STATE OF FLORIDA #24 + DEPARTMENT OF HEALTH ||” , rep -6 PHS DEPARTMENT OF HEALTH 02 Petitioner, vs. Case No. 2001-07930 EVELYN JEAN, CNA, 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, EVELYN JEAN, CNA, and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing assistance pursuant to Chapters 20, 456, and 464, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the 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. 3. Respondent is and has been at all times material hereto, a CERTIFIED NURSING ASSISTANT NURSE in the State of Florida, having been issued certificate number CX 129-358-925-9912. 1002 8 0 130 SSPE CTR RN TARE RET RT RT RNR RE REM oo compereps + 4. Respondent's last known address is 2310 NE 4th Court, Boynton Beach, Florida 33435. 5. As a Certified nursing assistant, Respondent has a legal obligation not to provide assistance to patients in a manner that comports with the minimal acceptable standards of nursing assistance practice. 6. On or about April 10, 2001, while employed by Heartland Health Care and assigned to provide nursing assistance to Patient E.V., an 84 year old female patient that suffered from dementia, failed to perform a legal obligation placed upon Respondent, to wit: Respondent slapped and or inappropriately made contact with Patient E.V.'s face. 6. Slapping a patient and or inappropriately making contact with a patient's face falls below the minimal acceptable standards of nursing assistance. 7. Based on the foregoing, Respondent is subject to discipline pursuant to section 456.072(1)(k), Florida Statutes, by failing to perform any statutory or legal obligation placed upon a licensee. WHEREFORE, Petitioner respectfully request 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 this4{Meday ot OCH bey 200_(. Robert G. Brooks, M.D. Secretary, Department of Health AMA al i Ol le A ee a ee BY: Ma Snurkowski, y/ Attorney Agency for HeBlth Care Administration Allied Health Sectio Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 414 - 8576 RDD/rd POP: pre DOM: ~ 7 fa? os On Behalf of the Agency for Health Care Administration DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Yak Leones DATE lof § fo, wert sree ie OORT IE aR Fe eRe oR oe ree ORR oT

Docket for Case No: 02-000421PL