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.
The issue in this case is whether the Board of Medicine should discipline the Respondent's license on charges that he committed medical malpractice in violation of section 458.331(1)(t), Florida Statutes (2012), in his treatment of patient H.S. on December 1, 2012. (All statutory and rule references are to those in effect on December 1, 2012.)DOH proved medical malpractice by prescribing eye medication without examining patient. Dismissal of telemedicine rule violation charge did not waive or estop medical malpractice charge.
