dc (. STATE OF FLORIDA ep sy DEPARTMENT OF HEALTH 15 JL Zb A M30 DEPARTMENT OF HEALTH PETITIONER, V. CASE NO. 2004-24731 MITCHELL THOMAS STRATTON, R.N., 05-241 FE RESPONDENT. ee | 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 Respondent, Mitchell Thomas Stratton, R.N., and in support thereof alleges: 1. Petitioner is the state department 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 Complaint, Respondent was a registered nurse (R.N.) within the state of Florida, having been issued license number RN 2851392. Mitchell Thomas Stratton, R.N., 2004-24731 1 c C 3. Respondent’s address of record is 7227 Ramoth Drive, Jacksonville, Florida 32226. PATIENT M.C. 4. On or about April 26, 2004, patient M.C. went to the emergency room at Baptist Medical Center — Beaches (“BMCB”), in Jacksonville Beach, Florida, due to a suspected heart attack. M.C. was 62 years old. 5. Upon arrival at the emergency room, M.C. was placed in a cubicle where patients were separated by curtains. M.C. was medicated, and she fell asleep. 6. | When ™.C. woke up, there was a man standing beside her bed. M.C. described the man to the Department as a young bald man with a muscular build. He introduced himself to M.C. as her nurse, “Mitch.” M.C. then fell back to sleep. 7. When she woke again, her left hand was between the siats of the guard rail on the side of the bed. The nurse who had identified himself as Mitch was standing next to the bed. He had his hand covering M.C.’s hand, and he was rubbing her hand against his penis (through his clothes). Mitchell Thomas Stratton, R.N., 2004-24731 2 é § 8. When M.C. realized what “Mitch” was doing, she tried to move her hand. As she was pulling her hand away, “Mitch” made a comment to M.C. that he was just trying to make her more comfortable. 9. M.C. reported this incident to another nurse at BMCB on or about April 26, 2004, and she has related the same information to the Department's investigator. PATIENT C.H. 10. C.H. was taken to the emergency room of BMCB on or about May 6, 2004, due to intoxication. C.H. had consumed a large quantity of alcohol and was incapacitated by reason of intoxication while she was at the emergency room. 11. C.H. reported to the Department that when she was in the emergency room, a man came to her room and announced that he needed to check her “heart catheter.” She described the man as a tanned, bald, body-builder of medium height. When he reached down to touch her, he opened her gown and sucked her right breast. 12. C.H. indicated that she was both intoxicated and scared of this man, so she did not notify anyone at that time concerning this event. She Mitchell Thomas Stratton, R.N., 2004-24731 3 < < simply told another nurse, Robert Bruce, that she did not want Respondent to return to the room because he was not nice. 13. The bald male nurse returned to her room. This time, he told C.H. he wanted to check her blood pressure. He took her hand and put it on his penis. Again, C.H. did nothing to report this behavior. 14, The male nurse came to her room a third time and told her he needed to check her catheter. When he reached to check the catheter, he penetrated her vagina with his finger, and moved his finger in and out of her vagina in a sexual manner. C.H. reported that she still did not ask for help because she was afraid. 15. The same male nurse returned a fourth time. He told C.H. to turn over on her side because she was tangled in cords. When she turned on her side, he pulled her gown up and licked her vaginal area from his position behind her. Again, C.H. reports that she did not ask for help because she was afraid. She simply repeated her request to Robert Bruce that this man not be allowed back in her room. 16. On or about May 14, 2004, Larry Luter, M.D., called Anne Hollander, R.N., who is the Assistant Administrator of Patient Services at BMCB. Dr. Luter explained that C.H. was a friend of his, and that C.H. had Mitchell Thomas Stratton, R.N., 2004-24731 4 < C called him and had conveyed the foregoing events to him. Further, C.H. had asked his advice about how to respond to these events. C.H. had authorized him to contact the hospital and inform thern of the acts committed by Respondent. 17. On or about May 17, 2004, Paulette Marshall, R.N., the Director of Nursing for the emergency room at BMCB, contacted C.H. and interviewed her. C.H. related the events to Ms. Marshall substantially as stated above. 18. Ms. Marshall also interviewed Robert Bruce, the other nurse working at the emergency room and caring for C.H. He confirmed that Respondent was working that night, and that he did see Respondent go into C.H.’s room several times, although C.H. was Mr. Bruce's assigned patient. Mr. Bruce indicated, however, that it was not unusual for him and Respondent to help each other by caring for each other’s patients. He also indicated that C.H. asked him not to allow Respondent back in the room because he was not as nice as Mr. Bruce, but she did not tell him that Respondent had abused her. Mitchell Thomas Stratton, R.N., 2004-24731 5 6 < 19. Hospital personnel have confirmed to the Department that Respondent fits the description of the male nurse provided by both M.C. and C.H. COUNT ONE 20. Petitioner realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 21. Section 456.072(1)(u), Florida Statutes (2003), states that engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes, constitutes grounds for disciplinary action against a licensed health care practitioner. 22. Section 456.063(1), Florida Statutes (2003), defines sexual misconduct in the practice of a health care professions as violating the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient 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. Mitchell Thomas Stratton, R.N., 2004-24731 6 é ¢ 23. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes. 24. Respondent engaged in or attempted to engage in sexual misconduct when he did one or more of the following: a. used M.C.’s hand to stroke his penis (through his clothes); b. put his mouth on and sucked C.H.’s right breast; Cc. placed C.H.’s hand on his penis; d. penetrated C.H.’s vagina with his finger, and moved his finger in and out of her vagina in a sexual manner; e. pulled C.H.’s gown up and licked her vaginal area from his position behind her. 25. Based on the foregoing, Respondent violated Section 456.072(1)(u), Florida Statutes (2003), by engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes. Mitchell Thomas Stratton, R.N., 2004-24731 7 COUNT TWO 26. Petitioner realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 27. Section 464.018(1)(n), Florida Statutes (2003), provides that failing to meet minimal standards of acceptable and prevailing nursing practice constitutes grounds for disciplinary action by the Board of Nursing. 28. Respondent failed to meet minimal standards of acceptable and prevailing nursing practice when he did one or more of the following: a. used M.C.’s hand to rub against his penis (through his clothes; put his mouth on and sucked C.H.’s right breast; placed C.H.’s hand on his penis; penetrated C.H.’s vagina with his finger, and moved his finger in and out of her vagina in a sexual manner; pulled C.H.’s gown up and licked her vaginal area from his position behind her. 29. Based on the foregoing, Respondent violated Section 464.018 (1)(n), Florida Statutes (2003), by failing to meet minimal standards of acceptable and prevailing nursing practice. Mitchell Thomas Stratton, R.N., 2004-24731 8 < C 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 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 22 __ day of _Wivewbsen , 2004. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, ye of Health FILED DEPARTMENT OF HEALTH Yolonda Y. Green DEPUTY CLERK Assistant General Counsel CLERK \ tba 4 Colman DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No.: 0738115 (850) 414 — 8126 Telephone (850) 414 — 1991 Facsimile YYG/yyg Reviewed and approved by: Mee tot UfyJo¥ (date) PCP: Ma1s/cy PCP Members: Ae vg Hews Mitchell Thomas ohatton R.N., 2004-24731 Mitchell Thomas Stratton, R.N., 2004-24731 9 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. 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. Mitchell Thomas Stratton, R.N., 2004-24731 10

Docket for Case No: 05-002647PL