STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, . v. CASE NO, 2015-23162 PAUL V. GHIGLIOTTI, L.P.N. | RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Paul V. Ghigliotti, L.P.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 Administrative Complaint, Respondent was a licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number 981221. 3. Respondent’s address of record is 5100 68" Street North, Saint Petersburg, Florida, 33709, | 4. Onor about June 25, 2007, in the Sixth Judicial Circuit Court, in and for Pinellas County, Florida, Respondent entered a plea of nolo contendere to one count of Petit Theft, a misderneanor, in violation of Section 812.014, Florida Statutes. 5. On or about “March 5, 2014, Respondent submitted an Application for Employment (Application) to Eagle Lake Rehab.and Care Center, located in St. Petersburg, Florida. 6. On Respondent's Application, under the Section labelled Attestation of Good Moral Character, Respondent responded answered no to the question “Have you ever been convicted, or found guilty of, or . entered:a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which resulted in misdemeanor ora felony? (Does not pertain to traffic violations,” | . 7. Section 464.018(1)(h), Florida Statutes (2013), provides that unprofessional conduct as defined by board rule, constitutes grounds for disciplinary action. Department of Health v, Paul V, Ghigliottl, L.P.N. : . . 2 Case No. 2015-23162 : 8. Rule 64B9-8.005(6), Florida Administrative Code, defines unprofessional conduct to include falsifying or altering of patient records or . nursing progress records, employment applications or time records. 9. As set forth above, on or about March 5, 2014, Respondent engaged in unprofessional conduct by answering “no” to the question “have you ever been convicted, or found guilty of, or entered a plea officio. contendere to, regardless of adjudication, a crime in any jurisdiction which resulted in misdemeanor or a felony? (Does not pertain to traffic violations).” 10. Based on: the foregoing, Respondent violated Section 464.018(1)(h), Florida Statutes (2013), by engaging in unprofessional conduct as defined by Rule 64B9-8.005(6), Florida Administrative Code, to include falsifying or altering of patient records or nursing progress records, employment applications or time records. . [This space intentionally left blank,] Department of Health v. Paul V. Ghigliottl, L.P.N. 3 Case No. 2015-23162 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 22 day of _FeAyfun 2016. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health DEP, PEED sam 4052 Bald Cypress Way, Bin C-65 , EPUTY CLERK Tallahassee, Florida 32399-3265 CLERK: Florida Bar Number 0028242 Telephone: (850) 245 - 4444 " FEB 2 8 2016 Facsimile: (850) 245 - 4662 —_——— E-mail: Jenna.Partin@flhealth.gov /3DP PCP: February 23, 2016 PCP Members: Colin (Chair) and Hubbard Case No, 2015-23162 ~ Department of Health v. Paul V. Ghigliotti, L.P.N. 4 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day -Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts | alleged in this Administrative Complaint pursuant to Rule 28- 106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. . 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 shail 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. Department of Health v. Paul V. Ghigllott, L.P.N. 5 Case No. 2015-23162

Docket for Case No: 16-002073PL