Board finds violations in Yesenia Cruz case, restarts four-year consent order and lifts suspension

After a two-day, continued hearing, the Connecticut Nursing Board found that Yesenia L. Cruz, RN (petition no. 2024-1754), violated the terms of an earlier consent order and voted to restart a four-year consent order with clarified monitoring requirements. The board also voted to vacate Cruz—s summary suspension, allowing her to resume practice immediately under the terms of the existing and newly issued order subject to department monitoring.

Department counsel presented the matter as a continued hearing and said several department exhibits had been entered earlier. Cruz, representing herself, admitted or partially admitted multiple paragraphs of the statement of charges: she admitted allegations in paragraphs 1, 2, 3(a), 3(b), 3(c), 4(b), 5 and 6; she admitted paragraph 4(a) but clarified she believed she used alcohol "but not to excess." The department told the board the consent order required random observed urine screens and that a missed screen may be deemed a positive under the order.

Cruz testified she self-reported a relapse in September 2024 to her therapist, stopped drinking after that incident, and engaged in treatment, medication management and support groups. Cruz acknowledged she missed a requested urine screen on Nov. 25, 2024, explaining that she took a medication cart to cover a shift and was relieved around 11 a.m., by which time she believed the five-hour window for the test had passed; she said she had notified the monitor that she was awaiting coverage and believed she would be tested the following day.

Department counsel said the respondent—s consent order treated failure to submit when selected as a positive. After testimony and argument, Board member Cindy Arpin moved for fact-finding and recommended finding the department—s allegations proved. The board voted to find on all charges. The board then considered remedy.

Board members discussed options including restarting the consent order, extending time served, or other sanctions. The board voted to restart the four-year consent order from the date of the new memorandum of decision and to add a clarified requirement that therapy visits occur at least monthly in the months for which reports are due (monthly reporting for years one and four, quarterly reporting for years two and three) so that therapy reports will reflect an actual monthly appointment. The motion required that if a therapist recommends more frequent visits the therapist—s clinical judgment control.

The board also voted to vacate Cruz—s summary suspension effective immediately so Cruz may resume practice under the terms of the applicable consent order; the board advised Cruz to coordinate with the Department of Public Health to re-establish testing/monitoring (the department retains responsibility for operational re-enrollment in monitoring programs and testing schedules). Cruz asked how to resume testing; the chair and counsel directed her to contact the department to arrange re-enrollment and monitoring.

Fact-finding and remedy votes were recorded by roll call. The board—s actions are interim enforcement and monitoring steps; the voted remedy restarts the consent-order monitoring period and imposes clarified monthly-therapy requirements to reduce ambiguity about frequency and reporting.