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
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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.
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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,
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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.
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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.
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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
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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.
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Sep. 21, 2005 |
Order of Pre-hearing Instructions.
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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).
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Sep. 13, 2005 |
Notice of Serving Petitioner`s First Request for Production, First Request for Interrogatories, and First Request for Admissions to Respondent filed.
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Sep. 13, 2005 |
Unilateral Response to Initial Order filed.
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Sep. 06, 2005 |
Initial Order.
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Sep. 02, 2005 |
Election of Rights filed.
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Sep. 02, 2005 |
Administrative Complaint filed.
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Sep. 02, 2005 |
Agency referral filed.
|