STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2015-28809 CHRISTINE NICOLE FAUST, L.P.N., 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, Christine Nicole Faust, L.P.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 licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 5212197, 3. | Respondent’s address of record is 210 Ramsbury Court, Longwood, Florida 32779. 4. Respondent may be found at 965 Biarritz Drive, Apartment 6, Miami, Florida 33414 or 9555 Blind Pass Road, Saint Petersburg Beach, Florida 33706. 5. On or about February 17, 2016, in the Circuit Court in and for Pinellas County, Florida, Respondent entered pleas of guilty to one count of Possession of Amphetamine, a third-degree felony violation of Section 893.13(6)(a), Florida Statutes (2015); one count of Possession of Marijuana, a misdemeanor; and one count of Driving Under the Influence, a misdemeanor. 6. Possession of Amphetamine, Possession of Marijuana, and Driving Under the Influence are crimes which relate to the practice of, or ability to practice, licensee’s profession; nursing. 7. Respondent failed to report to the Board, in writing, within thirty days of entering the pleas of guilty. COUNT I 8. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. nm Department of Health v, Chiristine Nicole Faust, L.P.N Case Number 2015-28809 9. Section 456.072(1)(c), Florida Statutes (2015), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession, constitutes grounds for disciplinary action. 10. As set forth above, on or about February 17, 2016, Respondent entered pleas of guilty to one count of Possession of Amphetamine, one count of Possession of Marijuana, and one count of Driving Under the Influence, all crimes which relate to the practice of, or ability to practice, licensee's profession; nursing. 11. Based on the foregoing, Respondent violated Section 456.072(1)(c), Florida Statutes (2015), for being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. COUNT II 12. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. Department of Health v. Christine Nicole Faust, L.P.N Case Number 2015-28809 13. Section 464.018(1)(e), Florida Statutes (2015), provides that having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under Section 435.04 or under any similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in Section 741.28, constitutes grounds for disciplinary action. 14. Section 435.04(2)(ss), Florida Statutes (2015), lists violations of Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor. 15. As set forth above, on or about November 18, 2015, Respondent entered a plea of guilty to one count of Possession of Amphetamine, a third- degree felony violation of Section 893.13(6)(a), Florida Statutes (2015). 16. Based on the foregoing, Respondent violated Section 464.018(1)(e), Florida Statutes (2015), by having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under Section 435.04, which prohibits violations of Chapter 893, relating to drug abuse prevention and control, only if the Department of Health v. Christine Nicole Faust, L.P.N. Case Number 2015-28809 offense was a felony or if any other person involved in the offense was a minor. COUNT IIT 17. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. 18. Section 456.072(1)(x), Florida Statutes (2015), 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. 19. Asset forth above, Respondent failed to report entering pleas of guilty to the crimes of Possession of Amphetamine, Possession of Marijuana, and Driving Under the Influence, to the Board of Nursing in writing within thirty days after Respondent entered the pleas. 20. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2015), 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. Department of Health v. Christine Nicole Faust, LPN Case Number 2015 28809 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 26 f_ day of _\ \u!4 , 2016. Celeste Philip, MD, MPH Ae Suygeon General and Secretary of Health ee I in oe gale - JUDSON SEARCY / Assistant General Counsel Fla, Bar No. 98772 FILED Florida Department of Health DEPARTMENT OF HEALTH Prosecution Services Unit DEPUTY CLERK 4052 Bald Cypress Way, Bin #C65 . Tallahassee, FL 32399-3265 RK: 7 CLE purota. fernarc Telephone: (850) 245-4444 ex. 8100 pate (July 26, DLC Facsimile: (850) 245-4683 Email: judson.searcy@flhealth.gov PCP: 07/26/2016 PCP Members: Claydell Horne & Lori Desmond Department of Health v. Christine Nicole Faust, L.P.N 6 Case Number 2015-28809 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 Heallh v. Christine Nicole Faust, PN Case Number 2015 28809

Docket for Case No: 16-005867PL