Aug 25 2009 11:24 AUG-25-2889 1l2tar AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NG. 2008-18878 APRIL DB. WHEELER, L.P.N. RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Compiaint before the Board of Nursing against Respondent, April D. Wheeler, 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 Administrative Complaint, Respondent was a licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number 5179029. Aug 25 2009 11:24 AUIG-25-2089 12tar AHCA P.a4 3. Respondent's address of record is 15175 North Old 3C Road, Sunbury, OH 43074. 4, Onor about June 13, 2008, the Department filed 3 Final Order in case number 2008-08006. 5. The Final Order required Respondent to pay 4 fine in tne amount of $100.00 within 30 cays from the cate of the Final Order, 6, Respondent failed to pay a fine in the amount of $100.00 ' within 30 days from the date of the Final Order. | 7. The Final Order required Respondent to pay costs in the amount of $75.00 within 30 days from the date of the Final Order. 8. Respondent failed to pay costs in the amount of $75.00 within 30 days from the date of the Final Order. 9, The Final Order required Respondent to pay restitution in the amount of $212.00 within 30 days from the date of the Final Order, 10, Respondent failed to pay restitution in the amount of $212.00 within 30 days from the date of the Final Order. ~ 11. The Fina! Order required Respondent to pay a service charge in the amount of $15.00 within 30 days from the date of the Final Order. Department of Health v. April D. Wheeler, L.PN. 2 Case Number 2008-16678 2\PSU\Nursing TR3\ACs\wheeler, April (VFO - Anas, costs).des Aug 25 2009 11:25 AUIG-25-2889 12:88 AHCA P.@S 12. Respondent failed to pay a service charge in the amount of . $15.00 within 30 days from the date of the Final Order. 13. Section 456.072(1)(a), Florida Statutes (2008), provides that violating a lawful order of the department or the board, or failing to comply with @ lawfully issued subpoena of the department, constitutes grounds for disciplinary action. 14. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2008). 15. Respondent violated a lawful order of the Department in one or more of the following ways: a. By failing to pay a fine in the amount of $100.00 within 30 days from the date of the Final Order filed in case - number 2008-08006: b. By failing to pay costs in the amount of $75.00 within 30 days from the date of the Final Order filed in case number 2008-08006; Department of Health y. April D. Wheeler, LPN, Case Number 2008-18872 2: \PSU\ Nursing \TR3\ACs\ Wheeler, April (VFO - fines, COSTS ).O05 ae Aug 25 2009 11:25 AUIG-25-2889 12:88 AHCA P.@6 G By failing to pay restitution in the amount of $212.00 within 30 days from the date of the Final Order filed in case number 2008-08006; d. By failing to pay a service charge in the amount of $15.00 within 30 days from the date of the Final Order flied in cas® number 2008-08006. 16. Based on the foregoing, Respondent violated Section 456.072(1)(q), Florida Statutes (2008), by violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department. Department of Health v. April D. Whesier, L.P.N, 4 ’ Case Number 2008-18878 3:\PSU\Nursing\TD3\aCs\ Wheeler, April (VFO - fines, epets).doc Aug 25 2009 11:25 AUG-25-2009 12:08 @HCA 7 P.a? 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 Tees billed or collected, remedial education and/or any other reef that the Board deems appropriate. NED this quit Gay of hunny _ ss, 2004, Ana M. Viamonte Rise, M.D., M.P.H. state Surge eet f SSistant General Counsel eect! OH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0011265 (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile /TLD Reviewed and approved by: (initials) (date) PCP: L KIRKp PCP Mernbers: § BOWEN 1/22/09 Department of Health v. April D, Wheeler, LPN, 5 Case Number 2008-18878 4:\PSU\Wursing\TD3\ACs\ Wheeler, april (VEO - fines, costs).dac Aug 25 2009 11:25 AUIG-25-2889 12:88 AHCA P.@8 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 456.07 2(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. Department of Health vy. Apel D, Wheeler, L-P.N, 6 Case Number 2008-18578 JAPSU\NeISING\TO3\ACS\Wheeler, April (VEO - fines, costs).aoc

Docket for Case No: 09-004646PL