May 1 200? 9:14 MAY-G1-2687? 9:39 AHCA & ww STATE OF FLORIDA DEPARTMENT OF HEALTH _DEPARTMENT OF HEALTH Petitioner, vs. Case No. 2066-23248 E. ALICIA GELABERT, R.N. Respondent. DMI TRA E LAI COMES NOW, Petitioner, Department of Health (hereinafter Petitioner”), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against the Respondent, E. Alicia Gelabert, R.N., (hereinafter “Respondent”, ‘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 (hereinafter “R.N.”) within the state of Florida having been issued license number 2864402. May 1 200? 9:15 MAY-B1-2887? BOF 39 AHCA P43 & 'o 3: Respondent’s current address of record is 11825 SW 175%: Terrace, Miami, Florida 33177. , 4. Respondent was employed as a R.N. with Homestead” Correctional Institutes (hereinafter “HCI”), in Orlando, Florida. 5. On or about July 25, 2006, HCI administrative staff discovered that the Respondent's license expired on April 30, 2006. 2 foe THO-Respeandent practiced. at.HCL.without a_license from May. 8, | 2006, through May 31, 2006. 7. The Respondent renewed her R.N. license on June 10, 2006. 8. Section 464.018(1)(h), Florida Statutes (2005), provides that ‘ unprofessional conduct, as defined by Board rule, constitutes grounds fo ‘disciplinary action by the Board of Nursing. 9. Rule 64B9-8.005(1)(d), Florida Administrative Code, provides: that unprofessional conduct shall include practicing registered nursing or practical nursing in the State of Florida with a delinquent license for no — more than 90 days. 10. As set forth above, Respondent engaged in unprofessional. : conduct when she practiced registered nursing at the HCI from May &,. 2006, through May 31, 2006. Department of Health v. E. Alicia Gelabert, R.N. 2 Case Number 2006-23248 J:\PSU\Nursing\C. Erica White\North Cases\Administrative Complaints\R. N\Unprofessional Conduct\Gelabert, E. Alicia (2006-23248).doc May 1 200? 9:15 MAY-B1-2687 89:44 AHCA P.@4 e w 11. Based on the foregoing, Respondent violated Section: 464.018(1)(h), Florida Statutes (2005), by engaging in unprofessional: conduct as defined by Rule 64B9-8.005(1)(d), Florida Administrative Code, ’ to include practicing registered nursing or practical nursing in the State of Florida with a delinquent license for no more than 90 days. Department of Health v, E. Alicia Gelabert, R.N. 3 Case Number 2006-23248 3;\PSU\Nursing\C. Erica White\North Cases\Administrative Complaints\R.N\Unprofessional Conduct\Gelabert, E. Alicia (2006-23248) .doc May 1 200? 9:16 MAY-B1-2687 89:44 AHCA & w stGnen this _(“l"_ day of feb¢u ____, 2007. Ana M. Viamonte Ros, M.D., M.P.H. Secretary, Department of Health C. Erica White Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 FILED ——_—_ Tallahassee, FL 32399-3265 HEALTH Florida Bar # 0641340 (850) 245-4640 (850) 245-4683 FAX PCP: 2-12-07 PCP Members: V. Stone-Gale and M. Perry Department of Health v. E. Alicia Gelabert, R.N. Case Number 2006-23248 J:\PSU\Nursing\C. Erica White\North Cases\Administrative Camplaints\R.N\Unprofessional Conduct\Gelabert, E, Alicia (2006-23248),doc May 1 200? 9:16 MAY-B1-2687 F441 AHCA P.@6 c u 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 bé 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 shal 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. Department of Health v. E. Alicia Gelabert, R.N. 5 Case Number 2006-23248 J:\PSU\Nursing\C. Erica White\North Cases\Administrative Complaints\R. N\Unprofessional Conduct\Gelabert, E. Alicla (2006-23248).doc

Docket for Case No: 07-001904PL