STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | a | PETITIONER, | v. . a ~ CASE NO. 2018-26874 LUIS MANUEL VALDES, L.P.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Luis Manuel Valdes, 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 5163313. 3. | Respondent's address of record is 5704 S.W. 139 Place, Miami, FL 33183. 4. Petitioner has reason to believe Respondent may be located at 11041 N. Snapper Creek Dr, Miami, FL 33173. 5. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2018). 6. Onor about May 16, 2019, in the Eleventh Judicial Circuit Court, in and for Miami-Dade County, Florida, Respondent entered a plea of guilty to one felony count of Battery/Domestic/By Strangulation, in violation of Section 784.041(2)(a), Florida Statutes. 7. Respondent failed to report the May 16, 2019, conviction to the Board, in writing, within thirty (30) days. COUNT TI: Violation of Section 464,018(1)(e), F.S. (2018 8. Petitioner realleges and incorporates by reference paragraphs one (1) through six (6) as if fully set forth herein. 9. Section 464.018(1)(e), Florida Statutes (2018), subjects a licensee to discipline for having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense DOH v. Luls Manuel Valdes, L.P.N.; Case No. 2018-26874 2 of 6 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. 10. Section 435.04(2)(i), Florida Statutes (2018), prohibits any offense prohibited under Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony. 11. As set forth above, on or about May 16, 2019, in the Eleventh Judicial Circuit Court, in and for Miami-Dade County, Florida, Respondent entered a plea of guilty to one felony count of Battery/Domestic/By Strangulation, in violation of Section 784.041(2)(a), Florida Statutes. 12. Based on the foregoing, Respondent has violated Section 464.018(1)(e), Florida Statutes (2018), 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. COUNT II: Violation of Section 456.072(1)(x), F.S. (2018) 13. Petitioner realleges and incorporates by reference paragraphs one (1) through seven (7) as if fully set forth herein. DOH v. Luis Manuel Valdes, L.P.N.; Case No. 2018-26874 3 0f6 14. Section 456.072(1)(x), Florida Statutes (2018), subjects a licensee to discipline for 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. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this paragraph must be reported in writing to the board, or department if there is no board, on or before October 1, 1999. 15. Asset forth above, Respondent failed to report the May 16, 2019, conviction to the Board, in writing, within 30 days. 16. Based on the foregoing, Respondent has violated Section 456.072(1)(x), Florida Statutes (2018), 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. 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, DOH v. Luis Manuel Valdes, L.P.N.; Case No, 2018-26874 4of6 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 6 —_ day of November , 2019. Scott A. Rivkees, MD State Surgeon General FILED hay DEPARTMENT OF HEALTH Barbara L. Davis DEPUTY CLERK Assistant General Counsel CLERK: Qtr Morus Florida Bar Number: 94252 pate: __NoV.0.8 2019 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (P): (850) 558-9831 (F): (850) 245-4662 (E): Barbara.Davis@fihealth.gov PCP: November 7, 2019 PCP Members: Rita Munoz, LPN and Fran Paschall, DNP, RN DOH v. Luis Manuel Valdes, L.P.N.; Case No, 2018-26874 5of6é 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 cr contest the material facts or charges contained in the Administrative Complaint must conform to Ruie 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), Fiorida 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. DOH v. Luis Manuel Vaides, L.P.N.; Case No. 2018-26874 . 6 of 6

Docket for Case No: 19-006613PL