Joshua P. Shumway - Surrender of License

8/13/2019 Joshua P. Shumway - Surrender of License

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L. MITCHELL JONES (U.S.B. 5979)Assistant Attorney GeneralBRIAN L. TARBET (U.S.B. 3191)Attorney GeneralCommercial Enforcement DivisionHeber M Wells BuildingBox 146741Salt Lake City, UT 84114-6741Telephone: (801) 366-0310

BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSINGOF THE DEPARTMENT OF COMMERCE

OF THE STATE OF UTAH

IN THE MATTER OF THE LICENSE OF ) SURRENDERJOSHUA PLATTE SHUMWAY STIPULATION AND ORDERTO PRACTICE AS AREGISTERED NURSE CASE NO. DOPL 2013- 5IN THE STATE OF UTAH

JOSHUA PLATTE SHUMWAY ("Respondent") and the Division o Occupational andProfessional Licensing o the Department o Commerce o the State o Utah ("Division")stipulate and agree as follows:

1 Respondent admits the jurisdiction o the Division over Respondent and over thesubject matter o this action.

2 Respondent acknowledges that Respondent enters into this Stipulation knowingly andvoluntarily.

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3 Respondent understands that Respondent has the right to be represented by counsel inthis matter and Respondent's signature below signifies that Respondent has either consulted withan attorney or Respondent waives Respondent's right to counsel in this matter.

4 Respondent understands that Respondent is entitled to a hearing before the State oUtah's Board o Nursing ("Board"), or other Division Presiding Officer, at which timeRespondent may present evidence on Respondent's own behalf, call witnesses, and confrontadverse witnesses. Respondent understands that by signing this document Respondent herebyknowingly and intelligently waives the right to a hearing, the right to call witnesses onRespondent's own behalf, the right to call witnesses, the right to confront adverse witnesses, andany other rights to which Respondent may be entitled in connection with said hearing.Respondent understands that by signing this document Respondent hereby knowingly andintelligently waives the right to all administrative and judicial review as set forth in Utah CodeAnn. 63G-4-301 through 63G-4-405, and Utah Administrative Code RI51-4-901 throughR 151-4-907. Respondent and the Division hereby express their intent that this matter beresolved expeditiously through stipulation as contemplated in Utah Code Ann. 63G-4-1 02(4).

5 Respondent waives the right to the issuance o a Petition and a Notice o AgencyAction in this matter.

6 Respondent understands that this Stipulation and Order, i adopted by the Director othe Division, will be classified as a public document. The Division may release this Stipulationand Order, and will release other information about this disciplinary action against Respondent'slicense, to other persons and entities.

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7. Respondent neither admits not denies the following, but agrees that the Divisionshall make the following findings of fact:

a. Respondent was licensed as a registered nurse in the State of Utah on or aboutJune 26, 2012.

b. In April 2013 Respondent touched a patient in an inappropriate sexual manneron more than one occasion while working at a Utah hospital.c. Respondent desires to surrender Respondent's license to practice as aregistered nurse in the State of Utah along with all residual rights pertaining tosaid license.

8. Respondent, while neither admitting or denying the findings of facts above, agreesthat the findings of fact above constitute unprofessional conduct as defined in Utah Code Ann. 58-1-501(2)(a) and (k); and that said conduct justifies disciplinary action against Respondent'slicense pursuant to Utah Code Ann. 58-1-401(2)(a). Respondent hereby surrendersRespondent's license to practice as a registered nurse in the State of Utah along with all residualrights pertaining to said license. Respondent agrees that the issuance of the Order in this matterconstitutes disciplinary action by the Division pursuant to Utah Administrative Code R 156-1102(6) and Utah Code Ann. 58-1-401(2)(a). Respondent agrees not to reapply for licensure asa nurse in the State ofUtah until five years has elapsed from the effective date of this Stipulationand Order and Respondent submits documentation showing that Respondent has completed allcriminal sanctions, if any. The Division does not guarantee that any future application byRespondent for licensure will be granted. f the Division Director accepts the terms of thisStipulation and Order, Respondent forfeits all rights to practice as a nurse in the State of Utah.Respondent understands that Respondent will not receive any refund of license or renewal feespreviously paid to the Division.

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9 This Stipulation and Order, upon approval by the Director of the Division, shallbe the final compromise and settlement ofthis non-criminal administrative matter. Respondentacknowledges that the Director is not required to accept the terms of this Stipulation and Orderand that if the Director does not do so, this Stipulation and the representations contained thereinshall be null and void, except that the Division and Respondent waive any claim of bias orprejudgment they might otherwise have with regard to the Director by virtue of his havingreviewed this Stipulation, and this waiver shall survive such nullification.

10. This document constitutes the entire agreement between the parties andsupersedes and cancels any and all prior negotiations, representations, understandings oragreements between the parties regarding the subject of this Stipulation and Order. There are noverbal agreements that modify, interpret, construe or affect this Stipulation.

11 fRespondent violates any term or condition of this Stipulation and Order, theDivision may take action against Respondent, including imposing appropriate sanction, in themanner provided by law.

12 Respondent understands that the disciplinary action taken by the Division in thisStipulation and Order may adversely affect any license that Respondent may possess in anotherstate or any application for licensure Respondent may submit in another state.

13 Respondent understands and agrees that if Respondent has been issued an Orderby the Division to pay an administrative penalty or a fine, and Respondent has not paid theadministrative penalty or fine in full at the time this Stipulation and Order becomes effective,then Respondent may not reapply for licensure in the State of Utah, in any profession oroccupation, until Respondent has paid the administrative penalty or fine in fulL Respondent

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understands and agrees that any application for licensure submitted by Respondent shall bedenied for the reason o failure to pay an administrative penalty or fine by the Division untilRespondent has paid the administrative penalty or fine in full. The Division may also deny thelicense for any other lawful reason. Respondent understands and agrees that this surrender oRespondent s licensees) does not extinguish any obligation Respondent has to pay anyadministrative penalty or fine previously ordered by the Division.

14 Respondent has read each and every paragraph contained in this Stipulation andOrder. Respondent understands each and every paragraph contained in this Stipulation and

Order. Respondent has no questions about any paragraph or provision contained in thisStipulation and Order.DIVISION OF OCCUPATIONALPROFESSIONAL LICENSING

DNP, APRN, LASUDCBureau Manager

DATE _ L ~ [ _ r _ D ~ / _ _ ~

RESPONDENT

BRIAN L. TARBETACTING ATTORNEY GENERAL

B Y ~ ~ ~ ~ ~ ~ = = - L. MITCHELL J

DATE: 0 f ~ c U ?75


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ORDER

THE ABOVE STIPULATION, in the matter o JOSHUA PLATTE SHUMWAY ishereby approved by the Division o Occupational and Professional Licensing, and constitutes myFindings o Fact and Conclusions o Law in this matter. The issuance o this Order isdisciplinary action pursuant to Utah Administrative Code R 156-1-1 02 6) and Utah Code Ann. 58-1-401 2). The terms and conditions o the Stipulation are incorporated herein and constitutemy final Order in this case.

DATED this _-- - --=0 ---_ day of_ = D:.....:e=c::::..:e:::..;M:.:...:. =:b=l :.... f 2013.DIVISION OF OCCUP A ONAL ANDPROFESSIONAL LICENSING

d u 4 6bnj Qlrtl\W/ HL MARK B. INAGELf DirectorInvestigator: Dan Briggs

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Joshua P. Shumway - Surrender of License