STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NO. 2018-03610 CHENAY CARTER, R.N., _ | RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against the Respondent, Chenay Carter, R.N., and in support thereof alleges: 1. The 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, the Respondent was a registered nurse (R.N.) within the state of Florida, having been issued license number RN 2955502. 3. The Respondent’s address of record is 3314 Alberta Street, Bartow, Florida 33830. 4. At all times material to this Administrative Complaint, the Respondent was employed as a registered nurse by Lake Wales Medical Center (“Lake Wells”) in Lake Wells, Florida. 5. At all times material to this Administrative Complaint, Patient D.D. was a seventy-two (72) year old male patient of Lake Wells. 6. On or about September 22, 2017, the Respondent placed her knee on Patient D.D.’s neck. 7. | Onor about September 22, 2017, the Respondent placed a pillow over Patient D.D.’s face. 8. At all times material to this Administrative Complaint, Patient J.D. was a seventy-three (73) year old male patient of Lake Wells. 9. During the period of October 24, 2017 through October 25, 2017, the Respondent pushed Patient J.D. against a wall. 10. During the period of October 24, 2017 through October 25, 2017, the Respondent placed her knee in the back of Patient J.D. Department of Health v. Chenay Carter, R.N., 2 Case Number 2018-03610 COUNT I 11. The Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 464.018(1)(h), Florida Statutes: (2017), provides that unprofessional conduct as defined by board rule constitutes grounds for disciplinary action. 13. Rule 64B9-8.005(13), Florida Administrative Code, provides that unprofessional conduct includes using force against a patient, striking a patient, or throwing objects at a patient. 14. As set forth above, the Respondent engaged in unprofessional conduct by using force against Patient D.D. when the Respondent placed her knee on Patient D.D.’s neck and/or placed a pillow over Patient D.D.'s face. 15. Based on the foregoing, the Respondent violated Section 464.018(1)(h), Florida Statutes (2017), by engaging in unprofessional conduct as defined by Rule 64B9-8.005(13), Florida Administrative Code, to include using force against a patient, striking a patient, or throwing objects at a patient. Department of Health v. Chenay Carter, R.N., 3 Case Number 2018-03610 COUNT II 16. The Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 17, Section 464.018(1)(h), Florida Statutes (2017), provides that unprofessional conduct as defined by board rule constitutes grounds for disciplinary action. 18. Rule 6489-8.005(13), Florida Administrative Code, provides that unprofessional conduct includes using force against a patient, striking a patient, or throwing objects at a patient. 19. As set forth above, the Respondent engaged in unprofessional conduct by using force against Patient J.D. when the Respondent pushed Patient J.D. against a wall and/or placed her knee in the back of Patient J.D. 20. Based on the foregoing, the Respondent violated Section 464.018(1)(h), Florida Statutes (2017), by engaging in unprofessional conduct as defined by Rule 64B9-8.005(13), Florida Administrative Code, to include using force against a patient, striking a patient, or throwing objects at a patient. [Remainder of page intentionally left blank\ Department of Health v. Chenay Carter, R.N., 4 Case Number 2018-03610 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 the 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 11° day of July, 2019. Scott Rivkees, M.D. State Surgeon General and Secretary of Health /s/ Adam D.G. Wright . ADAM D.G. WRIGHT Assistant General Counsel Florida Bar No. 110114 FILED Florida Department of Health DEPARTMENT OF HEALTH Prosecution Services Unit DEPUTY CLERK 4052 Bald Cypress Way, Bin #C65 cLERK: Br, olyib Conky) Tallahassee, FL 32399-3265 7 il Telephone: (850) 558-9874 pate_/ {11s 2014 Facsimile: (850) 245-4662 — ’ Email: adam-wright@flhealth.gov PCP: 7/10/2019 PCP Members: Munoz & Paschall Department of Health v. chensy Carter, R.N., 5 Case Number 2018-03610 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. Chenay Carter, R.N., . ; 6 Case Number 2018-03610

Docket for Case No: 20-001925PL