Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: CALEB GUTIERREZ RASAY, R.N.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Fort Lauderdale, Florida
Filed: Sep. 09, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 29, 2005.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH
PETITIONER,
v. CASE NO. 2005-50173
CALEB GUTIERREZ RASAY, R.N.,
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, Caleb Gutierrez Rasay, R.N., and in
support thereof alleges:
1. Petitioner is the state department charged with regulating the
practice of nursing pursuant to Section 30.43, 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 9209609.
Caleb Gutierrez Rasay, B.N.
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3, Respondent's address of record is 712 NE. 15" Street, Apt. 2,
Fort Lauderdale, Florida 33304.
4. At all times material to this Complaint, Respondent was.
employed by Broward General Medical Center in Fort Lauderdale, Florida.
5. On or about January 10, 2005, Respondent provided care to
patient $.M. who was incapacitated due to injuries suffered in a motorcycle
accident.
6. On or about January 11, 2005, in the early moming hours,
Respondent entered patient $.M.’s room to remove S.M.’s catheter and
replace it with a condom catheter. Respondent proceeded to masturbate
patient S.M.’s penis. Respondent then placed his mouth over patient S.M.’s
penis, against the will of patient S.M. Due to patient S.M.’s incapacitating
injuries, S.M. was unable to physically resist Respondent or communicate
with him verbally.
7. Onor about January 11, 2005, around 12:00 p.m., patient 5.M.
reported to his floor nurse that Respondent had performed oral sex on him
around 3:00 a.m. that morning. Patient S.M, reported the incident in
writing, as his jaw was wired shut due to injuries he received in the
accident.
Caleb Gutierrez Rasay, R.N.
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8. On or about February 17, 2005, Respondent was arrested and
charged with committing sexual battery on a person over 12 years of age
who is physically helpless to resist, in violation of Section 794.011(4),
Floricla Statutes, and simple battery, in violation of Section 784.03(1)(a)(1),
Florida Statutes.
COUNT ONE
9, Petitioner realleges and incorporates paragraphs one (1)
through elght (8) as if fully set forth herein.
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 tor
disciplinary action against a licensed health care practitioner.
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 ta
induce or attempt to induce such persan to engage in, verbal or physical
sexual activity outside the scope of the professional practice of such health
caré profession.
Caleb Gutierrez Rasay, R.N.
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12, Respondent is licensed pursuant to Chapter 464, Florida
Statutes, and is a health care practitioner a5 defined in Section 456.001(4),
Florida Statutes.
13. Respondent engaged in or attempted to engage in sexual
misconduct by masturbating S.M.’s penis and by placing his mouth on
S.M.’s penis against S.M.’s will.
14. Based on the foregoing, Respondent violated Section
456.072(1)(u), Florida Statutes (2004), by engaging or attempting to
engage in sexual misconduct as defined and prohibited in Section
456.063(1), Florida Statutes.
| COUNT TWO
15. Petitioner realleges and incorporates paragraphs one (1)
through eight (8) as if fully set forth herein.
16. Section 464.018 (1)(n), Florida Statutes (2004), provides that
failing to meet minimal standards of acceptable and prevailing nursing
practice constitutes grounds for disciplinary action by the Board of Nursing.
17. Respondent failed to meet minimal standards of acceptable and
prevalling nursing practice by masturbating $.M.’s penis and by placing his
mouth on S.M.’s penis against S.M.’s will.
Caleh Gutierrez Rasay, B.N.
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18. Based on the foregoing, Respondent violated Section 464.018
(1)(n), Florida Statutes (2004), by failing to meet minimal standards of
acceptable and prevailing nursing practice.
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.
Caleb Gutierrez Rasay, R-N.
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SIGNED this rhe day of Un (i by \ , 2002.
John O. Agwunobi, M.D., M.B.A., M.P.H.
oy eaiee
FILED Lf. Y. Green ~
Assistant General Counsel
en oe DOH Prosecution Services Unit
stake Gama 4052 Bald Cypress Way, Bin C-65
pate ty ait 7 ea Tallahassee, Florida 32399-3265
* Florida Bar No.: 0738115
(850) 414 — 8126 Telephone
(850) 414 - 1991 Facsimile
, AHCA“LEGAL MEDICAL
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Reviewed and approved by: ALE Ainttials)3 7/0 if (date)
PCP: 3/io/eS
PCP Members: A Sp-.Jhere-eae, Len
0. Dee ho , J)
Caleb Gutierrez Ra#ay, R.N., 2005-50173
Caleb Gutictrez Rasay, R.N
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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.
Caleb Gutiertez Rasay, R.N.
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Docket for Case No: 05-003251PL
Issue Date |
Proceedings |
Sep. 29, 2005 |
Order Closing File. CASE CLOSED.
|
Sep. 23, 2005 |
Motion in Abatement of Proceeding filed.
|
Sep. 21, 2005 |
Order of Pre-hearing Instructions.
|
Sep. 21, 2005 |
Notice of Hearing (hearing set for November 15 and 16, 2005; 9:30 a.m.; Fort Lauderdale, FL).
|
Sep. 16, 2005 |
Response to Initial Order filed.
|
Sep. 09, 2005 |
Initial Order.
|
Sep. 09, 2005 |
Election of Rights filed.
|
Sep. 09, 2005 |
Administrative Complaint filed.
|
Sep. 09, 2005 |
Notice of Appearance (filed by A. Skilling).
|
Sep. 09, 2005 |
Agency referral filed.
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