Sep 3 2008 14:48 SEP_a3-2aR8 15:23 : ‘ AKCA ( P.G87i4 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2005-50839 HARVEY PRICE, L.P.N., RESPONDENT. a | 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, Harvey Price, L.P.N., and in support thereof alleges: | 1. Petitioner is the state department charged with regulating the Practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Complaint, Respondent was a "licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 924621. Sep 3 2008 14:48 eta : P.09/ SEP-@3-2088 15:23 pHCA ‘& uw 3. Respondent's address of record is PO. Box 99, High Springs, Florida 32655-0099. 4. On or about July 21, 1982, Respondent was arrested by the Alachua County Sheriff's Office on the charge of assault and battery. This arrest resulted in a conviction, in the County Court In and For Alachua County, Florida, in Case Number 81 000 12 MM, of one (1) count of battery, a misdemeanor, in violation of Section 784.03, Florida Statutes. 5. On or about August 23", 1989, Respondent submitted his application for nursing licensure to the Florida Department of Professional Regulation. On this application, Respondent answered ‘No’ to the following question: “Have you ever been arrested — regardless of adjudication ~ for any offense other than a minor traffic violation?” 6. As of October 5, 2005, the Respondent had not reported his July 1982 conviction for misdemeanor battery to the Board of Nursing. 7. On or about December 8, 1994, in the County Court In and For Alachua County, Florida, in Case Number 94 119 82 MMA, Respondent entered a plea of nolo contendere to one (1) count of disorderly conduct, a 2" degree misdemeanor, in violation of Section 877.03, Florida Statutes, 22- Harvey Price, LP_N.; 2005-5pe39 ds APSU\Nursing\Monica | Ryanlcasaslprice, harvey\2ndse.doe Sep 3 2008 14:48 : 4 P.1@714 SEP-@3-24@8 15:24 ‘ RHCA ( . Q 8. As of October 5, 2005, the Respondent had not reported the December 1994 entry of his plea of nolo contendere to the charge of disorderly conduct to the Board of Nursing. 9. On or about April 19, 1999, in the County Court In and For Alachua County, Florida, in Case Number 1199 MM 000 483Axx, Respondent entered a plea of nolo contendere to one (1) count of resisting an officer without violence, a 1* degree misdemeanor, in violation of Section 843.02, Florida Statutes. 10. As of October 5, 2005, the Respondent had not reported the April 1999 entry of his plea of nolo contendere to the charge of resisting an officer to the Board of Nursing. 11, Section 455.624(1)(w), Florida Statutes (1999), provides that failing to report to the board, or the department if. there is no board, in writing on or before October 4, 1999, of convictions, findings, adjudications, and pleas entered to crimes in any jurisdiction by the licensee prior to July 1, 1999, constitutes grounds for disciplinary action. 12. The Respondent failed to inform the Board of Nursing in writing by October 1, 1999, that he was convicted of misdemeanor battery in July 1982, ~3- Price, LP.N.; 2005-50839 J APSUINUTSINe re Ryanlcases\price, Narvey\2ndac.doe Sep $3 2008 14:49 : P.1i/t4 SEP-@3-2008 15:24 ner ry 13. The Respondent failed to inform the Board of Nursing in writing by October 1, 1999, that he entered a plea of nolo contendere to one (1) 7 count of disorderly conduct in December 1994, 14. The Respondent failed to inform the Board of Nursing in writing by October 1, 1999, that he entered a plea of nolo contendere to one (1) count of resisting an officer without violence in April 1999. 15, Based on the foregoing, the Respondent has violated Section 455.624(1)(w), Florida Statutes (1999), by failing to report to the board, or the department if there is no board, in writing on or before October 1, 1999, of convictions, findings, adjudications, and pleas entered to crimes in any jurisdiction by the licensee prior to July 1, 1999. 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, [CONTINUED NEXT PAGE] =4e Harvey Price, L.P.N.; 2005-50899 “NPSUWursing\Maniea Ryan\cases\orice,harvey\andac.doc Sep 3 2008 14:49 P.12714 SEP-@3-24@8 15:24 . AHCA r 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. 77 7 yt SIGNED this_ 20) ~ day of £8 2eie-tcy- ( M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health oA Monica Ryan Depapr,, FILED Assistant General Counsel DeRENT GE HEALY DGH Prosecution Services Unit cutricl lip? 4052 Bald Cypress Way, Bin C-65 are « Colmes Tallahassee, FL 32300-4066 Aeros Florida Bar # 0478555 (850) 414-8126 (850) 414-1989 FAX MIR/mijr PCP: afl 5p b PCP Members: ; nay hyd ~5- Harvey Prica, LP.N.; 2006-50839 4APSU\Nursing\Monica Ryan\cases\price,harvey\2ndac.dog Sep 3 2008 14:49 A . SEP-a3-2008 15:24 “ AHCA P.13/14 Harvey Price, L.P.N., 2005-50839 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. ~G-. Hervey Price, LP.N.; 2005-50830 JAPSU\Nursing\Montea Ryan\cases\price, harvey\éndac. doc

Docket for Case No: 08-004492PL