DEPARTMENT OF COMMERCE DIVISION OF OCCUPATIONAL …

DEPARTMENT OF COMMERCE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING

NEWSLETTER

February 1, 2020

-----------------------------------------------------------------------------------------------------------------------------------------------------------------The Newsletter is now comprised of two sections: (1) The first section contains actions that have been taken by the Division following hearings conducted before an Administrative Law Judge and the respective Licensing Committees or Boards or have been entered by Stipulation or Memorandum of Understanding and denial letters issued for cause (unprofessional conduct or unlawful conduct) from January 1, 2020 - January 31, 2020. (2) The second section contains a listing of citations finalized from January 1, 2020 - January 31, 2020. ------------------------------------------------------------------------------------------------------------------------------------------------------------------

PHYSICIANS/SURGEONS

None in January 2020

DENTISTS/DENTAL HYGIENISTS

None in January 2020

ADVANCED PRACTICE NURSES

None in January 2020

REGISTERED NURSES

*ARGUELLO, Jessica Patricia License No. 10782254-3102 Docket No. 2019-537 Salt Lake City, Utah Cause of Action: Order:

Date:

Respondent engaged in unprofessional conduct that affects her license. Respondent was given a public reprimand, ordered to complete additional continuing education hours within six months and also ordered to pay a $1500 fine within 90 days. January 7, 2020

*COVINGTON, Allison Brooke License No. 9393505-3102 Docket No. 2019-506 Salt Lake City, Utah Amended Order:

Date:

The probationary condition requiring Respondent to successfully complete mental health and physical examinations was amended to allow Respondent additional time until April 1, 2020 to complete the required examinations. January 23, 2020

*GATT, Richard Joseph License No. 9551877-3102 Docket No. 2018-474 Layton, Utah Order Reinstating License:

Date:

The probation and conditions that existed on Respondent's license to practice as a registered nurse were terminated and said license was reinstated with full privileges. January 23, 2020

Newsletter - February 1, 2020 - Page 1

REGISTERED NURSES - continued

*HERRERA, Barbara License No. 7343727-3102 Docket No. 2019-462 Tooele, Utah Amended Order:

Date:

*HOECHERL, Magen Alicia License No. 9070557-3102 Docket No. 2020-22 Murray, Utah Cause of Action:

Order: Date:

*HOGLUND, Jason Allen License No. 9114183-3102 Docket No. 2017-184 Salt Lake City Utah Amended Order:

Date:

*JAMESON, Lawrence Gordon License No. 8512048-3102 Docket No. 2019-369 Bountiful, Utah Amended Order:

Date: Docket No. 2020-26 Cause of Action:

Order: Date: *JOHNSON, Stephanie License No. 6640316-3102 Docket No. 2018-62 Lehi, Utah Amended Order:

Date: Newsletter - February 1, 2020 - Page 2

The suspension on Respondent's license to practice as a registered nurse was terminated and said license was placed on probation for five years subject to the conditions identified in the November 5, 2019 Stipulation and Order. January 7, 2020

Respondent engaged in unprofessional conduct when she failed to comply with probationary conditions that exist on her license. Respondent was ordered to pay a $250 fine within 30 days. January 15, 2020

The probationary condition affecting Respondent's working hours was amended to allow Respondent to work overnight hours. Also the probationary condition requiring that within any 14-day period Respondent shall not work more than 84 hours was amended to allow Respondent to work up to 96 hours in any 14-day period. January 23, 2020

The probationary condition requiring Respondent to submit a written essay within 60 was amended to allow Respondent additional time until March 1, 2020 to submit the required essay. January 23, 2020

Respondent engaged in unprofessional conduct when he failed to comply with probationary conditions that exist on his license. Respondent was ordered to pay a $250 fine within 30 days. January 23, 2020

The probationary condition restricting Respondent from having access to or restricting Respondent from accounting for controlled substances was terminated. The probationary condition restricting Respondent from contacting any pharmacy or drug supplier for purposes of filling a prescription order was terminated. The probationary condition restricting Respondent's work hours to 84 hours within any 14-day period was amended to allow Respondent to work up to 96 hours during any 14-day period. January 23, 2020

REGISTERED NURSES - continued

*MAYS, Legena O. License No. 5946993-3102 Docket No. 2020-3 West Jordan, Utah Cause of Action: Order: Date:

*MARONEY, Elizabeth Colleen License No. 8628792-3102 Docket No. 2020-15 South Jordan, Utah Cause of Action: Order:

Date:

*PECK, Alison License No. 7485508-3102 Docket No. 2020-28 American Fork, Utah Cause of Action: Order:

Date:

*SALAS, Glenda J. License No. 284332-3102 Docket No. 2019-434 North Ogden, Utah Amended Order:

Date:

*SMITH, Desiree License No. 6972330-3102 Docket No. 2020-23 Salt Lake City, Utah Cause of Action:

Order: Date:

Respondent engaged in unprofessional conduct that affects her license. Respondent was ordered to pay a $250 fine within 30 days. January 7, 2020

Respondent engaged in unprofessional and unlawful conduct that affects her license. Respondent was given a public reprimand for her conduct; ordered to complete additional continuing education hours within six months and also ordered to pay a $2,000 fine of which $1,500 is stayed and the remaining $500 fine is due within 30 days. January 10, 2020

Respondent violated conditions of a September 2018 diversion/URAP agreement. Respondent's diversion/URAP agreement was terminated; Respondent's license to practice as a registered nurse was suspended with a stay of enforcement on the suspension; said license was placed on probation for five years subject to the conditions identified in the September 2018 diversion agreement. January 24, 2020

The suspension on Respondent's license to practice as a registered nurse was terminated and said license was placed on probation for five years subject to the October 11, 2019 Stipulation and Order January 23, 2020

Respondent engaged in unprofessional conduct when she violated probationary conditions that exist on her license. Respondent was ordered to pay a $500 fine within 30 days. January 23, 2020

Newsletter - February 1, 2020 - Page 3

REGISTERED NURSES - continued

*SPELLEN, Brandon Christopher License No. 10493809-3102 Docket No. 2019-426 Salt Lake City, Utah Order Reinstating License:

Date:

*UKENA, Annette Bodily License No. 312704-3102 Docket No. 2017-471 Syracuse, Utah Amended Order:

Date:

*WALKER, Derek James License No. 7236868-3102 Docket No. 2018-147 Springville, Utah Amended Order:

Date:

LICENSED PRACTICAL NURSES

*AITKEN, Bruce Matthew License No. 267945-3101 Docket No. 2019-503 Spanish Fork, Utah Cause of Action: Order:

Date:

*BARNEY, Daniel J. License No. 7169505-3101 Docket No. 2020-7 Bountiful, Utah Cause of Action:

Order:

Date:

The conditions on Respondent's license to practice as a registered nurse have been terminated and Respondent's license has been reinstated with full privileges. January 7, 2020

The probationary condition restricting Respondent from having access to or restricting Respondent from accounting for controlled substances was terminated. The probationary condition restricting Respondent from contacting any pharmacy or drug supplier for purposes of filling a prescription order was terminated. January 23, 2020

The probationary condition requiring Respondent to practice nursing only under indirect supervision was amended to allow Respondent to practice nursing only under general supervision of a registered nurse or a licensed physician in good standing with the Division. January 23, 2020

Respondent engaged in unprofessional conduct that affects his license. Respondent's license to practice as a licensed practical nurse was revoked. Respondent may not reapply for licensure as a nurse in Utah in the future. January 10, 2020

Respondent engaged in unprofessional and unlawful conduct when he was previously disciplined by the Division in 2014. Respondent, while neither admitting nor denying the Division's findings, agreed to the following. A license to practice as a licensed practical nurse was issued; said license was revoked with a stay of enforcement on the revocation; said license was placed on probation for five years with conditions. January 7, 2020

Newsletter - February 1, 2020 - Page 4

LICENSED PRACTICAL NURSES - continued

*BEN SIMON, Bambi Lynne Bodenhofer License No. 195037-3101 Docket No. 2020-12 Salt Lake City, Utah Cause of Action: Order:

Date:

Respondent engaged in unprofessional conduct that affects her license. Respondent voluntarily surrendered her license to practice as a licensed practical nurse. Respondent may not reapply for a nursing license for a period of five years. January 10, 2020

PHARMACISTS/PHARMACIES/OTHER PHARMACY CLASSIFICATIONS

*CHALLIS, Jerri Roxie Pharmacy Technician renewal applicant Murray, Utah Denial of Renewal Application for Licensure: Date:

Respondent's renewal application for licensure as a pharmacy technician was denied. January 14, 2020

MENTAL HEALTH PROFESSIONS

*HALPERIN, Morris Psychologist renewal applicant Studio City, California Denial of Renewal Application for Licensure: Date:

Respondent's renewal application for licensure as a psychologist was denied. January 27, 2020

CONSTRUCTION TRADES/CONTRACTORS/UNLICENSED CONTRACTORS

*ACE CONSTRUCTION LLC License No. 11457063-5501 Docket No. 2020-6 Cedar Hills, Utah Cause of Action:

Order:

Date:

Respondent and its owner, Anthony Robbie Chidester, engaged in unprofessional conduct prior to submitting an application for licensure to the Division. A license to practice as a contractor was issued; said license was revoked with a stay of enforcement on the revocation; said license was placed on probation for two years with conditions. January 29, 2020

*ANDERSON QUALITY CONSTRUCTION

License No. 8012257-5501

Docket No. 2018-10

Orem, Utah

Order Reinstating License:

The probation on Respondent's license to practice as a contractor was terminated and

said license was reinstated with full privileges.

Date:

January 29, 2020

Newsletter - February 1, 2020 - Page 5

CONSTRUCTION TRADES/CONTRACTORS/UNLICENSED CONTRACTORS - continued

*ARCHES DRYWALL LLC License No. 6219199-5501 Docket No. 2019-382 Herriman, Utah Cause of Action:

Order:

Date:

Respondent engaged in unlawful conduct when it hired unlicensed individuals/companies to engage in construction trades which required licensure in Utah. Respondent was ordered to pay a $36,000 fine within 30 days and was also ordered to cease and desist from hiring/employing unlicensed individuals/companies. January 29, 2020

*ASPECT TILE AND STONE LLC License No. 11063890-5501 Docket No. 2020-11 Salt Lake City, Utah Cause of Action:

Order: Date:

Respondent and its owner McKinsey Leigh Mackin engaged in unlawful conduct when it made a misrepresentation in an application submitted to the Division. Respondent was ordered to pay a $1,000 fine which has been paid in full. January 29, 2020

*B & K DRYWALL INC. License No. 250561-5501 Docket No. 2019-381 West Jordan, Utah Cause of Action:

Order:

Date:

Respondent engaged in unlawful conduct when it hired unlicensed individuals/companies to engage in construction trades which required licensure in Utah. Respondent was ordered to pay a $15,000 fine with monthly payments and was also ordered to cease and desist from hiring/employing unlicensed individuals/companies. January 29, 2020

*BESENDORFER, William N. Journeyman Electrician License No. 292713-5504 Docket No. 2009-319 West Jordan, Utah Notice of Reinstatement of License:

Date:

The probationary period that existed on Respondent's license has now lapsed; said probation was terminated and the license reinstated with active privileges as of October 29, 2019. October 29, 2019

*BIRD DRYWALL INC. License No. 277985-5501 Docket No. 2019-389 Draper, Utah Cause of Action:

Order:

Date:

Respondent engaged in unlawful conduct when it hired unlicensed individuals/companies to engage in construction trades which required licensure in Utah. Respondent was ordered to pay a $30,000 fine which has been paid in full and was also ordered to cease and desist from hiring/employing unlicensed individuals/companies. January 29, 2020

Newsletter - February 1, 2020 - Page 6

CONSTRUCTION TRADES/CONTRACTORS/UNLICENSED CONTRACTORS - continued

*BLEAZARD DRYWALL LLC License No. 5080743-5501 Docket No. 2019-388 Taylorsville, Utah Cause of Action:

Order:

Date:

Respondent engaged in unlawful conduct when it hired unlicensed individuals/companies to engage in construction trades which required licensure in Utah. Respondent was ordered to pay a $15,000 fine which is due February 28, 2020 and was also ordered to cease and desist from hiring/employing unlicensed individuals/companies. January 29, 2020

*BLUE SKY BUILDERS LLC License No. 8934129-5501 Docket No. 2019-482 Brigham City, Utah Cause of Action: Order: Date:

Respondent engaged in unlawful conduct when it failed to pay subcontractors. Respondent's license to practice as a contractor was revoked. January 29, 2020

*BRUCE ERNEST ANDERTON/DBA BRUCE ANDERTON DRYWALL

License No. 9579251-5501

Docket No. 2019-394

Bluffdale, Utah

Cause of Action:

Respondent engaged in unlawful conduct when it hired unlicensed

individuals/companies to engage in construction trades which required licensure in

Utah.

Order:

Respondent was ordered to pay a $3,000 fine which is due within 30 days and was

also ordered to cease and desist from hiring/employing unlicensed

individuals/companies.

Date:

January 29, 2020

*COOPER BUILDING COMPANY LLC License No. 11483371-5501 Docket No. 2019-538 Heber City, Utah Cause of Action:

Order: Date:

Respondent and its owners engaged in unlawful conduct when it misrepresented information to the Division in an application for licensure. Respondent was ordered to pay a $500 fine which has been paid in full. January 29, 2020

*DESERT FALLS LANDSCAPE LLC License No. 11463170-5501 Docket No. 2020-5 St. George, Utah Cause of Action:

Order: Date:

Respondent and its owners, Sasha Marie Hernandez and Severiano HernandezGaytan engaged in unlawful conduct prior to submitting an application for licensure to the Division. Respondent was ordered to pay a $2,000 fine which has been paid in full January 29, 2020

Newsletter - February 1, 2020 - Page 7

CONSTRUCTION TRADES/CONTRACTORS/UNLICENSED CONTRACTORS - continued

*EDWARDS HOMES LLC FKA WE REAL ESTATE DEVELOPMENT LLC

License No. 10241594-5501

Docket No. 2019-513

Hurricane, Utah

Cause of Action:

Respondent engaged in unprofessional conduct when it failed to pay subcontractors

and failed to maintain financial responsibility. Respondent engaged in unlawful

conduct when it misrepresented information to the Division on a renewal application.

Order:

Respondent's license to practice as a contractor was revoked. Respondent was

ordered to pay a $1,000 fine which is now due and also ordered to cease and desist

from misrepresenting information to the Division.

Date:

January 29, 2020

*ERNESTO DANIEL MOYA/MOYA CONSTRUCTION

License No. 11441616-5501

Docket No. 2019-539

Layton, Utah

Cause of Action:

Respondent engaged in unprofessional conduct prior to submitting an application for

licensure to the Division.

Order:

A license to practice as a contractor was issued; said license was revoked with a stay

of enforcement on the revocation; said license was placed on probation for two years

with conditions.

Date:

January 29, 2020

*EXPERT CONCRETE LLC License No. 10919135-5501 Docket No. 2020-29 Provo, Utah Cause of Action:

Order:

Date:

Respondent's owner, Telenoti Petelo engaged in unprofessional conduct prior to submitting an application for licensure to the Division. A license to practice as a contractor was issued; said license was revoked with a stay of enforcement on the revocation; said license will be placed on probation for two years with conditions. January 29, 2020

*GID CONSTRUCTION & LANDSCAPE LLC

License No. 11053516-5501

Docket No. 2019-471

St. George, Utah

Cause of Action:

Respondent engaged in unprofessional conduct when it abandoned a job.

Order:

Respondent's license to practice as a contractor was revoked.

Date:

January 29, 2020

*HORTY THE BRUSH PAINTING License No. 9466441-5501 Docket No. 2018-24 Santaquin, Utah Order Reinstating License:

Date:

The probation on Respondent's license to practice as a contractor was terminated and said license was reinstated with full privileges. January 29, 2020

Newsletter - February 1, 2020 - Page 8

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