Sep 3 2008 14:45 P.@3/14 SEP-@3-2088 15:22 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2005-69532 HARVEY JOHNNIE PRICE, L.P.N., RESPONDENT. / Se ADMI MPLAIN COMES NOW, Petitioner, Department. of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Harvey Johnnie Price, L.P.N., and in support thereof alleges: I. 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 licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN-924621, DOH v. Harvey Johnnie Price, L.P.N. Page 1 Case Number 2005-69532 J:\PSU\Medical\William Miller\Board of Nursing\Price 2005-69532\Price.Administrative Complaint (VFO). doc Sep 3 2008 14:45 P.@4/14 CEP-eg-2e9g 15:99 AHCA 3. Respondents last known address of record is P.O. Box 99, High Springs, FL 32655. 4. On or about September 22, 2005, the Board of Nursing entered a final order in case number 2003-16450, which required Respondent to pay an administrative fine in the amount of five- hundred dollars ($500.00), and investigative costs in the amount four-thousand one-hundred seventy-nine dollars and fifty-four cents ($4,179.54) within sixty (60) days of the entry of the Final Order. 5. Respondent failed to Pay the aforementioned fine and costs within sixty (60) days of the entry of the Final Order by the ‘Board of Nursing in case number 2003-16450. 6. Section 456.072(1)(q), Florida Statutes (2005), provides that violating a lawfully entered order of the Board of Nursing constitutes grounds for disciplinary action by the Board of Nursing. 7. Respondent failed to comply with the Final Order entered by the Board of Nursing in case number 2003-16450. 8. Based on the foregoing, Respondent violated Section 496.072(1)(q), Florida Statutes (2005), by violating a lawfully entered order of the Board or Department. DOH v. Harvey Johnnie Price, L.P.N, Page 2 Case Number 2005-69532 Oya Wiliam Miller\Board of Nursing\Price 2005-69532\Price.Administrative Complaint VFO).doc Sep 3 2008 14:47 SEP-@3-2088 15:22 AHCA ( P.@5/14 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. SIGNED this __25 day of Ape! , 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D, Secretary, Department of Health FILED f ee me . y ri oa OEPARTMENT OF HEALTH Wiliam F. Miller DERLITY CLERK Assistant General Counsel CLERK mec Mcfhewr DOH Prosecution Services Unit. OATE Y-g £-t¢ 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0421080 (850) 245-4640 Ext. 8203 (850) 245-4683 FAX PCP: April 19, 200k PCP Members: 2006. Munoz and Ramos DOH v. Harvey Johnnie Price, L_P.N, Page 3 Case Number 2005-69532 2:\PSU\Medical\William Miller\Board of Nursing\Price 2005-69537\Price. Administrative Complaint (VFO).doc Sep 3 2008 14:47 P.@614 SEP-@3-2088 15:22 AHCA Harvey Johnnie Price, L.P.N. Case Number 2005-69532 NOTICE OF RIGHTS Respondent has the right to request 2 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. DOH v. Harvey Johnnie Price, LPN. Page 4 Case Number 2005-69532 Ceo) tical watam Miller\Board of Nursing \Price 2005-69532 \Price. Administrative Complaint ‘O),.doc Sep 3 2008 14:47 P.@?/14 SEP-H3-2088 15:23 PRCA ie feo a f ELECTION OF RIGHTS Case Name: HARVEY JOHNNIE PRICE, LPN Case No, 2005-69532 ‘PLEASE SELECT ONLY 1 OF THE 3 OPTIONS An Explanation of Fighis is attached. !f you do not understand thase options. please consul! with your attorney or ¢mtaet the attorney fer the Preseeution Services Unit at the addrass/shone number listed at the bottorn of thie form, ( ®TION 4. | do not dispute the allegations of fact in the Administrative Complaint, but do wish to be accarded a hating, pursuant to Section 120.57(2), Florlda Statutes, at which fime | will be permitied {a submit oral and/ar writtan evidence i mitigation of the complaint ta the Board, { PTION 2, do nat dispute the allegations of fact comained in the Administrative Complaint and waive my right to Coject or to be ha equestihat the Board enter a {inal order pursuant lo Section 120.57, Flerlda Statutes. pTION 3. ote dispute the, allégations_ot.tact.cantainad in. the-Auministrative-Complsint-artd eqges! WWE Te'be ~ = bhsideret a pemienta? Tomar heating, pursuant to Sectlans 120.55(/2)(a) and 120.871). Florida Statutes, before an il dminisirativa: Law Judge appointed by the Division of Adminisiralive Hearings. |, Specifically dispute the following {l iragraphs of the Administrative Complaint: hisPate oo peclhies all atteae tins jn the Paragraphs o £. Hh = wh Smetice po aa Lope Pleas SE _or, “ gen) fi lnearin . serie 1 Lies : ? In addi On Whe Sod selestion, | also elact the following: ( rarer €) ! accept the terms of tha Settlement Agreement, have signed and am returning the Settlement Agreament ar | am interested in settling this cage. } 1 do not wish to continue practiaing, have signed and returned the voluntary rélinguishment of licensure form, if it has been provided, Regardless at which option | have selected, | understand that I will be given notice of lime, date, and place ‘hen this malter fe to be considered by the Board for Final Action. Mediation under Saction 120.573, Florida Slatutes, i not available in this matier, (Please gign and complate ali the information below.) fespondents signatdre 2 box a4 oak FPapins “PE BK SS ue no, Plo dnd oo ST Yo © Phone No, tp i TATE OF FLORID, Fax No. 2. | DUNTY OF = lachug "afore me, personally appeared bhave “ Dn ce Ser ; whote identity is known te me by — ar . . wha, Drwvers hic: (ype of dantileation) and who, acknowledges, thal his/her signature appears - in! ‘ve. Sworn te or atfirmeff by “pen before me thie / ot day of J CAN 200 we, : — inn [A < URALYNM U. Swiok -HCCUNIBSION Gop epRan, Exnite anes, Jana 13, 3040 | "btary Pubhe-State of Florida My Cor % Uanelad They Bodgal Notary Semvesa »D rol nea U. « Seank. eer ‘Ty5e or Print Name | LEASE MAIL AND/OR FAK COMPLETED FORM To: Gydnee Brown, Accistant Genaral Counsel, DOH, Prosecution Sarvicer | nit, 4052 Bald Cypress Way, Bln C55, Taliahagees, Florida 32399.3265, Telephone Number: (B50) 245-4640; FAX (@50) 245. 1 383- TDD 1-800-965-8774, . . Sep 3 2008 14:48 P8714 SEP-@3-2088 15:23 AHCA ( STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2005-50839 HARVEY PRICE, L.P.N., RESPONDENT. / 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, Harvey Price, L.P.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 - licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 924621. Sep 3 2008 14:48 P.@914 SEP-@3-2088 15:23 AHCA v 3. Respondent's address of record is PO. Box 99, High Springs, Florida 32655-0099. 4. On or about July 21, 1982, Respondent was arrested by the Alachua County Sheriff's Office on the charge of assault and battery. This arrest resulted in a conviction, in the County Court In and For Alachua County, Florida, in Case Number 81 000 12 MM, of one (1) count of battery, a misdemeanor, in violation of Section 784.03, Florida Statutes, 5. On or about August 23, 1988, Respondent submitted his application for nursing licensure to the Florida Department of Professional Regulation. On this application, Respondent answered ‘No’ to the following question: “Have you ever been arrested — regardless of adjudication ~ for any offense other than a minor traffic violation?” 6. As of October 5, 2005, the Respondent had not reported his July 1982 conviction for misdemeanor battery to the Board of Nursing. 7. Qn or about December 8, 1994, in the County Court In and For Alachua County, Florida, in Case Number 94 119 8&2 MMA, Respondent entered a plea of nolo contendere to one (1) count of disorderly conduct, a 2rd degree misdemeanor, in violation of Section 877.03, Florida Statutes. =2- Harvey Price, L_P.N.; 2005-50839 JAPSU\Nursing\Moni¢a Ryan\cases\price,harvey\2ndac.doo Sep 3 2008 14:48 P.1a@/14 SEP-@3-2088 15:24 ‘ AHCA c: 8. As of October 5, 2005, the Respondent had not reported the December 1994 entry of his plea of nolo contendere to the charge of disorderly conduct to the Board of Nursing. 9. On or about April 19, 1999, in the County Court In and For Alachua County, Florida, in Case Number 1199 MM 000 483Axx, Respondent entered a plea of nolo contendere to one (1) count of resisting an officer without violence, a 1* degree misdemeanor, in violation of Section 843.02, Florida Statutes. 10. As of October 5, 2005, the Respondent had not reported the April 1999 entry of his plea of nolo contendere to the charge of resisting an officer to the Board of Nursing. 11. Section 455.624(1)(w), Florida Statutes (1999), provides that failing to report to the board, or the department if there is no board, in writing on or before October 1, 1999, of convictions, findings, adjudications, and pleas entered to crimes in any jurisdiction by the licensee prior to July 1, 1999, constitutes grounds for disciplinary action. 12. The Respondent failed to inform the Board of Nursing in writing by October 1, 1999, that he was convicted of misdemeanor battery in July 1982. -3- tvay Price, L.P.N.; 2005-50839 a APSUWNursinglt ion Ryan\cases\price, harvey\ndac.doc Sep 3 2008 14:49 P.1i714 SEP-@3-2088 15:24 ' AHCA ry 13. The Respondent failed to inform the Board of Nursing in writing by October i, 1999, that he entered a plea of nolo contendere to one (1) . count of disorderly conduct in December 1994, 14. The Respondent failed to inform the Board of Nursing in writing by October 1, 1999, that he entered a plea of nolo contendere to one (1) count of resisting an officer without violence in April 1999. 15. Based on the foregoing, the Respondent has violated Section 455.624(1)(w), Florida Statutes (1999), by failing to report to the board, or the department if there is no board, in writing on or before October 1, 1999, of convictions, findings, adjudications, and pleas entered to crimes in any jurisdiction by the licensee prior to July 1, 1999, WHEREFORE, the Petitioner respectfully requests that the Board of Nursing enter an order impasing 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, [CONTINUED NEXT PAGE] a4 Harvey Price, L.P.N.; 2005-50839 JAPSU\Nursing\Monica Ryan\tases\orée, harvey\2ndac.doc Sep 3 2008 14:49 P.1la-14 SEP-@3-2088 15:24 . AHCA r 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. TA SIGNED this _2“¢) ~ _2U'~ day of M. Rony Francois, M. D, M.S.P.H., Ph.D, Seger, Department of Health Monica Ryan DEPART, FILED Assistant General Counsel ENT OF HEAL rp, DOH Prosecution Services Unit EPUTY Clem > Bald . 4052 Bald Cypress Way, Bin C-65 ome + Colmes Tallahassee, FL 32309-4265 Farlow Florida Bar # 0478555 : (850) 414-8126 (850) 414-1989 FAX MIR/mijr PCP: ida v PCP Members: Moan h/Ysd ~5- rey Price, L.P.N.; 2005-50839 df! \PSU\NurampMionioe Ryan\cssesiprice | harvey\2ndac.doc Sep 3 2008 14:49 t ra SEP-@3-2088 15:24 7. AHCA P.13/14 Harvey Price, L.P.N., 2005-50839 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. -G- Harvey Pries, L.P.N.; 2005-50839 JAPSU\Nursing\Monica Ryan\cages\price, harvey\éndac.dos

Docket for Case No: 08-004380PL