(Page 1 of 6) STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, - PETITIONER, v. _ CASE NO. 2014-18092 JUDIMITH B. HERNANDEZ-CHANG, R.N., RESPONDENT. t 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, Judimith B. Hernandez-Chang, R.N., and in support thereof alleges: - 1. Petitioner is the state agency 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 registered nurse within the state of Florida, having been issued license number RN 9315400. (Page 2 of 6) 3. Respondent’s address of record is 13971 Southwest 22nd Street, Miami, Florida 33175. 4. On or about March 21, 2014, in the United States District Court, Southern District of Florida, Respondent entered a plea of guilty to Conspiracy to Commit Health Care Fraud, in violation of section 1349, Title i 18 of the United States Code. . | _.____.5,_ The_crime_Conspiracy_to.Commit_Health Care Fraud_is_a_crime—... _._|. which relates to health care fraud. 6. Respondent failed to report her plea of guilty to Conspiracy to Commit Health Care Fraud entered on or about March 21, 2014, to the Board, in writing, within 30 days. | COUNT I 7. Petitioner realleges and incorporates paragraphs one (1) through six (6), as if fully set forth herein. 8. Section 456.072(1)(II), Florida Statutes (2013), 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 jurisdiction which relates to health care fraud constitutes grounds for disciplinary action. Department of Health v. Judimith B. Hernandez-Chang, R.N. 2 Case Number 2014-18092 {Page 3 of 6) 9. As set forth above, on or about March 21, 2014, Respondent entered a plea of guilty to Conspiracy to Commit Health Care Fraud, which is a crime related to health care fraud. 10. Based on the foregoing, Respondent violated Section 456.072(1 (Il), Florida Statutes (2013), 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 II 11. Petitioner realleges and incorporates paragraphs one (1) through six (6), as if fully set forth herein. 12, Section 456.072(1)(x), Florida Statutes (2013), provides that failing to report to the board, or the department if there is no board, 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. 13. As set forth above, Respondent failed to report her plea of guilty to Conspiracy to Commit Health Care Fraud entered on or about Department of Health v. Judimith 8. Hernandez-Chang, R.N. ‘Case Number 2014-18092 (Page 4 of 6) March 21, 2014, to the Board, in writing, within 30 days. 14. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2013), by failing to report to the board, or the department if there is no board, 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. [REMAINDER OF INTENTIONALLY LEFT BLANK] Department of Health v. Judimith 8. Hernandez-Chang, R.N. Case Number 2014-18092 (Page 5 of 6) | Ly 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 | wnuu----Board.deems-appropriate : . ae | SIGNED this _ \&tn__ day of frovil , 2016. Celeste Philip, MD, MPH Interim State Surgeon General { NICOLE L. JORDAN L Assistant General Counsel Fla. Bar No. 106034 FILED Florida Department of Health Department Of Health Office of the General Counsel Deputy Clerk 4052 Bald Cypress Way, Bin #C65 DATS APR 9 2016 Tallahassee, FL 32399-3265 + seem ee ee Telephone: (850) 245-44444 Facsimile: (850) 245-4662 Email: nicole.jordan@flhealth.gov PCP: 4-14-l(9 PCP Members: Trybutski) Hubbard Department of Health v. Judimith B, Hernandez-Chang, R.N. Case Number 2034-18092 (Page 6 of 6) 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 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. Department of Health v. Judimith 8. Hernande2-Chang, R.N. 6 Case Number 2054-18092

Docket for Case No: 16-003863PL