STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO.; 2011-09127 DANIEL S. WHITE, C.N.A., RESPONDENT. / — ADMINISTRATIVE COMPLAINT The Petitioner, Department of Health, by and through the undersigned counsel, files this Administrative Complaint before the Board of Nursing (Board) against the Respondent, Daniel S. White, C.N.A., and in support alleges: 1. The Petitioner is the state department charged with regulating the practice of certified nursing assistants (C.N.A.) pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. Page 1 of 7 Filed August 31, 2011 2:47 PM Division of Administrative Hearings 2. At all times material to this Administrative Complaint, the Respondent was a C.N.A. within the state of Florida, having been issued license number CNA 143422. 3. The Respondent's address of record is 2464 Princeton Road, Deland, Florida 32724. 4. On or about May 29, 2011, the Respondent was employed as a CNA at University Center East, a long-term care facility. 5. On or about May 29, 2011, A.L., a 64 year old man, was a patient of University Center East. A.L. was unable to move the right side of his body; was unable to speak; and was bedridden. 6. Onor about May 29, 2011, A.L. soiled himself. 7, On or about May 29, 2011, the Respondent struck A.L. on the face. 8. On or about May 29, 2011, the Respondent made one or more of the following statements in A.L.’s presence: a. referring to A.L., “[t]his fucking guy pisses me off;” b, referring to A.L., “[hJe knows damn better;” c. the Respondent hoped that all the residents die; d. the residents of the facility were “retards.” Page 2 of 7 9, The statements described in paragraph eight are abusive, threatening and/or use foul language. COUNT ONE 10. The Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 11. Section 464.204(1)(b), Florida Statutes (2010), makes it a violation of the Nurse Practice Act for a C.N.A. to intentionally violate any provision of Chapter 464, Chapter 456, or the rules adopted by the Board. 12. Section 464.018(1)(h), Florida Statutes (2010), provides that unprofessional conduct constitutes grounds for discipline of a licensee by the Board. 13. Rule 64B9-8.005(14), Florida Administrative Code, provides that unprofessional conduct includes using force against a patient, striking a patient, or throwing objects at a patient. 14. On or about May 29, 2011, the Respondent struck patient A.L. 15. Based on the foregoing, the Respondent violated Section 464.204({1)(b), Florida Statutes (2010), by intentionally violating Section 464.018(1)(h), Florida Statutes (2010), by engaging in unprofessional Page 3 of 7 conduct, as defined by Rule 64B9-8.005(14), Florida Administrative Code which proscribes striking a patient. COUNT TWO 16. The Petitioner realleges and incorporates paragraphs one (1) through six (6), and paragraphs eight (8) through nine (9) as if fully set ‘forth herein. 17. Section 464.204(1)(b), Florida Statutes (2010), makes it a violation of the Nurse Practice Act for a C.N.A. to intentionally violate any provision of Chapter 464, Chapter 456, or the rules adopted by the Board. 18. Section 464.018(1)(h), Florida Statutes (2010), provides that unprofessional conduct constitutes grounds for discipline of a licensee by the Board. 19. Rule 64B9-8.005(15), Florida Administrative Code, states that unprofessional conduct includes using abusive, threatening, or foul language in front of a patient or directing such language toward a patient. 20. On or about May 29, 2011, the Respondent engaged in unprofessional conduct by making one or more of the following statements in A.L.’s presence: a. referring to A.L., “[t]his fucking guy pisses me off;” Page 4 of 7 b. referring to A.L., “[h]Je knows damn better;” c. the Respondent hoped that all the residents die; d. the residents of the facility were “retards.” 21. These statements are abusive, threatening and/or use foul language. 22. Based on the foregoing, the Respondent violated Section 464.204(1)(b), Florida Statutes (2010), by intentionally violating Section 464.018(1)(h), Florida Statutes (2010), by violating Rule 64B9-8,005(15), Florida Administrative Code, which proscribes using abusive, threatening, or foul language in front of a patient or by directing such language toward a patient. 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 Page 5 of 7 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this pq day of Guba , 2011. H. Frank Farmer, M.D., Ph.D. State Surgeon General Grace Kim Assistant General Counsel DOH Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 DEPUTY CLERK Tallahassee, Florida 32399-3265 pare, UES Pa SO” Florida Bar Number 31096 (850) 245 -4640 Telephone (850) 245 —4681 Facsimile /9k PCP: Newla. Prebablr. Cause Panek. "J-|y-I/ PCP Members: Laviagne, Kirkpatrick & Patrica. Dittman, Page 6 of 7 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. Page 7 of 7

Docket for Case No: 11-004434PL