’ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, vs. Case No. 2011-09773 - JEFFREY HARRIS, 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, Jeffrey Harris, L.P.N., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing assistance pursuant to Section 20.43, Florida Statutes (2010- 2011); and Chapters 456 and 464, Florida Statutes (2010-2011). 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 5182395. 3. Respondent's address of record is 3952 Fifth Avenue North, Saint Petersburg, Florida, 33713. Filed October 13, 2011 11:43 AM Division of Administrative Hearings 4. At all times material to this Complaint, Respondent was employed as an L.P.N..in the Mental Health Unit (MHU) at Veterans Affairs Medical Center, Bay Pines (VAMC Bay Pines), in Bay Pines, Florida. _ FACTS AS TO-UNNAMMED PATIENT 5. On or about April 18, 2009, Respondent made inappropriate comments to a male psychiatric patient regarding the size of the patient’s genitals while he was assisting the patient with his admission to the MHU at VAMC Bay Pines. 6. Respondent made additional comments of a sexual nature to the patient while escorting him to the shower on April 18, 2009. FACTS AS TO PATIENT W.C, 7. Patient W.C., a 29-year-old male combat veteran, was admitted to Unit 1-5 at the MHU at VAMC Bay Pines on July 5, 2010. He was released from VAMC. Bay Pines on July 8, 2010. 8. During Patient W.C.’s admission to VAMC Bay Pines, Respondent attempted to pull Patient W.C.’s genitals out of his pants numerous times and pinched Patient W.C.’s penis a few times. 9. On one occasion, Respondent watched Patient W.C. while he was showering and asked the patient to masturbate so that he could watch. Respondent also told Patient W.C. that they should get together upon the patient's release from VAMC Bay Pines. 10, Upon Patient W.C.’s release from VAMC Bay Pines, Respondent followed him to the parking lot and asked Patient W.C. to exchange telephone numbers with him. Respondent gave Patient W.C. his telephone number and told him to dial Respondent's phone from the patient’s phone so that Respondent could obtain his phone number. Patient W.C. did as Respondent asked so that Respondent would leave him alone. Respondent calied Patient W.C.'s phone five or six times following the patient's release from VAMC Bay Pines and left him messages asking him to return the calls. FACTS AS TO PATIENT B.R. 11. On or about December 4, 2010, Patient B.R., a 29-year-old male combat veteran was admitted to Unit 1-4 at the MHU at VAMC Bay Pines. 12. After Patient B.R. arrived at the MHU, Respondent asked the patient questions about being a “swinger” and whether he and another man had ever had sex with a woman at the same time. Respondent also asked Patient B.R. where he lived and told him that, after VAMC Bay Pines released the patient, he and the patient should get together for drinks and then go to Respondent's house. 13. Respondent was assigned to work in Unit 1-4 on December 7, 2010. An observation flow form for Unit 1-4 shows that between 6:45 p.m. and 11:00 p.m. in December 7, 2010, Respondent was the employee supervising Patient B.R. while the patient was in his assigned room. 14. Respondent's duties on December 7, 2010 also included ensuring that patients in Unit 1-4, including Patient B.R., properly bathed themselves. That evening, Respondent informed Patient B.R. that he would have to shower separately from the other patients. When Patient B.R. came out of his room to shower with the rest of the men in Unit 1-4, J.H., another L.P.N. at VAMC Bay Pines overheard Respondent tell Patient B.R. “we will shower later” and “we will do you later.” | | 15. On December 7, 2010, Respondent personally escorted Patient B.R. to the shower room and went inside the shower room with him. Respondent told Patient B.R. that he wanted to see him get an erection. Patient B.R. entered the shower and began to wash himself, and Respondent gave him jubricant and told him to masturbate with it. Patient B.R. put the lubricant on his hand and pretended to masturbate, but let the lubricant run off of his hand and down the shower drain. Respondent watched Patient B.R. shower and gave him soap. Respondent stood in Patient B.R.’s way to prevent him from leaving the shower. Once Respondent finally allowed Patient B.R.-to: step out of the shower, he refused to immediately give the patient a towel. 16. Patient B.R. returned to his room and attempted to sleep, but Respondent woke him up three times and whispered to him. that he wanted to see him get an erection. At one point, Respondent put his hand under Patient B.R.’s sheets and touched his penis. Patient B.R. told Respondent to stop, but Respondent continued fondling Patient B.R. At the time of this incident, Patient B.R. was being treated with Tramadol, which affected his ability. to rebuff Respondent’s advances. 17. Tramadol, commonly known by the brand name Ultram, is an opioid class medication prescribed to treat pain. Tramadol is a legend drug, but not a controlled substance. However, Tramadol, like all opioid class drugs, can affect mental alertness, is subject to abuse, and can be habit forming. 18. Respondent eventually left Patient B.R.’s room, but returned later that evening, woke him up, and directed him to go to the bathroom. Patient B.R. continued to feel weak and disoriented: due.to the Tramadol. Respondent walked Patient B.R. to the shower room, shut the door and told the patient to drop his pants. Respondent sat down on a chair, put his hands behind Patient B.R.’s legs and pulled the patient toward him. Respondent then performed oral sex on Patient B.R. without his consent. Patient B.R. repeatedly told 5 Respondent to stop. Respondent told Patient B.R. not to tell anyone about the incident because no one would believe him and Patient B.R. could get into trouble. Respondent’s physical stature was larger than that of Patient B:R., and Patient B.R. was intimidated by Respondent. COMPREHENSIVE FINDINGS OF FACT 19. On or about March 23, 2011, Respondent wrote a letter to the Department of Veterans Affairs (VA), Bay Pines VA Healthcare System (Bay Pines), in which he admitted that he “got involved with a male patient on the job” and that he touched the patient. 20. Bay Pines VA terminated Respondent's employed on April 17, 2011, due to its finding that Respondent engaged in patient abuse of sexual nature and inappropriate behavior toward a patient. 21. On or about May 5, 2011, Respondent admitted to three instances of sexual contact between him and Patient B.R. on December 7, 2010. He admitted that he retrieved some lubricant from the storage cabinet in the MHU and gave it to Patient B.R. to use for masturbation. Respondent admitted that he knew Patient B.R. was under the influence of medications while he was a patient at VAMC Bay Pines. Respondent also admitted that he had sexual contact with Patient W.C. while he was a patient at VAMC Bay Pines, and that he took advantage of Patient B.R. and Patient W.C. and sexually assaulted both of them. 22. Respondent wrote letters to Bay Pines VA on or about about May 10, and May. 26, 2011. In those letters he admitted his wrongdoing, referred to his admitted involvement with a patient as “the unfortunate incident in December” and described the patient with whom he was involved as the “victim”. 23. Section 464.018(1)(0), Florida Statutes (2010), provides that a licensed practical nurse is subject to discipline for violating any provision of Chapters 456 or 464, Florida Statutes (2010), or any rules adopted pursuant thereto. 24. Section 464.017, Florida Statutes (2010), provides that the nurse- patient relationship is founded on mutual trust. Sexual misconduct in the practice of nursing means violation of the nurse-patient relationship through which the nurse uses said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of nursing is prohibited. 25. Respondent engaged in sexual misconduct in the practice of nursing in one or more of the following ways: a. - - By commenting about the size of a patient’s genitals while assisting the patient upon admission to the MHU; By attempting to pull Patient W.C.’s genitals out of his pants and pinching Patient W.C.'s penis; By asking Patient W.C. to masturbate while showering so that Respondent could watch; By asking Patient B.R. inappropriate questions about sexual activity; By telling Patient B.R. that he wanted to see him get an erection and masturbate and by encouraging Patient B.R. to masturbate; By repeatedly coming into Patient B.R.'s room and telling him that he wanted to see him get an erection; ‘By reaching under Patient B.R.’s sheets and touching Patient B.R.’s penis; and/or By performing oral sex on Patient B.R. 26. \ Based on the foregoing, Respondent violated Section 464.018(1)(0), Florida Statutes (2010), by violating Section 464.017, Florida Statutes (2010), by engaging in sexual misconduct with patients. 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 or any other relief that the Board deems appropriate. SIGNED this 2" day of Nie __, 2011. H. Frank Farmer, Jr., MD, PhD, FACP State Surgeon General Assistant General Counsel DOH Prosecution Services Unit PILED. yenttl 4052 Bald Cypress Way, Bin C-65 pEPARTMENY CLERK Tallahassee, FL 32399-3265 ie Florida Bar # 0021640 uerK Mean (850) 245-4640 pave (850) 245-4683 FAX pcp: 7/38/20! PCP Members: Lorton x Horn DOH V. JEFFREY HARRIS, L.P.N. Case No. 2011-09773 DOH V. JEFFREY HARRIS, L.P.N. Case No. 2011-09773 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.

Docket for Case No: 11-005283PL