ceb-1p-omia 12823 auca Feb ly 2010 11:34 _ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, vs. Case No. 2008-26569 JOHN B. REESE, C.N.A. 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, John B. Reese, C.N.A. and in support thereof alleges: 1, Petitioner is the state department charged with regulating the practice of nursing assistance 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 Certified Nursing Assistant (C.N.A.) within the State of Florida, having been issued license number C.N.A. 167001. Feb 1? 2010 11:35 FEB-17?-2618 12:23 AHCA P.a4 3. Respondent's address of record is 2802 U.S. Highway 1792 West Haines City, Florida 33844. 4. At all times material to this complaint, Respondent was a C.N.A. employed at Winter Haven Health and Rehabilitation (Winter Haven), Winter Haven, Florida. 5. On or about October 24, 2008, S.T., a 64 year old resident of Winter Haven, reported that while the Respondent was cleaning her, on or about October 23, 2008, he made a sexually inappropriate comment. 6. According to S.T., the Respondent said, “I would like to make love to you”, on or about October 23, 2008 during his 3:00 p.m.-11:00 p.m. shift. 7. §.T. told a certified nurse assistant and a registered nurse that the Respondent would hug and kiss on her, and she did not like it. 5.T. said that the Respondent made her uncomfortable with his hugging and kissing. 8. Section 464.204(1)(b), Florida Statutes (2008), provides that a C.N.A. who intentionally violates any provision of Chapter 464, Chapter 456, or the rules adopted by the board, is subject to disciplinary action by the Board of Nursing. DOH v. John B, Reese, CNA, -2- Case No. 2008-26569 J:\PSU\Nursing\Maja §. Hoiman\CNAs\AC\sexual misconduct\AC-Reese.doc FEB-17-2618 12:25 AHCA Feb be 2010 BN P.aS 9, Section 464.018(1)(0), Florida Statutes (2008), provides violating any provision of chapter 464 or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline. 10. Section 456.072(1)(v), Florida Statutes (2008), provides engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1) constitutes grounds for discipline by the Board of Nursing. 11, Section 456.063(1), Florida Statutes (2008) provides that sexual misconduct in the practice of a health care profession means violation. of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited and constitutes grounds for discipline by the Board of Nursing. 12. Respondent used his relationship built with S.T. through her patient care to engage or attempt to engage in a sexual relationship. DOH v. John 6. Reese, C.N.A. -3- Case No. 2008-26569 J:\PSU\Nursing\Maja $. Holman\CNAs\AC\sexual misconduct\AC-Reese.doc FEB-17-2818 12:23 AHCA Feb be ato SS P86 13. Respondent engaged in or attempted to engage S.T., a resident and patient, in inappropriate sexual activity by kissing and hugging on her and/or asking her to make Jove with him. 14. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2008) by violating any provision of Chapter 464, Chapter 456, or the rules adopted by the board by intentionally violating Section 464.018(1)(0), Florida Statutes, violating any provision of chapter 464 or chapter 456, or any rules adopted pursuant to Section 456.072(1)(v), Florida Statutes (2008), engaging or atternpting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2008), sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health caré profession. DOH v. John B. Reese, CNA. -4- Case No, 2008-26569 J:\PSU\Nursing\Maja 5. Hoiman\CNAs\AC\sexual misconduct\AC-Reese.dac Feb 1? 2010 11:35 FEB-1?-2618 12:24 AHCA Pa? WHEREFORE, 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 or any other relief that the Board deems appropriate. aa SIGNED this os day of / 2009. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General, DEPARTMENT OF HEALTH Departinent of Health DEPUTY CLER CLERK: qebe \ DATE Ga! [04 & Maja S. Holma Assistant Genéral Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0674648 (850) 245-4640 (850) 245-4683 FAX PCP: August 20, 2009 PCP Members: B. Kemp & M.K. Habgood /MSH DOH v. John B. Reese, C.N.A. -5- Case No, 2008-26569 7:\PSU\Nursing\Maja S. Holman\CNAs\AC\séxual miscanduct\AC-Reese.dac Feb : FEB-17-2018 12:24 AHCA eb te ano se PAA 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. DOH v. John B. Reese, C.N.A., Case No. 2008-26569 DOH v. John B. Reese, CNA. -6- Case No. 2008-26569 7:\PSU\Nursing\Maja 5. Halman\CNAs\AC\sexual misconduct\AC-Reese.dac

Docket for Case No: 10-000851PL