STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2010-12311 JANE’ MILTON, C.N.A. RESPONDENT. / 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, Jane’ Milton, C.N.A., and in support thereof alleges: 1. Petitioner is the state agency 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 Nurse Assistant (C.N.A.) within the state of Florida, having been issued license number 192599. Filed December 14, 2011 1:02 PM Division of Administrative Hearings 3. Respondent’s address of record is 741 Post Lake Place 103, Apopka, Florida 32703. Respondent's last known address is 2895 Parkview Court, Deltona, Florida 32758. 4. All times material to this complaint, Respondent was employed at Longwood Health Care Center “LHCC” located in Longwood, Florida. 5. On or about June 5, 2010, Respondent was working at LHCC. 6. During her shift Respondent was assisting a licensed practical nurse (LPN) with caring for multiple patients. 7. On or about June 5, 2010, the LPN asked the Respondent if she knew any tricks to help patient ME, an 86 year old resident suffering from dementia at LHCC, take her medication. 8. On or about June 5, 2010, the LPN told Respondent ME had been refusing to take her medication all day. 9. On or about June 5, 2010, Respondent went over to ME grabbed her forcefully by both hands pushing them down into her lap and began telling ME to her open her mouth so that she could take her medication. DOR v. Jane’ Milton, CNA -2- Case Number: 2010-12311 JAPSU\Nursing\Maja S. Holman\CNAs\AC\Un\WJane Milton\Abusive.doc 10. On or about June 5, 2010, ME began to fight back against Respondent trying to get her to let go. The LPN told her to “forget it” . 11. Onor about June 5, 2010, ME suffered bruising on her hands. 12. Section 464.204(1)(b), Florida Statutes (2009), provides that a C.N.A. who intentionally violates any provision of this chapter, Chapter 456 or the rules adopted by the Board constitutes grounds for discipline by the Board of Nursing. 13. Section 464.018(1)(h), Florida Statutes (2009) provides that unprofessional conduct, as defined by board rule constitutes grounds for discipline by the Board of Nursing. 14. Rule 64B9-8.005(14), Florida Administrative Code defines unprofessional conduct to include using force against a patient, striking a patient, or throwing objects at a patient. 15. Respondent acted unprofessionally by using force against ME in the following manner(s): a. by pushing her hands into her lap; and b. by trying to make her open her mouth. DOH v. Jane’ Mitton, CNA -3- Case Number: 2010-12311 JAPSU\Nursing\Maja S. Holman\CNAs\AC\Un\Jane Mikton\Abusive.doc 16. Based on the foregoing, Respondent is in violation of Section 464.204(1)(b), Florida Statutes (2009), for intentionally violating any provision of Chapter 464, Chapter 456, or the rules adopted by the board by intentionally violating Section 464.018(1)(h), Florida Statutes (2009) provides that unprofessional conduct, as defined by board Rule 64B9- 8.005(14), Florida Administrative Code, using force against a patient, striking a patient, or throwing objects at 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 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. DOH v. Jane’ Milton, CNA ~4- Case Number: 2010-12311 J:\PSU\Nursing\Maja S. Holman\CNAs\AC\UnWane Milton\Abusive.doc wel SIGNED this ow day of State Surgeon General, Department of Health M4 ja S. Holman ED Assistant General Counsel OEE ENT Oe DOH Prosecution Services Unit CLERK Angel Sanders 4052 Bald Cypress Way, Bin C-65 DATE FEB 23 201 Tallahassee, FL 32399-3265 Florida Bar # 0674648 (850) 245-4640 Telephone (850) 245-4683 Facsimile PCP: February 17, 2011 PCP Members: N. Breen & B. Kemp /MSH NOTICE OF RIGHTS DOH v. Jane’ Milton, CNA Case Number: 2010-12311 JAPSU\Nursing\Maja S. Hoiman\CNAs\AC\Un\WJane Milton\Abusive.doc 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. JANE’ MILTON, C.N.A. CASE NO. 2010-12311 DOH v. Jane’ Milton, CNA -6- Case Number: 2010-12311 JAPSU\Nursing\Maja S. Holman\CNAs\AC\UnWane Milton\Abusive.doc

Docket for Case No: 11-006399PL