Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: APRIL D. WHEELER, L.P.N.
Judges: LISA SHEARER NELSON
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Aug. 25, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 22, 2009.
Latest Update: Dec. 23, 2024
Aug 25 2009 11:24
AUG-25-2889 1l2tar AHCA
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NG. 2008-18878
APRIL DB. WHEELER, L.P.N.
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health (Department), by and
through its undersigned counsel, and files this Administrative Compiaint
before the Board of Nursing against Respondent, April D. Wheeler, 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 Administrative Complaint,
Respondent was a licensed practical nurse (L.P.N.) within the state of
Florida, having been issued license number 5179029.
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3. Respondent's address of record is 15175 North Old 3C Road,
Sunbury, OH 43074.
4, Onor about June 13, 2008, the Department filed 3 Final Order
in case number 2008-08006.
5. The Final Order required Respondent to pay 4 fine in tne
amount of $100.00 within 30 cays from the cate of the Final Order,
6, Respondent failed to pay a fine in the amount of $100.00
' within 30 days from the date of the Final Order.
| 7. The Final Order required Respondent to pay costs in the
amount of $75.00 within 30 days from the date of the Final Order.
8. Respondent failed to pay costs in the amount of $75.00 within
30 days from the date of the Final Order.
9, The Final Order required Respondent to pay restitution in the
amount of $212.00 within 30 days from the date of the Final Order,
10, Respondent failed to pay restitution in the amount of $212.00
within 30 days from the date of the Final Order.
~ 11. The Fina! Order required Respondent to pay a service charge in
the amount of $15.00 within 30 days from the date of the Final Order.
Department of Health v. April D. Wheeler, L.PN. 2
Case Number 2008-16678
2\PSU\Nursing TR3\ACs\wheeler, April (VFO - Anas, costs).des
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12. Respondent failed to pay a service charge in the amount of
. $15.00 within 30 days from the date of the Final Order.
13. Section 456.072(1)(a), Florida Statutes (2008), provides that
violating a lawful order of the department or the board, or failing to comply
with @ lawfully issued subpoena of the department, constitutes grounds for
disciplinary action.
14. Respondent is licensed pursuant to Chapter 464, Florida
Statutes, and is a health care practitioner as defined in Section 456.001(4),
Florida Statutes (2008).
15. Respondent violated a lawful order of the Department in one or
more of the following ways:
a. By failing to pay a fine in the amount of $100.00 within
30 days from the date of the Final Order filed in case -
number 2008-08006:
b. By failing to pay costs in the amount of $75.00 within 30
days from the date of the Final Order filed in case
number 2008-08006;
Department of Health y. April D. Wheeler, LPN,
Case Number 2008-18872
2: \PSU\ Nursing \TR3\ACs\ Wheeler, April (VFO - fines, COSTS ).O05
ae
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G By failing to pay restitution in the amount of $212.00
within 30 days from the date of the Final Order filed in
case number 2008-08006;
d. By failing to pay a service charge in the amount of $15.00
within 30 days from the date of the Final Order flied in
cas® number 2008-08006.
16. Based on the foregoing, Respondent violated Section
456.072(1)(q), Florida Statutes (2008), by violating a lawful order of the
department or the board, or failing to comply with a lawfully issued
subpoena of the department.
Department of Health v. April D. Whesier, L.P.N, 4
’ Case Number 2008-18878
3:\PSU\Nursing\TD3\aCs\ Wheeler, April (VFO - fines, epets).doc
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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
Tees billed or collected, remedial education and/or any other reef that the
Board deems appropriate.
NED this quit Gay of hunny _ ss, 2004,
Ana M. Viamonte Rise, M.D., M.P.H.
state Surge
eet f SSistant General Counsel
eect! OH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
Florida Bar Number 0011265
(850) 245 - 4640 Telephone
(850) 245 - 4683 Facsimile
/TLD
Reviewed and approved by: (initials) (date)
PCP: L KIRKp
PCP Mernbers: § BOWEN
1/22/09
Department of Health v. April D, Wheeler, LPN, 5
Case Number 2008-18878
4:\PSU\Wursing\TD3\ACs\ Wheeler, april (VEO - fines, costs).dac
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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 456.07 2(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.
Department of Health vy. Apel D, Wheeler, L-P.N, 6
Case Number 2008-18578
JAPSU\NeISING\TO3\ACS\Wheeler, April (VEO - fines, costs).aoc
Docket for Case No: 09-004646PL
Issue Date |
Proceedings |
Oct. 22, 2009 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Oct. 06, 2009 |
Motion to Deem Admitted and to Relinquish Jurisdiction filed.
|
Sep. 11, 2009 |
Order of Pre-hearing Instructions.
|
Sep. 11, 2009 |
Notice of Hearing (hearing set for November 9, 2009; 9:30 a.m.; Tallahassee, FL).
|
Sep. 01, 2009 |
Unilateral Response to Initial Order filed.
|
Aug. 31, 2009 |
Petitioner's First Request for Admissions to Respondent filed.
|
Aug. 31, 2009 |
Notice of Filing Serving Petitioner's First Request for Admissions, Interrogatories and Production of Documents filed.
|
Aug. 31, 2009 |
Petitioner's First Request for Interrogatories filed.
|
Aug. 31, 2009 |
Petitioner's First Request for Production of Documents filed.
|
Aug. 25, 2009 |
Initial Order.
|
Aug. 25, 2009 |
Notice of Appearance (filed by W. Miller).
|
Aug. 25, 2009 |
Notice of Appearance (filed by T. Dicken, III).
|
Aug. 25, 2009 |
Administrative Complaint filed.
|
Aug. 25, 2009 |
Election of Rights filed.
|
Aug. 25, 2009 |
Agency referral filed.
|