STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-16785 JOSE JUAN CRUZ, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Respondent Jose Juan Cruz, R.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 (2019); Chapter 456, Florida Statutes (2019); and Chapter 464, Florida Statutes (2019). 2. At all times material to this Complaint, Respondent was licensed to practice nursing within the State of Florida, having been issued license number RN 9420166. 3. At all times material to this Complaint, Respondent's address of record was 838 Altura Avenue, S.E., Palm Bay, Florida 32909. 4. At all times material to this Complaint, Respondent was employed as registered nurse at Holmes Regional Medical Center (HRMC), located in Melbourne, Florida. 5. On or about April 27, 2019, Patient S.M., a 52-year-old female, was transferred to HRMC. 6. On or about May 2, 2019, Patient S.M. was placed in an examination room. 7. Respondent informed Patient S.M. that he was going to conduct a “skin assessment.” 8. During this time, Patient S.M. was lying on her back, wearing a hospital gown, underwear, and socks. 9. Respondent raised Patient S.M.’s hospital gown, unbuttoned the buttons on the side of the hospital gown and began touching her exposed breasts, rubbing them four times with his gloved hands. 10. Respondent moved to Patient S.M.’s groin. 11. Respondent pulled Patient S.M.’s underwear to the side using two of his fingers. 12. Respondent used his other hand and spread apart Patient S.M.’s Administrative Complaint ; Dep't of Health v. Jose Juan Cruz, R.N, DOH Case No. 2019-16785 labia. 13. Respondent touched Patient S.M.’s clitoris with his finger. 14. Patient S.M. did not provide Respondent with consent to touch her breasts or to touch her vaginal area. 15. Section 464.018(1)(0), Florida Statutes (2018), authorizes the Board to impose discipline against a registered nurse for violating any provisions of Chapters 464 or 456, Florida Statutes (2018), or any rules adopted pursuant thereto. 16. Section 456.072(1)(v), Florida Statutes (2018), prohibits a registered nurse from engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2018). 17. Section 456.063(1), Florida Statutes (2018), prohibits sexual misconduct in the practice of a health care professional, and defines sexual misconduct, in pertinent part, as a: “violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession.” Administrative Complaint Dep't of Health v. Jose Juan Cruz, R.N. DOH Case No. 2019-16785 18. Respondent used his position as a registered nurse to engage or attempt to engage a patient, or an immediate family member of a patient, in sexual activity outside of the scope of his professional practice in one or more of the following ways: a. Touching Patient S.M.’s breast; b. Touching Patient S.M.’s vaginal area; and/or c. Touching Patient S.M.’s clitoris. 19. Based on the foregoing, Respondent violated Section 464.018(1)(0), Florida Statutes (2018), by violating Section 456.072(1)(v), Florida Statutes (2018). WHEREFORE, Petitioner respectfully requests that the Board 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [SIGNATURE BLOCK ON NEXT PAGE] 4 Administrative Complaint Dep't of Health v, Jose Juan Cruz, R.N. DOH Case No. 2019-16785 SIGNED this [3*Aday of Aocoudien , 2019. Scott A. Rivkees, M.D. State Surgeon General Gerald C. Henley, TI, Esq. - \ LL E D Assistant General Counsel DEPARTMENT OF HEALTH Department of Health DEPUTY CLERK Prosecution Services Unit CLERK: A Morus 4052 Bald Cypress Way, Bin C-65 pare: bec 13 08 Tallahassee, FL 32399-3265 (850) 558-9832 TELEPHONE (850) 245-4684 FAX Florida Bar No. 1005574 Gerald. Henley@flhealth.gov PCP Meeting: November 22, 2019 PCP Members: Habgood & Forst Administrative Complaint Dep't of Health v. Jose Juan Cruz, R.N. DOH Case No. 2019-16785 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 any other discipline imposed. Administrative Complaint Dep't of Health v. Jose Juan Cruz, R.N. DOH Case No. 2019-16785

Docket for Case No: 20-000187PL