Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: ELLIOTT FISHER, L.P.N.
Judges: E. GARY EARLY
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Apr. 10, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 26, 2018.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER, ©
v. CASE NO. 2017-05308
ELLIOTT FISHER, 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, Elliott Fisher, 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 5171665.
3. Respondent's address of record is 547 East Quail Avenue, Apache
Junction, Arizona 85119.
4. The Arizona State Board of Nursing is the licensing authority for
licensed practical nurses in the state of Arizona.
5. Onor about March 24, 2017, the Arizona State Board of Nursing
entered an Order revoking Respondent’s Arizona licensed practical nurse
license. |
6. Section 464.018(1)(b), Florida Statutes (2016), provides that
having a license to practice nursing revoked, suspended, or otherwise acted
against, including the denial of licensure, by the licensing authority of
another state, territory, or country, constitutes grounds for disciplinary
action.
7. As set forth above, Respondent had a license to practice nursing
revoked, suspended, or otherwise acted against, by the licensing authority
of another state, territory, or country, when the Arizona State Board of
Nursing entered an Order revoking Respondent's Arizona licensed practical
nurse license, on or about March 24, 2017.
8. Based on the foregoing, Respondent violated Section
464.018(1)(b), Florida Statutes (2016), by having a license to practice
Department of Health v. “Blot Fisher, L.P.N,
Case Number 2017-05308
nursing revoked, suspended, or otherwise acted against, including the denial
of licensure, by the licensing authority of another state, territory, or country.
[Remainder of page intentionally left blank|
Department of Health v. Elliott Fisher, L.P.N.
Case Number 2017-05308
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 18th day of December _, 2017.
PCP: 12/15/17
PCP Members: Stone-Gale, Gordon CLERK
Celeste Philip, MD, MPH
State Surgeon General and Secretary
—fs/ Logan A, White
LOGAN A. WHITE :
Assistant General Counsel
Fla. Bar No. 112281
Florida Department of Health
Prosecution Services Unit
4052 Bald Cypress Way, Bin #C65
Tallahassee, FL 32399-3265
Telephone: (850) 558-9913
Facsimile: (850) 245-4662
Email: logan.white@flhealth.gov
DEPARTMENT O
ENT OF HEA‘
DEPUTY CLERK NTH
DATE DEC Y 8 OON7
Department of Health v. Elliott Fisher, L.P.N.
Case Number 2017-05308
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. Elliott Fisher, L.P.N.
Case Number 2017-05308
Docket for Case No: 18-001864PL
Issue Date |
Proceedings |
Apr. 26, 2018 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Apr. 26, 2018 |
Petitioner's Response to Order to Show Cause filed.
|
Apr. 11, 2018 |
Order to Show Cause.
|
Apr. 11, 2018 |
Notice of Serving Petitioner's First Request for Admissions, First Request for Production of Documents and Things, and First Set of Interrogatories filed.
|
Apr. 11, 2018 |
Initial Order.
|
Apr. 10, 2018 |
Election of Rights filed.
|
Apr. 10, 2018 |
Administrative Complaint filed.
|
Apr. 10, 2018 |
Agency referral filed.
|