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DEPARTMENT OF HEALTH, BOARD OF NURSING vs DON M. BUTLER, C.N.A., 05-003212PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003212PL Visitors: 7
Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: DON M. BUTLER, C.N.A.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Fort Lauderdale, Florida
Filed: Sep. 02, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 19, 2005.

Latest Update: Jan. 20, 2025
Sep 2 2005 15:50 SEP-H2-2885 16:82 AHCA . P.@3-89 t ; STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-40784 DON M. BUTLER, C.N.A., RESPONDENT. / ADMINISTRATIVE C LAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Don M. Butler, C.N.A., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing assistance 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 certified nursing assistant (C.N.A.) within the state of Florida, having been issued certificate number 749***5040. 4 3:\PSU\Nursing\judy law\nurses\CNA's\BUTLER-sex misconduct.doc Sep 2 2005 15:50 SEP-@2-2085 16:83 AHCA P.@4/89 t Loe 3. Respondent’s address of record is 1572 N.E. 149" Street, North Miami, Florida 33161. 4. At all times material to this Complaint, Respondent was employed as a C.N.A. at Broward House, Inc., a Licensed Assisted Living Facility in Fort Lauderdale, Florida. -~ 5. On or about September 2004, through December 2004, M.H., a forty-eight year-old female patient at Broward House, Inc., stated that Respondent made unwanted sexual advances towards her over a three (3) month period of time. ~-"G. Patient M.H. states that the unwanted sexual advances started with kissing and hugging, and advanced to the Respondent fondling her breasts. —? 7. Patient M.H. states that on or about September 2004, through December 2004, Respondent gave her cigarettes and at one point, Respondent gave her a set of gold earrings. -- 8. Patient M.H. stated that she did not report the unwanted sexual advances because she felt threatened by the Respondent, as the Respondent stated to her, “Don’t take my kindness for weakness, 2 J:\PSU\Nursing\judy law\nurses\CNA's\BUTLER-sex misconduct.doc Sep 2 2005 15:51 SEP-@2-2085 16:83 AHCA P.@5/89 eS because I am not a nice guy. I will get even if anyone or you jeopardize my family.” -49, Section 464.204(1)(b), Florida Statutes (2004), makes it a violation of the Nurse Practice Act for a C.N.A. to intentionally violate any provision of Chapter 464, Chapter 456, or rules adopted by the Board of Nursing. +10. Section 456.072(1)(u), Florida Statutes (2004), 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 by the Board of Nursing. ~~. 11. Section 456.063(1), Florida Statutes (2004), defines sexual misconduct in the practice of a health care profession 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. 3 3:\PS5U\Nursing\judy law\nurses\CNA's\BUTLER-sex misconduct.dac SEP-@2-2085 16:83 AHCA 4a Sep 2 2005 15:51 v 12. Respondent engaged or attempted to engage in sexual misconduct when Respondent fondled Patient M.H.’s breast and when Respondent kissed and hugged Patient M.H. 13. Based on the foregoing, Respondent is in violation of Section 464.204(1}(b), Florida Statutes (2004), for intentionally violating Section 456.072(1)(k), Florida Statutes (2004), by engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes. WHEREFORE, 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. 4 J:\PSU\Nursing\judy law\nurses\CNA's\BUTLER-sex misconduct,dac P69 Sep 2 2005 15:51 ") SEP-@2-2085 16:83 AHCA P.@?/a9 “v SIGNED this a day of } {vn , 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 TMENT oF HEALTH =—- Tallahassee, FL 32399-3265 pepar EPUTY CLERK Florida Bar # 0881686 cull ihe Colynaon (850) 414-8126 (850) 414-1989 FAX DATE, Reviewed and approved by: oY (initials) §>__ (date) PCP: Ghia) PCP Members: 23), beet dk v 5 J:\PSU\Nursing\judy law\nurses\CNA’s\BUTLER-sex misconduct.doc

Docket for Case No: 05-003212PL
Issue Date Proceedings
Oct. 19, 2005 Order Closing File. CASE CLOSED.
Oct. 19, 2005 Agreed Motion to Relinquish Jurisdiction filed.
Oct. 17, 2005 Notice of Taking Deposition (M. Hedault) filed.
Oct. 05, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 18, 2005; 9:30 a.m.; Fort Lauderdale, FL).
Sep. 30, 2005 Motion to Re-schedule Final Hearing filed.
Sep. 26, 2005 Letter response to the Initial Order filed.
Sep. 21, 2005 Order of Pre-hearing Instructions.
Sep. 21, 2005 Notice of Hearing by Video Teleconference (video hearing set for November 4, 2005; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Sep. 13, 2005 Notice of Serving Petitioner`s First Request for Production, First Request for Interrogatories, and First Request for Admissions to Respondent filed.
Sep. 13, 2005 Unilateral Response to Initial Order filed.
Sep. 06, 2005 Initial Order.
Sep. 02, 2005 Election of Rights filed.
Sep. 02, 2005 Administrative Complaint filed.
Sep. 02, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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