Division of Administrative Hearings, Florida
Filed: Mar. 20, 2017
The issue in this case is whether the Respondent’s license as a certified nursing assistant should be revoked or otherwise disciplined because she intentionally violated section 464.204(1)(b), Florida Statutes (2015),1/ by using force against or striking a patient, which Florida Administrative Code Rule 64B9-8.005(13)2/ defined as unprofessional conduct.Department of Health proved CNA struck patient on arm. It was not self-defense. Other alleged use of force was not proven, and circumstances did not warrant revocation. Recommend 60-day suspension, probation and continuing ed.