STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, vs. Case No. 2001-09112 VIOLAINE GASTON, CNA, Respondent. ene 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, VIOLAINE GASTON, 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 0101000014160. FEE EEE RET REC TORE NRE ES RET RTT er Ere - oe et ee aamad err 4. Respondent's last known address is 17016 O'Hara Drive, Port Charlotte, Florida 33948, * 5. As a certified nursing assistant, Respondent has a legal obligation not to provide assistance to patients in a manner that is consistent with the prevailing standards of nursing assistance. 6. On or about July 7, 2001, Respondent was employed at Life Care Center of Punta Gorda and assigned to provide care to Patient HJ, an 81 year old male patient. 7. On or about July 7, 2001, Patient HJ hit Respondent with his hand while Respondent was transporting Patient HJ. 8. In response to Patient HJ's hitting her, Respondent held one of Patient HJ's hands down, hit HJ on the arm, then pointed her finger at or near Patient HJ's face and told Patient HJ not to hit her again. 9. Respondent's actions on July 7, 2001, were not consistent with the prevailing standards of nursing assistance. 10. Based on the foregoing, Respondent is subject to discipline pursuant to section 456.072(1)(k), Florida Statutes (2000), 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. oe en SPE PERE Se ree nea reece oe A A i Al ill eee SN ll L A Signed this Aid hiay of LW vnboy , 200f.. John O. Agwunobi, MD, MBA Acting Secretary, Department of Health COUNSEL Reginald D. FBN: 0112 Agency for Healt Allied Health Section Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 414 - 8576 RDD/rd — PCP: C oY LM DOM: “(3/6 / R THE PETITIONER: ixon, Senior Attorney re Administration FILED ARTMENT OF MEALTH DEP DEPUTY CLE OP ORE oe EE mE re b } F F L E E ; ‘ ia ; } E E

Docket for Case No: 02-000423PL