Feb 1? 2010 11:15 FEB-17?-2618 12:83 AHCA P.@3 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NG. 2009-09759 SIRRONDA L. WELLS, C.N.A., RESPONDENT. f ADMINISTRATIVE COMPLAINT COMES NOW, Patitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Sirronda L. Wells, C.N.A., and in support thereof alleges: 1. Petitioner is the state department charged with reguiating 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 certified nursing assistant (C.N.A.) within the state of Florida, having been issued license number CNA 114564. Feb 1? 2010 11:15 FEB-17?-2618 12:64 AHCA 3. Respondent's address of record is P.O. Box 11798, Jacksonville, FL 32239. 4. Onor about February 28, 2006, in the County Court, In and For Duval County, Florida, in case number 2005-MM-46015 AXXx, Respondent pied nolo contendere to the charge of Battery. 5. Onor adout February 28, 2006, in the County Cour, In and For Duval County, Florida, in case number 2005-MM-45015 AXXX, Respondent pled nolo contenders to the charge of Trespass. | 6. Resnondent failed to report her plea in writing to the Board within thirty (30) days of entering the plea. COUNT ONE 7 Patitioner realleges and incorporates paragraphs one (1) through six (6), as if fully set forth herein. 8. Section 464.204(1)(b), Florida Statutes (2005), provides that intentionally violating any provision of Chapter 464, Chapter 456, or the rules adopted by the board, constitutes grounds for which the board may impose disciplinary sanctions. 9, Section 456.072(1)(c), Florida Statutes (2005), provides that baing convicted or found guilty of, or entering a plea of guilty or noio Department of Health v. Sirronda L. Wells, C.N.A. 2 Case Number 2009-09759 7:\PSU\Nursing\TD3\ACs\Wells, Sirranda - related, fallure to report.doc FEB-17?-2618 12:64 AHCA Feb 1? 2010 11:16 contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of, or the ability to practice, a licensee's profession constitutes grounds for discipline. 10. Respondent is jicensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4}, Fierida Statutes (2005). 41. Onor about February 28, 2006, in the County Court, In and For Duval County, Florida, in case number 2005-MM-46015 AXXX, Respondent pled nalo contendere to the charge of Battery. 12, Accertified nursing assistant is one of a handful of categories of licensed professionals that provide direct patient care, in many instances, to minors, the elderly or those with long-term infirmities, often in patient's homes or in nursing home settings. Many of these patients are vulnerable to abuse and other misconduct. As such, pleading nolo contendere to the crime of Battery relates to the practice, or the ability to practice, a certified nursing assistant’s profession and violates the level of trust and confidence invested by the Legislature in these categories of licensees. 13. Based on the foregoing, Respondent vioiated Section 464.204(1)(b), Florida Statutes (2005), by intentionally violating Section © Department of Health v, Sirronda L. Wells, C.N.A. 3 Case Number 2009-09759 J:\PSU\Nursing\TD3\ACs\Wells, Sirronda - related, failure to report.dac Feb 1? 2010 11:16 FEB-17?-2618 12:64 AHCA P.@6 456.072(1){c), Florida Statutes (2005), by being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of, or the ability to practice, a ficensee’s profession. COUNT TWO i4. Patitioner realleqes and incorporates paragraphs one (1} through six (6), as if fully set forth herein. {5. Section 464.204(1)(b), Florida Statutes (2005), provides that intentionally violating any provision of Chapter 464, Chapter 456, or the rules adopted by the board, constitutes grounds for which the board may impose disciplinary sanctions. 16. Section 456.072(1)(x), Florida Statutes (2005), provides that failing to report to the board, or the department if there is no board, in writing within thirty (30) days afier the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for disciplinary action. Deparcment of Health v, Sirronda L. Wells, GNA. 4 Case Number 2009-09759 :\PSU\Nursing\ TDS\ACs\Wells, Sirronda - related, failure to report.doc cER-IT-on1n 12108 auca Feb 1? 2010 11:16 Pa? 17. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4}, Florida Statutes (2005). 18. Respondent violated Section 456.072(1)(x), Florida Statutes in one or more of the following ways: a. By failing to report the plea of nolo contendere to the crime of Battery to the Board within 30 days after entering the plea; b. By failing to report the pléa of nolo contendere to the crime of Trespass to the Board within 30 days after entering the plea. 19. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2005), by intentionally violating Section 456.072(1)(x) Florida Statutes (2005), by failing to report to the board, or the department if there is no board, in writing within thirty (30) days after the licensee has been convicted or found guilty of, or antered a piea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. Department of Health v, Sirronda L. Wells, C.N.A, 4 Case Number 2009-09759 1:\PSU\Nursing\TD3\ACs\Wells, Sirronda - rélared, railure to report.doc Feb 1? 2010 11:17 FEB-17?-2618 12:65 AHCA P.@8 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 faas billed or collected, remedial education and/or any other ratief that tne Board deems appropriate. SIGNED this 20% day of November F Ana M. Viamonte Rose, M.D., M.P.H. 2004. DEPARTMENT OF HEALTH! CLERK: oe y | WL Hh: . A i? vt Ayr hornad L. Dickens, fii bare__{ lap ]09_ Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0063867 (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile /TLD POP: 2 ONT & §, BOWEN PCP Mambers: Department of Health v. Sirronda L. Wells, C.N.A. 6 Case Number 2009-09759 J.\PSU\Nursing\TOS\ACs\Wells, Sirranda - related, failure to repert.doc Feb 1? 2010 11:17 FEB-17?-2618 12:65 AHCA P.@9 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 om 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 4 disciplinary matter, which may include attorney hours anc costs, on the Respondent in addition to any other discipline imposed. Department of Health y, Sirronda L. Wells, C.N.A. 7 Case Number 2008-09759 JAPSU Nursing TOS\ACA Wel, Sirronda - related, failure to renort.doc

Docket for Case No: 10-000850PL