STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2013-01934 STEVEN D. BARTLEY, L.P.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Nursing against Respondent, Steven D. Bartley, L.P.N., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Chapters 20.43, Florida Statutes (2012); Chapter 456, Florida Statutes (2012); and Chapter 464, Florida Statutes (2012). 2. At all times material to this Complaint, Respondent was licensed to practice nursing within the State of Florida, having been issued license number PN 5161844, 3. _Respondent’s address of record is 12383 First Street, Apartment A, Fort Myers, Florida 33905. 4. At all times material to this Complaint, Respondent was employed as a licensed practical nurse at Lee Memorial Health System (LMHS). 5. On or about October 17, 2012, Mr. M.L.W. was hospitalized at LMHS for treatment of a diabetic foot ulcer. 6. Respondent aided in M.L.W.’s care from approximately 7:00 a.m. until M.L.W.’s discharge at approximately 4:00 p.m. 7. During M.L.W.‘s hospitalization, Respondent rubbed and/or touched M.L.W.’s genitals and/or M.L.W.’s penis. 8. On or about June 11, 2013, Respondent underwent a Department-ordered evaluation with Dr. S.P., a Diplomate with the American Board of Psychiatry and Neurology. 9. Dr. S.P. diagnosed Respondent with impulse-control disorder, not otherwise specified and serious impairment in occupational function. 10. Dr. S.P. opined that Respondent is not safe to practice nursing with reasonable skill and/or safety to patients. DOH v, Steven D. Bartley, L.P.N. 2 DOH Case Number 2013-01934 COUNT I 11. Petitioner realleges and incorporates by reference the allegations in paragraphs one through ten, as if fully set forth herein. 12. Section 464.018(1)(j), Florida Statutes (2012), subjects a licensed practical nurse to discipline for “[bJeing unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics or chemicals or any other type of material or as a result of any mental or physical condition.” 13. Respondent violated Section 464.018(1)(j), Florida Statutes (2012), by being unable to practice nursing with reasonable skill and safety to patients as a result of his mental condition. 14. Based on the foregoing, Respondent violated Section 464.018(1)(j), Florida Statutes (2012), by being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics or chemicals or any other type of material or as a result of any mental or physical condition. COUNT It 15. Petitioner realleges and incorporates by reference the allegations in paragraphs one through ten, as if fully set forth herein. DOH v. Steven D, Bartley, L.P.N. 3 DOH Case Number 2013-01934 16. Section 464.018(1)(o), Florida Statutes (2012), subjects a licensed practical nurse to discipline for violating any provision of Chapter 464, Florida Statutes. 17. Section 464.017, Florida Statutes (2012), defines sexual misconduct in the practice of nursing as: [a] violation of the nurse-patient relationship through which the nurse uses said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. Section 464.017, Florida Statutes (2012), prohibits sexual misconduct in the practice of nursing. 18. Respondent violated Section 464.018(1)(0), Florida Statutes (2012), by violating Section 464.017, Florida Statutes (2012), by committing sexual misconduct by touching M.L.W.'s genitals and/or penis, outside of the scope of the practice of nursing. 19. Based on the foregoing, Respondent violated Section 464.018(1)(0), Florida Statutes (2012), by violating Section 464.017, Florida Statutes (2012), by violating the nurse-patient relationship by using the relationship to engage or attempt to engage M.L.W. in sexual activity DOH v. Steven D. Bartley, L.P.N. 4 DOH Case Number 2013-01934 outside the scope of the practice or the scope of generally accepted examination or treatment of the patient, M.L.W. 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 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 | qin day of August, 2013. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health Louise Wilhite-St Laurent Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 0091244 Phone (850) 245-4444 x 8331 Fax (850) 245-4662 Louise_StLaurent@doh.state.fl.us DOH v. Steven D. Bartley, L.P.N. 5 DOH Case Number 2013-01934 PCP: August 16, 2013 PCP Members: Mary K. Habgood, R.N. Dr. Linda Horton DOH v. Steven D. Bartley, L.P.N. DOH Case Number 2013-01934 FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders pate AUG 19 208 NOTICE OF RIGHTS Respondent has the right to request or petition for an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes. Respondent has the right to be represented by counsel or other qualified representative. Administrative hearings are governed by Rule 28-106, Florida Administrative Code. A request or petition for an administrative hearing must be in writing and must be received by the Agency Clerk within twenty-one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter 28-106.2015(5), Florida Administrative Code and must be sent to the Department at the following address: Department of Health Prosecution Services Unit Attention: Louise Wilhite-St Laurent, Esquire 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3256 Mediation is not available as an alternative remedy. Your failure to submit a petition or request for a formal hearing (Election of Rights) within 21 days from receipt of this Administrative Complaint will constitute a waiver of your right to a hearing, and this complaint will thereby become a final order of the Department. DOH v. Steven D. Bartley, L.P.N. DOH Case Number 2013-01934

Docket for Case No: 13-004249PL