Leon FL and Government Lawyers | Louise R Wilhite-St Lauren -- eLawyers

10-008902 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs FIVE STAR HAITIAN RESTAURANT (2010)

Division of Administrative Hearings, Florida Filed: Sep. 03, 2010

The issue for determination is whether Respondent committed the offenses set forth in the Administrative Complaint dated December 2, 2009, and, if so, what action should be taken.Petitioner demonstrated Respondent had no certified food manager, no proof of employee training, and no proper hand drying provisions at the hand washing sink; and new owner failed to submit change of ownership application. Recommend admininstrative fine.

17-004337PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs RAQUEL C. SKIDMORE, M. D. (2017)

Division of Administrative Hearings, Florida Filed: Aug. 02, 2017

The issues to be decided are whether Respondent violated sections 456.072(1)(a), (n), and (w), and 458.331(1)(g), (k), (q), and (v), Florida Statutes (2015), as alleged in the Administrative Complaint; and, if so, what penalty should be imposed.Respondent sold prescription for medical marijuana to a non-resident prior to qualifying as an ordering physician, without advising patient that medical marijuana was still illegal in Florida. Recommend revocation.

15-000429PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs CHRISTINA B. PAYLAN, M.D. (2015)

Division of Administrative Hearings, Florida Filed: Jan. 23, 2015

The issue in this case is whether the Respondent’s medical license should be revoked or otherwise disciplined under section 456.072(1)(c), Florida Statutes, based on criminal convictions related to the practice of medicine or the Respondent’s ability to practice medicine—namely, convictions for obtaining a controlled substance by fraud, a third degree felony under section 893.13(7)(a)9., and for fraudulently using, or possessing with intent to fraudulently use, personal identification information, a third degree felony under section 817.568(2)(a).1/ The Respondent disputes that the convictions are related to the practice of medicine or her ability to practice medicine and asserts various defenses.Respondent was convicted of crimes related to the practice or ability to practice medicine. Recommend Board retain jurisdiction pending criminal appeals.

16-001796PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs DROR M. PELED, M.D. (2016)

Division of Administrative Hearings, Florida Filed: Mar. 29, 2016

The issues in this case are whether, and how, the Board of Medicine should discipline the Respondent based on charges set out in the Second Amended Administrative Complaint filed by the Petitioner.Department of Health proved physician was unable to practice with reasonable skill and safety to patients without treatment and was terminated from PRN for non-compliance without good cause.

16-004560F JOANNA NELSON, A.R.N.P. vs DEPARTMENT OF HEALTH, BOARD OF NURSING (2016)

Division of Administrative Hearings, Florida Filed: Aug. 11, 2016

The issue is whether there was substantial justification under section 57.111, Florida Statutes (2013-2016),1/ for the Administrative Complaint filed by the Department of Health (DOH) against Joanna Nelson, A.R.N.P., who prevailed and petitioned for attorney’s fees and costs under that statute.DOH proved substantial justification for filing Administrative Complaint for failure to comply, without good cause, with IPN monitoring agreement and being terminated from IPN. No fees awarded.

15-005043PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs KENNETH WOLINER, M.D. (2015)

Division of Administrative Hearings, Florida Filed: Dec. 06, 2016

Whether Respondent engaged in medical malpractice, failed to keep legible medical records, exploited a patient for financial gain, or accepted or performed the professional responsibilities of an oncologist that he knew, or had reason to know, he was not competent to perform; and if so, what is the appropriate sanction.Physician, who attributed young patient's symptoms to allergies, rather than her previously diagnosed malignancy, committed malpractice, ultimately resulting in the death of the patient due to untreated lymphoma. Recommend license revocation and fine.

16-004101PL DEPARTMENT OF HEALTH, BOARD OF NURSING vs LISA MICHELLE JACKSON, R.N. (2016)

Division of Administrative Hearings, Florida Filed: Jul. 20, 2016

The issues to be determined are whether Respondent possessed Dilaudid without a legitimate purpose, and whether Respondent is unable to practice nursing with reasonable skill and safety, in violation of section 464.018(1), Florida Statutes, as alleged in the Administrative Complaint and, if so, the appropriate penalty.Petitioner proved that Respondent violated section 464.018(1) as a result of her possession and use of opiods. A one-year suspension of her license, with compliance with IPN standards before reinstatement was waranted.

16-001787PL DEPARTMENT OF HEALTH, BOARD OF NURSING vs RAPHAEL SANDERS, L.P.N. (2016)

Division of Administrative Hearings, Florida Filed: Mar. 28, 2016

The issue in this case is whether the Board of Nursing should discipline the Respondent on charges set out in an Administrative Complaint filed by the Petitioner.Department of Health proved licensed practical nurse had sex with a patient unforced and forced, and sent her foul texts. RO: revoke.

15-005528PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs EDWARDO WILLIAMS, M.D. (2015)

Division of Administrative Hearings, Florida Filed: Sep. 30, 2015

The issue to be determined is whether Respondent violated sections 456.072(1)(v), Florida Statutes (2012-2013), and 458.331(1)(c), Florida Statutes (2014), as alleged in the Second Amended Administrative Complaint, and if so, what penalty should be imposed for his conduct.Petitioner established by clear and convincing evidence that Respondent committed sexual misconduct with three patients, and pled nolo to a battery charge related to the practice. Recommend revocation.

15-001103 DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs QUEEN SPA, INC. (2015)

Division of Administrative Hearings, Florida Filed: Mar. 02, 2015

Did Respondent, Jianping Liu, L.M.T. (Ms. Liu), induce patients N.D. and J.H. to engage in sexual activity or engage in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment? Did Ms. Liu massage patient N.D. at a location not licensed as a massage establishment and without exemption? Did sexual misconduct occur in Respondent, Queen Spa, Inc.’s (Queen Spa), massage establishment? Did Queen Spa’s backpage.com and anyitem.org advertisements induce or attempt to induce, or engage or attempt to engage, clients in unlawful sexual misconduct? Did Queen Spa fail to include its license number in its backpage.com and anyitem.com advertisements?Penis manipulation is not part of a lawful massage. Dept. proved Resp. engaged in sexual misconduct during massage. Resp. advertisements induced sexual misconduct. Resp. conducted massage at unlicensed location.

Louise R Wilhite-St Laurent