Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: EMILEE NOELLE NELSON, C.N.A.
Judges: E. GARY EARLY
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Jan. 24, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 22, 2017.
Latest Update: Nov. 20, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2016-22301
EMILEE NOELLE NELSON, C.N.A.,
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, Emilee Noelle Nelson, C.N.A., and in
support thereof alleges:
1. Petitioner is the state agency charged with regulating the
practice of nursing assistance 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 certified nursing assistant (C.N.A.) within the state of
Florida, having been issued license number CNA 298678.
3. Respondent is licensed pursuant to Chapter 464, Florida
Statutes, and is a health care practitioner as defined in Section 456.001(4),
Florida Statutes (2016).
4. Respondent’s address of record is 8206 Verdura Street,
Navarre, Florida 32566.
5. Respondent may also be found at Santa Rosa County Jail, c/o
Emilee Noelle Nelson, DC#: P57541, P.O. Box 7129, Milton, Florida 32572.
6. Onor about October 13, 2016, in the First Judicial Circuit Court,
in and for Santa Rosa County, Florida, Respondent pled nolo contendere to
one count of Grand Theft ($300 Or More But Less Than $5,000), a third-
degree felony violation of Section 812.014(2)(c)(1), Florida Statutes; and
to one count of Possession of a Controlled Substance Without a
Prescription, a third-degree felony violation of Section 893.13(6)(a), Florida
Statutes.
7. Section 464.204(1)(b), Florida Statutes (2016), provides that
intentionally violating any provision of chapter 464, chapter 456, or the
rules adopted by the board constitutes grounds for which the board may
impose disciplinary sanctions.
Department of Health v. Emilee Noelle Nelson, C.N.A. 2
Case No, 2016-22301
8. Section 464.018(1)(e), Florida Statutes (2016), subjects a
licensee to disciplinary action for 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 similar statute of another jurisdiction;
or having committed an act which constitutes domestic violence as defined
in Section 741.28.
9. Section 435.04(2)(cc), Florida Statutes (2016), prohibits
violations of Chapter 812, relating to theft, robbery, and related crimes, if
the offense is a felony.
10. Section 435.04(2)(ss), Florida Statues (2016), prohibits
offenses under 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.
11. As set forth above, Respondent is licensed pursuant to Chapter
464, Florida Statutes, and on or about October 13, 2016, Respondent pled
nolo contendere to felony violations of Chapters 812 and 893, Florida
Statutes.
12. Based on the foregoing, Respondent violated Section
464.204(1)(b), Florida Statutes (2016), intentionally violating any provision
Department of Health v. Emilee Noelle Nelson, C.N.A. 3
Case No. 2016-22301
of chapter 464, chapter 456, or the rules adopted by the board, by
intentionally violating Section 464.018(1)(e), Florida Statutes (2016), 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
or similar statute of another jurisdiction; such as Section 435.04(2)(cc),
Florida Statutes (2016), relating to theft, robbery, and related crimes, if the
offense is a felony, and Section 435.04(2)(ss), Florida Statues (2016),
relating to drug abuse prevention and control.
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.
[This Space Left Intentionally Blank]
Department of Health v. Emilee Noelle Nelson, C.N.A. 4
Case No. 2016-22301
SIGNED this [3 day of Decembe ¢ _, 2016.
Celeste Philip, M.D., M.P.H.
Surgeon General and Secretary
Justin D. Chang :
Assistant General Counsel
FILED Florida Bar No. 98905
DEPARTMENT OF HEALTH Florida Department of Health
DEPUTY CLERK Office of the General Counsel
CLERK: role fheonarcl, 4052 Bald Cypress Way, Bin C-65
1a: | cf { Tallahassee, FL 32399-3265
DATE : Telephone: (850) 245-4640 ext. 8108
Facsimile: (850) 245-4662
Email: justin.chang@flhealth.gov
/IDC
PCP Date: 12.713 /20lo
PCP Members: 1 jew pron, 5 Coarhon
Department of Health v. Emilee Noelle Nelson, C.N.A.
Case No. 2016-22301
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. Emilee Noelle Nelson, C.N.A. 6
Case No. 2016-22301
Docket for Case No: 17-000565PL
Issue Date |
Proceedings |
Feb. 27, 2017 |
Undeliverable envelope returned from the Post Office.
|
Feb. 22, 2017 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Feb. 21, 2017 |
Motion to Relinquish Jurisdiction filed.
|
Feb. 21, 2017 |
Undeliverable envelope returned from the Post Office.
|
Feb. 08, 2017 |
Undeliverable envelope returned from the Post Office.
|
Feb. 03, 2017 |
Amended Notice of Hearing (hearing set for March 23, 2017; 9:00 a.m.; Tallahassee, FL; amended as to Time).
|
Feb. 03, 2017 |
Order of Pre-hearing Instructions.
|
Feb. 03, 2017 |
Notice of Hearing (hearing set for March 23, 2017; 9:00 a.m.; Tallahassee, FL).
|
Feb. 01, 2017 |
Joint Response to Initial Order filed.
|
Jan. 30, 2017 |
Notice of Appearance (Judson Searcy) filed.
|
Jan. 26, 2017 |
Notice of Serving Petitioner's First Request for Admissions, First Request for Production, and First Set of Interrogatories filed.
|
Jan. 25, 2017 |
Initial Order.
|
Jan. 24, 2017 |
Request for Administrative Hearing filed.
|
Jan. 24, 2017 |
Administrative Complaint filed.
|
Jan. 24, 2017 |
Agency referral filed.
|