STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITION ER,

v. CASE NO. 2009-24628

FRANCISCO L. PORTILLO, R.N.,

RESPONDENT.

I

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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, Francisco L. Portillo, R.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

   registered nurse (R.N.) within the state of Florida, having been issued license number RN 9254943.

3. Respondenfs address of record is 11437 SW 34th Lane, Miami,

   
   

   Florida 33165.

   
   

   Filed March 26, 2012 2:51 PM Division of Administrative Hearings

4. On or about January 13, 2011, in the United States District Court in and for the Miami Division of the Southern District of Florida, in case number 1:09-21018-CR, Respondent entered a plea of guilty to one count of conspiracy to commit health care fraud, in violation of Title 18

   u.s.c. s. 1349.

   
   

5. On or about January 13, 2011, in the United States District Court in and for the Miami Division of the Southern District of Florida, in case number 1:09-21018-CR, Respondent entered a plea of guilty to one count of false statement for use in application for payments by Medicare, in violation of Title 42 U.S.C. s. 1320a-7b(a)(2).

6. Respondent failed to report the aforementioned pleas to the Board of Nursing in writing within 30 days of entry of the court order.

   COUNT ONE

   
   

7. Petitioner realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein.

8. Section 456.072(1)(11), Florida Statutes (2010), provides that being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any

   
   

   DOH V. Francisco L. Portillo, R.N. 2

   Case No. 2009-24628

   jurisdiction which relates to health care fraud, constitutes grounds for disciplinary action.

9. Respondent is licensed pursuant to Chapter 464, Florida

   
   

   Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2010).

10. On or about January 13, 2011, in the United States District Court in and for the Miami Division of the Southern District of Florida, in case number 1:09-21018-CR, Respondent entered a plea of guilty to one count of conspiracy to commit health care fraud, in violation of Title 18

    u.s.c. s. 1349.

11. Based on the foregoing, Respondent violated Section 456.072(1)(11), Florida Statutes (2010), by being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.

    COUNT TWO

    
    

12. Petitioner realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein.

    
    

    DOH v. Francisco L. Portillo, R.N. 3

    case No. 2009-24628

13. Section 456.072(1)(x), Florida Statutes (2010), provides that failure to report to the board, or department, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for disciplinary action by the Board of Nursing.

14. As set forth above, Respondent failed to timely report that on or about December 7, 2010, she entered a plea of guilty to one count of conspiracy to commit health care fraud and to one count of false statement for use in application for payments by Medicare, in writing within 30 days of entry of the court order.

15. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2010), by failing to report to the board, or department, in writing within 30 days after the licensee had been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

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.

SIGNED this l3 day of S:cf7J::em ber, 2011.

H. Frank Farmer, Jr., MD, PhD, FACP

State Surgeon General

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FILED DEPARTMENT OF HEALTH

DEPUTY CLERK

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Angel Sanders

SEP 1 5 2m1

f-ssis ant General Cou el

D Prosecution Service nit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 580406 (850) 245 - 4640 Telephone

(850) 245 - 4683 Facsimile

09/13/2011

P.DITTMAN

L. KIRKPATRICK

DOH v. Francisco L. Portillo, R.N. 5

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 subpoenas and subpoenas 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. Francisco L Portillo, R.N. 6

Docket for Case No: 12-001110PL