~\

BEFORE THE

BOARD OF REGISTERED NURSING

DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Accusation Against:

Case No. 2014-39

EVANGELINE BODENA CARROZZA
bAH No. 2013110639

Registered Nursing License No. 611177

Res ondent.

DECISION AFTER NON-ADOPTION

The attached Decision After Non-Adoption is hereby adopted by the Board of

Registered Nursing as its Decision in the above-entitled matter.

This Decision shall become effective on April 22, 2015.

IT IS SO ORDERED this 23rd day of March 2015.

Boar of Registered Nursin

Department of Consumer Affairs
State of California
 \

BEFORE THE

BOARD OF REGISTERED NURSING

DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Accusation Against:

Case No. 2014-39

EVANGELINE BODENA CARROZZA
OAR No. 2013110639
Registered Nurse License No. 611177

Respondent.

DECISION AFTER NON-ADOPTION

This matter came on regularly for hearing on June 30, 2014, in San Bernardino,
California, before Debra D. Nye-Perkins, Administrative Law Judge, Office of
Administrative Hearings, State of California.

Louise R. Bailey, M.Ed., R.N. (Complainant) was represented by Thomas

Rinaldi, Deputy Attorney General. Evangeline Bodena Carrozza (Respondent) was
present and represented by Nicole Valentine, Attorney at Law.

Oral and documentary evidence was received and the matter was submitted for
decision on June 30, 2014.

On July 30, 2014, Administrative Law Judge Debra D. Nye-Perkins issued her
Proposed Decision. On October 15, 2014, the Board issued its Notice of Non
Adoption of the Proposed Decision. On January 13, 2015, the Board issued its Order
Fixing Date for Submission of Written Argument. On February 20, 2015, the Board
issued its Extension Required by Special Circumstances Order. After review of the
entire administrative record including the transcript, and written argument from
Complainant and Respondent, the Board hereby renders its decision in this matter.

SUMMARY

In 2005, Respondent received a conviction for driving with a blood alcohol

content of at least 0.08 percent. Seven years later, in 2012, Respondent received a
1

second conviction for driving with a blood alcohol content of at least 0.08 percent.
Respondent demonstrated poor judgment by driving with alcohol in her system on two
occasions. However, Respondent's successful employment history and excellent
performance as a registered nurse (RN) over the years, the absence of other criminal
convictions, and the evidence submitted on her behalf show she is a candidate for
probation.

Placing Respondent on probation with appropriate terms and conditions that

prohibit her from using alcohol and enable the Board to monitor her compliance is
warranted and will adequately protect the public.

FACTUAL FINDINGS

Jurisdictional Matters

1. On July 9, 2013, Complainant filed the accusation in this matter. The

accusation accused Respondent of having two convictions for driving while under the
influence of alcohol, using alcohol in a manner dangerous to herself or others, and
being convicted of crimes related to the consumption of alcohol.

2. The accusation and other required jurisdictional documents were served

on Respondent, who timely filed a notice of defense. This hearing followed.

License History

3. On December 26, 2002, the Board issued Registered Nurse License No.
611177 to Respondent. Respondent's license expires on October 31,2014, unless
renewed or revoked. Respondent has no previous history oflicense discipline.

Respondent's Convictions

4. On February 8, 2005, in Los Angeles Superior Court, Case No.

5JMO 1024, Respondent plead guilty and was convicted of violating Vehicle Code
section 23152, subdivision (b), driving with a blood alcohol level of 0.08 percent or
more, a misdemeanor. The court suspended imposition of sentence and placed
Respondent on three years summary probation with various terms and conditions.
These included the requirements that she obey all laws and court orders; pay fines and
fees; complete first offender alcohol, drug education, and counseling programs; not
drive with a measurable amount of alcohol in her system; and submit to chemical
testing as requested. Respondent complied with the terms of her probation, which she
completed in 2007.

5. On October 30, 2012, in the Superior Court of California, County of

Orange, Case No. 12NM03204, Respondent was convicted ofviolating VehiCle Code
2

 - ''­
)

section 23152, subdivision (b), driving with a blood alcohol level of 0.08 percent or
more, a misdemeanor. The court suspended imposition of sentence and placed
Respondent on five years informal probation with various terms and conditions. These
included the requirements that she not drive a motor vehicle with a measurable amount
of alcohol in her blood and submit to chemical testing as requested; pay fines and fees;
serve sixty days of supervised electronic home confinement; complete 18 months of
Multiple Offender Alcohol Program; and complete Mothers Against Drunk Driving
(MADD) Victim's Impact Panel. Respondent has completed her 60 days of house
arrest, her MADD impact panel, and her 18 months of Multiple Offender Alcohol
Program. Assuming she complies with its terms, probation is scheduled to end
October 30, 2017.

Circumstances ofthe Offenses

6. Respondent received her first alcohol related conviction on February 8,

2005, after a police officer observed Respondent hitting a parked car and driving away.
The officer pulled Respondent over and observed that she smelled of alcoho1. 1 She was
slurring her speech, her balance was unsteady, and she had bloodshot and watery eyes.
Respondent told the officer that she drank two margaritas earlier that night. After
conducting field sobriety tests, the officer arrested Respondent. After her arrest,
Respondent's blood alcohol concentration was 0.15%.

7. Respondent was about 34 years old when she incurred her second
conviction. On February 3, 2012, police pulled Respondent over because her
registration was expired. The officer asked Respondent if she had been drinking. She
answered "yes." She smelled of alcohol and had red, watery eyes. Respondent told
the officer that she drank one glass of red wine earlier that evening. After she failed
field sobriety tests, the officer arrested her. Respondent's blood alcohol levels tested
at 0.07 and 0.08 percent.

Respondent's Testimony

8. Respondent testified that she was 23 years old at the time of her first
arrest in 2004 and that youthful indiscretion was a factor. However, according to the
birthdate listed on her Certification of License History and other documentary
evidence (including police reports), Respondent was 27 years old at the time of that
arrest.

9. On the day ofthe arrest, December 18, 2004, Respondent's friend

Margie Dodge called her from a bar and asked her to come and celebrate Respondent's

1
These factual fmdings are based in part on information included in the police reports and received under
Lake v. Reed (1997) 16 Cal.4th 448, which held that portions of a law enforcement officer's report are
admissible in an administrative proceeding over a hearsay objection, including the officer's percipient
observations and the party's admissions. (Lake v. Reed (1997) 16 Cal.4th·at 461-462, 464.)

accomplishment of obtaining her first job as an RN. Respondent drove to the bar to
meet Dodge and Dodge's boyfriend. After Respondent consumed at least one shot of
alcohol, Dodge began fighting with her boyfriend. At Dodge's request, Respondent
drove Dodge home. After dropping her off, Respondent made aU-turn on the street
and hit Dodge's parked car. Dodge told Respondent that they could deal with the car
damage later. Respondent began to drive away and was then pulled over and arrested.
Respondent admitted at the hearing that she had made a mistake by drinking and
driving that evening. ·

10. Respondent's second conviction resulted from her arrest on February 3,

2012. On that date, Respondent and her boyfriend were with friends and coworkers at
a bowling alley. Over the course of a few hours, Respondent consumed about three
glasses of red wine. Respondent and her boyfriend left the bowling alley about fifteen
minutes after she consumed her last drink. Respondent drove her newly purchased
BMW, for which she had not yet received the tag and registration. Respondent did not
believe she was intoxicated and felt she was fine to drive. While driving home she
was pulled over and arrested.

11. Respondent satisfactorily completed criminal probation following her

first conviction. However, she testified that she did not learn much from the first
conviction, court-ordered education, or counseling programs. At the time, she did not
fully understand that she could seriously harm others by drinking and ddving.

12. As to her second conviction, Respondent completed attendance of the

MADD Victim's Impact Panel presentation on November 19, 2012. The MADD
presentation provided Respondent with a much deeper insight into the harm she could
have caused by her drinking and driving. During the hearing, Respondent accepted
responsibility for not learning these lessons from her first conviction.

13. Respondent completed the 18-month Multiple-Offender Alcohol

Program on June 4, 2014. She remains on probation until October 30, 2017.

14. Respondent voluntarily attended Alcoholics Anonymous (AA) meetings

in Rancho Cucamonga for about three months in 2012. Respondent chose to seek out
and attend AA meetings because she wanted to hear from others how alcohol can .
affect one's life.

15. Prior to her second conviction, Respondent drank alcohol about once or
twice a month. She testified that after her second conviction, and before she enrolled
in the Multiple-Offender Alcohol Program, she changed her life and stopped drinking
alcohol completely. Respondent provided no corroborating evidence to support her
testimony that she longer consumes alcohol.

Respondent's Background and Professional Experience

16. Respondent was born oversees and immigrated to the United States
when she was 18 years old. Her family did not allow any alcohol in their home and
she started drinking alcohol only after she married at age 19. Thereafter, she drank
occasionally. Respondent is 36 years old and has one son. She is the sole breadwinner
in her household, which includes her son, her two parents and an elderly family friend.
She currently works as the Director of Nursing at Arbor Glen Care Center (Arbor
Glen).

17. Respondent has a Bachelor of Science degree in physical therapy and a

degree in nursing. Before becoming licensed as a registered nurse, Respondent
worked as a certified nurse assistant and a licensed practical nurse. Respondent
obtained her first position as a registered nurse in 2004 at Community Hospital of San
Bernardino (Community Hospital) working in the Intensive Care Unit, Emergency
Room, and the Post-Acute Care Unit. A few months later, Respondent received her
first conviction, which she timely reported to the Board.

18. In 2006 and 2007, while continuing to work at Community Hospital

part-time, Respondent worked full-time as the Assistant Director of Nursing at Upland
Rehabilitation and Care Center (Upland), a 206-bed facility. As Assistant Director of
Nursing, she was responsible for overseeing all nurses in the facility and developing
procedures and processes for patient care. She was on-call at Upland 24 hours a day, 7
days per week for emergencies.

19. In 2006 when Respondent began working at Upland, Upland was in

jeopardy oflosing its state license as a long-term residential care facility. The facility
struggled to remain open. Maria Dulce Posa took the position as Director ofNursing
with the goal of reviving the struggling facility and hired Respondent because of her
excellent clinical abilities.

20. In 2009, Posa became Director ofNursing at Country Villa Park Avenue
long-term facility (CVPA) in Pomona, California. Respondent followed Posa to
CVPA in 2009 and became the Assistant Director of Nursing. Respondent continued
to work at both Community Hospital and CVP A.

21. In March 20 12 Respondent left her positions at Community Hospital

and at CVPA to become Director of Nursing at Arbor Glen. She continues to serve as
Arbor Glen's Director ofNursing and supervises its entire nursing staff. In addition to
her Director of Nursing position, Respondent was promoted in 2013 to Chief
Operating Officer (COO) of Arbor Glen; a position that she holds concurrently with
the Director of Nursing position. As part of her role as COO, Respondent acts as a
preceptor for a new Director ofNursing in training; reviews financial statements;
develops plans in the areas of labor management, pharmacy and supply costs; and
develops plans of action for annual survey results.
5

Respondent's Work Performance Evaluations

22. Respondent provided extensive evidence of her accomplishments and

outstanding performance as an RN from multiple facilities and from at least two of her
supervisors.

23. In September 2005, Respondent was recognized as the Nurse of the

Month at Community Hospital, and in 2006, she was recognized for demonstrating the
essence ofthe hospital's core values with a "Values in Action" Nomination.
Additionally, Respondent received excellent employment evaluations during her
employment at Community Hospital. She also completed numerous continuing
education hours and a program to become a Certified Nurse Executive.

24. Posa testified that Respondent was an excellent RN who provided

outstanding clinical care to patients at Upland and CVPA. At Upland, Respondent
helped establish protocols for weaning patients from ventilators and for rapidly
responding to code blue situations. When she hired Respondent at Upland, Posa knew
about Respondent's 2005 alcohol related conviction. Respondent's second conviction
occurred after she stopped working under Posa's supervision. Posa testified that she
believed that the first conviction was the result of youthful indiscretion because
Respondent was 23 years old at the time.

25. Steven Robert Powell is Respondent's supervisor at Arbor Glen and the
facility's Administrator and Executive Director. Powell hired Respondent as the
Director of Nursing at Arbor Glen. He knew her from her work at Upland, another
facility his company owned. Powell testified that Respondent is very well respected in
the field of nursing and is viewed as a clinical leader in the field. He felt she .
demonstrated exceptional skill and knowledge as a supervisor.

26. According to Powell, Respondent took Arbor Glen from a facility on the
verge of losing its license to a highly-respected, first-class facility.

Letters ofReference in Support ofRespondent·

27. Respondent submitted 10 letters ofreferencewritten by nurses she

supervised at Arbor Glen and Upland, nurses who worked with her at Beverly Manor
in Laguna Hills and Community Hospital, an Arbor Glen resident and others.

28. Consistent with his testimony, Powell's letter praised Respondent's

work arid abilities. It stated in part:

I am convinced that Vangie is a very responsible steward of this

Skilled Nursing Facility and feel that the population most
adversely affected by any additional punishment will be the

 -- \

residents of this facility. She is far too valuable a resource to

lose at this time.

29. The CEO of Arbor Glen, David P. Merkley, wrote:

Evangeline exemplifies leadership. She demonstrates this by

mentoring nurses and Certified Nursing Assistants (CNA's) on a
daily basis. She helps them hone their skills in the caring for
our elderly population.... Evangeline is also an amazing
clinician. She has increased the care level for the elderly in her
community. Through her tireless efforts, Arbor Glen Care
Center is now equipped to take care of more complex clinical
cases.

30. A third-party caregiver and patient advocate for a patient that passed
away at Arbor Glen wrote:

My interaction with your D.O.N. Evangeline completely

changed my perception of your facility and realized it was the
most suitable place for Ed to spend his last days .... As a
fulltime care giver and advocate for Ed for nearly 4 years, I have
met hundreds of medical professionals. Evangeline stands out
above her peers. She stands out above everyone. She is a
complete professional at what she does .... Evangeline is the
best thing going at Arbor Glen and a real asset to her company.

31. A resident at Arbor Glen who has known Respondent for two years
stated in his letter:

I have a unique perspective on both her character and

professionalism. I am a resident of the skilled nursing facility in
which she serves. I have also worked with her on projects
related to her role at our facility. When Ms. Carrozza came to
our facility, the facility was struggling. Ms. Carrozza
immediately began assessing the problems and issues and
developed and implemented procedures to correct the problems
she discovered. Her solutions have worked. The level of care
and quality of life has improved dramatically under her
direction.

32. Other authors of letters described Respondent as "very skilled,

compassionate, caring, respectful, eager to learn new stuff and excel in so many
ways;" someone who "goes above and beyond her duties;" and someone whose
"dedication and compassion led [other nurses] in many ways." Others stated that she

 ,'...--..-......\
. )

is "a hard worker;" who is "dependable, reliable, hardworking, conscientious, peace

loving, courteous;" and knowledgeable."

Costs

33. The Attorney General's Office filed a Certification of Prosecution Costs

pursuant to Business and Professions Code section 125.3 seeking cost recovery in the
amount of $4,692.50.

LEGAL CONCLUSIONS

Standard ofProof

1. The standard of proof in an administrative disciplinary action seeking

the suspension or revocation of a professional license is "clear and convincing
evidence." (Ettinger v. Board ofMedical Quality Assurance (1982) 135 Cal.App.3d
853, 856.) "Clear and convincing evidence" requires a high probability of the
existence of the disputed fact, greater than proof by a preponderance of the evidence.
Evidence of a charge is clear and convincing as long as there is a high probability that
the charge is true. (People v. Mabini (2001) 92 Cal.App.4th 654, 662.)

Applicable Statutory and RegulatoryProvisions

2. Business and Professions Code section 2761, provides that the "board
may take disciplinary action against a certified or licensed nurse for

(a) Unprofessional conduct ...

. [~] ... [~]

(f) Conviction of a felony or of any offense substantially related

to the qualifications, functions, and duties of a registered nurse,
in which event the record of the conviction shall be conclusive
evidence thereof.

3. Business and Professions Code section 2762, provides in part:

In addition to other acts constituting unprofessional conduct

within the meaning of this chapter, it is unprofessional conduct
for a person licensed under this chapter to do any of the
following: ·

[~] ... [~

 (b) Use any controlled substance as defined in Division 10

(commencing with Section 11000) ofthe Health and Safety
Code, or any dangerous drug or dangerous device as defined in
Section 4022, or alcoholic beverages, to an extent or in a
manner dangerous or injurious to himself or herself, any other
person, or the public or the extent that such use impairs his or
her ability to conduct with safety to the public the practice·
authorized by his or her license.

(c) Be convicted of a criminal offense involving the

prescription, consumption, or self-administration of any of the
substances described in subdivisions (a) and (b) of this section,
or the possession of, or falsification of a record pertaining to, the
substances described in subdivision (a) of this section, in which
event the record of the conviction is conclusive evidence
thereof.

Substantial Relationship

4. A conviction alone will not support a denial of a license unless the crime
substantially relates to the qualifications, function or duties of the profession in
question. (Harrington v. Department ofReal Estate (1989) 214 Cal.App.3d 394, 402.)

5. California Code of Regulations, title 16, section 1444 provides in part:

A[n] ... act shall be considered to be substantially related to the

qualifications, function or duties of a registered nurse if to a
substantial degree it evidences thepresent or potential unfitness
of a registered nurse to practice in a manner consistent with the .
public health, safety, or welfare.

6. Driving while under the influence of alcohol demonstrates an inability

or unwillingness to obey the legal prohibition against drinking and driving and it
constitutes a serious breach of a duty owed to society. Repeated convictions involving
alcohol reflect poorly on an individual's common sense and professional judgment,
traits essential to a health care practice, and tend to undermine public confidence in
and respect for the healthcare profession. (Griffiths v. Superior Court (2002) 96
Cal.App.4th 757, 770-771.)

Cause Exists for Discipline

7. Respondent violated Business and Professions Code Section 2761,

subdivisions (a) and (f), by engaging in unprofessional conduct and incurring two
convictions for driving with a blood alcohol content of at least 0.08 percent. These
repeated offenses were substantially related to the qualifications, duties and functions
9

of a registered nurse as they reflect poorly on her common sense and professional
judgment.

· 8. Respondent also engaged in unprofessional conduct and violated

Business and Professions Code Section 2762, subdivisions (b) and (c), when she twice
drove a car with alcohol in her system in a manner dangerous to herself and others, and
by having two convictions for driving with a blood alcohol content of at least 0.08
percent.

9. As a registered nurse, Respondent is required to be clear-headed and

free from any substance (including alcohol) that could impair her ability to
competently perform her duties. Registered nurses are on the frontline of patient care
and are routinely required to exercise independent judgment and discretion to make
important medical decisions that can significantly impact a patient's health and
recovery. Although no evidence was presented that Respondent's use of alcohol
negatively impacted the performance of her duties, it is certain that her actions of
driving twice with an alcohol blood level of at least 0.08 percent created a potentially
dangerous situation for herself and the public. Ciear and convincing evidence
established that Respondent's convictions were substantially related to the
qualifications, functions and duties of a registered nurse and that she violated the
Nursing Practice Act.

Disciplinary Guidelines

10. California Code of Regulations, title 16, section 1444.5, provides that in
reaching a decision in a disciplinary action under the Administrative Procedure Act,
the Board must consider its Recommended Guidelines for Disciplinary Orders and
Conditions ofProbation (guidelines). Deviation from the guidelines is appropriate
when the Board, in its sole discretion, determines that the facts ofthe particular case
warrant such a deviation, for example: the presence of mitigating factors; the age of
the case; or there are evidentiary problems in the case.

11. Under the guidelines, the recommended discipline for violation of

Business and Professions Code section 2761, subdivision (a), unprofessional conduct,
ranges from a minimum discipline of revocation, stayed, three years' probation, to a
maximum disciplinary order of revocation. The recommended discipline for violation
of Business and Professions Code section 2 761, subdivision (f), conviction of an
offense substantially related to the qualifications, functions.and duties of a registered
nurse, is revocation. The recommended discipline for a violation of Business and
Professions Code sections 2762, subdivision (b), use of alcohol to the extent that is
dangerous to self or others, or 2762, subdivision (c), conviction of an offense
involving consumption of alcohol, also ranges from a minimum of revocation, stayed,
three years' probation, to a maximum of revocation.

10

 12. The Board's guidelines provide criteria to consider in determining the

appropriate level of discipline, including: the nature and. severity of the acts under
consideration, the actual or potential harm to the public, the actual or potential harm to
any patient, Respondent's prior disciplinary record, evidence of mitigation and
rehabilitation, and the amount of time that has passed since the occurrence of the acts
under consideration.

13. The guidelines permit Respondent to present evidence demonstrating

her rehabilitative efforts and nursing competency, such as:

A) Recent, dated written statements from persons in positions

of authority who have on-the-job knowledge ofthe
Respondent's current nursing competence. Each statement
should include the period of time and capacity in which the
person worked with the Respondent and should contain the
following sentence at the end: "I declare, under penalty of
perjury, under the laws of the State of California, that the
foregoing is true and correct." It should be signed by the one
making the statement and dated.

B) Recent, dated letters from counselors regarding

Respondent's participation in a rehabilitation or recovery
program, where appropriate. These should include a description
of the program, the number of sessions the Respondent has
attended, the counselor's diagnosis of Respondent's condition
and current state of rehabilitation (or improvement), the
counselor's basis for determining improvement, and the
credentials of the counselor.

C) Recent, dated letters describing Respondent's participation

in support groups, e.g., Alcoholics Anonymous, Narcotics
Anonymous, Nurse Support Groups, etc., where appropriate,
and sobriety date.

D) Recent, dated laboratory analyses or drug screen reports,

where appropriate.

E) Recent, dated performance evaluation(s) from Respondent's

employer.

F) Recent, dated physical examination or assessment report by

a licensed physician, nurse practitioner, or physician assistant.

G) Certificates or transcripts ofcourses related to nursing

which Respondent may have completed since the date ofthe
11

 violation. An RN whose license has been revoked does not

have an RN license and therefore cannot use his or her former
license number to obtain continuing education credit/hours or
for any other purpose. However, he or she may take continuing .
education courses so long as an RN license is not used.

14. The guidelines also provide criteria to be considered in determining

rehabilitation of abuse of alcohol or other drug related offenses, including:

Successful completion of drug/alcohol treatment program (a

minimum of six (6) months duration) ....

[~] ... [~]

For registered nurse licenses, employment in nursing fot a

minimum of six (6) months with documentation (from the
employer) that the employer was aware of the previous drug or
alcohol abuse problems. Documentation must substantiate that
while employed, there was no evidence of continued alcohol or
drug use and that the Respondent performed nursing functions
in a safe and competent manner.

Application ofFacts to the Law

15. . Respondent's testimony that she no longer consumes alcohol was not
supported by any corroborating evidence. Respondent's own verbal assurances that
she will riever drink alcohol again are not sufficient proof that she no longer consumes
alcohol. (See, Walker v. State Bar (1989) 49 Cal.3d 1107, 1118.) Respondent's verbal
assurances are also undercut by some inconsistencies in her testimony. Specifically,
Respondent attempted to minimize her first offense as a youthful indiscretion based on
her testimony that she was 23 years old at the time. However, documentary evidence
contradicted Respondent'stestimony and established that she was actually 27 years
old. Furthermore, Respondent's testimony at the hearing regarding the number of
glasses of wine she had on the night of her second arrest contradicted the information
she provided to the police. Respondent's second DUI conviction occurred at a time
when Respondent held a highly responsible position, and her drinking came as a
detriment to herself and had the potential of being to the great detriment of others.
Public protection requires that Respondent undergo mental and physical evaluations to
determine whether she has a substance abuse problem and whether she may safely
practice nursing. Mental and physical exams each provide unique insight and
information for the making of these determinations.

16. Seven years passed between Respondent's first and second convictions.
During that time she became highly regarded and successful nurse in her community.
Nonetheless, Respondent had significant lapses in judgment in 2004 and 2012 when
12

she drove with alcohol in her system. To her credit, Respondent accepted full
responsibility for her actions. She was cooperative and candid in the Board's
investigation and this hearing. Even after completing her court-ordered programs,
Respondent voluntarily took additional action to educate herself about the dangers of
alcohol and to stop drinking altogether. Respondent expressed regret and remorse for
her actions; her testimony was sincere and credible. This is Respondent's first
disciplinary action.

17. Upon consideration of the entirety of the facts and the application of the
disciplinary criteria, it is concluded that it would not be against the public interest to
permit Respondent to hold her registered nursing license on a probationary basis, with
appropriate terms and conditions of probation. Public protection demands that in order
for Respondent to retain her registered nursing license, the Board must have verifiable
assurances that Respondent no longer uses alcohol in any capacity. Appropriate terms
and conditions for probation should include the requirement that Respondent undergo
mental and physical evaluations, and to follow any resulting recommendations. She
should also be subject to random biological fluid testing in addition to the standard
terms and conditions of probation. Granting her probationary license with these terms
would satisfy the concerns of protecting the public.

Modification ofa Standard Term ofProbation

18. Terms of probation 1 -19 are the minimum probationary conditions

recommended by the guidelines for violations of Business and Professions Code
section 2762, subdivisions {b) and (c). The Proposed Decision in this matter deviated
from the minimum recommended discipline by modifying the probationary term
prohibiting supervision of registered nurses for the duration of probation by allowing
Respondent to serve in a supervisory capacity. The Proposed Decision also removed
the condition requiring that Respondent's practice be supervised.

When Respondent was convicted of her second DUI, she held a responsible
position as the Assistant Director of Nursing at CVPA. Respondent had already been
convicted of a DUI several years before, which she attributed to youthful indiscretion.
Respondent admits that she did not learn much from her first conviction, and did not
understand that she could seriously harm others by drinking and driving. During the
years that followed, Respondent should have developed the maturity and insight that
would prevent her from engaging in the same misconduct. As a registered nurse,
Respondent should have been aware of the dangers associated with drinking and
driving, and on the effect alcohol has on the human body.

In holding a responsible position such as the Director of Nursing, it is

especially important that Respondent conduct herself in an exemplary and law-abiding
manner. Her two convictions demonstrate, at minimum, a lack ofjudgment and
disregard for the law. And any law-abiding conduct Respondent has demonstrated
while on her current criminal probation is given little weight, since she is under threat
13

of criminal penalty if she does not conduct herself in a law-abiding manner (In Re
Gossage (2000) 23 Cal.4th 1080, 1099.)

For these reasons, the probationary terms 1- 19 in their entirety and without
modification are imposed here. The five year length of probation imposed by the
Proposed Decision is reduced to three years. The public interest will be adequately
served by monitoring Respondent on a three year term of probation under conditions
1-19; the public interest will not benefit from an additional two years of probation.

Cost Recovery

19. Complainant is seeking recovery of the reasonable costs of investigation

and enforcement ofthe instant matter in the amount of$4,692.50. Zuckerman v. State
Board ofChiropractic Examiners (2002) 29 Cal.4th 32, held that a regulation imposing
costs for investigation and enforcement under California Code of Regulations, title 16,
section 317.5 (which is similar to Bus. & Prof. Code, § 125.3) did not violate due
process. But, it was incumbent on the Board in that case to exercise discretion to
reduce or eliminate costs awards in a manner such that costs imposed did not "deter
[licensees] with potentially meritorious claims or defenses from exercising their right
to a hearing." The Supreme Court set forth four factors to consider in deciding
whether to reduce or eliminate costs: (1) whether the licensee used the hearing process
to obtain dismissal of other charges or a reduction in the severity of the discipline
imposed; (2) whether the licensee had a "subjective" good faith belief in the merits of
his/[her] position; (3) whether the licensee raised a "colorable challenge" to the
propos~d discipline; and (4) whether the licensee had the financial ability to make
payments. The reasoning of Zuckerman must be applied to Business and Professions
Code section 125.3 since the cost recovery regulation in Zuckerman contains
substantially the same language as that is set forth in Business and Professions Code
section 125.3.

20. Respondent achieved a reduction in the severity of the discipline sought

to be imposed. Evidence was presented that supports a finding that Respondent is able
to pay the costs requested by the Board. After applying the Zuckerman criteria in the
instant matter, it is concluded that it is reasonable to require Respondent to pay the
costs of prosecution of the Accusation against Respondent. That amount is reasonable
pursuant to Business and Professions Code section 125.3, and Respondent must
therefore pay the sum of $4,692.50 to the Board.

ORDER

It is hereby ordered that Respondent's Registered Nurse License Number

611177 is revoked. However, the revocation is stayed and Respondent is placed on
probation for three (3) years, on the following conditions:

14

 ( \
. }

SEVERABILITY CLAUSE- Each condition of probation contained herein is a

separate and distinct condition. .If any condition of this Order, or any application
thereof, is declared unenforceable in whole, in part, or to any extent, the remainder of
this Order, and all other applications thereof, shall not be affected. Each condition of
this Order shall separately be valid and enforceable to the fullest extent permitted by
law.

(1) OBEY ALL LAWS- Respondent shall obey all federal, state and local laws. A
full and detailed account of any and all violations of law shall be reported by the
respondent to the Board in writing within seventy-two (72) hours of occurrence. To
permit monitoring of compliance with this condition, respondent shall submit
completed fingerprint forms and fingerprint fees within 45 days of the effective date
ofthe decision, unless previously submitted as part ofthe licensure application
process.

CRIMINAL COURT ORDERS: If respondent is under criminal court orders,

including probation or parole, and the order is violated, this shall be deemed a
violation of these probation conditions, and may result in the filing of an accusation
and/or petition to revoke probation.

(2) COMPLY WITH THE BOARD'S PROBATION PROGRAM- Respondent

shall fully comply with the conditions of the Probation Program established by the
Board and cooperate with representatives of the Board in its monitoring and
investigation of the respondent's compliance with the Board's Probation Program.
Respondent shall inform the Board in writing within no more than 15 days of any
address change and shall at all times maintain an active, current license status with the
Board, including during any period of suspension.

Upon successful completion of probation, respondent's license shall be fully restored.

(3) REPORT IN PERSON - Respondent, during the period of probation, shall

appear in person at interviews/ meetings as directed by the Board or its designated
representatives.

(4) RESIDENCY, PRACTICE, OR LICENSURE OUTSIDE OF STATE­

Periods of residency or practice as a registered nurse outside of California shall not
apply toward a reduction of this probation time period. Respondent's probation is
tolled, if and when she resides outside of California. The respondent must provide
written notice to the Board within 15 days of any change of residency or practice
outside the state, and within 30 days prior to re-establishing residency or returning to
practice in this state.

Respondent shall provide a list of all states and territories where she has ever been
licensed as a registered nurse, vocational nurse, or practical nurse. Respondent shall
further provide information regarding the status of each license and any changes in
15

such license status during the term of probation. Respondent shall inform the Board
if she applies for or obtains a new nursing license during the term of probation.

(5) SUBMIT WRITTEN REPORTS- Respondent, during the period of probation,

shall submit or cause to be submitted such written reports/declarations and
verification of actions under penalty of perjury, as required by the Board. These
reports/declarations shall contain statements relative to respondent's compliance with
all the conditions of the Board's Probation Program. Respondent shall immediately
execute all release of information forms as may be required by the Board or its
representatives.

Respondent shall provide a copy of this decision to the nursing regulatory agency in
every state and territory in which he or she has a registered nurse license.

(6) FUNCTION AS A REGISTERED NURSE -Respondent, during the period of

probation, shall engage in the practice of registered nursing in California for a
minimum of 24 hours per week for 6 consecutive months or as determined by the
Board.

For purposes of compliance with the section, "engage in the practice of registered
nursing" may include, when approved by the Board, volunteer work as a registered
nurse, or work in any non-direct patient care position that requires licensure as a
registered nurse.

The Board may require that advanced practice nurses engage in advanced practice
nursing for a minimum of 24 hours per week for 6 consecutive months or as
determined by the Board.

If respondent has not complied with this condition during the probationary term, and
the respondent has presented sufficient documentation of his good faith efforts to
comply with this condition, and if no other conditions have been violated, the Board,
in its discretion, may grant an extension of the respondent's probation period up to
one year without further hearing in order to comply with this condition. During the
one year extension, all original conditions of probation shall apply.

(7). EMPLOYMENT APPROVAL AND REPORTING REQUIREMENTS ­

Respondent shall obtain prior approval from the Board before commencing or
continuing any employment, paid or voluntary, as a registered nurse. Respondent
shall cause to be submitted to the Board all performance evaluations and other
employment related reports as a registered nurse upon request of the Board.

Respondent shall provide a copy of this decision to her employer and immediate
supervisors prior to commencement of any nursing or other health care related
employment.

16

 f\ ·.,
\
/ I

In addition to the above, respondent shall notify the Board in writing within seventy­
two (72) hours after he obtains any nursing or other health care related employment.
Respondent shall notify the Board in writing within seventy-two (72) hours after she
is terminated or separated, regardless of cause, from any nursing, or other health care
related employment with a full explanation of the circumstances surrounding the
termination or separation.

(8) SUPERVISION - Respondent shall obtain prior approval from the Board
regarding respondent's level of supervision and/or collaboration before commencing
or continuing any employment as a registered nurse, or education and training that
includes patient care.

Respondent shall practice only under the direct supervision of a registered nurse in
good standing (no current discipline) with the Board ofRegistered Nursing, unless
alternative methods of supervision and/or collaboration (e.g'., with an advanced
practice nurse or physician) are approved.

Respondent's level of supervision and/or collaboration may include, but is not limited
to the following:

(a) Maximum- The individual providing supervision and/or collaboration is

present in the patient care area or in any other work setting at all times.

(b) Moderate- The individual providing supervision and/or collaboration is in the

patient care unit or in any other work setting at least half the hours respondent works.

(c) Minimum- The individual providing supervision and/or collaboration has

. person-to-person communication with respondent at least twice during each shift
worked.

(d) Home Health Care - If respondent is approved to work in the home health care
setting, the individual providing supervision and/or collaboration shall have person­
to-person communication with respondent as required by the Board each work day.
Respondent shall maintain telephone or other telecommunication contact with the
individual providing supervision and/or collaboration as required by the Board during
each work day. The individual providing supervision and/or collaboration shall
conduct, as required by the Board, periodic, on-site visits to patients' homes visited
by the respondent with or without respondent present.

(9) EMPLOYMENT LIMITATIONS- Respondent shall not work for a nurse's

registry, in any private duty position as a registered nurse, a temporary nurse

placement agency, a traveling nurse, or for an in-house nursing pool.

Respondent shall not work for a licensed home health agency as a visiting nurse

unless the registered nursing supervision and other protections for home visits have

17

been approved by the Board. Respondent shall not work in any other registered
nursing occupation where home visits are required.

Respondent shall not work in any health care setting as a supervisor of registered
nurses. The Board may additionally restrict Respondent from supervising licensed
vocational nurses and/or unlicensed assistive personnel on a case-by-case basis.
f

Respondent shall not work as a faculty member in an approved school of nursing or

as an instructor in a Board approved continuing education program.

Respondent shall work only on a regularly assigned, identified and predetermined

worksite(s)and shall not work in a float capacity.

If the respondent is working or intends to work in excess of 40 hours per week, the
Board may request documentation to determine whether there should be restrictions
on the hours of work.

(10) COMPLETE A NURSING COURSE(S) -Respondent, at her own expense,

shall enroll and successfully complete a course(s) relevant to the practice of registered
nursing no later than six months prior to the end of her probationary term.

Respondent shall obtain prior approval from the Board before enrolling in the
course(s). Respondent shall submit to the Board the original transcripts or certificates
of completion for the above required course(s). The Board shall return the original
documents to respondent after photocopying them for its records.

(11) COST RECOVERY- Respondent shall pay to the Board costs associated with
its investigation and enforcement pursuant to Business and Professions Code Section
125.3 in the amount of$4,692.50. Respondent shall be permitted to pay these costs in
a payment plan approved by the Board, with payments to be completed no later than
three months prior to the end of the probation term. ·

If Respondent has not complied with this condition during the probationary term, and
respondent has presented sufficient documentation of her good faith efforts to comply
with this condition, and if no other conditions have been violated, the Board, in its
discretion, may grant an extension of the respondent's probation period up to one year
without further hearing in order to comply with this condition. During the one year
extension, all original conditions of probation will apply.

(12) VIOLATION OF PROBATION- If respondent violates the conditions of her

probation, the Board after giving the respondent notice and an opportunity to be
heard, may set aside the stay order and impose the stayed discipline
(revocation/suspension) of the respondent's license.

18

If during the period of probation, an accusation or petition to revoke probation has

been filed against respondent's license or the Attorney General's Office has been
requested to prepare an accusation or petition to revoke probation against the
respondent's license, the probationary period shall automatically be extended and
shall not expire until the accusation or petition has been acted upon by the Board.

(13) LICENSE SURRENDER- During respondent's term of probation, if she

ceases practicing due to retirement, health reasons or is otherwise unable to satisfy the
conditions of probation, respondent may surrender her license to the Board. The
Board reserves the right to evaluate respondent's request and to exercise its discretion
whether to grant the request, or to take any other action deemed appropriate and
reasonable under the circumstances, without further hearing. Upon formal acceptance
of the tendered license and wall certificate, respondent will no longer be subject to the
conditions of probation.

Surrender of respondent's license shall be considered a disciplinary action and shall

become a part of respondent's license history with the Board. A registered nurse
whose license has been surrendered may petition the Board for reinstatement no
sooner than the following minimum periods from the effective date of the disciplinary
decision:

(1) Two years for reinstatement of a license that was surrendered for any reason
other than a mental or physical illness; or

(2) One year for a license surrendered for a mental or physical illness.

(14) PHYSICAL EXAMINATION- Within 45 days of the effective date of this

decision, respondent, at her expense, shall have a licensed physician, nurse practitioner,
or physician assistant, who is approved by the Board before the assessment is performed,
submit an assessment of the respondent's physical condition and capability to perform the
duties of a registered nurse. Such an assessment shall be submitted in a format
acceptable to the Board. If medically determined, a recommended treatment program will
be instituted and followed by the respondent with the physician, nurse practitioner, or
physician assistant providing written reports to the Board on forms provided by the
Board.

If respondent is determined to be unable to practice safely as a registered nurse, the

licensed physician, nurse practitioner, or physician assistant making this determination
shall immediately notify the Board and respondent by telephone, and the Board shall
request that the Attorney General's office prepare an accusation or petition to revoke
probation. Respondent shall immediately cease practice and shall not resume practice
until notified by the Board. During this period of suspension, respondent shall not engage
in any practice for which a license issued by the board is required until the Board has
notified respondent that a medical determination permits respondent to resume practice.
This period of suspension will not apply to the reduction of this probationary time period.

19

If the respondent fails to have the above assessment submitted to the Board within the 45­
day requirement, respondent shall immediately cease practice and shall not resume
practice until notified by the Board. This period of suspension will not apply to the
reduction of this probationary time period. The Board may waive or postpone this
suspension only if significant, documented evidence of mitigation is provided. Such
evidence must establish good faith efforts by the respondent to obtain the assessment, and
a specific date for compliance must be provided. Only one such waiver or extension may
be permitted.

(15) PARTICIPATE IN TREATMENT/REHABILITATION PROGRAM

FORCHEMICAL DEPENDENCE -Respondent, at her expense, shall successfully
complete during the probationary period or shall have successfully completed prior to
commencement of probation a Board-approved treatment/rehabilitation program of at
least six months duration. As required, reports shall be submitted by the program on
forms provided by the Board. If respondent has not completed a Board-approved
treatment/rehabilitation program prior to commencement of probation, respondent,
within 45 days from the effective date ofthe decision, shall be enrolle;d in a program.
If a program is not successfully completed within the first nine months of probation,
the Board shall consider respondent in violation of probation.

Based on Board recommendation, each week respondent shall be required to attend at

least one, but no more than five 12-step recovery meetings or equivalent (e.g.,
Narcotics Anonymous, Alcoholics Anonymous, etc.) and a nurse support group as
approved and directed by the Board. If a nurse support group is not available, an
additional12-step meeting or equivalent shall be added. Respondent shall submit
dated and signed documentation confirming such attendance to the Board during the
entire period of probation. Respondent shall continue with the recovery plan
recommended by the treatment/rehabilitation program or a licensed mental health
examiner and/or other ongoing recovery groups.

(16) ABSTAIN FROM USE OF PSYCHOTROPIC (MOOD-ALTERING)

DRUGS-
Respondent shall completely abstain from the possession, injection or consumption
by any route of all psychotropic (mood altering) drugs, including alcohol, except
when the same are ordered by a health care professional legally authorized to do so as
part of documented medical treatment. Respondent shall have sent to the Board, in
writing and within fourteen (14) days, by the prescribing health professional, a report
identifying the medication, dosage, the date the medication was prescribed, the
respondent's prognosis, the date the medication will no longer be required, and the
effect on the recovery plan, if appropriate.

Respondent shall identify for the Board a single physician, nurse practitioner or
physician assistant who shall be aware of respondent's history of substance abuse and
will coordinate and monitor any prescriptions for respondent for dangerous drugs,

20

controlled substances or mood-altering drugs. The coordinating physician, nurse

practitioner, or physician assistant shall report to the Board on a quarterly basis
respondent's compliance with this condition. If any substances considered addictive
have been prescribed, the report shall identify a program for the time limited use of
any such substances. ·

The Board may require the single coordinating physician, nurse practitioner, or
physician assistant to be a specialist in addictive medicine, or to consult with a
specialist in addictive medicine.

(17) SUBMIT TO TESTS AND SAMPLES - Respondent, at her expense, shall

participate in a random, biological fluid testing or a drug screening program which the
Board approves. The length oftime and frequency will be subject to approval by the
Board. The respondent is responsible for keeping the Board informed of respondent's
current telephone number at all times. Respondent shall also ensure that messages
may be left at the telephone number when she is not available and ensure that reports
are submitted directly by the testing agency to the Board, as directed. Any confirmed
positive finding shall be reported immediately to the Board by the program and the
respondent shall be considered in violation of probation.

In addition, respondent, at any time during the period of probation, shall fully
cooperate with the Board or any of its representatives, and shall, when requested,
submit to such tests and samples as the Board or its representatives may require for
the detection of alcohol, narcotics, hypnotics, dangerous drugs, or other controlled
substances.

If respondent has a positive drug screen for any substance not legally authorized and
not reported to the coordinating physician, nurse practitioner, or physician assistant,
and the Board files a petition to revoke probation or an accusation, the Board may
suspend respondent from practice pending the final decision on the petition to revoke
probation or the accusation. This period of suspension will not apply to the reduction
of this probationary time period. ·

If respondent fails to participate in a random, biological fluid testing or drug

screening program within the specified time frame, the respondent shall immediately ·
cease practice and shall not resume practice until notified by the Board. After taking
into account documented evidence of mitigation, ifthe Board files a petition to revoke
probation or an accusation, the Board may suspend respondent from practice pending
the final decision on the petition to revoke probation or the accusation. This period of
suspension will not apply to the reduction of this probationary time period.

(18) MENTAL HEALTH EXAMINATION- The respondent shall, within 45 days

of the effective date of this decision, have a mental health examination including
psychological testing as appropriate to determine her capability to perform the duties
of a registered nurse. The examination will be performed by a psychiatrist,
21

psychologist or other licensed mental health practitioner approved by the Board. The
examining mental health practitioner will submit a written report of that assessment
and recommendations to the Board. All costs are the responsibility of the respondent.
Recommendations for treatment, therapy or counseling made as a result of the mental
health examination will be instituted and followed by the respondent.

If respondent is determined to be unable to practice safely as a registered nurse, the

licensed mental health care practitioner making this determination shall immediately ·
notify the Board and respondent by telephone, and the Board shall request that the
Attorney General's office prepare an accusation or petition to revoke probation.
Respondent shall immediately cease practice and may not resume practice until
notified by the Board. During this period of suspension, respondent shall not engage
in any practice for which a license issued by the Board is required, until the Board has
notified respondent that a mental health determination permits respondent to resume
practice. This period of suspension will not apply to the reduction of this probationary
time period.
r-

If the respondent fails to have the above assessment submitted to the Board within the
45-day requirement, respondent shall immediately cease practice and shall not resume
practice until notified by the Board. This period of suspension will not apply to the
reduction of this probationary time period. The Board may waive or postpone this
suspension only if significant, documented evidence of mitigation is provided. Such
evidence must establish good faith efforts by the respondent to obtain the assessment,
and a specific date for compliance must be provided. Only one such waiver or
extension may be permitted.

(19) THERAPY OR COUNSELING PROGRAM- Respondent, at her expense,

shall participate in an on-going counseling program until such time as the Board

releases her from this requirement and only upon the recommendation of the

counselor. Written progress reports from the counselor will be required at various

intervals.

This Decision shall become effective on April22, 2015

IT IS SO ORDERED this 23rct day of March 2015 .

RAYMOND MALLEL
BOARD PRESIDENT
BOARD OF REGISTERED NURSING
STATE OF CALIFORNIA
22

 II
1 KAMALA D. HARRIS

Attorney General of California

2 . ARMANDO ZAMBRANO
Supervising Deputy Attorney General
3 KRlTHTHIKA V ASUDEV AN
Deputy Attorney General
4 State Bar No. 247590
300 So. Spring Street, Suite 1702

5 Los Angeles, CA 90013

Telephone: (213) 897-2540

6 . · Facsimile: (213) 897-2804

7 Attorneys for Complainant

8 BEFORETHE

BOARD OF REGISTERED NURSING

9 DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

10

11 In the Matter of the Accusation Against: Case No.

12 EVANGELINE BODENA CARROZZA, ACCUSATION
A.K.A EVANGELINE CARROZZA
13 7223 Magnolia Place

Fontana, CA 92336

14
Registered Nurse License No. 611177
15
lr---------------------------------~

16 Complainant alleges:
17 PARTIES
18 1. Louise R. Bailey, M.Ed., RN (Complainant) brings this Accu~ation solely in her

19 official capacity as the Executive Officer of the Board of Registered Nursing; Depaitment of·

20 Consumer Affairs.

21 2. On or about December 26, 2002, the Board of Registered Nursing (Board) issued

22 Registered Nurse License No. 611177 to Evangeline Bodena Carrozza, aka Evangeline Carrozza

23 (Respondent). The Registered Nurse License was in full force and effect at all times relevant to

24 the charges brought herein and will expire on October 31, 2014, unless renewed.

25 JURISDICTION

26 3. This Accusation is brought before the Board under the authority of the following

27 laws. All section references are to the Business and Professions Code unless otherwise indicated.
28 ///

Accusation
 r\
II I

1 STATUTORY PROVISIONS

2 4. Section 490 states, in pertinent part:

,., "(a) In addition to any other action that a board is permitted to take against a licensee, a
;)

4 board may suspend or revoke a license on the ground that the licensee has been convicted of a

5 crime, if the crime is substantially related to the qualifications, functions, or duties of the business

6 or profession for which the license was issued.

7 "(b) Notwithstanding any other provision of law, a board may exercise any authority to

8 discipline a licensee for conviction of a crime that is independent of the authority granted under

2. subdivision (a) only ifthe crime is substant~allyrelated to the qualifi.cati,ons, functions, orduties
10 of the business or profession for which the license.e's license was issued..

11 "(c) A conviction within the meaning of this section means a plea or verdict of guilty or a

12 conviction following a plea of nolo contendere. Any action that a board is permitted to take

13 following the establishment of a conviction may be taken when the time for appeal has. elapsed, or

14 the judgment of conviction has been affirmed on appeal, or when an order granting probation is

15 made suspending the imposition of sentence, irrespective of a subsequent order under the

16 provisions of Section 1203.4 of the Penal Code."

17 5. Section 493 states:

18 "Notwithstanding any other provisionoflaw, in a proceeding conducted by a board within

19 the department pursuant to law to deny an application for a license or to suspend or revoke a ..

20 license or otherwise take disciplinary action against a person who holds a license, upon the

21 ground that the applicant or the licensee has been convicted of a crime substantially related to the

22 qualifications, functions, and duties of the licensee in question, the record of conviction of the

23 crime shall be conclusive evidence of the fact that the conviction occurred, but only of that fact,

24 and the board may inquire into the circumstances surrounding the commission of the crime in

25 order to fix the degree of discipline or to determine if the conviction is substantially related to the

26 qualifications, functions, and duties of the licensee in question. As used in this section, "license"

27 includes "certificate," "pennit," "authority," and "registration."

28 Ill

2
Accusation
 --~\'

II
! I
1 6. Section 2750 provides, in pertinent part, that the Board may discipline any licensee,

2 including a licensee holding a temporary or an inactive license, for any reason provided in Article

"
.J 3 (commencing with section 2750) of the Nursing Practice Act.

4 7. Section 2761 states, in pertinent part:

5 "The board may take disciplinary action against a certified or licensed nurse or deny an

6 application for a certificate or license for any of the following:

7 "(a) Unprofessional conduct, which includes, but is not limited to, the following:

9 "(f) Conviction of a felony or of any offense substantially related to the qualifications,

10 functions, and duties of a registered nurse, in which event the record of the conviction shall be

11 conclusive evidence thereof."

12 8. Section 2762 states, in pertinent part:

13 "In addition to other acts constituting unprofessional conduct within the meaning of this

14 chapter [the Nursing Practice Act], it is unprofessional conduct for a person licensed under this

15 chapter to do any of the following:

16

17 "(b) Use any controlled substance as defined in Division 10 (commencing with Section

18 11 000) of the Health and Safety Code, or any dangerous drug or dangerous device as defmed in

19 Section 4022, or alcoholic beverages, to an extentor in. a manner dangerous or. injurious to

20 himself or herself, any other person, or the public or to the extent that su~h use impairs his or her

21 ability to conduct with safety to the public the practice authorized by his or her license.

22 -"(c) Be convicted of a criminal offense involving the prescription, consumption, or

23 self-administration of any of the substances described in subdivisions (a) and (b) of this section,

24 or the possession of, or falsification of a record pertaining to, the substances described in

25 subdivision (a) of this section, in whlch event the record of the conviction is conclusive evidence

26 thereof."

27 Ill

28 Ill

3
Accusation
 II

1 9. Section 2764 provides, in pertinent part, that the expiration of a license shall not

2 deprive the Board ofjurisdiction to proceed with a disciplinary proceeding against the licensee or
.... to render a decision imposing discipline on the license .
.J

4 REGULATORY PROVISIONS

5 10. California Code of Regulations, title 16, section 1444 states, in pertinent part:

6 AA conviction or act shall be considered to be substantially related to the qualifications,

7 functions or duties of a registered nurse if to a substantial degree it evidences the present or

8 potential unfitness of a registered nurse to practice in a manner consistent with the public health,

9 safety, or welfare."

10 COST RECOVERY

11 11. Section 125.3 provides, in pertinent part, that the Board may request the

12 administrative law judge to direct a licentiate found to have committed a violation or violations of

13 th~ licensing act to pay a sum not to exceed the reasonable costs of the investigation·and

14 enforcement of the case. ·

15 FIRST CAUSE FOR DISCIPLINE

16 (Conviction ofa Substantially Related Crime)

17 12. Respondent is subject to disciplinary action under sections 490, 2761, subdivision (f),

18 and 27 62, subdivision (c), in conjunction with California Code of Regulations, title 16, section

19 1444, in that Respondent was convicted ofa crime substantially related to the qualifications,

20 functions, and duties of a licensed registered nurse, as follows:

21 a. On or about October 30, 2012, after pleading guilty, Respondent was convicted of

22 one misdemeanor count for violation of Vehicle Code section 23152, subdivision (b) [driving

23 while having 0.08%:or more, by weight, of alcohol in her blood], in Orange County Superior Court

24 case number 12NM03204, People v. Evangeline Bodena Carrozza. The Court sentenced

25 Respondent to serve 60 days in Orange County Jail, placed her on five years probation, ordered

26 her to attend an 18-month multiple-offender alcohol program, and pay fines and restitution.

27 b. The circumstances surrounding the conviction are that on or about February 3, 2012,

28 Respondent was pulled over by the California Highway Patrol for expired license plates. The

4
Accusation
 officer detected the smell of alcohol from her body, and she had red watery eyes. "When asked if

she had drunk any alcoholic beverages, Respondent admitted she had one cup of wine.

Respondent was administered, and failed a field sobriety test. Respondent was given a

breathalyzer test which showed a breath-alcohol content level of 0.07% on the first reading and

0.08% on the second reading.

SECOND CAUSE FOR DISCIPLINE

(Conviction of a Substantially Related Crime)

13. Respondent is subject to disciplinary action under sections 490, 2761, subdivision (f),

and 2762, subdivision (c), in conjunction with California Code of Regulations, title 16, section.

1444, in that Respondent was convicted of a crime substanti~lly related t6 the qualifications,

functio.ns, and duties of a licensed registered nurse, as follows:

a. On or about February 8, 2005, Respondent was convicted of one misdemeanor count

for violation of Vehicle Code section 23152, subdivision (b) [driving while having 0.08% or .

more, by weight, of alcohol in her blood] , in Los Angeles Superior Court, case number

SJMO 102401, People v. Evangeline Bodena Carrozza. The Court placed Respondent on three
years probation.

b. The circumstances surrounding the conviction are that on or about December 17,

2004, Respondent failed to stop at the scene of an accident, and was later pulled over by the

. Glendora Police Department. The officer detected the smell of alcohol from her body.

Respondent had bloodshot watery eyes, and slurred speech. "When asked if she drank any

alcoholic beverages, Respondent admitted that she had a few drinks, a couple of hours ago.

Respondent submitted to a blood test that resulted in a blood-alcohol content level of0.15%.

THIRD CAUSE FOR DISCIPLINE

(Dangerous Use of Alcohol)

14. Respondent is subject to disciplinary action under sections 2761, subdivision (a), and

2762, subdivision (b), in that Respondent used alcoholic beverages to an extent or in a manner

dangerous or injurious to herself, another person or the public, when she drove a vehicle, while

having 0.8% or more, of alcohol, in her blood.

5
Accusation
 II
1 a. Complainant refers to, and by this reference incorporates, the allegations set forth

2 above in paragraphs 12 through 13, inclusive, as though set forth fully.

,..,
J FOURTH CAUSE FOR DISCIPLINE

4 (Convictions of Crimes Involving the Consumption of Alcohol)

5 15. Respondent is subject to disciplinary actionunder section 2761, subdivision (a), and

6 27 62, subdivision (c), in that the Respondent was convicted of crimes involving the consumption

7 of alcohol.

8 a. Complainant refers to, and by this reference incorporates, the allegations set forth

9 above in paragraphs 12 through 13, inclusive, as though set forth fully.

10 PRAYER

11 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

12 and that following the hearing, the Board issue a decision:

13 1. · Revoking or suspending Registered Nurse License No. 611177, issued to Evangeline

14 Bodena Carrozza, aka Evangeline Carrozza;

15 2. Ordering Evangeline Bodena Carrozza, aka Evangeline Carrozza, to pay the Board the
rea nable costs of the

16 investigation and enforcement of this case, pursuant to section 125.3; and

17 3. Taking such other and further action as deemed necessary and proper.

18

19

20
LOUISE R. BAILEY, M.ED., RN
21 Executive Officer
Board of Registered Nursing
22 Department of Consumer Affairs
State of California
23 Complainant

24

25

26
LA2013509038/51320085.doc/07.02.13 TXFR .
27

28

A .......... ~ .... .,.~ .... ­