ings : r ministrative Hea | Dvis jon of A STATE OF FLORIDA \ DEPARTMENT OF “an DEPARTMENT OF HEALTH - Petitioner, | time ——_ \ Se LY pate vs. cabe No-CX 2000-16058 BOBSILYN GREAVES 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 the Respondent, Bobsilyn Greaves, and in support thereof alleges: _ Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 20, 456, and 464, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. Respondent is and has. been at all times material hereto, a Certified wursing Assistant in the State of Florida, having been issued Certificate number 1197- 262153310. 10. 11. Respondent's last known address is 5312 N.W. 67% Avenue, Lauderhill, FL 33319, ° At all times material to the Complaint, Respondent was employed by or working in what is believed to be an unlicensed nursing facility located at 124 E. Palm Drive, Margate, FL 33063. . At all times material to the Complaint, Respondent was providing medical care for Patients LR and LP. On or about September 26, 2000, an emergency inspection was conducted of the Respondent’s facility by inspectors/investigators of the Agency for Health Care Administration and/or Adult Protective Services based on reports of alleged abuse. ° Said inspectors/investigators were denied entry on several occasions, including, after obtaining the assistance of local law enforcement. When entry was finally gained, said inspection revealed the presence of two medically fragile residents, LP and LR. Said inspectors/investigators observed LP to be a bed bound elderly gentleman, restrained by full side rails and suffering from decubitus ulcers: Said-inspectors/investigators observed LR to be a young woman, paralyzed and fully dependant on’a mechanical ventilator. Fortunately, LR was able to communicate her misgivings over her placement and her desire to be removed. LR’s family transferred her the same day. Ter Fe RR PT RR FETE Re Trem ce ee 12. 13. 14. 15. 16. 17. 18. 19. 20. On or about 9/28/00, Respondent's facility was reinspected — by investigators/inspectors from the Agency for Health Care Administration and/or Adult Protective Services. Respondent indicated she was the owner and/or administrator of the facility. During said reinspection, Respondent provide a false name to the Agency’s inspectors. On or about 9/28/00, Respondent provided a written response to the Agency's Notice of Violation re: allegation that she was in operation of an unlicensed nursing facility. Respondent signed said written response using the false name previously provided to the Agency. On or about, 12/12/00, Respondent, accompanied by her attorneys, _met with a. said investigators and admitted, without explanation, that she had not ‘Provided her real name during their previous investigation and her written response. COUNT I (Practicing Beyond the Scope) Respondent realleges and incorporates by reference Paragraphs 1-17 as if set forth below. Respondent provided medical care and/or treatment to the above mentioned residents which was beyond the scope of her certificate. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.204(1)(b), Florida Statutes which makes Certified Nursing Assistants subject to the provisions of Section 464.018(1)(h), Florida Statutes, Unprofessional RE TT eR ET RR ee me SR Re ar ge cee ee 21. 22. 23. 24, 25. _ authorized to provide care to said patients. Conduct, as defined in Rule(s) 64B9-8.005(15), Florida Administrative Code, to wit: Practicing beyond the scope of the licensee’s license, educational preparation or nursing experience. COUNT I (employing unlicensed healthcare workers) Respondent realleges and incorporates by reference Paragraphs 1-20. ’ When the initial inspection was conducted, investigators determined that the Respondent was not present. However, a woman, who only identified herself as Gloria, indicated she was providing care to said patients. Subsequent investigation revealed this woman to be Gloria Hines. However, Ms. Hines does not hold any type of Florida health care practitioner license and is not Respondent employed, assisted, advised or procured Ms. Hines to aid in providing medical care and/or treatment to the above mentioned residents. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.204(1)(b), Florida Statutes which makes Certified Nursing Assistants subject to the provisions of Section 456.072(1)(j), Florida Statutes, to wit: aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a-profession contrary to this chapter, the chapter regulating ‘ the profession, or the rules of the department or the board. epeege ee oes i A lel ce 27. 28. 29. coy COUNT Ill (Obstructing an Investigation) Respondent realleges and incorporates by reference Paragraphs 1-26. In providing a false name to the Agency's investigators, as set forth in the manner above, the Respondent provided a false name to the Agency's investigators with the intent of misleading, deceiving or ‘obstructing the Agency's inspection and investigation and/or the action taken to prohibit her from operating an unlicensed facility. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.204(1){b), Florida Statutes which makes Certified Nursing Assistants subject to the provisions of Section 456.072(1\(1), Florida Statutes, to wit: Improperly interfering with an investigation or inspection authorized by Statue, or with any disciplinary proceeding. WHEREFORE, Petitioner respectfully requests that the Board of Nursing enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, costs, and/or any other relief that the Board deems appropriate. ' Signed is 22 pay of -\ uty , 2001, Robert G. Brooks, M.D. . Secretary, Department of Health area 6 [3e/e/ wr hd le COUNSEL FOR THE PETITIONER: James A. Bordonaro Fla. Bar No. 1294714 Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 410-0621 AMIN AA & ofsef2 / cA) —> oe, hief Attorney ency for DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Nehi R. Ferien DATE 3/e! Tm on ae STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, 7 vs. Case No. BOBSILYN GREAVES Respondent. / AMENDED 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 the Respondent, Bobsilyn Greaves, and in support thereof alleges: Petitioner is the state agency charged with regulating the practice of nursing , pursuant to Chapters 20, 456, and 464, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. Respondent is and has been at all times material hereto, a Certified Nursing Assistant in.the State of Florida, having been issued. Certificate Number 1197- 262153310: vere 10. 11. Respondent's last known address is 5312 N.W. 67% Avenue, Lauderhill, FL 33319. Pursuant to Section 464,204(1)(b), Florida Statutes, Respondent is subject to discipline for intentionally violating any provision of Chapter 464, Chapter 456 or any of the administrative rules adopted by the Florida Board of Nursing in furtherance of the statutory provisions to which it is entrusted. The Respondent has a legal obligation to refrain from engaging in conduct which results in, or can reasonably be expected to result in, physical, verbal, emotional, or mental abuse of a patient or vulnerable adult as that term is defined in Chapter 415, Florida Statutes. At all times material to the Complaint, Respondent was employed by or working in what is believed to be an unlicensed nursing facility located at 124 E. Paim Drive, Margate FL 33063. "On or about September 26, 2000, an emergency inspection was conducted of the above facility by inspectors/investigators of the Agency for Health Care Administration and/or Adult Protective Services based on reports of alleged abuse of residents/patients. Respondent was not present during said emergency inspection. Said inspection revealed the presence of two residents/patients, LP and LR. On or about September 26, 2000, said inspectors/investigators observed LP to be a bed-bound, elderly gentleman, restrained in a hospital-style bed by the use full side rails and suffering from, inter alia, decubitus ulcers. i a SE MER RRR rE eRe mR ee 12. 13. 14, 15. 16. 17, 18. 19. 20. 21. (ir. & & ee At the time of the inspection LP, was a vulnerable adult, as defined in Chapter 415, Florida Statutes. | On or about September 26, 2000, said inspectors/investigators observed LR to be a paralyzed, young woman: dependant on a mechanical ventilator for respiratory function. . At the time of the inspection, Patient LR, was a vulnerable adult, as defined in Chapter 415, Florida Statutes. On or about 9/28/00, Respondent's facility was reinspected by the Agency for Health Care Administration and/or Adult Protective Services. Respondent was present at this re-inspection and indicated she was the owner and/or administrator of the facility. , . When questioned as to her identity, Respondent told the Agency's inspectors h ner name was Deloris Duncan and that she was a Certified Nursing Assistant. Deloris Duncan is the owner of the property located at 124 Palm Drive in Margate, Florida. Deloris E. Duncan is the sister or kin of the Respondent. On or about 9/27/00, the Agency for Health Care Administration issued the facility’s administrator, an emergency Cease and Desist Order, addressed to Deloris Duncan, as to all unlicensed nursing and/or ALF activity at 124 Palm Drive in Margate, Florida. On or about 9/28/00, Respondent provided a written response to the Agency’s Notice of Violation in which she contested the allegation that she was in operation of an unlicensed nursing facility and /or ALF. ET Ee TTT MEET RTE FW RR ROOF ee We me Te ee ee 22. 23. 24, 25. 26. 27. Respondent signed said written response under the name of Deloris Duncan. On or about, 12/12/00, Respondent, accompanied by her attorneys, met with said investigators and admitted that she had not provided her real name during the Agency's previous investigation and in her written response of September 28, 2000. COUNT! (Practicing Beyond the Scope) Respondent realleges and incorporates by reference Paragraphs 1-23 as if set forth below. Respondent provided medical and/or nursing care or treatment to the above mentioned residents which was beyond the scope of practice permitted by her certification as a nursing assistant. , cg ab uhupuitistie ptosis tec Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.204(1)(b), Florida Statutes which makes Certified Nursing Assistants subject to the provisions of Section 456.072(1)(0), Florida Statute, in practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to ‘perform. COUNT Il (employing unlicensed healthcare workers) Respondent realleges and incorporates by reference Paragraphs 1-26. HRESEPR AS vee EE TRE RT ARERR FF eo 28. 29. 30. 31. 32. 33. 34. em * . When the initial inspection was conducted a woman, who only identified herself as Gloria, indicated she was providing care to said patients. Subsequent investigation revealed this woman to be Gloria Hines. On or about September 26, 2000, Gloria Hines was providing medical and/or nursing and/or certified nursing assistant care for LR and LP. Gloria Hines does not hold any type of Florida health care practitioner license and is not authorized or permitted to provide said care. Respondent employed, assisted, advised or procured Ms. Hines to aid in providing medical, nursing and/or certified nursing assistant care and/or treatment to the above mentioned residents. | Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.204(1)(b), Florida Statutes which makes Certified Nursing Assistants subject to the provisions of Section 456.072(1)(j), Florida Statutes, to wit: aiding, assisting, procuring, employing, or advising any unlicensed person or entity to ‘practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. COUNT Il (Obstructing an Investigation) Respondent realleges and incorporates by reference Paragraphs 1-32. In providing the name-of Deloris Duncan to the Agency's investigators in person, on or about 9/26/00, and responding. to the Agency's request to Cease and Desist, on or about 9127100, as set forth above, the Respondent intentionally FO TT Te ERY opr ope ev mislead, deceived or obstructed the Agency's inspection and investigation and/or the Agency's action taken to prohibit her from operating an unlicensed facility. 35. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.204(1)(b), Florida Statutes which makes Certified Nursing Assistants subject to the provisions of Section 456.072(1)(r), Florida Statutes, to wit: Improperly interfering with an investigation or inspection authorized by statue, or with any disciplinary proceeding. WHEREFORE, Petitioner respectfully requests that the Board of Nursing enter an Order imposing one or more of the following penalties: revocation or Suspension of Respondent's license or certification, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, costs, and/or any other relief that the Board deems appropriate. FILED DEPARTMENS OF HEALTH Signed this| YW day of Atha 2001. DEPUTY GLER CLERK [ hes} (Fa Robert G. Brooks, M.D. DA Secretary, Department of Health Nancy Snurkowski, Chi igf Attorney On Behalf of the Agericy for Health Care Administration COUNSEL FOR THE PETITIONER: James A. Bordonaro ° Fla. Bar No. 129474 Post Office Box 14229 Tallahassee, Florida 32317- 4229 (850) 414-8437 ; : Me u AA & se fe/ ae / TEE RE mE EC ER Me ee oy ne

Docket for Case No: 01-004818PL