Leon FL and Government Lawyers | Ann Lewis Prescott -- eLawyers

19-001929PL DEPARTMENT OF HEALTH, BOARD OF NURSING vs KATIE ELIZABETH, R.N. (2019)

Division of Administrative Hearings, Florida Filed: Apr. 15, 2019

The issues to be determined are whether Respondent violated section 456.072(1)(q), Florida Statutes (2016), as alleged in the Administrative Complaint, by failing to undergo an evaluation coordinated by the Intervention Project for Nurses (IPN) as required by the Final Order in Case No. 2014-18443; and, if so, the appropriate penalty.Petitioner established that Respondent failed to comply with a lawful order of the Department. Recommend suspension of license until compliance.

18-003494PL DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE vs RAYMOND FAILER, D.O. (2018)

Division of Administrative Hearings, Florida Filed: Jul. 06, 2018

18-002826PL DEPARTMENT OF HEALTH, BOARD OF NURSING vs DAPHNEY D. WILLIAMS, C.N.A. (2018)

Division of Administrative Hearings, Florida Filed: May 31, 2018

The issue is whether Respondent's request for a substantial interests hearing under section 120.57(1), Florida Statutes (2017),1/ should be dismissed as untimely.As there were no circumstances implicating the doctrine of equitable tolling, Respondent's request for hearing was untimely and should be dismissed.

18-000424PL DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE vs RICHARD D. VITALIS, D.O. (2018)

Division of Administrative Hearings, Florida Filed: Jan. 24, 2018

The issues to be determined are whether Respondent overprescribed controlled substances and failed to maintain legible medical records as alleged in the Administrative Complaint and, if so, the appropriate penalty.Petitioner proved that Respondent violated section 459.015(1) related to dispensing oxycodone and xanax, and maintaining illegible records. Recommend reprimand and fine.

17-001832PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs MEIE LI CRISP, L.M.T. (2017)

Division of Administrative Hearings, Florida Filed: Mar. 23, 2017

The issues to be determined are whether Meie L. Crisp, L.M.T., Respondent, engaged in sexual misconduct in the practice of massage therapy, in violation of section 480.046(1)(o), Florida Statutes (2012), through a violation of section 480.0485, Florida Statutes (2012); and, if so, what is the appropriate sanction.Petitioner presented clear and convincing evidence that Respondent committed sexual misconduct in the practice of massage therapy. Recommend $1,000 fine and revocation.

16-005997PL DEPARTMENT OF HEALTH, BOARD OF NURSING vs ROMAN S. STRELKOV, R.N. (2016)

Division of Administrative Hearings, Florida Filed: Oct. 17, 2016

The issue in this case is how the Board of Nursing (Board) should discipline the Respondent’s registered nurse license for: pleading guilty to two counts of larceny-grand theft of a controlled substance, which were third degree felonies under section 812.014(2)(c)13., Florida Statutes1/; pleading nolo contendere to possession or use of narcotic equipment, a first degree misdemeanor under section 893.147(1), Florida Statutes; pleading nolo contendere to larceny-petit theft, a second degree misdemeanor under section 812.014(3)(a), Florida Statutes; and failing to report the criminal violations to the Board within 30 days.Nurse diverted controlled substances and pled guilty. Suspension not necessary; reprimand enough, with IPN evaluation and treatment, if necessary.

15-001868PL DEPARTMENT OF HEALTH, BOARD OF NURSING vs DESHON A. DAVIS, C.N.A. (2015)

Division of Administrative Hearings, Florida Filed: Apr. 06, 2015

The issue in this case is whether the allegations set forth in the First Corrected Amended Administrative Complaint filed by the Department of Health (Petitioner) against Deshon A. Davis, CNA (Respondent), are correct, and, if so, what penalty should be imposed.CNA acted outside scope of license.

20-004754PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs KENNETH JAMES DIPERSIO, L.M.T. (2020)

Division of Administrative Hearings, Florida Filed: Oct. 23, 2020

The issues in these consolidated cases are whether Respondent committed sexual misconduct as charged in the Administrative Complaints, and, if so, what penalty should be imposed.Department failed to prove by clear and convincing evidence that Respondent engaged in sexual misconduct. Dismissal of Administrative Complaints recommended.

20-004755PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs KENNETH JAMES DIPERSIO, L.M.T. (2020)

Division of Administrative Hearings, Florida Filed: Oct. 23, 2020

The issues in these consolidated cases are whether Respondent committed sexual misconduct as charged in the Administrative Complaints, and, if so, what penalty should be imposed.Department failed to prove by clear and convincing evidence that Respondent engaged in sexual misconduct. Dismissal of Administrative Complaints recommended.

17-001549PL DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE vs RAYMOND FAILER, D.O. (2017)

Division of Administrative Hearings, Florida Filed: Mar. 14, 2017

Ann Lewis Prescott