JUN California Board of Vocational Nursing State of by alicejenny

VIEWS: 4 PAGES: 36

									     KAMALA   D. HARRIS                                                     ~~I ,   E.
     Attorney General of California
 2   MARC D. GREENBAUM                                                     JUN 22 2012
     Supervising Deputy Attorney General
 3   CHRISTINA THOMAS                                                Bo~rr1 of Vocational Nursing
     Deputy Attorney General                                         and P5y.;hiatric Techdic/ n:;
 4   State BarNo. 171168
      300 So . Spring Street, Suite 1702
 5    Los Angeles, CA 90013
      Telephone: (2 13) 897-2557
 6    Facsimile: (213) 897-2804
     Attorneys for Complainant
 7

 8                               BEFORE THE
           BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS
 9                     DEPARTMENT OF CONSUMER AFFAIRS
                             STATE OF CALIFORNIA
10

11   In the Matter of the Petition to Revoke             Case No. PT-2004-1795
     Probation Against:
12
     HUBERT ANTHONY BUNTON
13   1255 West Morgan Street                             PETITION TO REVOKE PROBATION
     Rialto , CA 92376
14
     Psychiatric Tec1mician License No. PT 32677
15
                                           Respondent.
16

17

18         Complainant alleges:

19                                                PARTIES
20         1.    Teresa Bello-Jones, J.D. , M.S.N. , R.N. (Complainant) brings this Petition to Revoke

21   Probation solely in her official capacity as the Executive Officer of the Board of Vocational

22   Nursing and Psychiatric Technicians, Department of Consumer Affairs (Board).

23         2.    On or about April 19, 2005, the Board issued Psychiatric Technician License No. PT

24   32677 to Hubert Anthony Bunton (Respondent). The Psychiatric Technician License is active

25   and renewed through September 30,2012.

26         3.    In a disciplinary action entitled In the Matter ofAccusation Against Hubert Anthony

27   Bunton, Case No . PT-2004-1795 , the Board issued a decision, effective June 25,2009, in which

28   Respondent's Psychiatric Technician License was revoked . However, the revocation was stayed


                                                                     PETITION TO REVOKE PROBATION
 1   and Respondent's Psychiatric Technician License was placed on probation for a period of three

 2   (3) years with certain terms and conditions. A copy of that decision is attached as Exhibit A and

 3   incorporated by reference.

 4         4.    The terms and conditions of probation provide at Condition 14 of the Decision that "if

 5   Respondent violates the conditions of his probation, the Board, after giving the Respondent notice

 6   and an opportunity to be heard, may set aside the stay order and impose the stayed discipline,

 7   (revocation) of the Respondent's license." Condition 14 further provides that if"an accusation or

 8   petition to revoke probation has been filed against Respondent's license or the Attorney General's

 9   Office has been requested to prepare an accusation or petition to revoke probation against

10   Respondent's license, the probationary period shall automatically be extended and shall not

11   expire until the accusation or petition has been acted upon by the Board."

12         5.    On or about May 17,2012, the Board requested that the Attorney General's Office

13   prepare a petition to revoke probation against the Respondent's license, thereby automatically

14   extending the probation period, which will not expire until the accusation and/or petition has been

15   acted upon by the Board.

16         6.    The psychiatric technician license was in effect at all times relevant to the charges

17   brought herein and will expire on September 30, 2012, unless renewed.

18                                            JURISDICTION

19         7.    This Petition to Revoke Probation is brought before the Board under the authority of

20   the following laws. All section references are to the Business and Professions Code unless

21   otherwise indicated.

22                                     STATUTORY PROVISIONS

23         8.    Section 118, subdivision (b), provides that the expiration of a license shall not deprive

24   the Board jurisdiction to proceed with a disciplinary action during the period within which the

25   license may be renewed, restored, reissued or reinstated. Under section 4545, the Board may

26   renew an expired license at any time within four (4) years after the expiration.

27

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                                                                      PETITION TO REVOKE PROBATION
 1          9.     Section 4520 provides that the Board may discipline any licensed psychiatric

 2   technician for any reason provided in Article 3 (commencing with section 4520) of the

 3   Psychiatric Teclmicians Law (Code' 4500, et. seq.)

 4                                           PROBATION TERMS

 5          10.    Among the terms and conditions imposed by the Board in Case No. PT-2004-1795

 6   are:

 7          1. 	   OBEY ALL LAWS
                   Respondent shall obey all federal , state and local laws, including all statutes and
 8                 regulations governing the license. Respondent shall submit, in writing, a full and
                   detailed account of any and all violations of the law, including alleged violations, to
 9                 the Board within five (5) days of occurrence.

10                 To ensure compliance with this condition, Respondent shall submit fingerprints
                   through the Department of Justice and Federal Bureau of Investigation within thirty
11                 (30) days of the effective date of the decision, unless the Board determines that
                   fingerprints were previously submitted by the Respondent to the Board.
12
                   Respondent shall also submit to the Board a recent 2" x 2" photograph of himself
13                 within thirty (30) days of the effective date of the decision.

14                 If Respondent is under a criminal court order, including probation or parole, and the
                   order is violated, it shall be deemed a violation of these probation conditions.
15
            2. 	   COMPLIANCE WITH PROBATION PROGRAM
16
                   Respondent shall fully comply with the conditions of probation established by the
17                 Board and shall cooperate with representatives of the Board in its monitoring and
                   investigation of the Respondent's compliance with the Probation Program.
18

19          3. 	   SUBMIT WRITTEN REPORTS

20                 Respondent shall submit or cause to be submitted, under penalty of perjury, written
                   reports, declarations and verification of actions as required by the Board or its
21                 representatives. These reports or declarations shall contain statements relative to
                   Respondent's compliance with all the conditions of the Board 's Program.
22                 Respondent shall immediately execute all release of information forms as may be
                   required by the Board or its representatives.
23
                   In the first report, Respondent shall provide a list of all states and territories where he
24                 has ever been licensed as a vocational/practical nurse, psychiatric technician, or
                   registered nurse . Respondent shall provide information regarding the status of each
25                 license and any change in license status during the period of probation. Respondent
                   shall inform the Board if he applies for or obtains a new nursing or psychiatric
26                 technician license during the period of probation.

27                 Respondent shall provide a copy of the Board's decision to the regulatory agency in
                   every state and territory in which he has applied for or holds a vocational/practical
28                 nurse, psychiatric technician and/or registered nurse license.

                                                         3
                                                                          PETITION TO REVOKE PROBATION
 1         8.    EMPLOYMENT REQUIREMENTS AND LIMITATIONS
 2               Respondent shall work in his licensed capacity in the State of California. This
                 practice shall consist of no less than six (6) continuous months and of no less than
 "
 .)              twenty (20) hours per week .
 4               Respondent shall not work for a nurses ' registry or in any private duty position, a
                 temporary nurse placement agency, as a faculty member in an accredited or approved
 5               school of nursing, or as an instructor in a Board approved continuing education
                 course except as approved, in writing, by the Board. Respondent shall work only on
 6               a regularly assigned, identified and predetermined work site(s) and shall not work in
                 a float capacity except as approved, in writing, by the Board.
 7
           10.   COMPLETION OF EDUCATIONAL COURSES(S)
 8
                 Respondent, at his own expense, shall enroll and successfully complete a course(s)
 9               substantially related to the violation(s) no later than the end of the first year of
                 probation.
10
                 The coursework shall be in addition to that required for license renewal. The Board
11               shall notify the Respondent of the course content and number of contact hours
                 required. Within thirty (30) days of the Board 's written notification of assigned
12               coursework, Respondent shall submit a written plan to comply with this requirement.
                 The Board shall approve such plan prior to enrollment in any course of study.
13
                 Upon successful completion of the course, Respondent shall submit "original"
14               completion certificates to the Board within thirty (30) days of course completion.
15         11.   MAINTENANCE OF VALID LICENSE
16               Respondent shall, at all times, maintain an active current license with the Board
                 including any period of suspension.
17
                 Should Respondent's license expire, by operation of law or otherwise, upon renewal
18               or reinstatement, Respondent's license shall be subject to any and all conditions of
                 this probation not previously satisfied.
19
           14.   VIOLATION OF PROBATION
20
                 If Respondent violates the conditions of his probation, the Board, after giving the
21               Respondent notice and an opportunity to be heard, may set aside the stay order and
                 impose the stayed discipline (revocation) of Respondent's license. If during
22               probation, an accusation or petition to revoke probation has been filed against the
                 Respondent's license or the Attorney General's Office has been requested to prepare
23               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
24               accusation or petition has been acted upon by the Board.
25

26
      II
27    II
      II
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                                                                     PETITION TO REVOKE PROBATION
                               FIRST CAUSE TO REVOKE PROBATION

 2                                             (Obey All Laws)

 3         4.     Respondent' s probation is subject to revocation for failure to comply with Probation

 4   Condition I , Obey All Laws, when Respondent failed to submit, in writing, a full and detailed

 5   account of all violations of the law, including alleged violations, to the Board within five (5) days

 6   of occurrence. According to the San Bernardino Superior Court he was issued the following

 7   traffic citations:

 8                  San Bernardino Superior Court case number 05608MMHB , traffic citation issued

 9                  March 9, 2010 for violating Vehicle Code Section 22349(a), exceeding 65 miles per

10                  hour. Failure to Appear in court, fine and fees ordered in the amount of $680.00.

11

12                  San Bernardino Superior Court case number H009053AHB, traffic citation issued

13                  August 27, 2011 for violating Vehicle Code Section 21453(a), failure to stop on a

14                  red signal. Failure to Appear in court, fine and fees ordered in the amount of

15                  $855.00.

16                  Respondent failed to submit a current 2-inch by 2-inch photograph of himself within

17                  (thirty) 30 days as required. At his initial meeting with Board staff he was directed

18                  to submit a photograph no later than August 12,2009, and failed to do so. He was

19                  notified in the Notice of Probation Violation dated October 22, 2009, to submit a

20                  photo no later than November 23,2009 without success. A photograph was

21                  ultimately received January 14,2010, one hundred and fifty-five (155) days past

22                  due.

23                             SECOND CAUSE TO REVOKE PROBATION

24                                 (Compliance with Probation Program)

25         5.     Respondent's probation is subject to revocation for failure to comply with Probation

26   Condition 2, Compliance with Probation Program, when he failed to cooperate with the Board ' s

27   representatives in the monitoring of his compliance with the Probation Program as noted herein.

28   II

                                                       5

                                                                       PETITION TO REVOKE PROBATION
                              THIRD CAUSE TO REVOKE PROBATION

 2                                       (Submit Written Reports)

 3         6.    Respondent's probation is subject to revocation for failure to comply with Probation

 4   Condition 3, Submit Written Reports, when Respondent failed to submit the following Quarterly

 5   Written Reports certifying and documenting his compliance with all the conditions of probation

 6   in a timely matter:

 7   Reporting Period               Due Date                Date Received            Days Delinquent
     July - September 2009          October 7, 2009         January 14, 2010         99
 8
     October ­ December 2009        January 7, 2010         January 14, 2010         7
 9   January - March 2010           April 7, 2010           June 21, 2010            75
     April - June 2010              July 7, 2010            August 17,2010           41
10   October ­ December 2011        January 7, 2012         March 7,2012             59

11   In addition, Respondent provided false information on his January - March 2010 Quarterly
     Written Report by failing to report his March 9, 2010 traffic citation.
12

13   Respondent failed to submit the following Quarterly Written Reports, certifying and documenting
     his compliance with all the conditions of his probation as required:
14
     Reporting Period                     Due Date
15
     July- September 2010                 October 7,2010
16   October - December 2010              January 7, 2011
     January - March 2011                 April 7, 2011
17   April- June 2011                     July 7, 2011
     July- September 2011                 October 7, 2011
18   January - March 2012                 April 7, 2012
19
     In addition, Respondent failed to submit a written statement identifying each state or territory he
20   had ever been licensed as required. Respondent was directed to submit a written statement no
     later than September 12,2009, without success. A statement was received April 1, 2010, two
21
     hundred and one (201) days past due .
22                           FOURTH CAUSE TO REVOKE PROBATION
23                     (Notification of Address and Telephone Number Change(s)
24         11.   Respondent's probation is subject to revocation for failure to comply with Probation
25   Condition 4, Notification of Address and Telephone Number Change(s), when Respondent failed
26   to claim mail sent by the Board. Respondent was sent correspondence on October 7,2011, by
27   First Class and Certified Mail. The Certified Mail was returned to the Board by the United States
28

                                                      6

                                                                      PETITION TO REVOKE PROBATION
 1   Postal Service as "Unclaimed". Respondent was sent correspondence on May 17, 2012 , by First

 2   Class and Certified Mail. The Certified Mail was returned to the Board by the United States

 3   Postal Service as "Unclaimed".

 4                             FIFTH CAUSE TO REVOKE PROBATION

 5                                      (Notification to Employer(s)

 6         12.   Respondent' s probation is subject to revocation for failure to comply with Probation

 7   Condition 7, Notification to Employer(s) when Respondent failed to submit a written statement

 8   from his employer confirming receipt of the Board's Decision and Disciplinary Order and of

 9   information regarding his current position.

10         Respondent was required to notify his employer no later than the effective date of the

11   Decision and directed to submit a written statement, on letterhead, no later than September 12,

12   2009 , without success. Written confirmation was received July 19,2010, three hundred and ten

13   (310) days past due.

14         In addition, Respondent failed to notify the Board, in writing, of any change in employment

15   status within five (5) days as required.

16         Respondent notified the Board June 21 , 2010, that he suffered an injury at his place of

17   employment March 8, 2008 and returned the week of June 8, 2010, ninety-nine (99) days past

18   due. Respondent notified the Board on March 7, 2012, his employment with Patton State

19   Hospital ended on October 30, 2011, one hundred and twenty-three (123) days past due.

20         On March 28, 2012, the Board received confirmation from Patton State Hospital he was

21   separated from employment effective December 19,2011, via non-disciplinary Absent Without

22   Leave (AWOL). Specifically, his last day worked was November 1,2011. After calling off work

23   during the week of November 7, through November 11,2011 Respondent failed to return to work

24   or respond to his employers attempts to contact him.

25         The information Respondent provided, to the Board, regarding his final date of employment

26   and cause for separation is inconsistent with his employer's documentation.

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                                                      7

                                                                     PETITION TO REVOKE PROBATION
           Furthermore, Respondent failed to cause his employer to submit the following Work

 2   Performance Evaluation forms , assessing his knowledge, quality of nursing skills and ability to

 3   work in a health care environment as required:
     Reporting Period             Due Date
 4   July - September 2010        October 7,2010
     October-December 2010        January 7, 2011
 5
     January - March 2011         April 7, 2011
 6   April- June 2011             July 7,2011
     July- September 2011         October 7,2011
 7
                              SIXTH CAUSE TO REVOKE PROBATION
 8
                              (Employment Requirements and Limitations)
 9
           13.   Respondent's probation is subject to revocation for failure to comply with Probation
10
     Condition 8, Employment Requirements and Limitations, when Respondent failed to submit
11
     documentation from his employer identifying his current position, regularly assigned work site
12
     and work schedule as required. Respondent was directed to submit a written statement from his
13
     employer, on letterhead, no later than September 12, 2009, without success. Written confinnation
14
     was received July 19,2010, three hundred and ten (310) days past due.
15
                               SEVENTH CAUSE TO REVOKE PROBATION
16
                                          (Supervision Requirements)
17
           14.   Respondent's probation is subject to revocation for failure to comply with Probation
18
     Condition 9, Supervision Requirements, when Respondent failed to submit documentation from
19
     his current employer identifying how he was supervised and whether or not he had supervisory
20
     responsibilities. Respondent was directed to submit a written statement from his employer, on
21
     letterhead, no later than September 12, 2009, without success. Written confirmation was received
22
     July 19,2010, three hundred and ten (310) days past due .
23
                              EIGTH CAUSE TO REVOKE PROBATION
24
                                  (Completion of Educational Courses)
25
           15.   Respondent's probation is subject to revocation for failure to comply with Probation
26
     Condition 10, Completion of Educational Courses, when Respondent failed to submit
27
     confirmation of completing the assigned coursework relating to Law and Ethics and Chemical
28

                                                      8

                                                                     PETITION TO REVOKE PROBATION
     Dependency/Substance Abuse, 30 contact hours each. The courses were assigned at his meeting

 2   with Board staff on August 12, 2009, to be completed within the first year of probation June 24,

 3   2010. Respondent was directed to submit a written plan to complete the courses no later than

 4   September 12,2009, without success. Respondent' s written plan was received January 14, 2010,

 5   one hundred and twenty-four (124) days past due. The Board has not received the original course

 6   completion certificates, to date.

 7                             NINTH CAUSE TO REVOKE PROBATION

 8                                            (Cost Recovery)

 9         16.   Respondent's probation is subject to revocation for failure to comply with Probation

10   Condition 12, Cost Recovery, when Respondent failed to reimburse the Board $1,750.00 for the

11   costs associated with the investigation and enforcement, as agreed. During Respondent's meeting

12   with Board staff, Respondent agreed to make thirty (30) monthly payments of $57.00 and a final

13   payment of$40.00, beginning September 2009. The Board mailed three (3) separate Demand for

14   Payment Notices dated October 19,2009, March 3, 2010, and June 3, 2010, without success.

15   Respondent's then balance of$l, 130.00 was ultimately referred to collections on August 5,

16   2010. On March 30, 2011, the Board received a payment of $1, 130.00 from the Franchise Tax

17   Board Intercept Program.

18

19                                                  PRAYER

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

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

22         l.    Revoking the probation that was granted by the Board in Case No. PT -2004-1795 and

23   imposing the disciplinary order that was stayed thereby revoking Psychiatric Technician License

24   No. PT 32677 issued to Hubert Anthony Bunton;

25         2.    Revoking or suspending Psychiatric Technician License No. PT 32677, issued to

26   Hubert Anthony Bunton; and,

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

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                                                                     PETITION TO REVOKE PROBATION
 2                                      - ONE, .D., M . .N., R.N.
                     Executive Officer
 3                   Board of Vocational Nursing and Psychiatric Technicians
                     Depattment of Consumer Affairs
 4                   State of California
                     Complainant
 5

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                        10
                                         PETITION TO REVOKE PROBATION
                               Exhibit A

                             Decision and Order 


Board of Vocational Nursing and Psychiatric Technicians Case No. PT-2004-1795 

 1                                         BEFORE THE 

                                 BOARD OF VOCATIONAL NURSING 

 2
                                  AND PSYCHIATRIC TECHNICIANS 

 3                              DEP ARTMENT OF CONSUMER AFFAIRS 

                                       STATE OF CALIFORNIA 

 4

 5   In the Matter of the Accusation Against:      Case No. PT-2004-1 795 

 6
     HUBERT ANTHONY BUNTON
 7   1255 West Morgan Street                       OAHNo.2008110447 

     Rialto, CA 92376
 8
     Psychiatric Technician Nurse License No.
 9   PT 32677
10
                                    Respondent.
11

12
                                                  DECISION
13

14
               The attached Proposed Decision of the Administrative Law Judge is hereby adopted by the
15
     Board ofVocational Nursing and Psychiatric Technicians as the final Decision in the above-entitled
16
     matter.
17

18

19             This Decision shall become effective on hme 25, 2009. 

20
               IT IS SO ORDERED this 26th day of May, 2009. 

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                             BEFORE THE 

                DEPARTMENT OF CONS UJ\1ER AFF AlRS 

    BUREAU OF VOCATJ01\AL NURSING AN D PSYCHIATRJ C TECHN1CIAN S 

                       ST A TE OF CALIFORNIA 



In the Matter oflhe Accusation Against:             Case No . PT-2004-1 795

HUBERT A. T
          THON Y BUNTON                             OAl-I No . 2008 11 0447

Li cense N o. PT 32677

                             Respondent.




                                  PROPOSED DECISION

        James Ahler, Administrative Law Judge, Office of Administrative Hearings, State of
 California, heard this matter in San Diego: California, on February 20, 2009.

       Christina Thomas, Deputy Attorney General, Department of Justice, represented
 complainant Teresa Bell o-Jones, J.D. , M.S.N ., R.N., Executive Officer, B oard of Vocational
 Nursing and Psychiatric Technicians (board).

       Steven Bassoft, Attorney at Law, represented respondent Hubert Anthony Bunton,
 who \vas present thIough out the disciplinary proceeding.

        The matter was submitted on February 20, 2009.


                                     FACTUAL FINDINGS

  Jurisdictional Matters

          1.      On May 1, 2007 , complainant Teresa Bell o-Jones, J.D ., M.S .N ., R.N. ,
  Executive Officer, Board of Vocational Nursing and Psychiatric Techni cians (the Board),
  Department of Consumer Affairs, State of California: signed the accusation in her official
  capacity. The accusation sougbt to impose discipline against P sychiatric Technician License
  No. PT 32677 issued to respondent Hubert Anthony Bunton (Bunton or respondent) on the
  basis ofa 1\11arch 2001 misdemeanor conviction for driving under the influence and Bunton' s
  faLlure to disclose that conviction \vhen be applied to the Board for a li cense.

         The accusation and other required jurisdictional documents v/ere served on Bunton,
   who timelY flled a notice of defense.                                .
        The record in this disciplinary proceed ing was opened on February 20: 2009 .
.lurisdictional documems v/ere presented, documentary evidence was produced. s\vorn
testimony " "vas received, closing argum ents \vere given . the record vvas closed. and the m atle r
\vas submitted.

License HislOrv

      2.      On Apri l 19,2005 . the Board issued Psychiatric Technician L icense No . PT
32677 to Bunton. Thm license is in force and effect thro ugh September 30, 2010 , unless
suspended or revoked.

       There is no previous history of an y discipline having been imposed against BU!1LOl1' s 

psychiatri c technician's license. 


BunIOn's Conviction

        3.     On March 13 , 200 1. Bunton was conv icted on his plea of guilty of violating 

 Arizona R evised Statutes section 28-131 (driving under the influence), a misdemeanor not 

 involving moral turpitude, in the Justice Co urt of Arizona, Cochise County , Precinct # 5: in 

 Case No. TR200 10 1626. 


        Bunton was ordered to pay a $555 Ene , to spend ten days in custody (v\/ith nine days
 suspended), and was directed to undergo alcohol screening/counseling and t o attend a v ictim
 impact seminar. Bunton was booked and released (thereby sati sfying the custody condition),
 attended the victim impact seminar and was evaluated by the Alco hol and Drug Abuse
 Prevention Program in Ft. Huach uca: Arizona. It is uncertain if Bunton paid the Ene .

 Circumstances a/the Offense

           4.       On Ivlarch 3, 200L Sierra Vista l) oli ce Department Officer Lawrence Bov..,1te
  (Oiflcer B O\Artte) obser ved Bunton stumble and nearl y fallout of a tax.i cab and then get into
  a \vhite l\/l azda which he drove northbound on Higbway 92 in an erratic fashion. Officer
  Bowtee fo ll owed and stopped the Mazda. Bunton exhibited sign s and symptoms consistent
  \\Iitb being under t h e inDuence, and Officer Bowtte requested that Bunton undergo field
  sobriety tests . After B unton refused, he was arrested for driving under tbe inDuence. Bunton
   initially refused to provide a biological sample to determine the level of his intoxication, but
   he later relented. No evidence was prov ided to establ ish Bunton~s blood alcohol level at the
   t im e of his arrest, although Bunton testiEed that the judge 'Nbo sentenced him said it was less
   than the presumptive limit.

  Explanation lor the F ailw'e to Disclose

           5.     Bunton testiEed thm be discussed his DDT conviction with his instructors at
   Valley Community College when he \;v as completing h is applicatio11 for licensure. and he
   said that they told him thm he did not have to disclose a traffic offe11se involving a fine of


                                                     2
:b500 or les s. Bunton could not recall the full names orthe persons giving him this advice .
Bunton di d not ask anyone 8.l the B oard if t11is advice was valid or ,,,-'hether he was required
to disclose his Marel1 2001 DUI conviction. Bunton testified that he thought that his fme
was $5 00 when h e completed the paperwork, and i1 v/as for that reason that he did not
 disclose his DUI conviction.

        6.       In response to Questi on 7 in the Record of Conviction form - asking "HAVE
YO U EVE R BEEN 'CONVICTED' OF ANY OFFENSE INCLU DING TRAFFI C VIOLATiONS?" - Bunton
checked the "No" box. The bael, of the Record of Conviction form Bunton completed stated
that trafflc v iolations for which the only sentence imposed was a fm e of less than $500 did
not have t o be reported (emphasis added ). The bottom of the form stated that the failure to
provide an y of the requested information would result in the application being rej ected.

        Bunton signed the Record of Conviction form under penalty of perjury on December 

 16, 2004 , certify ing that his answers were conect. 


 Other Matters

         7.     Bunton was born on September 3,1958, in El Paso, Texas. He grew up in a 

 military family , residing throughout the United States . He obtained a GED while he was 

 living in El Paso. 


         Bunton joined the United States Army and was on active duty from 1976 through
  1996, when he was honorably discharged. His last assignment was in military intelligence.
  He attained the rank of Sergeant First Class.

         F ollmving his discharge from active duty, Bunton worked as a manager of a Big 5 

  sporting goods store in Sierra Vista, Arizona, from 1996 through 1999 . In 1999 , Bunton, 

  who was a disabled veteran, began studying to become a rehabilitation therapist. It was 

  during this period of his life that Bunton was anested and convicted for driving under the 

  influence. According to Bunton, he has no other convictions. 


          In 2001, Bunton's stepfather passed away and he moved to California to care for his
   m other, who Vias disabled. He has lived with his mother since then . After moving to
   California, Bunton began studies to become a licensed psychiatric tecb11ician at Valley
   Community College in San Bernardino.

         Bunton began working as a psychiatric technician trainee at Patton State Hospital in
   May 2004 and be graduated from the training program at Valley Community College in
   December 2004. He became licensed as a psychiatric technician thereafter and has continued
   his employment at Patton State Hospital.


           8.     Patton State H ospital is a major forensic mental hospital operated by the
    California Department of Mental Health in San Bernardino. The hospital has a popUlation of
approx imately J ,300 mentally disordered men and ''''omen who ha ve been commined by tbe
judicial system for psychiatric care ancllreatment. Patlon Slate H ospital employs licensed
psycbiatric technicians. ,,/ho work under tbe super vision of the direclOr of their facility. who
provide direct care LO patients experiencing mental disorders or illnesses .


       9.      ln co nnection viith bis duti es at Patton State Hospital , Bunton works full time
in an assignment in which be provides care to ' ·13 70s" J, mal~ and fe male, through the
administration of psychotr opic medications and/or counseling. The patient population is
very ditlicult and the work is challenging.

        Bunton provided two recent performance appraisals in \vbicb be was determined by 

his immedime supervisor to meet or exceed expected standards of performance. Comments 

from his superv isor on those forms included "A pleasure to work v,,Iith,'· completes weeklies 

in a timel y manner," "When tbere is a problem you take action without being instructed to ," 

and .'\' ou are an asset to unit 20 . an excellent counselor \vho takes care of your indivi duals, 

we always appreciate your teamwork ." 


         10.     Bunton Vias single at the time of the hearing. Bunton makes approximately
         per month from his ·work as a psychiatric technician when he \vorles full time 2 , and he
 3) J ,800
 receives an additional $600 per month from the Army for a service-related disability . He is
 purchasing a bome 'which has monthly payments of $2,200. In addition, Bunton pays $253
 per month to purchase his vehicle and pays $490 a month in child suppor t for an 18 -ye ar-old
 daughter \"/ho attends college in Pennsylvania. Presumably Bumon 's mother, an 82-year -o ld
 disabled L VN, has some source of income which helps support the household in which she
  currently lives.

  Disciplinary Guidelines

         1 1.   Business and Professions Co de sections 2841.1 and 4501.1 mandate that
  prOlection ortbe public shall be tbe highest priority for the Board of YocationaI Nursing and
  Psychiatric Technicians in exercis ing its licensing, regulatory, and disciplinary functions.
  Whenever the protection of the public is inconsistent w ith other interests sought to be
  promoted, the protection of the public shall be paramount.

         To facilitate uniformity of disciplinary orders and to ensure that its disciplinary
  policies are known, the Board adopted Disciplinary Guidelines. The guidelines are intended

             This is the term applied by Patton Stale Hospital employees to patients who are found too incompeten t to
   stand trial Penal Code section 1370, subdivision (b) essentiall y provides that if a defendant is fo un d mentally
   incompetem, the trial or judgment must suspe nd ed until the person becomes mentally competent; in the meantime,
   the mentally incompetent defendant must be del ivered by the sheriff to a state hospita l for the care and treatment of
   the mentally disordered or to any other available public or private treatment facility approved by the community'
   program director that promotes the defendant's speedy restoration to menta l competence.

           Bunton had two seizures last year , which necessitated time away from work, and also suffers from migraine
   headaches . He is entitled to some type offami ly leave for these conditions.


                                                               4
for us e by individuals inv ol ved in disciplinary proceedings against vocmional nurse and
psychiatri c technician li censees or applicams, in cluding administrmive 1av/ judges and
attorneys, as 'vvell as the Board members who rev iew proposed decisions and stipulati ons and
hav e ultimate authority to make fin al deci sions.

        'While recognizing the concept that administrati ve 1m", judges must be free to exercise
their discretion, the Board requests that these guidelines be followed to the extent possible
and that any departures be noted and explained in the Proposed Decision.

         The B oard requests that matters in extenuation and mitigation, as well as those in 

 aggravation, be full y considered and noted in the Proposed Decision. Of primary importance 

 is the effect the respondent' s conduct had or could have had on the health, safety and welfare 

 of California consumers. 


        In determining whether revocation, suspension or probation should be imp osed in a 

 given disciplinary action, the following factors should be considered: 


     • 	 Nature and severity ofthe act(s), offense(s), or crime(s) under consideration.

     • 	 Actual or potential harm to the public .

     • 	 Actual or potential harm to any pati ent.

     • 	 Overall disciplinary.record.

      • 	 Overall criminal actions taken by any federal, state or local agency or court.

      • 	 Prior warnings on record or prior remediation.

      • 	 Number and/or variety of current violations.

      • 	 Mitigation evidence.

      • 	 In case of a criminal conviction, compliance with terms of sentence and/or comi­
          ordered probation .

       • 	 Time passed since the act(s) or offense(s) occurred.

       • 	 If applicable, ev idence of proceedings to dismiss a convi ction pursuant to Penal Code
           section 1203.4.

       • 	 Cooperation with the Board and other 1av: enforcement or regulatory agencies.

       • 	 Other rehabilitation evidence .


                                                     5
       12.      Essentially the accusati on alleged th at Bumon \vas conv icted or a substamiallv
related crim e and then procured his license by misrepresemari on . .

        For unprofessional conduct in violation of Business and Profession::, Code section
4521 . subdivision (d): the guideline s recommend a maximum sanction of outright revocation
and a minimum sanction of revocation. stayed: witl1 three years probation "vith standard
conditions of probation and spec ial conditions as appropriale.

         F Of making a false or misleading statement on applicati on for initial licensure in
vio lation of Business and Professions Code section 4521 , subdivision (e) : the guidelines
recommend and maximum sanction of outright revocation and a minimum sanction of
revocation: stElyed. \\lith three years probation and special conditions of probation as
appropriate.

Th e Appropriale A1easure ojDiscipline

         13.    Bunton was convicted of driving under the innuence in Arizona in March
 200 I, seven years ago. Bunton was nm a licensed health care provider at the time. Tbe
 police report indicated that Bunton was highl y intoxicated and was unable to care for his own
 safety or the safety of others , but his blood alcohol level was not established. The sentence
 imposed for this DUT offense by the Arizona Justice Court was far less than the sanction that
 wo uld have been imposed had the crime been committed in California. Bunton has n o other
 criminal conv ictions, \vhich is significant in assessing whether he has a substance abuse
 problem, because alcoholics , drug addicts: and sllbstance abusers typically have more than
 one conv iction.

         Bunton failed to disclose his DUI conviction in his December 2004 application for
 licensure . Bunton 's excuse for failing to do so was not particularly compelling: but it cannot
 be concluded on this record that Bunton intended t o mislead the Board, although an inference
 to that effect could b e drawn.

         The oLllright revocmi on of Bunton' s license is not supported by thi s record.

          Bunton' s history of service at Patton State Hospital established that be does not pose
  an immediate risk to the public in his licensed capacity as a psychiatric technician, but his
  DUl conviction and, more importantly , hi s more recent failure to disclose that conviction in
  his application rai se sufficient concerns about his character that the public interest will best
  be served by placing Bunton on probation and requiring him to n otify his employer ofthe
  fact of his probation and the reasons for it. The record does not support conditions of
  pr obation requiring that Bunton abstain from the use of alcohol, undergo a substance abuse
   rehabilitation program: or be tested. This disciplinary order falls squarely within the Board' s
   guidelines.




                                                   6
Casu aflnvestlgariol1 and Prosecution

         14.   The deputy anorney general wh o prosecuted thi s acti on filed a Certification of
J)rosecution Costs which established that from January 24 , 2007, through February 2, 2009,
the Attorney General 's Office biUed approximately 16 hours oflegal services a1 the rate of
$1 58 per hour through February 2, together with reasonable costs of preparation thereafter.
Counsel for complainant v,as well prepared and highl y professional. It is concluded that had
all charges in the accusation been established and had the Zuckerman principles not applied
 (see Legal Conclusion 14), then an order directing Bunton to pay prosecution costs of$3,500
 w oul d have been issued.

       However all the charges alleged were not established. Bunton used the hearing
process to obtain dismissal of some charges and a reduction in the severity of the discipline
proposed. Bunton held a subjective good faith belief in the merits of hi s position and raised a
successful challenge to the proposed discipline of an outright revocation. He established
some financial hardship if he were required to pay full costs. Under the Zuckerman
principles, an award of $1 ,750 in costs of prosecution is reasonable under all the
circumstances.


                                   LEGAL CONCLUSIONS

 Purpose ofLicense Discipline

        1.     The main purpose of license discipline is protection of the public through the
 prevention of future harm and the improvement and rehabilitation ofthe licensee. It is far
 more desirable to impose discipline before a licensee harms any patient than after ha1111 has
 occurred. (Griffiths v. Superior Court (2002) 96 Cal.App.4th 757 , 772 .)

  Burden and Standard ofProof

          2.      The standard of proof in an administrative action seeking to suspend or revoke
  a professional license is " clear and convincing evidence." (Ettinger v. Board ofMedi cal
  Quality Assurance (1982) 135 Cal.App.3d 853 , 856.) Clear and convincing evidence
  requires a finding of high probability, or evidence so clear as to leave no substantial doubt;
  sufflcientl y strong ev idence to command the unhesitating assent of every reasonable mind.
  (Katie V v . Superior Court (2 005 ) 130 Cal.App.4th 586 , 594. )

   Disciplinary Statutes and Regulations

          3.      Business and Professions Code section 480 provides in part:

          "(a) A board may den)! a license regulated by this code on the grounds that the
          applicant has one of the following:



                                                   7
        ( 1)   Been conviCled of a crime . ..

        (2 ) D one any aCl involving disl10nesty. fraud. or dece it \;vith tbe intem LO
       substantially benefit himself or hersel f or anotber, or substantiall y injure
       another.

       (3 )(A)Done any act that if done by a licentiate of tbe busines s or profession in
       question, vvouJd be grounds for suspension or revocation of li cense.

            (B ) The board may deny a license pursuant to tbis subdivision only if the
        crime or act is substantially related to the qualifications, functi ons, or duties of
        the business or profession for v/hic11 application is made .



(c) A board may deny a license regulated by this code on the gro und that the
applicam kl1ov/ingly made a false statement of fact required to be revealed in
tbe application for the license."

4.      Business and Professions Code section 490 provides in part:

"(a) In addition to any other action that a board is permitted to take against a licensee,
a board may suspend or revoke a license on the ground that the licensee has been
convicted of a crime, if the crime is substantially related to t1le qualifications,
functions, or duties of tbe business or profession for which the license was issued.

(b) Notwithstanding any other provision of lmv, a board may exercise any authority to
discipline a licensee for conviction of a crime ... only if the crime is substantially
related to the qualifications, functions, or duties of the business or profession for
\;vhi ch the licensee's license was issued.

 (c ) A conviction \vithin tbe meaning of this section means a pJea or verdict of 

 guilty.... ,. 


 5.       Business and Professions Code section 4521 provides in part:

 "The board may suspend or revoke a license issued under this chapter for any of the
 fol lowing reasons:

 (a) Unprofessional conduct, which includes, but is not limited to, any of the 

 follow ing: 





                                                8

        (5) Use any ... alcoholic beverages: lO an eXlenl or in a manner dangeroLls or
injurious 1O himself or herself, any other person. or the publ ic or to the eXlem that the
use impairs his or her ability to conduct \vitb safety 1O th e public the practice
authorized by bis or her license .




       (7) Be committed or confined by a CO Llrt of comp etent juri sdiction for
intemperate use of or addiction to the us e of any of the substances described in
paragraphs (4) and (5) , in which evenl the court order of commitm em or confmement
is prima facie evidence of the commitment or confmement.




 (b) Procuring a certificate or li cense by fraud, misrepresentation, or mistake.




 (d) Violating or attempting to violate, directly or indirectly, or assisting in or abetting
 the v iolation of, or conspiring to violate any provision or terms of this chapter.

 (e) Giving any false statement or information in connection with an application.

  (f) Conviction of any offense substantially related to the qualifications, functions, and
  duties of a psychiatric technician, in which event the record of the conviction shall b e
  conclusive evidence of the conviction. The board may inquire into the circumstances
  surrounding the commission of the crime in order to fix the degree of discipline .




   (n) The commission of any act involving dishonesty, when that action is substantiall y
  related to the duties and functions ofthe licensee."

   6.     Califomia Code of Regulation s, title) 6, secti on 2576 .6 provides in part:


   " (b ) A li censed psychiatric technician shall adhere to standards of the profess ion and
   shall incorporate ethical and behavioral standards of professional practice whi ch
   include but are not limited to the fo llmving:




    (4) Abstaining from chemical/substance abuse . ..




                                             9
       (c ) l". violation of this section constitutes unprofessiona l conduct for purposes of
       ini tiating disc ip iinary anion ."

         7.     California Code of Regu lcll ions , title 16 . section 2578 sets forth "subslanti al
relatio nship criteria." It pro vides in part:

           "For the purposes of denial , suspension. or revocation of a license pursuant to
           Division l.5 (commenc ing \vitb Section 475 ) oftbe Business and Professions Code. a
           crime or act shall be considered to be substantiall y related to tbe qualifications ,
           functi ons or duties of a licensed psychiatric technician if lo a substantial degree it
           evi dences present or pOlential unfitness of a licensed psychiatric technician L o
           perform the functions authorized by his license in a manner consistent with the public
           health, safety, or welfare. Such crimes or acts shall include but n91 be limited to those
            invol ving the foll owing:

           (a) Procuring a license by fraud, misrepresentation, or mistake.




            (c) Violating or anempting to violate, directly or indirectly , or assisting in or abetting
            the violation of, or conspiring to violate any provision or term of Chapter 10 , Division
            2 of the Business and Professions Code.




            (f) An} crime or act involving the sale, gift. administration, OT furnishing of
            ; narcotics or dangerous drugs or dangerous devices' as defll1ed in Section 4022 of the
            Business and Profess ions Code .,,3

  Cause to Impose Discipline

         8.      Cause does not exist to impose discipline under Business and Professions 

  Code section 480 as that provision specifies grounds for the denial of an application for 

  licensure, but not grounds for the revocation of an existing license. 


          9.     Cause does not exist to impose discipline under Business and Professions
  Code section 4521, subdivision (a)(5) in that the clear and convincing evidence did not
  establish that Bunton has used alcoholic beverages to an extent or in a manner dangerous or
  injurious to himself or to the public except on March 3, 2001, 'w hen he was observed in an
  intoxicated state in public and was determined to be driving under the influence. While these
  events were unlavlful and established that on one occasion Bunton consumed an excessive
  amounl of alcohol and was a danger to himself and other, it did not establish a dangerous


             Alcoho l is not a dangerous drug or device within the meaning of Business and Professions Code se ction
   4021.


                                                             10
"use" of alcoh ol1 c beverages \vithin the meaning of Business and Professions Code section
4521 . subdi vision (a) (5). Since Bumon \}"'as nOll icensed a1 the time , his n Ul conviction and
the facts and circumstances surrounding that conviction did not establisll by clear and
convincing evidence that Bunton violated the professional, ethical and behavioral standards
of conduct required by California Co de of Regulations, title 16, section 2576.6. The clear
 and conv incing evidence did 110t establish that Bunton was under any court order or
 profess ional standard ex.isting on or before March 3, 2001, that prohibited Bunton from
 consuming al coholic be verages and, thus, while his consumption of alcohol ic beverages on
 or.about March 3, 200 1, was excessive, his consumption of alcoholic beverages did not 

 violme any lavlful order requiring that he abstain altogether from consuming alcoholic 

 beverages. The clear and convincing evidence did not support a conclusion that the Arizona 

 Justice court was authorized to or did in fact issue an order of commitment or an order of 

  confmement based upon Bunton ' s addiction to or intemperate use of alcohol or any other 

  substance; rather, the evidence established that Bunton was directed to undergo an evaluation 

  to determine if he had such a problem as a condition of hi s criminal probation (presumabl y 

  the conclusion was that he did not since he was not ordered to abstain from the consumption 

  of alcoholic beverages subsequent to that evaluation), thus grounds to impose discipline were
  not established under Business and Professions Code section 4521 , subdivision (a)(7) . In
  connection with the application Bunton provided to the Board, it was not established that
  Bunton engaged in an act involving intentional dishonesty or fraud, although he was
   certainly careless in failing to disclose his DUI conv.iction. Nor was it established that
   Bunton's application for licensure would have been denied had he disclosed his DUI
   conviction, although it may have been placed on probation.

         This conclusion is based on Factual Findings 1-12 and on Legal Conclusions 1-7.

          10.    Cause ex.ists under Business and Professions Code section 490 to impose
  discipline against Bunton's psychiatric technician's license. On March 13 , 2001 , Bunton
  was convicted on his plea of guilty of violating Arizona Revised States section 2-8-131
  (driving under the influence), a misdemeanor not involving moral turpitude, in the Justice
  Court of Arizona, Cochise County, Precinct #5, in Case No. TR2001 01626, an offense
  substantially related to the qualifications, functions, and duties of a licensed psychiatric
  technician, who must be responsible and sober persons as they are entrusted with the care of
  persons with substantial psy chiatric disorders and challenges.

          This conclusion is based on Factual Finding 3 and on Legal Conclusions 1, 2, 4 and 7.

            11.   Cause exists under Business and Professions Code section 4521, subdivision
   (e), to impose discipline against Bunton's psychiatric teclmician' s license . In cOlmection
   with the application Bunton filed for licensure witb the Board, he provided a false statement
   and he gave false information to the Board, although it was not established that Bunton did
   so intentionally or with any intent to .deceive the Board, although he was certainly careless.

           This conclusion is based on Factual Findings 2. 3, 5 and 6 and on Legal Conclusions
    1: 2 and 5.


                                                   1]
Th e Approprioze Meosure o/Discipline

         12.      Bun1 0n ' s hislOry of serv ice 21\ Patlon Slate Hospiw J established that he does
nm pose an immediate risk to the public , but his March 2001 DUI conviction and, more
importantly , hi s more recem failure to discl ose that conviction raise sufficient concerns about
hi s ch aracter thm the public interest w ill best be served by placing Bunton on three years
probation. 'While he is on probation. Bunton will be required to nOlify any emplo yer of the
fact f his probation and the reasons for this measure of discipl ine. This disciplinary order
falls sq uar e ly within the B oard 's guidelines.

        This conc lusion is based on Factual Findings 1-13 and on Legal Conclusions 1- 11 .

Th e AWClrd of ReasonClble Costs

        13 .    Business and Professions Code section 125.3 pro vides in part:

        " (21) E xc ept as otherwise provided by lm,v, in any order issued in resolution of a
        disciplinary proceeding before any board within the department . . . upon request of
        the entity bringing the proceeding, the administrative law judge may direct a licentiate
        found to have committed a v iolation or violations of the licensing act to pay a sum not
        to exceed the reasonable costs of the investigation and enforcement ofthe case."

        14 .    Zuckerman v. StClte Board a/Chiropractic EXClminers (2002) 29 CalAth 32
 held that the imposition of costs for investigation and enforcement under California Code of
 Regulations, title 16 , section 317.5, which is very similar to Business and Professions Code
 section 7403, subdivision (e), did not violate due process in a case involving the discipline of
 a chiropractor. But, the California Supreme Court held that it was incumbent on the State
 B oard of Chiropractic Examiners to exercise its discretion to re duce or eliminate cost awards
 in a manner that ensured section 317.5 did not "deter chiropractors w ith potentially
 meritorious claims or defenses from exercising their right to a hearing."

         The Supreme Court set forth four factors that the State Board of Chiropractic
 Examiners was required to consider in deciding whether to reduce or eliminate costs whic11
 were: (1) Vv'hetber the chiropractor used the hearing process to obtain dismissal of other
 charges or a reduction in the severity of the discipline imposed; (2) \",bether the chiropractor
 had a ,. subjectiv e" good faitb belief in the merits of his position; (3) whether the chiropractor
 rai sed a "colorable challenge" to the proposed discipline; and (4) whether the chiropractor
 bad the [111ancial ability to make pay ments .

         Since regulation 317.5 and Business and Professions Code section 125.3 have
  substantially the same language and seek the same sort of cost recovery , it is reasonable to
  extend the reasoning in ZuckermCll? to Business and Professi ons Code section 125.3 to avoid
  constitutional pitfalls.




                                                    .
                                                    L
                                                        ')
      The Zuckenncm criteria were applied and under the circumstances directing Bumon to
pay board' s costs of enforcemenl in the amount 01'$1 ,750 is reasonable under all the
circumstances .

           This conclusion is based on all factual findings and on all legal conclusions .


                                                ORDER

       Psychiatric Technician License No . PI 32677 issued to respondem Hubert Anthony 

Bunton is revoked; hO\vever , the order of revocation is stayed and respondent is placed on 

three years probation on the follmving terms and conditions of probation: 


 1.        OBEY ALL LA WS

         Respondent shall obey all federal, state and local laws, including all statutes and
 regulations governing the license. Respondent shall submit, in writing, a full and detailed
 account of any and all violations of the law, including alleged violations, to the Board within
 five (5) days of occurrence.

        To ensure compliance with this condition, respondent shall submit fmgerprints
 through the Department of Justice and Federal Bureau of Investigation within thirty (30)
 days of tbe effective date of tbe decision, unless the Board determines that fingerprints were
 previously submitted by the respondent to the Board.

         Respondent shall also submit to tbe Board a recent 2" x 2" pbotograpb of himself 

  within thirty (30) days of the effective date of the decision. 


          If respondent is under a criminal couli order, including probation or parole, and the
  order is violated, it shall be deemed a violation of these probation conditions.

  2.         COIvIPLIANCE WITH PROBATION PROGRAM

         Respondent shall fully comply with the conditions of probation established by the
  Board and he shall cooperate ''\Iitb representatives of the Board in its monitoring and
  investigation of the respondent's compliance with the Probation Program.

      3.      SUBMIT 'WRITTEN REPORTS

             Respondent shall submit or cause to be submitted, under penalty of pel~iury, ,vritten
      rep0l1s, declarations and verification of actions as required by the Board or its
      representatives. These repOlis or declarations shall contain statements ·r.elative to
      respondent's compliance with all the conditions of the Board' s Program ~ Respondent shall
      immediately execute all release of information forms as may be required -by the Board or its
      representati v es.
                                                                               ....'

                                                       13
        In the fIrst report respondent shall prov ide a list of all stales and terri tories vvbere h e
has ever been licensed as a vocati onal/practi cal nurse, psychiatric technician. or regi stered
nurse . Respondent shall provide information regarding the status of each license and any
change in license status during the period of probation. Respondent shall inform the Board if
he applies for or obtains a new nursing or psychiatric technician license during the period of
probation .

       Respondent shall provide a copy of the Board ' s decision to the regulatory agency in
every state and territory in which he has applied for or holds a vocational/practical nurse,
Psvchiatric technician and/or registered nurse license.
      ~                            ~




4.        NOTIFICATION OF ADDRESS AND TELEPHONE NUMBER CHANGE(S)

       Respondent shall notify the Board, in writing , ·within five (5) days of any change in 

address or telephone number(s). 


        Respondent's failure to claim mail sent by the Board may be deemed a violation of 

 these probation conditions. 


 5.        NOTIFICATION OF RESIDENCY OR PR.J\CTICE OUTSIDE OF STATE

        Respondent shall notify the Board, in writing, within five (5) days, if he leaves
 California to reside or practice in another state. Periods of residency or practice outside of
 California shall not apply toward a reduction ofthis probation time period. If respondent
 resides or practices outside of California, the period of probation shall be automatically
 extended for the same time period he/slle resides or practices outside of California. The
 respondent shall provide written notice to the Board within five (5) days of any change of
 residency or practice.

         Respondent shall notify the Board, in writing, within five (5) days , upon his return to
  California.

  6.        IvIEETINGS WITH BOARD REPRESENTATIVE(S )

             Respondent shall appear in person at meetings as directed by the Board or its 

     des ignated representati v es.                                  .


     7.     NOTIFICAT10N TO EMPLOYER(S)

             When currently employed or when applying for employment in any capacity in any
     healtll care profession, respondent shall notify his employer of the probationary status of his
     license. This notification to respondent's cun-ent health care empl9yer - .,1.
                                                                        .    .
                                                                                .Patt.on State >




     Hospital - shall occur no later than the effective date of the Decision. Respondent shall
     notify any prospecti ve health care employer of his/her probationary status with the Board


                                                     14 

before accepting employment. A1 8 minimum, this notification shall be accomplished by
prov iding the empl oy er or prospective em.pl oy er with a copy of the Board' s Accusati on and
Disciplinary Decision.

        The Health Care Profession includes, but is nOl limited to: Licensed Vocational
Nurse , Psychiatric Technician, Registered Nurse , Medical Assistant. Paramedic, Emergency
Medical Technician, Certified Nursing Assistant, I-lome Health Aide, and all other ancillary
technical health care positions.

       Respondent shall cause each he81tll care employer to submit to the Board all 

performance evaluations and an y other employment related reports as required by the Board. 

Respondent shall notifY the Board, in \",riling, of any difflculty in securing employer reports 

within five (5) days of sLlch an event. 


        Respondent shall notify the Board, in writing, within five (5) days of any change in 

 employment status. Respondent sh all notify the Board, in \A/riting, if he is terminated or 

 separated, regardless of cause, from any nursing or health care related employment with 8 

 full explanation of the circumstances surrounding the termination or separation. 


 8.        EMPLOYMENT REQUIREMENTS AND LIMITATIONS

         Respondent shall work in his licensed capacity in the state of California. This 

  practice shall consist of no less than six (6) continuous months and of no less than twenty 

  (20) hours per week.

         Respondent shall not work for a nurses' registry or in any private duty position, 8
  temporary nurse placement agency, as a faculty member in an accredited or approved school
  of nursing, or as an instructor in a Board approved continuing education course except as
  approved, in writing, by the Board. Respondent shall work only on ,8 regularly assigned,
  identified and predetermined work site(s) and shall not work in a float capacity except as
   approved, in writing, by the Board.

   9.       SUPERVISION REQUIREMENTS

         Before commencing or continuing employment in any health care profession, 

   respondent shall obtain approv al from the Board of the level of supervision that will be 

   provided to respondent \vhile so employed. 


              Respondent shall n01 function as a charge nurse (i.e.; work many healthcare setting as
      the person who oversees or directs licensed vocational nurses, psychiatric technicians,
      certified nursing assistants or unlicensed assistive persoID1el) or supervising psychialric
      technician during the period of probation except as approved, in writing, by the Board.




                                                    15 

10.       COlVIPL ETION OF EDUCATIONAL COURSE (S)

       Respondent. 211 hi S o\vn expense. shall enro 11 and successfully complete a courser s)
substantially related to the violation(s) n o later than the end of the first year of probation.

        The coursework shall be in addition to that required for license renewal. The Board
shall noti fy the respondem or the course contem and number of contact hours required .
Within thirty (30) days of the Board' s written nOlificalion of assigned coursework,
respondent shall submit a written plan to comply \-vith this requ irement. The Board shall
approv e su ch plan prior to enrollrnem in any course of study .

      Upon successful completion of the co urse, respondent shall submit "original"
completion certi ficate s to the Board within thirty (30) days of course completion.

J 1.       Mi\INTENANCE OF VALID LICENSE

       Respondent shall, at all times, maintain an active current license \vith the Board 

including any period of suspension. 


         Should respondent's license expire, by operation of law or otherwise, upon renewal or
 reinstatement, respondent" s license shall be subject to any and all condit ions of this probation
 not previously satisfied.

 12.       COST RECOVERY REQUIREMENTS

 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 $1 ,750.00. 


        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 before the end of the
 probation period. The filing of banhuptcy by respondent shall not relieve respondent of his
 responsibility to reimburse the Board for its investigation and prosecution costs. failure to
 make payments in accordance with any formal agreement entered imo w ith the Board or
 pursuant to any Decision by tbe Board shall be considered a violation of probation.

         If respondent has not complied with this condition during the probationary period,
  and respondent presents sufficient documentation of his good faith effort to comply wit11 this
  condition, and if no other conditions have been violated: the Board or its representatives
  may) upon written request from the respondent, extend the probation period up to one year.
  without further hearing, in order to comply wit11 tbis condition. During the extension, all
  original conditions of probation v../i11 apply.

            Except as provided above, the Board shall not renew or reinstate the 'license of any
                                                                                r

      respondent who has failed to pay all the costs as directed in a Decision.


                                                                       .....   ....   ,. ~   ......
                                                    16
13.      L I CENSE SURRENDER 


       During probation, if respondent ceases practicing due to retirement, health reasons: or
is othenvise unable to satisfy the conditions of probation, respondent may surrender his
license to the Board. Th e B oard reserves the right to evaluate respondent's request and t o
exercise its discreti cm whether to grant the request withom further bearing. Upon formal
 acceptance of the tendered license: respondelll 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 licensee\vb o surrenders his
license may petition the Board for reinstatement no sooner than the fol1ow ing minimum
periods fro n') tbe effective date of the disciplinary decision for the surrender:

       • 	 Three (3) years for reinstatement of a license surrendered for any reason other than a
           mental or physical illness; or

       • 	 One (1 ) year for a license surrendered for a mental or physical illness .

 14.      VIOLATION OF PROBATION

         If respondent violates the conditions of his 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) of respondent 's license. If during 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 respondent's li cense, the probationary period shall automati call y be extended and
  shall not expire until the accusation or petition has been acted upon by the Board.

  15.      RESTORATION OF LJ CENSE

           U pon successful compl etion of probation, respondent' s li cense will be fully restored .




                                                  .1 AlvfES AHLER
                                                  A dministrative Lav·" Judge
                                                  Office of Administrative Hearings




                                                      17
       EDMUND G. BROVlN JR. , Attorney General 

          of the State of California 

 2
    MARC D. GREENBAUM 

          Supervising Deputy Attorney General 

 3
    CHRISTINA THOMAS , State Bar No. 171168 

          Deputy Attorney General 

 4
    California Department of Justice 

       300 So. Spring Street, Suite 1702 

 5     Los Angeles, CA 90013 

       Telephone: (213) 897-2557 

 6
    Facsimile: (213) 897-2804 


 7 
 Attorneys for Complainant

 8
                                BEFORE THE 

             BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS 

 9
                      DEPARTMENT OF CONSUMER AFFAIRS 

                               STATE OF CALIFORNIA 

10

11 
 In the Matter of the Accusation Against:                          Case No. PT - 2 004 - 17 95 

12 
 HUBERT A1'7HONY BUNTON 

     1255 West Morgan Street 

13 
 Rialto , CA 92376 

                                                                       ACCUSATION
14 
 Psychiatric Technician License No. PT 32677 


15                                              Respondent.
16 


17 
                  Complainant alleges:
18 
                                                    PARTIES
19 
                  1.                                                        ..=
                              Teresa Bello-Jones, J. D., 1,,\ .3.N., R. :··., . { ·   .1·'inan1) brings this

20     Accusation solely in her official capacity as the Executive Officer u l         Ull:'   Du.Td of Vocational

21 
   Nursing and Psychiatric Technicians, Department of Consumer Affairs (Board),
22 
                  2.      On or about April 19,2005 , the Board issued Psychiatric Technician

23 
 Li cense No, PT 32677 to Hubert Anthony Bunton (Respondent). The Psychiatric Technician

24 
 License was in full force and effect at all times relevant to th e charges brought herein and will
25     expire on September 30, 200 8, unless renewed.

26 
                                                JURISDICTION
                      3,      This Accusation is brought before the Board , under the authority of the
28 
 following laws, All Section references are to th e Business and Professions Code unless
     oth erwise indicated .

 2                   4.       Section 4520 provides, in pertinent part, that the Board may discipline any

 3   licensed psychiatric technician for any reason provided in Article 3 (commencing with section

 4   4520) of the Ps ychiatric Techni cians Law (Code § 4500, et. seq.)

 5                   5.       Section 118, subdi vision (b) , pro vides, in pertinent part, that the expirati on

 6   of a license shall not deprive the Board jurisdiction to proceed with a di sciplinary action during

 7   th e period within which the license may be renewed, restored, reissued or reinstated. Under

 8   section 4545 of the Code, the Board may renew an expired license at any time within four years
 9   after the expiration.

.0                   6.       Section 4521 states, in pertinent part:

11                   "The board may suspend or revoke a license issued under this chapter [the

12   Psychiatric Technicians Law (Bus. & Prof Code, 4500, et seq.)] for any of the following reasons:

13                   "(a) Unprofessional conduct, which includes but is not limited to any of the
14   following:

15

16                    (5) Use any contro ll ed substance as defined in Division 10 (commencing with

17   Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Section 4022,

18   or alcoholic beverages, to an extent or in a manner dangerous or injurious to himself or herself,

19   any other person, or the public or to the extent that t:1C use impairs his or her ability to conduct

20   with safety to the public the practice authorized by his    OJ   her license.
21

22                    (7) Be committed or confined by a court of competent jurisdiction for

     intemperate use of or addiction to the use of any of the substances described in paragraphs (4)
24   and (5) , in which event the court order of commitment or confinement is prima fac ie evid ence of

     th e commitment or confinement.

26

27
                     "(b) Procuring a cel1i fi cate or license by .fraud, misrepresentation, or mistake.
28

                                                         2
                        "(d) Violating or attempting to violate, directl y or indirectly, or assisting in or

 ')   abetting the violation of, or conspiring to violate any provision or tenns of this chapter.

 3                      "(e) Giving any false statement or infOlmation in connection with an application.

 4                      "(f) Conviction of any offense substantially related to the qualifications ,

 5    function s, and duties of a psychiatric technician, in which event the record of the conviction shall

 6    be conclusive evidence of the conviction. The board may inquire into the circumstances

 7    surrounding the commission of the crime in order to fix the degree of discipline.
 8

 9                      "(n) The commission of any act involving dishonesty, when that action is

10    substantially related to the duties and functions of the licensee .... »
11                      7.      Section 480 states:

12                      "(a) A board may deny a I1cense regulated by this code on the grounds that the
13    applicant has one of the following:

14                      "(1) Been convicted of :::

15                      "( c) A board may deny            Cl   lJCenSe regulated by this code on the ground that the

16    applicant knowingly made a false statement of fact required to be revealed in the application for
17    sllch license."

                        8.      Section 490 states:
                        ,- ,
19                             l rd may suspend or revoke a license on the grOl                       the licensee has
20    been convicLed of a CI.        if'the crime is substantially related to the q               ., _atlons , functions , or
21    duties of the business or pre
                                                                          l:r::ense was issued. A conviction within the
22    meaning of this section means a      t il :...._.
                                                                                     ~,, '1viction following a plea of nolo

23    contendere. Any action which a board is pem1itteo .
                                                                                                     .blishment of a
24    conviction may be taken when the time for appeal has elapsed, or the J -,.:::,I1Jcnt of conviction has

25    been affinned on appeal , or when an order granting probation is made suspending the imposition

26    of sentence, irrespecti ve of a subsequent order under the provisions of Section 1203.4 of the
27    Pen al Code,"

28    11/


                                                                      3
                     9.      Californi a Co de of Regulations, title 16, section 2576.6 states, in pertinent
 2   part:

 3                   "(b) A licensed psychiatric technician shall adhere to standards of the profession

 4   and shall incorp orate ethical and behavioral standards of professional practice which include but
 5   are not limited to th e following:

 6

 7                   "( 4) Abstaining from chemical/substance abuse .

 8                   "(c) A violation of this section constitutes unprofessional conduct for purposes of
 9   initiating disciplinary action.

10                   1O.     California Code of Regulations, title 16, section 2578 states , in pertinent
11   part:

12                   "For the purposes of denial, suspension, or revocation of a license pursuant to

13   Division 1.5 (commencing with Section 475) of the Business and Professions Code, a crime or

14   act shall be considered to be substantially related to the qualifications, functions or duties of a

15   licensed psychiatric technician if to a substantial degree it evidences present or potential

16   unfitness of a licensed psychiatric technician to perfonn the functions authorized by his license in

17   a manner consistent with the public health, safety, or welfare. Such crimes or acts shall include

18   but not be limited to those invol ving the following:

19                   "(a) Procuring a li cense by fraud, misrepresentation, or mi stake.
20

21                   "(c) Violating or attempting to violate, directl y or indirectly, or assisting in or

22   abetting the violati on of, or co nspiring to violate an y provision or t erm of Chapter 10, Di vision 2

23   of the Business and Professions Co de .

24

25                   "( f) Any crime or act in volving the sale . gift, administration, or fumishing of

26   'narcotics or dangerous drugs or dangerous devices' as defined in Section 4022 of the Business
27   and Professions Code."

28   III


                                                        4
                                   11.             Section 125.3 provides , in pertinent part, that a Board may request the

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

3          of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

4          enforcement of the case.

5                                                                           CONVICTION HISTORY

6                                  12.             On or about March 13, 2001 , in a criminal proceeding entitled State of

7          Arizona v. Hub ert Anthony Bunton in Cochise County, Justice Court, Precinct No.5 , Case No.

8          TR2001 01626 , Respondent was convicted on a plea of guilty for violating Arizona Revised

9          Statutes section 28-138 1Al (driving under the influence: impaired) , a class 1 misdemeanor. The

10         Cou r~   (");/:   :.;   ; ~.;;; " t-"   : ':: ;~l   to pay fines and complete an alcohol and drug abuse prevention
      i!
11 ' ) ro graln. Respondent complied with the court orders, The circumstances of the conviction are

12          that on or about March 3, 2001, Sierra Vista Police                                          Depar L~-! ·..:;nt        officers arrested Respondent

13          after he was observed at about 2351 hours exiting a taxi cab in an apparently inebriated state.

14          Respondent entered and drove a vehicle onto the highway where the vehicle swerved, straddled

15 it lanes, made wide turns, and hit corresponding curbs. After an enforcement stop of Respondent's

16          vehicle, Respondent refused field sobriety testing and was arrested. Subsequently, Respondent's

17          tested blood alcohol content level was                               l ) 9 ""'.~1.


18                                                                   APPLICATION FOR LICEN SURE

19                                     13.            On or about December 24, 2004, t11e Board received an application for a

20          Psych iatric T echni cian License from Respondent. On or about D ecemi _                                                                   , 2004, Respondent

21           certi fil:d und er plnal t\                ll ~' p erj L1l~y   to the truthfulness of all statements, ansv. _~s , and

 22          representations in the appllcation. On Respondent' s celiified Record of Conviction form

 23          Respondent ans'vvered "No" to question 'No. -:                                      th(;~ l ~; t:l~ . ;:;, "l-L:~ '   _.   ,;~i   ever b L'.~n 'convicted ' of any

    24       offense, including traffic violations'7 " In fact , Respondent had been convicted on or about

             March 13 , 2001 , by State of Arizona, Cochi se County, Justice Court, Precinct No.5 , Case No,

    26       TR2001 01626. for dri ving under the influence, which conviction subjected his license

    27       application to denial by the Board. 


    28                                                                F1RST CA USE FOR DISCIPLINE 


                                                                                                      5

                 (Misrepresentation as to a Material Fact on Application for Initial Licensure)
 2
                    14.      Respondent is subject to disciplinary action under Sections 4521 ,

 3 
 subdivision(s) (b) and ! or (e) , in that on or about December 16, 2004, Respondent made a false

 4 
 statement as to a material fact on his application for licensure circumventing the Board's

 5     authority to deny Respondent' s application for licensure pursuant to Section 480 , subdi visions

 6 
 (a)(1) and (c).      As a result, on or about Apri119, 2005 , Respondent procured his license as a

 7 
 psychiatric technician by fraud, misrepresentation, or mistake, as more fully described above in
 8 
 paragraphs 12 and 13 . 


 9
                                    SECOND CAUSE FOR DISCIPLINE

10                                   (Substantially Related Acts of Dishonesty)
11 
                   15.      Respondent is subject to disciplinary action under Section 4521 ,

12 
 subdivision (n), as defined in Califomia Code of Regulations, title 1-\ s ection 2578, subdivision

13 
 (a) and (c) , in that Respondent's actions as set forth above in paragraph 14 are dishonest acts

14 
 substantially related to the qualifications , functions or duties of a licensed psychiatric teclmician

15     which to a substantial degree evidence the present or potential unfitness of Respondent to

16 
 perfol111 the functions authorized by his license in a manner consistent with the public health,
17 
 safety, or welfare.

18 
                                    THIRD C I.USc FOR DISCIPLINE

19 
                                           (Violations of Chapter)
20                     16 .     Respondent is subject to disciplinary action under Section 4521 ,

21 
   subdi vision (d) , in that Respondent committed acts of unprofessional conduct described above in

22 
 paragraphs 12 - 15, by violation provisions of the Psychiatric Teclmicians Law as follows:
                       a.       Section 4521 , subdivision (a), and California Code of Regulations, title 16, 


24 
 section 2576.6 , subdi visi on (b)(4) and (c), by failing to abstain from alcohol , on or about 

25     March 3. 2001. 

                                                                              "   .
26 
                   b.       Section 4521 ) subdi vision (a) (5), unprofessional conduct by using

27 
 alcoholi c beverages to a dangerous extent, on or ab out March 3, 2001. ,
28 
                   c.       Section 4521 , subdi vision (a)(7), unprofessional conduct by being

                                                          6

     committed by the court to compl ete an alcohol and drug abuse prevention program , on or about
 2   March 13,2001 .

 3                            d.    Section 4521, subdi vision (D, and California Code of Regulations , title 16,

 4   section 2578, subdivision (D, conviction of a substantiall y related crime , on or about March 13,
 5   200 1.

 6                            e.    Section 45 2 1, subdi vision (n) , as described above in paragraph 15.
 7                            f.    Section 4521 , subdivision (b) , as described above in paragraph 14 .
 8                            g.    Section 4521 , subdiv ision (e), as described above in paragraph 14 .

 9                                                        PRAYER

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

11   alleged, and that following the hearing, the Board of Vocational Nursing and Psychiatric

12   Technicians issue a decision:

13                            1.    Revoking or suspending Psychiatric Technician License No . PT 32677 ,
14   issued to Hubert Anthony Bunton.

15                            2.    Ordeling Hubert Anthony Bunton to pay the Board of Vocational Nursing

16   and P sychiatric Technicians the reasonabl e costs of the investigation and enforcement of this

17   case, pursuant to Business and Professions Code section 125.3 ;
18                            3.    Taking such other and fllliher action as deem ed n ecessary and proper.
19

20   D AT ED:              May 1 , 2007

21

22
                                                                                      .S .N., R.N. 

                                                   Executi ve Officer
23
                                                   Board of Vocati onal N ursing and Psychiatri c Technicians
                                                   Department of Consumer Affairs
24
                                                   State of Califomia
25                                                 Complainant
26   LA20U6(,0 20S I
     602077lJ6 . wpd
27   3 3U 2() 07 d11l11l


28


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