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Hearing for RN Yesenia Cruz continued after preliminary admissions and exhibits

2770350 · February 19, 2025
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Summary

The hearing for Yesenia (Yasenia) Cruz, RN (Petition No. 2024-1754), was continued to March 5 after the respondent entered partial admissions to the statement of charges and the parties stipulated to admission of a set of exhibits; the hearing will resume with evidentiary testimony on the new date.

The Department of Public Health and respondent Yesenia (Yasenia) Cruz agreed to continue the disciplinary hearing to March 5 after the board admitted preliminary exhibits and the respondent recorded admissions and denials to each paragraph of the statement of charges.

Assistant Attorney General Alina Bricklin Goldstein advised the board on procedural matters and explained the process for answering the statement of charges, including that the department bears the burden of proof. Bricklin Goldstein said the board should allow the parties to mark exhibits and that, given time constraints and the number of board members present, it would be efficient to continue evidentiary testimony to a later date.

During the preliminary proceeding, Cruz—sworn in before answering—admitted she was a holder of Connecticut registered nurse license No. 128527 and admitted the existence of a July 3, 2024 consent order that placed the license on probation. Cruz admitted parts 3(a)–(c) of the statement of charges (monitoring and testing requirements set out in the consent order). On paragraph 4(a) she said, “I do admit to the use of alcohol. I deny that it was in excess.” She admitted paragraph 4(b) (failure to submit to a urine screen on or about Nov. 25, 2024). She denied paragraph 5 (that abuse or excess use of alcohol does or may affect her nursing practice) and admitted paragraph 6 (that the conduct described subjects her license to revocation or other disciplinary action under the cited statutes).

The board received and entered board exhibits 1–6 (notice of hearing, postal tracking, statement of charges, summary suspension order, respondent’s letter titled “answer to charges,” and a department e-mail objecting to lifting summary suspension). The department’s exhibits 1–9 (including the consent order, monitoring reports, employer reports, therapy reports and other materials) were offered and received; several department exhibits were marked under seal or noted as containing confidential health information. The respondent offered six exhibits (recent attendance records, a letter from a licensed therapist, office-visit documents and communications), which the board admitted without objection.

Board members and counsel agreed that the hearing would be continued to March 5 so that a full panel is present and time is available for evidence and testimony. Bricklin Goldstein explained in open session that answering the charges on the record preserves efficiency and highlights which issues remain contested when the hearing resumes.

The board closed preliminary matters and set procedure for resuming the hearing on March 5; counsel asked that Cruz’s matter be scheduled early on the agenda for that date.