SEP-@9-2085 e:11 _ AHCA“LEGAL MEDICAL Sep 9 2005 Silt j a aoa 414 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. 2005-50173 CALEB GUTIERREZ RASAY, R.N., RESPONDENT. ee ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Caleb Gutierrez Rasay, R.N., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Section 30.43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 464, Florida Statutes. 2. At all times material to this Complaint, Respondent was a registered nurse (R.N.) within the state of Florida, having been issued license number RN 9209609. Caleb Gutierrez Rasay, B.N. JAPEU\Nursing Yolanda Grean\ac'S\ESO's\Racay - gexual misconduct.dec -l- 1989 P.a4 Sep 9 2005 8:12 SEP-@9-2085 e:11 AHCA- , HCA“LEGAL MEDICAL 856 414 1989 P.@S 3, Respondent's address of record is 712 NE. 15" Street, Apt. 2, Fort Lauderdale, Florida 33304. 4. At all times material to this Complaint, Respondent was. employed by Broward General Medical Center in Fort Lauderdale, Florida. 5. On or about January 10, 2005, Respondent provided care to patient $.M. who was incapacitated due to injuries suffered in a motorcycle accident. 6. On or about January 11, 2005, in the early moming hours, Respondent entered patient $.M.’s room to remove S.M.’s catheter and replace it with a condom catheter. Respondent proceeded to masturbate patient S.M.’s penis. Respondent then placed his mouth over patient S.M.’s penis, against the will of patient S.M. Due to patient S.M.’s incapacitating injuries, S.M. was unable to physically resist Respondent or communicate with him verbally. 7. Onor about January 11, 2005, around 12:00 p.m., patient 5.M. reported to his floor nurse that Respondent had performed oral sex on him around 3:00 a.m. that morning. Patient S.M, reported the incident in writing, as his jaw was wired shut due to injuries he received in the accident. Caleb Gutierrez Rasay, R.N. J:\P5U\Nursing\Yolonda Green\ACs \ESU's\Rasay + Sexual misconduct.doc 2 Sep 9 2005 8:12 SEP-@9-2085 8:11 AHCA ' ICA“LEGAL MEDICAL 856 414 1989 P.@6 8. On or about February 17, 2005, Respondent was arrested and charged with committing sexual battery on a person over 12 years of age who is physically helpless to resist, in violation of Section 794.011(4), Floricla Statutes, and simple battery, in violation of Section 784.03(1)(a)(1), Florida Statutes. COUNT ONE 9, Petitioner realleges and incorporates paragraphs one (1) through elght (8) as if fully set forth herein. 10. Section 456.072(1)(u), Florida Statutes (2004), states that engaging or attempting to engage in sexual misconduct as defined and prohibited In Section 456,063(1), Florida Statutes, constitutes grounds tor disciplinary action against a licensed health care practitioner. 11. Section 456.063(1), Florida Statutes (2004), defines sexual misconduct in the practice of a health care profession as violating the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient in, or ta induce or attempt to induce such persan to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health caré profession. Caleb Gutierrez Rasay, R.N. JA\PSU\Nursing\Wolonda Grean\ac'S\eSO's\Rasay - sexual misconduct.dac Sep 9 2005 8:12 SEP-@9-2885 8:12 AHCA/LEGAL MEDICAL 856 414 1989 12, Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner a5 defined in Section 456.001(4), Florida Statutes. 13. Respondent engaged in or attempted to engage in sexual misconduct by masturbating S.M.’s penis and by placing his mouth on S.M.’s penis against S.M.’s will. 14. Based on the foregoing, Respondent violated Section 456.072(1)(u), Florida Statutes (2004), by engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes. | COUNT TWO 15. Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 16. Section 464.018 (1)(n), Florida Statutes (2004), provides that failing to meet minimal standards of acceptable and prevailing nursing practice constitutes grounds for disciplinary action by the Board of Nursing. 17. Respondent failed to meet minimal standards of acceptable and prevalling nursing practice by masturbating $.M.’s penis and by placing his mouth on S.M.’s penis against S.M.’s will. Caleh Gutierrez Rasay, B.N. JAPSU\Nursing\Yolonria Green\AC‘S\ESO's\Raaay sexual misconduct.doc Pa? Sep 9 2005 8:13 SEP-@9-2885 6:12 ree MEDICAL 856 414 1989 P.@8 1 18. Based on the foregoing, Respondent violated Section 464.018 (1)(n), Florida Statutes (2004), by failing to meet minimal standards of acceptable and prevailing nursing practice. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Caleb Gutierrez Rasay, R-N. 3,\PSU\Nuraing Wolonda Green\ACS\ESO's\Rasay = sexual misconduct.duu SEP-9-20a5 a8: 12 Sep 9 2005 8:15 ' 858 4i4 1989 oP. SIGNED this rhe day of Un (i by \ , 2002. John O. Agwunobi, M.D., M.B.A., M.P.H. oy eaiee FILED Lf. Y. Green ~ Assistant General Counsel en oe DOH Prosecution Services Unit stake Gama 4052 Bald Cypress Way, Bin C-65 pate ty ait 7 ea Tallahassee, Florida 32399-3265 * Florida Bar No.: 0738115 (850) 414 — 8126 Telephone (850) 414 - 1991 Facsimile , AHCA“LEGAL MEDICAL ¥YG/yyg Reviewed and approved by: ALE Ainttials)3 7/0 if (date) PCP: 3/io/eS PCP Members: A Sp-.Jhere-eae, Len 0. Dee ho , J) Caleb Gutierrez Ra#ay, R.N., 2005-50173 Caleb Gutictrez Rasay, R.N I APSU\Nursing\Yuluda Green ACS\ESO's\Rasay - = pexual misranduct.du. -6. Sep 9 2005 8:13 SEP-@9-2885 8:13 AHCA/LEGAL MEDICAL ¢ 856 414 1989 P.1a NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline Imposed. Caleb Gutiertez Rasay, R.N. J:\PSU\Nureing\Yolonda Grean\ACS\EST's\Ranay ~ sexual misconduu.ckx,

Docket for Case No: 05-003251PL