinary matter. The following will be proposed to the Oregon State

Board of Nursing and is agreed to by Licensee:

That the Registered Nurse License/Certificate license of 200942261RN be placed on

Probation. The Licensee’s compliance with this agreement will be monitored by the Oregon

State Board of Nursing from date of signature on the Stipulated Order. Licensee must

complete a twelve (12) month period of probation to begin upon Licensee’s return to

supervised nursing practice at the level of a Registered Nurse. Licensee must practice a

minimum of sixteen (16) hours per week and no more than one (1.0) FTE in a setting where

Licensee is able to exercise the full extent of scope of duties in order to demonstrate whether

or not Licensee is competent.



2) Licensee shall have twenty-four (24) months from Board’s acceptance of this Order to

complete twelve (12) months of monitored practice.














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institution.






































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Stipulated Order.













expired.














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IT IS SO AGREED:

Bobbie Felton, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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Page 1 of 5 - Stipulated Order for 7-Day Suspension Followed by Probation; 18-01372

BEFORE THE OREGON



Jill Flanders, LPN ) 7-DAY SUSPENSION FOLLOWED

) BY PROBATION

)




Jill Flanders (Licensee) was issued a Licensed Practical Nurse license by the Oregon State

Board of Nursing on January 19, 2017.

On or about February 21, 2018, the Board received a report alleging that Licensee had failed to

report suspected patient abuse. An investigation was opened into the matter.

In the course of the investigation, the Board discovered that Licensee had not provided

appropriate patient care and had failed to document patient care as required under the Nurse

Practice Act. The Board also discovered other practice issues, such as failing to ensure that

medications were administered as ordered.

Licensee expresses remorse and the desire to change and rectify her practice in accordance

with the Nurse Practice Act.

By the above actions, Licensee may be subject to discipline pursuant to ORS 678.111(1)(f) and

OAR 851-045-0070(1)(a)(g)(2)(e)(3)(b)(g)(i)(4)(b)(7)(b) which read as follows:











standards of the nursing profession, or who may adversely affect the health, safety, and welfare

of the public, may be found guilty of conduct derogatory to the standards of nursing. Such

conduct shall include, but is not limited to, the following:


(a) Developing, modifying, or implementing standards of nursing practice/care which

jeopardize patient safety.

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(g) Failing to supervise persons to whom nursing tasks have been assigned.

(2) Conduct related to other federal or state statute/rule violations:

(e) Failing to report actual or suspected incidents of child abuse or elder abuse to the

appropriate state agencies.


(b) Incomplete recordkeeping regarding client care; including, but not limited, to failure to

document care given or other information important to the client’s care or documentation

which is inconsistent with the care given.

(g) Failing to maintain client records in a timely manner which accurately reflects management

of client care, including failure to make a late entry within a reasonable time period.

(i) Failing to communicate information regarding the client’s status to other individuals who

need to know; for example, family, and facility administrator.


(b) Failing to conform to the essential standards of acceptable and prevailing nursing practice.

Actual injury need not be established.



application for licensure or during the course of an investigation or any other question asked by

the Board.

Licensee admits that there is evidence the above allegations occurred and constitute violations

of the Nurse Practice Act. Licensee wishes to cooperate with the Board in resolving the

present disciplinary matter. The following will be proposed to the Oregon State Board of

Nursing and is agreed to by Licensee:

That the Licensed Practical Nurse license of Jill Flanders be suspended for (7) seven days

beginning 5 business days from the date of this Order. Upon completion of the 7 days of

suspension, the license will be placed on Probation. The Licensee’s compliance with this

agreement will be monitored by the Oregon State Board of Nursing from date of signature on

the Stipulated Order. Licensee must complete a twelve (12) month period of probation to begin

upon Licensee’s return to supervised nursing practice at the level of a Licensed Practical Nurse.

Licensee must practice a minimum of sixteen (16) hours per week and no more than one (1.0)

FTE in a setting where Licensee is able to exercise the full extent of scope of duties in order to

demonstrate whether or not Licensee is competent. Limited overtime may be approved on

occasion.



2) Licensee shall have twenty-four (24) months from Board acceptance of this Stipulated Order

to complete twelve (12) months of monitored practice.

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setting, during the probation period.


5) Licensee shall complete the following NCSBN courses: Professional Accountability and

Legal Liability for Nurses and Documentation: A Critical Aspect of Client Care. Licensee shall

provide proof of completion of each course either through certificates of completion or

transcripts. Should Licensee fail to complete these courses during Licensee's 12 month period

of Probation, Licensee shall remain on Probation until such time as Licensee completes the

courses and shows proof.

6) Licensee shall inform Board staff in advance of any absences from Oregon and/or move

from Oregon to another licensing jurisdiction. If Licensee leaves the State and is unable to

practice in the State of Oregon, Licensee’s probationary status will be re-evaluated.





whether a felony, misdemeanor, violation, or citation within seven (7) days of the occurrence.

9) Licensee will not look for, accept, or begin a new nursing position without the approval of


institution.


Licensee’s license, the reasons for Licensee’s probation, and terms and conditions of probation.

If there is a Nurse Executive, that person is to be informed of Licensee's probationary status.

The Nurse Executive will receive a copy of the Stipulated Order for Probation when Licensee

is employed.












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Licensee’s employer, shall inform Board staff of any instance of the Licensee’s non-

compliance with the terms and conditions of this Stipulated Order, or of any other concern

there may be regarding Licensee’s work-related conduct or personal behavior that may affect

Licensee’s ability to practice as a nurse.

13) Licensee shall notify Board staff when there is a change in status of employment including

resignations or terminations.

14) Licensee shall not work in any practice setting in which on-site monitoring is not available.

This generally includes home health agencies, traveling agencies, nursing float pools,






17) Licensee shall cease practicing as a nurse if there are concerns about Licensee’s ability to

practice safely or at the request of Board staff. Practice may resume when approved by the

Board staff, in consultation with Licensee’s employer.

18) Licensee shall cooperate fully with the Board in the supervision and investigation of


Licensee understands that the conduct resulting in the alleged violations of law, described in

this Stipulated Order are considered by the Board to be of a grave nature and if continued,

would constitute a serious danger to public health and safety.

Licensee also understands that in the event Licensee engages in future conduct resulting in

violations of the law or terms of probation the Board may take further disciplinary action

against Licensee’s license, up to and including revocation of Licensee’s license to practice as a

Licensed Practical Nurse.







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Licensee has read this Stipulated Order, understands the Stipulated Order completely, and

freely signs the Stipulated Order.

IT IS SO AGREED:

Jill Flanders, LPN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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Page 1 of 3 - Final Order of Denial by Default; 19-00729

BEFORE THE OREGON


)

In the Matter of ) FINAL ORDER OF DENIAL OF

Lawrence Francis, RN ) RN APPLICATION BY DEFAULT

)



regulating, and disciplining certain health care providers, including Registered Nurses.

Lawrence Francis (Applicant) applied for a Registered Nurse License in the state of Oregon on

or about October 10, 2018.


On April 11, 2019, a Notice stating that the Board intended to deny the application for

Registered Nurse was sent to Applicant via certified and first-class mail to Applicant’s address

of record. The Notice alleged that was dishonest on his application to the Board and that

applicant failed to cooperate with the Board’s investigation.

The Notice granted Applicant an opportunity for hearing if requested within sixty (60) days of



NOW THEREFORE, after consideration of its records and files related to this matter, the Board

enters the following Order:

I

FINDINGS OF FACT



1. On or about October 10, 2018, Applicant submitted an application to the Board and was

dishonest on his application. Applicant answered no to the following question: “Other than a

traffic ticket, have you ever been arrested, cited, or charged with an offense? “Records show

that Applicant was arrested for Battery in 2003.

2. On or about December 7, 2018, a letter was sent to Applicant requesting that he provide a

written statement and documents related to the Board’s investigation. Applicant failed to

provide the requested information.

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3. On or about December 26, 2018, a letter was sent to Applicant requesting that he schedule

an interview and provide a statement and documents related to the Board’s investigation.

Applicant did not schedule an interview and failed to provide the requested information.

4. On April 10, 2019, the Board reviewed the facts of the case against Applicant and voted to

issue a Notice of Proposed Denial of Registered Nurse.

5. On April 11, 2019, Board staff mailed a Notice of Proposed Denial of Registered Nurse to

Applicant via first-class and certified mail. The Notice granted Applicant sixty (60) days from

the date of the mailing of the Notice to request a hearing. The Notice also designated that the

agency file would be the record for purposes of default.

II

CONCLUSIONS OF LAW

1. That the Board has jurisdiction over Applicant, Lawrence Francis, and over the subject


2. That Applicant’s conduct is in violation of ORS 678.111(1)(f) and OAR 851-045-

0070(1)(b)(9)(a)(10)(a)(b)(c) which read as follows:



contested case:


indorsement, of any person may be refused or the license may be revoked or suspended

or the licensee may be placed on probation for a period specified by the Oregon State

Board of Nursing and subject to such condition as the board may impose or may be

issued a limited license or may be reprimanded or censured by the board, for any of the

following causes:






includes, but is not limited to:



(9) Conduct related to licensure or certification violations:

(a) Resorting to fraud, misrepresentation or deceit during the application process for

licensure or certification, while taking the examination for licensure or certification,

obtaining initial licensure or certification, or renewal of licensure or certification;

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privilege;


application for licensure or during the course of an investigation or any other question

asked by the Board;

(c) Failing to provide the Board with any documents requested by the Board;

3. That Applicant defaulted on the Notice by not requesting a hearing within the allotted sixty

(60) days and, as a result, pursuant to ORS 183.417(3), the Board may enter a Final Order by

Default.

III

ORDER



ORDERED that the Application for Registered Nurse is denied.

Dated this ___________day of June, 2019

FOR THE OREGON STATE BOARD OF NURSING

_________________________________________________________


Board President


rehearing may be obtained by filing a petition with the Board of Nursing within 60 days from

the service of this Order. Your petition shall set forth the specific grounds for reconsideration.

Reconsideration or rehearing is pursuant to the provisions in ORS 183.482.



Oregon Court of Appeals for review within 60 days from the date of service of this Order.

Judicial review is pursuant to the provisions of ORS 183.482 to the Oregon Court of Appeals.

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BEFORE THE OREGON



Gary Fuller, RN ) REPRIMAND OF LICENSE

)



regulating and disciplining certain health care providers, including Registered Nurse License.

Gary Fuller (Licensee) was issued a Registered Nurse License by the Board on April 3, 1992.

On or about October 5, 2018, the Board received a report alleging that while working as a

Registered Nurse at a long term care facility, Licensee had a pattern of wasting an excessive

number of medications and did not consistently follow facility policy for their documentation

and disposal. The Board opened an investigation.

Investigation revealed that Licensee wasted or dropped 57 doses of narcotic medication over a

5-month period. Licensee disposed of the wasted or dropped medication without a witness 24

times. On 19 occasions, Licensee asked certified nursing assistants to witness the disposal of

controlled substances, which was beyond the scope of their training, and in violation of the

facility’s policies. Staff stated Licensee sometimes asked them to sign off on wasting they did

not personally witness.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111 (1)(f) and

851-045-0070 (2)(a) and (3)(d) which read as follows:



contested case:












(a) Failing to conform to the essential standards of acceptable and prevailing nursing

practice. Actual injury need not be established;

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(d) Assigning persons to perform functions for which they are not prepared to perform or

that are beyond their scope of practice, authorized duties, or job functions;

Licensee admits that the above incidents occurred and constitute violations of the Nurse




That the Registered Nurse License of Gary Fuller be reprimanded.




Licensee understands that in the event he engages in future conduct resulting in violations of

law or the Nurse Practice Act, the Board may take further disciplinary action against his

license, up to and including revocation of his license to practice as a Registered Nurse.



Licensee understands that by signing this Stipulated Order, he waives the right to an



been used to induce him to sign this Order.




Gary Fuller, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON


In the Matter of ) FINAL ORDER OF DENIAL

Amy Garrett ) OF NURSING ASSISTANT

) CERTIFICATE BY DEFAULT

)

CNA Applicant ) Reference No. 19-00749


regulating, and disciplining certain health care providers, including Certified Nursing

Assistants. Amy Garrett (Applicant) applied for Nursing Assistant Certificate in the state of

Oregon on or about September 20, 2018.

The Board considered this matter at its meeting on June 12, 2019.

On April 11, 2019, a Notice stating that the Board intended to deny the application for a

Nursing Assistant Certificate was sent to Applicant via certified and first-class mail to

Applicant’s address of record. The Notice alleged that Applicant was dishonest with the Board

on her application and through the course of the Board’s investigation.

The Notice granted Applicant an opportunity for hearing if requested within sixty (60) days of



NOW THEREFORE, after consideration of its records and files related to this matter, the Board

enters the following Order:

-I-

FINDINGS OF FACT



1. Applicant was dishonest on her September 20, 2018, application to the Board. Applicant

wrote that she had been in remission from alcohol since October 6, 2016. Records obtained

through the course of the Board’s investigation show that Applicant last used alcohol on

November 10, 2018.

2. Applicant was dishonest during an interview with Board staff on February 6, 2019.

Applicant stated that she last used alcohol on or about October 6, 2016. Records obtained

through the course of the Board’s investigation show that Applicant last used alcohol on

November 10, 2018.

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3. Applicant was dishonest with the Board in a February 2019 email conversation with Board

staff. Applicant denied hitting her ex-spouse on the head during a June 20, 2010, altercation.

Records obtained through the course of the Board’s investigation show that Applicant hit her

ex-spouse on the head and that the ex-spouse’s injuries were visible and required medical

treatment.

4. Applicant was dishonest with the Board in a February 2019 email conversation with Board

staff. Applicant stated that she had consumed two alcoholic drinks an hour prior to the June 20,

2010, altercation. Records obtained through the course of the Board’s investigation show that

applicant had five alcoholic drinks prior to the altercation.

5. On April 10, 2019, the Board reviewed the facts of the case against Applicant and voted to

issue a Notice of Proposed Denial of Nursing Assistant Certificate.

6. On April 11, 2019, Board staff mailed a Notice of Proposed Denial of Nursing Assistant

Certificate to Applicant via first-class and certified mail. The Notice granted Applicant sixty

(60) days from the date of the mailing of the Notice to request a hearing. The Notice also

designated that the agency file would be the record for purposes of default.

II

CONCLUSIONS OF LAW

1. That the Board has jurisdiction over Applicant, Amy Garrett, and over the subject matter of

this proceeding.

2. That Applicant’s conduct is in violation of ORS 678.442(2)(f) and OAR 851-063-

0090(1)(b)(10)(b) which read as follows:


(2) In the manner prescribed in ORS chapter 183, the board may revoke or suspend a certificate

issued under this section or may reprimand a nursing assistant for the following reasons:


OAR 851-063-0090 Conduct Unbecoming a Nursing Assistant


fails to conform to the legal standard and accepted standards of the nursing assistant profession,

or who may adversely affect the health, safety or welfare of the public, may be found guilty of

conduct unbecoming a nursing assistant. Such conduct includes but is not limited to:

(1) Conduct, regardless of setting, related to general fitness to perform nursing assistant

authorized duties:


(10) Conduct related to the certification holder’s relationship with the Board:


application for certification, renewal of certification, during the course of an investigation, or

any other question asked by the Board;

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3. That Applicant defaulted on the Notice by not requesting a hearing within the allotted sixty

(60) days and, as a result, pursuant to ORS 183.417(3), the Board may enter a Final Order by

Default.

III

ORDER



ORDERED that the Application for a Nursing Assistant Certificate is denied.

Dated this ___________day of June 2019

FOR THE OREGON STATE BOARD OF NURSING

_________________________________________________________


Board President


rehearing may be obtained by filing a petition with the Board of Nursing within 60 days from

the service of this Order. Your petition shall set forth the specific grounds for reconsideration.

Reconsideration or rehearing is pursuant to the provisions in ORS 183.482.



Oregon Court of Appeals for review within 60 days from the date of service of this Order.

Judicial review is pursuant to the provisions of ORS 183.482 to the Oregon Court of Appeals.

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BEFORE THE OREGON



Jason Gilliland, RN ) PROBATION

)



regulating and disciplining certain health care providers, including Registered Nurses. Jason

Gilliland (Licensee) was issued a Registered Nurse license by the Oregon State Board of

Nursing on April 20, 2016.

On multiple occasions in 2019, Licensee used alcohol to an extent or in a manner dangerous or

injurious to the licensee. Upon review with Board staff of a recent chemical dependency

evaluation, Licensee agrees that a period of probation is appropriate.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111(1)(f)(g) and

OAR 851-045-0070(7)(c) which provide as follows:



contested case:




















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That the Registered Nurse license of Jason Gilliland be placed on Probation.

The Licensee’s compliance with this agreement will be monitored by the Oregon State

Board of Nursing from date of signature on the Stipulated Order. Licensee must

complete a twenty-four (24) month period of probation to begin upon Licensee’s return

to supervised nursing practice at the level of a Registered Nurse.

Licensee must practice a minimum of sixteen (16) hours per week and no more than one

(1.0) FTE in a setting where Licensee is able to exercise the full extent of scope of duties

in order to demonstrate whether Licensee is competent. Limited overtime may be

approved on occasion.


















institution.









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Stipulated Order.













expired.























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IT IS SO AGREED:

Jason Gilliland, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Theresa Hines, NP ) VOLUNTARY SURRENDER OF NURSE

PRACTITIONER CERTIFICATE

)

License No. 200850166NP ) Reference No. 19-00616


regulating and disciplining certain health care providers, including Nurse Practitioners.

Theresa Hines (Licensee) was issued a Nurse Practitioner License/Certificate by the Board on

December 02, 2008.

On or about 10/26/18 and 12/28/18, the Board received information that Licensee tested

positive on scheduled Peth tests. Licensee has missed 23 scheduled toxicology tests due to not

calling into to the IVR. During this period, licensee had stopped participation in the Health

Professional Services Program.

By the above actions, Licensee is subject to discipline pursuant to ORS 676.200 Board

participation in program; rules.

(1)(a) A health profession licensing board that is authorized by law to take disciplinary action

against licensees may adopt rules opting to participate in the impaired health professional

program established under ORS 676.190 and may contract with or designate one or more

programs to deliver therapeutic services to its licensees. which read as follows:

(3) A board that participates in the impaired health professional program shall review reports

received from the program. If the board finds that a licensee is substantially noncompliant with

a diversion agreement entered into under ORS 676.190, the board may suspend, restrict,

modify or revoke the licensee’s license or end the licensee’s participation in the impaired

health professional program.



contested case:


ORS 678.112 Impaired health professional program. Persons licensed to practice nursing

who elect not to participate in the impaired health professional program established under ORS

676.190 or who fail to comply with the terms of participation shall be reported to the Oregon

State Board of Nursing for formal disciplinary action under ORS 678.111. [1991 c.193 §2;

2007 c.335 §1; 2009 c.697 §7; 2009 c.756 §§32,94]




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(e) Failing to comply with the terms and conditions of Health Professionals’ Services Program

agreements.

OAR 851-070-0100 Substantial Non-Compliance Criteria

(1) The HPSP will report substantial non-compliance to the Board within one business day after

the HPSP learns of non-compliance, including but not limited to information that a licensee:

(d) Received a positive toxicology test result as determined by federal regulations pertaining to

drug testing or self-report of unauthorized substance use;

Licensee wishes to cooperate with the Board in this matter and voluntarily surrender her Nurse

Practitioner license.


to by Licensee:

That the voluntary surrender of the Nurse Practitioner certificate of Theresa Hines be

accepted. If, after a minimum of three years, Ms. Hines wishes to reinstate her Nurse

Practitioner certificate, she may submit an application to the Board to request

reinstatement.

Licensee agrees that she will not practice as a Nurse Practitioner from the date she signs this

Order.



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Theresa Hines, NP Date

ORDER

IT IS SO ORDERED:



Board President

Date

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Page 1 of 2 - Stipulated Order for Suspension; 19-00100

BEFORE THE OREGON



Patrick House, LPN ) SUSPENSION OF LICENSE

)




Patrick House (Licensee) was issued a Practical Nurse license by the Board on March 28,

2017.

In July 2018, Licensee was arrested and subsequently charged with Burglary in the First

Degree (two counts), Assault in the Third Degree, Theft in the First Degree, Unlawful Entry

into a Motor Vehicle, and Criminal Mischief in the Second Degree. In August 2018, Licensee

submitted a signed Interim Order by Consent with an effective date of August 03, 2018. In

January 2019, Licensee was convicted of Criminal Mischief in the Second Degree and all of

the other above-mentioned charges were dismissed.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111(1)(a)(f)(g)

and OAR 851-045-0070(1)(a) which provide as follows:



contested case:



placed on probation for a period specified by the Oregon State Board of Nursing and subject

to such condition as the board may impose or may be issued a limited license or may be


(a) Conviction of the licensee of crime where such crime bears demonstrable relationship to

the practice of nursing. A copy of the record of such conviction, certified to by the clerk of the

court entering the conviction, shall be conclusive evidence of the conviction.








(a) Demonstrated incidents of violent, abusive, intimidating, neglectful or reckless behavior


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That the Practical Nurse license of Patrick House be SUSPENDED for 300 days

commencing retroactively on August 03, 2018.


Order are considered by the Board to be of a grave nature and, if continued, constitutes a

serious danger to public health and safety.



license, up to and including revocation of his license to practice as a Licensed Practical Nurse.

Licensee understands that this Order will be submitted to the Board of Nursing for its








this Stipulated Order for Suspension.

Patrick House, LPN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Monique Jefferson, CNA ) VOLUNTARY SURRENDER

)




Assistants. Monique Jefferson (CNA) was issued a Nursing Assistant certificate by the Board

on June 24, 2011.

On or about October 2, 2018, CNA committed felony Assault in the Second Degree. In

December 2018, in response to Board staff’s questions about the about this incident, CNA

indicated that CNA had not committed Assault but had only acted in self-defense. On April 4,

2019, CNA was convicted of the above-mentioned felony Assault in the Second Degree;

however, CNA failure to report the conviction to the Board within ten days.

By the above actions, CNA is subject to discipline pursuant to ORS 678.442(2)(a)(d)(f) and

OAR 851-063-0090(8)(d)(o), (10)(b) which provide as follows:




reasons:

(a) Conviction of the certificate holder of a crime where such crime bears demonstrable

relationship to the duties of a nursing assistant. A copy of the record of such conviction,

certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the

conviction.








limited to:


(d) Abusing a person;

(o) Failure to report to the Board the CNA’s conviction of a misdemeanor or a felony crime

within ten days of the conviction.

(10) Conduct related to the certification holder’s relationship with the Board:


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application for certification, renewal of certification, during the course of an investigation, or

any other question asked by the Board

CNA wishes to cooperate with the Board in this matter and voluntarily surrender her Nursing

Assistant certificate. Therefore, the following will be proposed to the Oregon State Board of

Nursing and is agreed to by CNA:

That the voluntary surrender of the Nursing Assistant certificate of Monique Jefferson

be accepted. If, after a minimum of three years, CNA wishes to reinstate her Nursing

Assistant certificate, she may submit an application to the Board to request

reinstatement.

CNA agrees that she will not practice as a Certified Nursing Assistant from the date she signs

this Order.

CNA understands that this Order will be submitted to the Board of Nursing for its approval


CNA understands that by signing this Stipulated Order, she waives the right to an


thereof. CNA acknowledges that no promises, representations, duress or coercion have been

used to induce her to sign this Order.

CNA understands that this Order is a document of public record.

CNA has read this Stipulated Order, understands this Order completely, and freely signs this

Stipulated Order for Voluntary Surrender.

Monique Jefferson, CNA Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Kathleen Kretz, RN ) VOLUNTARY SURRENDER OF

) REGISTERED NURSE LICENSE


The Oregon State Board of Nursing (Board) is the state agency responsible for licensing, regulating and

disciplining certain health care providers, including Registered Nurses. Kathleen Kretz (Licensee) was

issued a Registered Nurse License/Certificate by the Board on May 06, 1997.

On or about April 22, 2019, the Board received information that Licensee failed to call into the IVR and

missed a scheduled toxicology test on April 19, 2019 and has missed call-ins and subsequent tests on

4/22/2019, 4/23/2019, 5/3/2019, and 5/15/2019.

As of April 17, 2019, Licensee has discontinued participation in the Health Professional Services

Program. Licensee was a self-referral into the HPSP on February 6, 2017.

Licensee has been unable to complete the HPSP requirements.

By the above actions, Licensee is subject to discipline pursuant to:

ORS 676.200 Board participation in program; rules.

(1)(a) A health profession licensing board that is authorized by law to take disciplinary action against

licensees may adopt rules opting to participate in the impaired health professional program established

under ORS 676.190 and may contract with or designate one or more programs to deliver therapeutic

services to its licensees.

(c) A board may adopt rules establishing additional requirements for licensees referred to the impaired

health professional program established under ORS 676.190 or a program with which the board has

entered into a contract or designated to deliver therapeutic services under subsection (1) of this section.

ORS 678.111 Causes for denial, revocation or suspension of license or probation, reprimand or censure

of licensee. In the manner prescribed in ORS chapter 183 for a contested case:

(1) Issuance of the license to practice nursing, whether by examination or by indorsement, of any person

may be refused or the license may be revoked or suspended or the licensee may be placed on probation

for a period specified by the Oregon State Board of Nursing and subject to such condition as the board

may impose or may be issued a limited license or may be reprimanded or censured by the board, for any

of the following causes:

ORS 678.112 Impaired health professional program. Persons licensed to practice nursing who elect not

to participate in the impaired health professional program established under ORS 676.190 or who fail to

comply with the terms of participation shall be reported to the Oregon State Board of Nursing for

formal disciplinary action under ORS 678.111. [1991 c.193 §2; 2007 c.335 §1; 2009 c.697 §7; 2009

c.756 §§32,94]



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Conduct that adversely affects the health, safety, and welfare of the public, fails to conform to legal

nursing standards, or fails to conform to accepted standards of the nursing profession, is conduct

derogatory to the standards of nursing. Such conduct includes, but is not limited to:



agreements.


(1) The HPSP will report substantial non-compliance to the Board within one business day after the

HPSP learns of non-compliance, including but not limited to information that a licensee:

(g) Entered into a monitoring agreement with HPSP, but failed to participate

(l) Violated any terms of the monitoring agreement

(2) The Board, upon being notified of a licensee’s substantial non-compliance will investigate and

determine the appropriate sanction, which may include a limitation of licensee’s practice and any other

sanction, up to and including termination from the HPSP and formal discipline.

Licensee wishes to cooperate with the Board in this matter and voluntarily surrender her Registered

Nurse license.

Therefore, the following will be proposed to the Oregon State Board of Nursing and is agreed to by

Licensee:

That the voluntary surrender of the Registered Nurse license of Kathleen Kretz be accepted. If,

after a minimum of three years, Ms. Kretz wishes to reinstate her Registered Nurse license, she

may submit an application to the Board to request reinstatement.

Licensee agrees that she will not practice as a Registered Nurse from the date she signs this Order.

Licensee understands that this Order will be submitted to the Board of Nursing for its approval and is

subject to the Board's confirmation.

Licensee understands that by signing this Stipulated Order, she waives the right to an administrative

hearing under ORS 183.310 to 183.540, and to any judicial review or appeal thereof. Licensee

acknowledges that no promises, representations, duress or coercion have been used to induce her to sign

this Order.


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Licensee has read this Stipulated Order, understands this Order completely, and freely signs this


Kathleen Kretz, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Danyelle Landry, RN ) PROBATION

)




Danyelle Landry (Licensee) was issued a Registered Nurse License/Certificate by the Oregon

State Board of Nursing on July 5, 2006.

On or about July 30, 2018, the Board received information from Licensee that Licensee was

arrested for DUII on July 12, 2018 and that she attempted to crush and inject her prescription

pain medicine that she was receiving as part of a pain management regimen. Additionally, she

admitted to taking her daughter’s prescribed Adderall and using a Fentanyl patch from a

friend.


ORS 678.111 Causes for denial, revocation or suspension of license or probation, reprimand

or censure of licensee. In the manner prescribed in ORS chapter 183 for a contested case:

(1) Issuance of the license to practice nursing, whether by examination or by indorsement,

of any person may be refused or the license may be revoked or suspended or the licensee may

be placed on probation for a period specified by the Oregon State Board of Nursing and

subject to such condition as the board may impose or may be issued a limited license or may

be reprimanded or censured by the board, for any of the following causes:

(a) Conviction of the licensee of crime where such crime bears demonstrable relationship

to the practice of nursing. A copy of the record of such conviction, certified to by the clerk of

the court entering the conviction, shall be conclusive evidence of the conviction.

(e) Impairment as defined in ORS 676.303.





(b) Practicing nursing when physical or mental ability to practice is impaired by use of a

prescription or non-prescription medication, alcohol, or a mind-altering substance; or




8) Conduct related to other federal or state statute or rule violations:

(k) Possessing, obtaining, attempting to obtain, furnishing, or administering prescription or

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controlled medications to any person, including self, except as directed by a person authorized

by law to prescribe medications;





That the Registered Nurse License/Certificate license of 200641652RN be placed on

Probation. The Licensee’s compliance with this agreement will be monitored by the Oregon

State Board of Nursing from date of signature on the Stipulated Order. Licensee must

complete a twenty-four (24) month period of probation to begin upon Licensee’s return to

supervised nursing practice at the level of a Registered Nurse. Licensee must practice a

minimum of sixteen (16) hours per week and no more than one (1.0) FTE in a setting where

Licensee is able to exercise the full extent of scope of duties in order to demonstrate whether

or not Licensee is competent. Limited overtime may be approved on occasion.


















institution.



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13) Licensee: shall not have access to narcotics or controlled substances, carry the keys to

narcotics storage, or administer narcotics at any time or under any circumstances or until

Licensee receives written approval from Board staff.















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Stipulated Order.













expired.














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IT IS SO AGREED:

Danyelle Landry, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Jennifer Lavassaur, RN ) REPRIMAND OF LICENSE

)



regulating and disciplining certain health care providers, including Registered Nurse Licenses.

Jennifer Lavassaur (Licensee) was issued a Registered Nurse License by the Board on July 13,

2017.

On or about November 10, 2018, Licensee made a self-report to the Board about an incident

which occurred while she was on duty providing care to a patient. On August 28, 2018,

Licensee took a photograph of a patient’s injury with her personal cell phone and sent the

photograph to another staff person, without a medical or business need to do so.

Licensee expressed great remorse for her action and reported her own actions to her employer,

took responsibility for her actions and took additional training recommended by the Board on

patient privacy and professional boundaries.


OAR 851-045-0070(3)(k) which reads as follows:



contested case:


indorsement, of any person may be refused or the license may be revoked or


Oregon State Board of Nursing and subject to such condition as the board may impose

or may be issued a limited license or may be reprimanded or censured by the board, for



OAR 851-045-0070 Conduct Derogatory to the Standards of Nursing Defined Conduct that adversely affects the health, safety, and welfare of the public, fails to conform to




(k) Failing to respect the dignity and rights of clients, inclusive of social or economic

status, age, race, religion, gender, gender identity, sexual orientation, national origin,

nature of health needs, physical attributes, or disability.

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That the Registered Nurse License of Jennifer Lavassaur be reprimanded.






license, up to and including revocation of her license to practice as a Registered Nurse.










_____________________________________ ______________________________________________

Jennifer Lavassaur, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Machala Loving, CNA ) REPRIMAND OF CERTIFICATE

)



regulating and disciplining certain health care providers, including Certified Nursing Assistant

Certificates. Machala Loving (CNA) was issued a Certified Nursing Assistant Certificate by

the Board on September 01, 2017.

On or about December 14, 2018, CNA self-reported to the Board that she failed to follow a

patient’s care plan for checks at routine intervals during NOC shift. As a result, when the

patient fell and injured herself during the night, she was not discovered until the following

morning.


851-063-0090(2)(a), (3)(a)(b) which read as follows:




reasons:







limited to:


(a) Failing to conform to the essential standards of acceptable and prevailing nursing assistant

performance of duties. Actual injury need not be established.

(3) Conduct related to client safety and integrity:

(a) Failing to take action to preserve or promote a person’s safety based on nursing assistant

knowledge, skills, and abilities;

(b) Failing to implement the plan of care developed by the registered nurse

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CNA wishes to cooperate with the Board in this matter. Therefore, the following will be

proposed to the Oregon State Board of Nursing and is agreed to by CNA:

That the Certified Nursing Assistant Certificate of Machala Loving be reprimanded.

CNA understands that the conduct resulting in the violations of law described in this Order are

considered by the Board to be of a grave nature and, if continued, constitutes a serious danger

to public health and safety.

CNA understands that in the event she engages in future conduct resulting in violations of law

or the Nurse Practice Act, the Board may take further disciplinary action against her

certificate, up to and including revocation of her certificate to practice as a Certified Nursing

Assistant Certificate.









Stipulated Order for Reprimand.

Machala Loving, CNA Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Thomas Martin, RN ) VOLUNTARY SURRENDER

)



regulating and disciplining certain health care providers, including Registered Nurses. Thomas

Martin (Licensee) was issued a Registered Nurse License by the Board on February 13, 2014.

On or about November 9 2016, the Board received information that Licensee was diagnosed

with Mental and Chemical Dependence issues.

On April 10, 2019 the Board allowed entry into the Health Professional Services Program

(HPSP).

Licensee has been unable to comply with the terms and conditions of the HPSP. By the above

actions, Licensee is subject to discipline pursuant to:



















(1) The HPSP will report substantial non-compliance to the Board within one business day

after the HPSP learns of non-compliance, including but not limited to information that a

licensee:

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(g) Entered into a monitoring agreement with HPSP, but failed to participate or discontinued

participation in HPSP;

(l) Violated any terms of the monitoring agreement;

Licensee wishes to cooperate with the Board in this matter and voluntarily surrender his



to by Licensee:

That the voluntary surrender of the Registered Nurse license of Thomas Martin be

accepted. If, after a minimum of three years, Mr. Martin wishes to reinstate his

Registered Nurse license, he may submit an application to the Board to request

reinstatement.

Licensee agrees that he will not practice as a Registered Nurse from the date he signs this

Order.








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Thomas Martin, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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Page 1 of 2 - Stipulated Order for Withdrawal of Application; 19-00915

BEFORE THE OREGON



Stevon McBride, CNA Applicant ) WITHDRAWAL OF CERTIFIED

) NURSING ASSISTANT APPLICATION



regulating and disciplining certain health care providers, including Certificate Holders. Stevon

McBride (Applicant) applied for a Certified Nursing Assistant (CNA) certificate on November

29, 2018.

Applicant failed to respond fully and accurately to the Board’s application questions about his

arrest history and use of alcohol.

Applicant does not meet the Board’s requirements for certification at this time, based on the

results of a recent evaluation for an alcohol use disorder.

By the above actions, Applicant is subject to ORS 678.442(2)(b)(c)(d), ORS 676.303(b), and

OAR 851-062-0030 (2)(4), and which read as follows:




reasons:

(b) Any willful fraud or misrepresentation in applying for or procuring a certificate or

renewal thereof.

(c) Impairment as defined in ORS 676.303.


ORS 676.303 Purposes of health professional regulatory boards; authority of boards to

require fingerprints

(b) “Impairment” means an inability to practice with reasonable competence and safety due

to the habitual or excessive use of drugs or alcohol, other chemical dependency or a mental

health condition.

OAR 851-062-0030 Limits on Eligibility for Certification

(2) If an applicant has been arrested, charged or convicted of any criminal offense, a

determination shall then be made as to whether the arrest, charge or conviction bears a

demonstrable relationship to the performance of nursing assistant duties, in which case

certification may be denied.

(4) If the applicant falsifies an application, supplies misleading information or withholds

information, such action may be grounds for denial or revocation.

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Page 2 of 2 - Stipulated Order for Withdrawal of Application; 19-00915

Applicant wishes to cooperate with the Board in this matter. Therefore, the following will be

proposed to the Oregon State Board of Nursing and is agreed to by Applicant:

That Stevon McBride’s application for Nursing Assistant Certificate be withdrawn.

Applicant understands that this Stipulated Order will be submitted to the Board of Nursing for


Applicant understands that by signing this Stipulated Order, applicant waives the right to an


thereof.

Applicant acknowledges that no promises, representations, duress or coercion have been used

to induce applicant to sign this Stipulated Order.

Applicant understands that this Stipulated Order is a document of public record.

Applicant has read this Stipulated Order, understands this Stipulated Order completely, and

freely signs this Stipulated Order for Withdrawal of Application.

IT IS SO AGREED:

Stevon McBride Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Anne Meeks, RN ) VOLUNTARY SURRENDER

)



regulating and disciplining certain health care providers, including Registered Nurses. Anne

Meeks (Licensee) was issued a Registered Nurse License/Certificate by the Board on February

02, 2009.

On April 19, 2019, Board staff contacted Licensee after receiving multiple positive urinology

tests, (UA’s) with high levels of ETS/ETG indicative of alcohol consumption. Licensee

initially denied drinking, until a further blood test returned positive for alcohol. Licensee then

admitted she had drank on and off beginning with a birthday celebration on December 22,

2019.

Licensee has decided to voluntarily surrender her Registered Nurse license and seek treatment

to get her health back on track.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111 (1)(f), and

OAR 851-045-0070 (10)(b)(c)(d), which reads as follows:


censure of licensee. In the manner prescribed by ORS chapter 183 for a contested case: (1)

Issuance of the license to practice nursing, whether by examination or by endorsement, of any

person may be refused or the license may be placed on probation for a period specified by the

Oregon State Board of Nursing and subject to such conditions as the Board may impose or

may be issued a limited license or may be reprimanded or censured by the Board, for any of

the following causes:


OAR 851-045-0070 Nurses, regardless of role, whose behavior fails to conform to the legal

standard and accepting standards of the nursing profession, or who may adversely affect the

health, safety, and welfare of the public, may be found guilty of conduct derogatory to the

standards of nursing. Such conduct shall include, but is not limited to the following:

(10) Conduct related to the Licensee's relationship with the Board.


application for licensure or during the course of an investigation or any other question asked

by the Board;




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(d) Violating the terms and conditions of a Board order.

Licensee wishes to cooperate with the Board in this matter and voluntarily surrender her



to by Licensee:

That the voluntary surrender of the Registered Nurse license of Anne Meeks be accepted.

If, after a minimum of three years, Ms. Meeks wishes to reinstate her Registered Nurse

license, she may submit an application to the Board to request reinstatement.

Licensee agrees that she will not practice as a Registered Nurse from the date she signs this

Order.










Anne Meeks, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Thomas Mulcahy, LPN ) PROBATION

)



regulating and disciplining certain health care providers, including License Practical Nurses.

Thomas Mulcahy (Licensee) was issued a Practical Nurse license by the Oregon State Board

of Nursing on August 7, 2015.

In 2006, Mulcahy was arrested for Driving Under the Influence of Intoxicants (DUII) and

subsequently pled guilty to that charge. In November 2017, Mulcahy was arrested for DUII

again and was subsequently convicted of that charge. Upon review with Board staff of a

recent chemical dependency evaluation, Licensee agrees that a period of probation is

appropriate.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111(1)(a)(f)(g)

and OAR 851-045-0070(7)(c) which provide as follows:



contested case:






(a) Conviction of the licensee of crime where such crime bears demonstrable relationship to

the practice of nursing. A copy of the record of such conviction, certified to by the clerk of the

court entering the conviction, shall be conclusive evidence of the conviction.











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That the Practical Nurse license of Thomas Mulcahy be placed on Probation. The Licensee’s

compliance with this agreement will be monitored by the Oregon State Board of Nursing from

date of signature on the Stipulated Order. Licensee must complete a twenty-four (24) month

period of probation to begin upon Licensee’s return to supervised nursing practice at the level

of a License Practical Nurse. Licensee must practice a minimum of sixteen (16) hours per

week and no more than one (1.0) FTE in a setting where Licensee is able to exercise the full

extent of scope of duties in order to demonstrate whether Licensee is competent. Limited

overtime may be approved on occasion.


















institution.






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Monitor/Supervisor training. Licensee shall be employed in a setting where Licensee’s

nursing supervisor agrees to submit written evaluations of work performance (on forms

provided by the Board) every three (3) months during the probationary period. The quarterly

evaluation is expected to be received by Board staff within ten (10) days of the due date. If the

evaluation is not timely received, Board staff will contact the employer with a reminder. If

Board staff is not in receipt of the report within five (5) business days from the reminder date,

Licensee may be restricted from practicing as a nurse.




























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Stipulated Order.













expired.



















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Licensee’s license to practice as a Practical Nurse.








IT IS SO AGREED:

Thomas Mulcahy, LPN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON


In the Matter of ) STIPULATED ORDER FOR THREE

MONTHS SUSPENSION AND

Diane Panian, RN ) PROBATION

)


The Oregon State Board of Nursing (Board) is the state agency responsible for

licensing, regulating and disciplining certain health care providers, including

Registered Nurses. Diane Panian (Licensee) was issued a Registered Nurse

License/Certificate by the Oregon State Board of Nursing on August 30, 1983.

On or about December 12, 2018, the Board received information that Licensee,

Diane Panian, RN, was terminated from a home health agency for mishandling

of a patient.

By the above actions, Licensee may be subject to discipline pursuant to:

ORS 678.111 Causes for denial, revocation or suspension of license or

probation, reprimand or censure of licensee. In the manner prescribed in

ORS chapter 183 for a contested case:


indorsement, of any person may be refused or the license may be revoked or

suspended or the licensee may be placed on probation for a period specified by

the Oregon State Board of Nursing and subject to such condition as the board

may impose or may be issued a limited license or may be reprimanded or

censured by the board, for any of the following causes:


OAR 851-045-0070 Conduct Derogatory to the Standards of Nursing

Defined

Conduct that adversely affects the health, safety, and welfare of the public,

fails to conform to legal nursing standards, or fails to conform to accepted

standards of the nursing profession, is conduct derogatory to the standards

of nursing. Such conduct includes, but is not limited to:


(a) Demonstrated incidents of violent, abusive, intimidating, neglectful or

reckless behavior; or


(k) Failing to respect the dignity and rights of clients, inclusive of social or

economic status, age, race, religion, gender, gender identity, sexual orientation,

national origin, nature of health needs, physical attributes, or disability;

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Licensee admits that the above allegations occurred and constitute violations of

the Nurse Practice Act. Licensee wishes to cooperate with the Board in

resolving the present disciplinary matter. The following will be proposed to the

Oregon State Board of Nursing and is agreed to by Licensee:

That the Registered Nurse License of 083039818RN be placed on three months

suspension, with subsequent Probation. Time accrued since entering an ICO

agreement on March 15, 2019, will be recognized as time earned towards the

three month suspension. The Licensee’s compliance with this agreement will be

monitored by the Oregon State Board of Nursing from date of signature on the

Stipulated Order. Licensee must complete a twelve (12) month period of

probation to begin upon Licensee’s return to supervised nursing practice at the

level of a Registered Nurse. Licensee must practice a minimum of sixteen (16)

hours per week and no more than one (1.0) FTE in a setting where Licensee is

able to exercise the full extent of scope of duties in order to demonstrate

whether or not Licensee is competent. Limited overtime may be approved on

occasion.


1) Licensee shall not violate the Nurse Practice Act (ORS 678) or the rules

adopted thereunder.

2) Licensee shall have thirty-six (24) months from Board acceptance of this

Stipulated Order to complete twelve (12) months of monitored practice.

3) Licensee shall notify Board staff, in writing, prior to any change of address or

employment setting, during the probation period.


5) Licensee shall complete the following courses through the National Council

of State Boards of Nursing: “Righting a Wrong – Ethics & Professionalism in

Nursing”, “Professional Boundaries in Nursing”, and “Professional

Accountability & Legal Liability for Nurses”.

All courses shall be pre-approved by Board staff, and Licensee shall provide

proof of completion of each course either through certificates of completion or

transcripts. Should Licensee fail to complete these courses within the required

time of 60 days, Licensee shall be referred back to the Board for consideration

of further disciplinary action.

6) Licensee shall inform Board staff in advance of any absences from Oregon

and/or move from Oregon to another licensing jurisdiction. If Licensee leaves

the State and is unable to practice in the State of Oregon, Licensee’s

probationary status will be re-evaluated.

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7) Licensee shall appear in person or by phone, to designated Board staff for

interviews on a monthly basis during the probationary period. Frequency of

contact may be reviewed and revised periodically at the discretion of Board

staff.

8) Licensee shall notify Board staff of any citations, arrests, or convictions for

any offense, whether a felony, misdemeanor, violation, or citation within seven

(7) days of the occurrence.

9) Licensee will not look for, accept, or begin a new nursing position without

the approval of Board staff. This includes changes of the employer itself or

changes within the facility or institution.

10) Licensee shall inform current and prospective employers of the probationary

status of Licensee’s license, the reasons for Licensee’s probation, and terms and

conditions of probation. If there is a Nurse Executive, that person is to be

informed of Licensee's probationary status. The Nurse Executive will receive a

copy of the Stipulated Order for Probation when Licensee is employed.

11) Licensee shall work under the direct observation of another licensed

healthcare professional, who is aware that the individual is on probation, who is

working in the same physical location (e.g. clinic, unit, building, etc.), is readily

available to observe Licensee’s practice and provide assistance and who has

taken the required Board approved Monitor/Supervisor training. Licensee shall

be employed in a setting where Licensee’s nursing supervisor agrees to submit

written evaluations of work performance (on forms provided by the Board)

every three (3) months during the probationary period. The quarterly evaluation

is expected to be received by Board staff within ten (10) days of the due date. If

the evaluation is not timely received, Board staff will contact the employer with

a reminder. If Board staff is not in receipt of the report within five (5) business

days from the reminder date, Licensee may be restricted from practicing as a

nurse.

12) Between quarterly reporting periods, the Nurse Executive or a person

designated by Licensee’s employer, shall inform Board staff of any instance of

the Licensee’s non-compliance with the terms and conditions of this Stipulated

Order, or of any other concern there may be regarding Licensee’s work-related

conduct or personal behavior that may affect Licensee’s ability to practice as a

nurse.

13) Licensee shall notify Board staff when there is a change in status of

employment including resignations or terminations.

14) Licensee shall not work in any practice setting in which on-site

monitoring is not available. This generally includes home health agencies,

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traveling agencies, nursing float pools, temporary agencies, assisted living

facilities, adult foster care, independent consulting contracts, home hospice,

and night shifts outside of acute care settings.

15) Licensee shall not be a nursing faculty member or an advance practice

preceptor.

16) Licensee shall not be approved for enrollment in clinical practicum hours

for the purposes of obtaining an additional degree or license.

17) Licensee shall cease practicing as a nurse if there are concerns about

Licensee’s ability to practice safely or at the request of Board staff. Practice

may resume when approved by the Board staff, in consultation with Licensee’s

employer.

18) Licensee shall cooperate fully with the Board in the supervision and

investigation of Licensee’s compliance with the terms and conditions of this

Stipulated Order.

Licensee understands that the conduct resulting in the violations of law,

described in this Stipulated Order are considered by the Board to be of a grave

nature and if continued, constitutes a serious danger to public health and safety.

Licensee also understands that in the event Licensee engages in future conduct

resulting in violations of the law or terms of probation the Board may take

further disciplinary action against Licensee’s license, up to and including

revocation of Licensee’s license to practice as a Registered Nurse.

Licensee understands that this Stipulated Order will be submitted to the Board

of Nursing for approval and is subject to the Board's confirmation.

Licensee understands that by signing this Stipulated Order, Licensee waives the

right to an administrative hearing under ORS 183.310 to 183.540, and to any

judicial review or appeal thereof. Licensee acknowledges that no promises,

representations, duress or coercion have been used to induce Licensee to sign


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Licensee has read this Stipulated Order, understands the Stipulated Order

completely, and freely signs the Stipulated Order.

IT IS SO AGREED:

Diane Panian, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Janis Petrie, CNS - PP ) VOLUNTARY SURRENDER

)

License No. 200450014NP

201070011CNS-PP, 200440305RN

)

)

)

Reference No. 18-00591


regulating and disciplining certain health care providers, including Nurse Practitioners. Janis

Petrie (Licensee) was issued a Registered Nurse license and a Nurse Practitioner license on

March 15, 2004, and a Clinical Nurse Specialist License by the Board on August 30, 2010.

On or about October 10, 2017, Licensee was reported to the Board for failing to release client

health records. The Board opened an investigation into the matter.

Through the course of the Board’s investigation it was found that Licensee failed to release a

client’s health record. Additionally, it was found that between April and June of 2017,

Licensee’s documentation failed to clearly identify patients, failed to include examinations,

clinical findings, treatment plans and plans of care.

Ms. Petrie, while not admitting or denying the allegations in this matter, wishes to cooperate

with the Board in bringing this matter to a close. Ms. Petrie, therefore wishes, to enter into a

Stipulated Order For Voluntary Surrender through which she will surrender her Registered

Nurse License, her Nurse Practitioner license and her Clinical Nurse Specialist licenses.

That being the case, the Board finds as follows:


OAR 851-045-0070(2)(a)(4)(b)(C)(g)(8)(r) which read as follows:












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reasonable time period;

(C) Failing to document information pertinent to a client’s care;

(g) Failing to communicate information regarding the client’s status to other individuals who

are authorized to receive information and have a need to know.


(r) Failure to release a client’s health record within 60 days from receipt of written notice for

release of records. This includes requests for records after closure of practice;

The following will, therefore, be proposed to the Oregon State Board of Nursing and is agreed

to by Licensee:

That the voluntary surrender of the Registered Nurse, Nurse Practitioner and Clinical

Nurse Specialist licenses of Janis Petrie be accepted. If, after a minimum of three years,

Ms. Petrie wishes to reinstate her Registered Nurse, Nurse Practitioner or Clinical Nurse

Specialist, license she may submit an application to the Board to request reinstatement.

Licensee agrees that she will not practice as a Registered Nurse, Nurse Practitioner or Clinical

Nurse Specialist from the date the Board Chair signs this Order.

Licensee agrees that this Stipulated Order For Voluntary Surrender covers all complaints

received by the Board through, and including, May 28, 2019, but that any complaints received

thereafter may, and will, be considered by the board for purposes of future investigation.







///

///

///

///

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Janis Petrie, RN, NP, CNS – PP Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Christine Rivera, RN ) PROBATION

)




Christine Rivera (Licensee) was issued a Registered Nurse License/Certificate by the Oregon

State Board of Nursing on July 7, 2008.

On or about February 4, 2015, Licensee self-reported to the Board that she received a DUII on

January 21, 2015. This was a 4th DUII.

Licensee was approved for entry into the HPSP on 6/15/15 with a diagnosis of substance use

disorder, moderate.

Licensee tested positive on a Peth test on 7/24/18 for alcohol. Licensee was extended in the

HPSP for an additional period to 7/24/20 in order to meet two years of continuous compliance

required for Program completion.

A second positive Peth test was reported to the Board on 3/7/19 for alcohol.

Licensee has not been able to maintain compliance with her agreement in the HPSP.


676.200 Board participation in program; rules.

(1)(a) A health profession licensing board that is authorized by law to take disciplinary action

against licensees may adopt rules opting to participate in the impaired health professional

program established under ORS 676.190 and may contract with or designate one or more

programs to deliver therapeutic services to its licensees.

(3) A board that participates in the impaired health professional program shall review reports

received from the program. If the board finds that a licensee is substantially noncompliant with

a diversion agreement entered into under ORS 676.190, the board may suspend, restrict,

modify or revoke the licensee’s license or end the licensee’s participation in the impaired

health professional program.

678.111 Causes for denial, revocation or suspension of license or probation, reprimand or



678.112 Impaired health professional program. Persons licensed to practice nursing who elect

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not to participate in the impaired health professional program established under ORS 676.190

or who fail to comply with the terms of participation shall be reported to the Oregon State

Board of Nursing for formal disciplinary action under ORS 678.111. [1991 c.193 §2; 2007

c.335 §1; 2009 c.697 §7; 2009 c.756 §§32,94]

851-045-0070 Conduct Derogatory to the Standards of Nursing Defined






agreements.

851-070-0100 Substantial Non-Compliance Criteria

(1) The HPSP will report substantial non-compliance to the Board within one business day

after the HPSP learns of non-compliance, including but not limited to information that a

licensee:

(d) Received a positive toxicology test result as determined by federal regulations pertaining to

drug testing or self-report of unauthorized substance use;

(l) Violated any terms of the monitoring agreement

(2) The Board, upon being notified of a licensee’s substantial non-compliance will investigate

and determine the appropriate sanction, which may include a limitation of licensee’s practice

and any other sanction, up to and including termination from the HPSP and formal discipline.





That the Registered Nurse License/Certificate license of Licensee be placed on Probation. The

Licensee’s compliance with this agreement will be monitored by the Oregon State Board of

Nursing from date of signature on the Stipulated Order. Licensee must complete a twenty-four

(24) month period of probation to begin upon Licensee’s return to supervised nursing practice

at the level of a Registered Nurse. Licensee must practice a minimum of sixteen (16) hours per


extent of scope of duties in order to demonstrate whether or not Licensee is competent.

Limited overtime may be approved on occasion.






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institution.
























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13) Licensee: shall not have access to narcotics or controlled substances, carry the keys to

narcotics storage, or administer narcotics at any time or under any circumstances or until

Licensee receives written approval from Board staff.



























Stipulated Order.










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expired.

























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IT IS SO AGREED:

Christine Rivera, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Joanne Rutland, NP ) VOLUNTARY SURRENDER

)

License No. 201400760DP, 200150043NP,

099000440RN



regulating and disciplining certain health care providers, including Nurse Practitioners. The

Board issued to Joanne Rutland (Licensee) a Registered Nurse license on July 14, and a Nurse

Practitioner certificate on April 30, 2001.

Licensee reported that she sustained a serious medical condition which limits her ability to

practice at this time. Licensee signed an Interim Order on March 14, 2018, voluntarily removing

herself from practice.

Licensee now requests to surrender her Registered Nurse and Nurse Practitioner licenses, based

on ORS 678.111(1)(i) which reads as follows:








(i) Physical condition that makes the licensee unable to conduct safely the practice for

which the licensee is licensed.

Therefore, the following will be proposed to the Oregon State Board of Nursing and is agreed to

by Licensee:

That the voluntary surrender of the Registered Nurse and Nurse Practitioner license of

Joanne Rutland be accepted. If, after a minimum of two years, Ms. Rutland wishes to

reinstate her Registered Nurse and/or her Nurse Practitioner license, she may submit an

application to the Board to request reinstatement.

Licensee agrees that she will not practice as a Registered Nurse or Nurse Practitioner from the

date she signs this Order.



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thereof.

Licensee acknowledges that no promises, representations, duress or coercion have been used to

induce her to sign this Order.


Licensee has read this Stipulated Order, understands this Order completely, and freely signs this


Joanne Rutland Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Tiffany Sanders, CNA ) VOLUNTARY SURRENDER

)




Assistants. Tiffany Sanders (CNA) was issued a Certified Nursing Assistant certificate by the

Board on July 29, 2016.

On or about February 7, 2019, the Board received information alleging that CNA had

financially exploited a patient. An investigation was opened into the matter.

Records obtained through the course of the Board’s investigation show that between August of

2018 and January of 2019, the patient willingly gave CNA $4,800.00 in the form of several

personal checks.

In an interview with Board staff on May 1, 2019, CNA explained that she was experiencing

financial difficulties and that she did in fact accept $4,800.00 from the patient.


851-063-0090(3)(k)(8)(l) which reads as follows:




reasons:







limited to:

(3) Conduct related to client safety and integrity:

(k) Failing to maintain professional boundaries.


(l) Using one’s role or title as a nursing assistant to solicit or borrow money, materials,

property or possessions from a client or the client’s family for personal gain or sale;

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CNA wishes to cooperate with the Board in this matter and voluntarily surrender her Certified

Nursing Assistant certificate.


to by CNA:

That the voluntary surrender of the Certified Nursing Assistant certificate of Tiffany

Sanders be accepted. If, after a minimum of three years, Ms. Sanders wishes to reinstate

her Certified Nursing Assistant certificate, she may submit an application to the Board to

request reinstatement.

CNA agrees that she will not practice as a Certified Nursing Assistant from the date she signs

this Order.










Tiffany Sanders, CNA Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Mark Smith, RN ) REPRIMAND OF REGISTERED NURSE

LICENSE

)



regulating and disciplining certain health care providers, including Registered Nurse License.

Mark Smith (Licensee) was issued a Registered Nurse License by the Board on November 17,

1993.

On or about January 12, 2018, the Board received information that from December 2, 2017 to

December 6, 2017, Licensee failed to timely document input and output data on a critically ill

patient, as ordered.

Review of the patient chart revealed lack of timely and complete documentation related to this

patient and care provided which resulted in a delay of pertinent information to the healthcare

team.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111 (1)(f)(g) and

OAR 851-045-0070 (2)(a), (3)(a)(b)(c), (4)(a)(b) and (f) which read as follows:















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(a) Developing, modifying, or implementing policies that jeopardize client safety;

(b) Failing to take action to preserve or promote the client’s safety based on nursing

assessment and judgment;



(a) Failure to accurately document nursing interventions and nursing practice implementation;



reasonable time period;

(f) Failing to communicate information regarding the client’s status to members of the health

care team in an ongoing and timely manner as appropriate to the context of care; or



That the Registered Nurse License/Certificate License of Mark Smith be Reprimanded.


are considered by the Board to be of a serious nature and, if continued, constitutes a serious




license, up to and including revocation of his license to practice as a Registered Nurse

License/Certificate.







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Mark Smith, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Brenda Torres, RN ) SUSPENSION OF LICENSE

)



regulating and disciplining certain health care providers, including Registered Nurses. Brenda

Torres (Licensee) was issued a Registered Nurse License by the Board on July 20, 2009.

On or about February 4, 2019, the Board received information that Licensee, who was the

Owner/Licensee of an Adult Foster Care (AFC) home, failed to supervise AFC staff or verify

information in resident records. Licensee’s lack of oversight resulted in her failure to identify

ongoing diversion of narcotics by AFC staff in addition to financial exploitation and resident

neglect.

By the above actions, Licensee is subject to discipline pursuant to ORS 678.111(1)(f), OAR

851-045-0070(2)(a), (3)(h)(k) and (8)(e), which read as follows:



contested case:







OAR 851-045-0070 Conduct Derogatory to the Standards of Nursing Defined. Conduct

that adversely affects the health, safety, and welfare of the public, fails to conform to legal

nursing standards, or fails to conform to accepted standards of the nursing profession, is



(a) Failing to conform to the essential standards of acceptable and prevailing nursing

practice. Actual injury need not be established;


(h) Failing to clinically supervise a UAP to whom a nursing procedure has been delegated.

(k) Failing to respect the dignity and rights of clients, inclusive of social or economic

status, age, race, religion, gender, gender identity, sexual orientation, national origin, nature of

health needs, physical attributes, or disability;


(e) Neglecting a client;

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That the Registered Nurse license of Brenda Torres be SUSPENDED for 30 days,

commencing five business days from the date this Order is signed by the Oregon State

Board of Nursing.






license, up to and including revocation of her license to practice as a Registered Nurse.









this Stipulated Order for Suspension.

Brenda Torres, RN Date

ORDER

IT IS SO ORDERED:



Board President

Date

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BEFORE THE OREGON



Sarah Webber, RN ) BY DEFAULT FOR


)



regulating and disciplining certain health care providers, including Registered Nurses. Sarah

Webber (Licensee) was issued a Registered Nurse License by the Board on March 14, 2017.


On May 7, 2019, a notice stating that the Board intended to suspend the Registered Nurse

License of Licensee was sent to Licensee's address of record via certified and first-class mail.

The Notice alleged that Sarah Webber failed to cooperate with the Board during the course of

an investigation.






-I-

FINDINGS OF FACT



1. Licensee was issued a Registered Nurse License in the state of Oregon on March 14,

2017.

2. On or about December 27, 2018, Licensee was reported to the Board on allegations she

was impaired at work on or about October 31, 2018 while working at a pediatric

hospital and that she tested positive for marijuana in a for-cause drug screen. The

Board opened an investigation into the matter.

3. On January 3, 2019, Board staff mailed a letter to Licensee’s address of record

requesting that she schedule an interview to discuss the allegations. Licensee was

further instructed to send a written statement regarding the allegations and a current

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work history. Licensee failed to schedule an interview and did not provide any

documents to the Board.

4. On January 28, 2019, a second letter was sent to Licensee’s address of record

requesting that she contact the Board within five (5) business days to schedule an

interview to discuss the allegations. Licensee was also asked to send a written

statement regarding the allegations and provide a current work history.

5. On February 7, 2019, Licensee contacted Board staff to schedule an interview,

informed Board staff she no longer resided in the state of Oregon and asked that her

interview be conducted by phone. Licensee scheduled a telephone interview for April

23, 2019.

6. During her telephone interview on April 23, 2019, Licensee disconnected the call

before the conclusion of her interview and attempts to reconnect with Licensee to

continue her interview went unanswered.

7. Licensee failed to provide a written statement regarding the allegations or a current

work history.

8. On May 7, 2019, Board staff mailed a Notice of Proposed Suspension to Licensee via




9. Licensee failed to respond to the Notice of Proposed Suspension within the required


expired and she is in default.

-II-

CONCLUSIONS OF LAW

1. That the Board has jurisdiction over the Licensee, Sarah Webber, and over the subject







contested case:




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privilege.


3. That Licensee defaulted on the Notice by not requesting a hearing within the allotted

twenty (20) days and, as a result, pursuant to ORS 183.417(3), the Board may enter a

Final Order by Default.

-III-

ORDER



ORDERED that the Registered Nurse License of Sarah Webber is SUSPENDED for a


signed, and shall continue until such time as Sarah Webber has fully cooperated with


Sarah Webber, the Licensee would be subject to whatever terms and conditions the

Board may impose.



_______________________________


Board President

TO: SARAH WEBBER:


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BEFORE THE OREGON



Crystal Whited, RN ) BY DEFAULT FOR


)



regulating and disciplining certain health care providers, including Registered Nurses. Crystal

Whited (Licensee) was issued a Registered Nurse License by the Board on November 01,

2012.


On April 24, 2019, a Notice stating that the Board intended to suspend the Registered Nurse

License of Licensee was sent via certified and first-class mail to Licensee's address of record.

The Notice alleged that Crystal Whited failed to cooperate with the Board during the course of

an investigation.






-I-

FINDINGS OF FACT



1. Licensee was issued a Registered Nurse License in the state of Oregon on November 1,

2012.

2. On April 1, 2019, Board staff mailed a letter to Licensee’s address of record requesting

that they schedule an interview to discuss the allegations. Licensee was further

instructed to send a written statement regarding the allegations and a current work

history. Licensee failed to schedule an interview and did not provide any documents to

the Board.

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3. On April 16, 2019, a second letter was sent to Licensee’s address of record, requesting

that they contact the Board within five (5) business days to schedule an interview to

discuss the allegations. Licensee was also asked to provide a current work history and

a written statement regarding the allegations. Licensee failed to schedule an interview

and did not provide any documents to the Board.

4. On April 24, 2019, Board staff mailed a Notice of Proposed Suspension to Licensee via




Licensee failed to respond to the Notice of Proposed Suspension within the required


expired and she is in default.

-II-

CONCLUSIONS OF LAW

1. That the Board has jurisdiction over the Licensee, Crystal Whited, and over the subject







contested case:
















privilege.


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3. That Licensee defaulted on the Notice by not requesting a hearing within

the allotted twenty (20) days and, as a result, pursuant to ORS 183.417(3), the

Board may enter a Final Order by Default.

-III-

ORDER



ORDERED that the Registered Nurse License of Crystal Whited is SUSPENDED for a


signed, and shall continue until such time as Crystal Whited has fully cooperated with


Crystal Whited, the Licensee would be subject to whatever terms and conditions the

Board may impose.



_______________________________


Board President

TO: CRYSTAL WHITED:









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BEFORE THE OREGON



Marisia Ybarra, LPN ) PROBATION

)




Marisia Ybarra (Licensee) was issued a Licensed Practical Nurse License by the Oregon State

Board of Nursing on March 16, 2016.

On or about April 18, 2017, Licensee was reported to the Board for performing a sharps

debridement on a diabetic patient without an order. The Board opened an investigation into

the matter.

Records obtained through the course of the Board’s investigation show that in March of 2017,

Licensee practiced outside of her scope and failed to administer medications to patient’s on

two occasions.

Through the course of the Board’s investigation it was discovered that Licensee had a mental

health disorder and a history of substance use.

On July 20, 2018, Licensee underwent a mental health and substance use disorder evaluation

and treatment was recommended. Licensee has engaged in the recommended treatment.


OAR 851-045-0070(1)(a)(4)(a)(b)(7)(B)(c) which reads as follows:











standards of the nursing profession, or who may adversely affect the health, safety, and

welfare of the public, may be found guilty of conduct derogatory to the standards of nursing.

Such conduct shall include, but is not limited to, the following:

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(a) Developing, modifying, or implementing standards of nursing practice/care which

jeopardize patient safety.


(a) Performing acts beyond the authorized scope or the level of nursing for which the

individual is licensed.

(b) Failing to conform to the essential standards of acceptable and prevailing nursing practice.



(B) Psychological or mental impairment as evidenced by documented deterioration of

functioning in the practice setting or by the assessment of an LIP qualified to diagnose mental

conditions or status.








That the Practical Nurse License of 201601737LPN be placed on Probation. The Licensee’s

compliance with this agreement will be monitored by the Oregon State Board of Nursing from

date of signature on the Stipulated Order. Licensee must complete a twenty-four (24) month

period of probation to begin upon Licensee’s return to supervised nursing practice at the level

of a Licensed Practical Nurse. Licensee must practice a minimum of sixteen (16) hours per


extent of scope of duties in order to demonstrate whether or not Licensee is competent.

Limited overtime may be approved on occasion.








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5) Licensee shall complete the following NCSBN courses: Professional Accountability &

Legal Liability for Nurses, Sharpening Critical Thinking Skills and Nurse Practice Act-

Oregon. Licensee shall provide proof of completion of each course either through certificates

of completion or transcripts. Should Licensee fail to complete these courses within the

required time of three (3) months from the date that probation begins, Licensee shall be

referred back to the Board for consideration of further disciplinary action.











institution.






















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17) Licensee shall attend Narcotics Anonymous (NA), Alcoholics Anonymous (AA) or similar

recovery program on a weekly basis and provide proof of attendance to Board staff. Licensee

shall sign any release of information necessary to allow Board staff to communicate with

Licensee’s treatment provider and release Licensee’s treatment records to the Board. After one

year of attending weekly meetings, Licensee may request that Board staff re-evaluate this

requirement.









dependence evaluator. Licensee shall comply with any treatment recommendations set forth by

the evaluator. Licensee understands that Licensee is financially responsible for any and all

costs related to testing and evaluating. Licensee’s failure to maintain an account in good

standing with the Board’s laboratory vendor shall be considered a violation of this Stipulated

Order.






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expired.




22) Licensee shall notify any and all healthcare providers of the nature of Licensee’s substance

use history to ensure that Licensee’s health history is complete before receiving any treatment,

including medical and dental. Licensee shall provide Board staff with the names and contact

information of any and all health care providers. Licensee shall sign any release of















Licensee’s license to practice as a License Practical Nurse.







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IT IS SO AGREED:

Marisia Ybarra, LPN Date

ORDER

IT IS SO ORDERED:



Board President

Date