Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT N
Case 2:02-cv-02252-JAT Document 267-15 Filed 10/25/2005 Page 1 014


O R I G I N A L
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
RUBECCA MH(KELSEN, SURVIVING )
SPOUSE OF KELLY MIKKELSEN, )
DECEASED, ETC., ET AL., )
· )
PLAINTIFFS, )
)
VS. ) NO. CIV Ol-2252-PHX—JAT
)
YUMA COUNTY, A POLITICAL )
SUBDIVISION OF THE STATE OF )
ARIZONA, ET AL., )
)
DEFENDANTS. )

)
TAYLOR R. FOX, A MINOR BY HER )
NEXT FRIEND AND NATURAL MOTHER, )
TRACY FOX—TANGA, )
)
PLAINTIFF, )
)
VS. )
)
YUMA COUNTY, A BODY POLITIC OF )
THE STATE OF ARIZONA, ET AL., )
)
DEFENDANTS. )
i `
YUMA, ARIZONA I
MARCH 27, 2003
2:00 P.M.
I
DEPOSITION OF CHERYL KINSLEY A
PREPARED FOR: BORT COURT REPORTING SERVICE Il '
REGISTERED PROFESSIONAL REPORTERS g f
T HE (QQU R T 220 South Second Avenue
Yuma, Arizona 85364 _}
Phone: (928) 782-7591 .
BY_ CAROLYN H. STALLWORTH
` CERTIFIED COURT REPORTER
AZ NO. 50357 ‘
Q
Case 2:02-cv-02252-JAT Document 267-15 Filed 10/25/2005 Page 2 of 4 I

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4
12
1 PRACTICE FOR AN LPN OR LICENSED PRACTICAL NURSE IS DIFFERENT
2 THAN A REGISTERED NURSE?
3 A. YES.
4 Q. YOU UNDERSTAND THAT THE SCOPE OF AUTHORIZED
5 PRACTICE FOR AN LPN IS MORE RESTRICTIVE OR LIMITED THAN AN
6 R.N., CORRECT?
7 A. YES.
B Q. FOR EXAMPLE, YOU UNDERSTAND THAT ACCORDING TO THE
9 STATE BOARD OF NURSING REGULATIONS, AN LPN IS OR MUST WORK
10 UNDER THE SUPERVISION OF AN R.N., CORRECT?
11 MR. BARNHOUSE; OBJECTION.
12 THE WITNESS: NOT PHYSICALLY, THEY DON’T HAVE
13 TO BE PHYSICALLY R.N. PRESENT AT THE TIME, IS MY
14 UNDERSTANDING.
15 Q. (BY MR. MICHEAELS) YOU EVER READ; I AM SHOWING
16 YOU EXHIBIT 60. HAVE YOU EVER READ THE STATE BOARD OF 5
17 NURSING REGULATIONS? C
18 A. YES, I HAVE.
19 Q. DO YOU SEE EXHIBIT 60 IS A COPY OF THE STATE .
20 BOARD OF NURSING REGULATIONS THAT PERTAIN TO REGISTERED 1 Q
21 NURSES AND R.N.’S? % ki
22 A. YES. % 13
23 Q. AND LPN’S, DO YOU SEE THAT? ?;
24 A. YES. 3.
25 Q. AND DOES IT NOT SAY IN THE FIRST LINE UNDER a. E
11 I
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BORT COURT REPORTING SERVICE ME

A
1 REGULATION 4-19-401 OF THE STATE BOARD OF NURSING
2 REGULATIONS, WHICH IS SCOPE OF PRACTICE FOR A PRACTICAL I
3 NURSE, AND THAT'S YOU, CORRECT? I
4 A. YES.
5 Q. QUOTE, A LICENSED PRACTICAL NURSE SHALL PROVIDE
6 NURSING CARE ONLY UNDER THE SUPERVISION OF A PROFESSIONAL ‘
7 NURSE OR LICENSED PHYSICIAN, CLOSE QUITE? I V
8 A. YES, THAT'S WHAT IT SAYS. *
9 Q. AND A PROFESSIONAL NURSE IS A REGISTERED NURSE, g
10 CORRECT?
11 A. YES.
12 Q. DID YOU UNDERSTAND THAT UNDER THE STATE BOARD OF n
13 NURSING REGULATIONS, YOU WERE TO PROVIDE NURSING CARE ONLY
14 UNDER THE SUPERVISION OF EITHER A REGISTERED NURSE OR A
15 LICENSED PHYSICIAN?
16 MR. BARNHOUSE: OBJECTION.
17 MR. MICHEAELS: DID YOU UNDERSTAND THAT?
18 MR. BARNHOUSE: OBJECTION.
19 THE WITNESS: I WAS SHOWN A DIFFERENT ARTICLE
20 AND REGULATION FOR A CLINIC OR DOCTOR’S OFFICE. I WAS TOLD
21 THIS WAS DIFFERENT IN A CLINICAL SETTING.
22 Q. WHEN YOU SAY THIS —-
23 A. MY SUPERVISOR —-
24 Q. HANG ON A SECOND. WHEN YOU SAID THAT THIS WAS
25 DIFFERENT, YOU ARE MAKING REFERENCE TO THE SUPERVISION THAT
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BORT COURT REPORTING SERVICE
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Case 2:02-cv-02252-JAT

Document 267-15

Filed 10/25/2005

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