Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: BETTE SANDLER, R.N.
Judges: W. DAVID WATKINS
Agency: Department of Health
Locations: Deland, Florida
Filed: Jul. 16, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 5, 2019.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NO. 2017-14929
BETTE J. SANDLER, R.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, Bette J. Sandler, R.N., and in
support thereof alleges:
1. Petitioner is the state agency charged with regulating the
practice of practical 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 licensed within the state of Florida and
was issued license number RN 1062952.
3. Respondent's address of record is P.O. Box 530347, Debary,
Florida 32753.
4. Respondent may be located at 5514 Edgewater Avenue,
Orlando, Florida 32810.
5. On or about May 31, 2018, the Department received
confirmation that Respondent defaulted on a student loan provided by the
state or federal government on or about July 14, 2016.
6. Section 456.072(1)(k), Florida Statutes (2018), provides that
failing to repay a student loan issued or guaranteed by the state or the
Federal Government in accordance with the terms of the loan or failing to
comply with service scholarship obligations shall be considered a failure to
perform a statutory or legal obligation, and the minimum disciplinary action
imposed shall be a suspension of the license until new payment terms are
agreed upon or the scholarship obligation is resumed, followed by
probation for the duration of the student loan or remaining scholarship
obligation period, and a fine equal to 10 percent of the defaulted loan
amount.
Department of Health v. Bette J. Sandler, RN 2
Case No, 2017-14929
7. As set forth above, Respondent failed to perform a statutory or
legal obligation when she defaulted on a student loan provided by the state
or federal government on or about July 14, 2016.
8. Based on the foregoing, Respondent has violated Section
456.072(1)(k), Florida Statutes (2018), by failing to perform any statutory
or legal obligation placed upon a licensee.
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.
[Signature page follows. ]
Department of Health v. Bette J. Sandler, RN 3
Case No. 2017-14929
SIGNED this
FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK
CLERK: Maus
pate:___ APR 2.3 2019
/ALP
PCP: 4/23/19
23rd
[t/ Aun L. Prescott
Ann L. Prescott
Assistant General Counsel
Fla. Bar No. 0092974
Florida Department of Health
Office of the General Counsel
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Telephone: (850) 558-9886
Facsimile: (850) 245-4662
Email: Ann.Prescott@flhealth.gov
PCP Members: Dr. McDonough (chair) & Dr. Glymph
Department of Health v. Bette J. Sandier, RN
Case No, 2017-14929
day of April , 2019.
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. Bette J. Sandler, RN
Case No. 2017-14929
Docket for Case No: 19-003731PL
Issue Date |
Proceedings |
Nov. 05, 2019 |
CASE STATUS: Hearing Held. |
Nov. 05, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Nov. 04, 2019 |
Letter from Bette Sandler filed.
|
Oct. 31, 2019 |
Order Denying Motion to Dismiss.
|
Oct. 31, 2019 |
Order Denying Motion to Reconsider the Notice of Hearing.
|
Oct. 31, 2019 |
Order Denying Motion to Deem Admissions Admitted and to Relinquish Jurisdiction.
|
Oct. 30, 2019 |
Petitioner's Response to Respondent's Motion to Dismiss filed.
|
Oct. 24, 2019 |
Order Allowing Telephonic Appearance of Counsel and Testimony of Petitioner's Witnesses by Telephone.
|
Oct. 22, 2019 |
Motion to Dismiss filed.
|
Oct. 22, 2019 |
Petitioner's Motion to Reconsider the Notice of Hearing filed.
|
Oct. 17, 2019 |
Notice of Hearing (hearing set for November 5, 2019; 9:30 a.m.; Deland, FL).
|
Oct. 02, 2019 |
Unilateral Status Report and Request for Video Teleconference Hearing filed.
|
Sep. 30, 2019 |
Certificate of Non-Appearance filed.
|
Sep. 17, 2019 |
Notice of Taking Telephonic Deposition filed.
|
Sep. 03, 2019 |
Order Canceling Hearing and Requiring Status Report (parties to advise status by October 3, 2019).
|
Sep. 03, 2019 |
CASE STATUS: Pre-Hearing Conference Held. |
Aug. 30, 2019 |
Petitioner's Proposed Witnesses and Exhibits filed.
|
Aug. 29, 2019 |
Second Notice of Intent to Seek to Admit Records Pursuant to Section 90.803(6)(c), Florida Statutes filed.
|
Aug. 28, 2019 |
Order on Motion to Compel Respondent's Deposition.
|
Aug. 28, 2019 |
Notice of Telephonic Pre-hearing Conference (set for September 3, 2019; 1:00 p.m.).
|
Aug. 27, 2019 |
Petitioner's Motion to Compel Respondent's Deposition and Request for Status Hearing filed.
|
Aug. 27, 2019 |
Motion to Deem Admissions Admitted and to Relinquish Jurisdiction filed.
|
Aug. 26, 2019 |
Notice of Intent to Seek to Admit Records Pursuant to Section 90.803(6)(c), Florida Statutes filed.
|
Aug. 20, 2019 |
Notice of Taking Deposition of Witness in Lieu of Live Testimony filed.
|
Aug. 19, 2019 |
Notice of Taking Telephonic Deposition filed.
|
Aug. 13, 2019 |
Order of Pre-hearing Instructions.
|
Aug. 13, 2019 |
Notice of Hearing (hearing set for September 6, 2019; 9:30 a.m.; Deland, FL).
|
Aug. 07, 2019 |
Notice of Ex Parte Communication.
|
Jul. 25, 2019 |
Notice of Filing Petitioner's First Request for Admissions, Petitioner's First Set of Interrogatories, and First Request for Production filed.
|
Jul. 25, 2019 |
Amended Unilateral Response to Initial Order filed.
|
Jul. 25, 2019 |
Unilateral Response to Initial Order filed.
|
Jul. 24, 2019 |
Letter from Bette Sandler's partial response regarding site of proposed hearing (additional response to Initial Order forthcoming) filed.
|
Jul. 18, 2019 |
Initial Order.
|
Jul. 17, 2019 |
Notice of Appearance (Philip Crawford) filed.
|
Jul. 16, 2019 |
Administrative Complaint filed.
|
Jul. 16, 2019 |
Election of Rights filed.
|
Jul. 16, 2019 |
Agency referral filed.
|