STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2011-10896 SUE HENSHAW MYATT, N.H.A, RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing Home Administrators against Respondent, Sue Henshaw Myatt, N.H.A., and in support alleges: 1. Patitioner is the state department charged with regulating the practice of nursing home administration pursuant to Section 20.43, Florida Statutes (2011); Chapter 468, Part IL, Florida Statutes (2011). 2. At all times material to this Administrative Complaint, Respondent was a nursing home administrator (N.H.A.) within the state of Florida, having been issued license number NHA 4964. Filed January 27, 2012 10:10 AM Division of Administrative Hearings 3. Respondent's address of record is 5333 SW 75" Street #Z-151, Gainesville, FL 32608 4. The Department has reason to believe that Respondent’s current address is 25138 Folly Creek Club Lane, Accomac, Virginia 23301. 5. At all times material to this Administrative Compiaint, Respondent was employed as a nursing home administrator at Williston Rehabilitation and Nursing Center, located in Williston, Florida. 5. On or about March i, 2010, Respondent hired Michael Baron Sweet (Sweet) as Director of Nursing at Williston Rehabilitation and Nursing Center. Sweet acted as the Director of Nursing from March 1, 2010, through May 12, 2010. 6, At all times material to this Administrative Complaint, Sweet was not licensed as a nurse in the State of Florida, 7, Respondent knew that Sweet was not licensed as a nurse in the State of Florida when she hired him as Director of Nursing. 8. Respondent has not updated her mailing address with the Department. Department of Health v. Sue Henshaw Myatt, N.H.A. 2 Case Number 2011-10896 J:\PSU\Allied Health \Lealand\NHA\Myatt 201110896\Myatt 201110896 AC.doc COUNT ONE 9. Petitioner realleges and _ Incorporates paragraphs one. (1) through eight (8), as if fully set forth herein. 10. Section 456.072(1)(k), Florida Statutes (2010), provides that failing to perform any statutory or legal obligation placed upon a licensee is grounds for disciplinary action against a licensee. 11. Section 400.021(16), Florida Statutes (2010), requires that the Nursing Director of a nursing home be a registered nurse. 12. Sweet was not a registered nurse in the state of Florida at any time during his employment by Respondent as Director of Nursing at Williston Rehabilitation and Nursing Center, 13. Based on the foregoing, Respondent violated Section 456.072(1)(k), Florida Statutes (2010), by hiring Sweet to be Director of Nursing at Williston Rehabilitation and Nursing Center when he was not licensed as a registered nurse in the state of Florida. COUNT TWO 14, Petitioner realleges and incorporates paragraphs one (1) through eight (8), as if fully set forth herein. Department of Health v. Sue Henshaw Myatt, N.H.A. 3 Case Number 2011-10896 2:\PSU\Aliied Health\Leaiand\NHA\Myatt 201110896\Myatt 201110896 AC.doc 15. Section 456.072(1)(j), Florida Statutes (2010), provides that aiding, assisting, procuring, employing, or advising any unlicensed person to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the Department or the Board is grounds for disciplinary action against a licensee. 16. Respondent knew Sweet was not licensed as a nurse in Florida when she hired him as Director of Nursing. 17, Based on the foregoing, Respondent violated Section 456.072(1)(j), Florida Statutes (2010), by hiring Sweet as Director of Nursing when she knew he was not licensed as a nurse in the State of Florida. COUNT THREE 18. Petitioner realleges and incorporates paragraphs one () through eight (8), as if fully set forth herein. 19. Rule 59A-4.108(1), Florida Administrative Code provides that the Administrator of each nursing home will designate on full time registered nurse as Director of Nursing. Department of Health v. Sue Henshaw Myatt, N.H.A. 4 Case Number 2011-10896 J:\PSU\Allied Health\Lealand\NHA\Myatt 201110896\Myatt 201110896 AC.doc 20. Section 456.072(1)(k), Florida Statutes (2010), provides that failing to perform any statutory or legal obligation placed upon a licensee is grounds for disciplinary action against a licensee. 21. Sweet was not a registered nurse in the state of Florida at any time during his employment by Respondent as Director of Nursing at Williston Rehabilitation and Nursing Center. 22, Based on the foregoing, Respondent violated Section 456.072(1)(k), Florida Statutes, by hiring a person not licensed as a registered nurse as Director of Nursing at Williston Rehabilitation and Nursing Center. COUNT FOUR 23. Petitioner realleges and incorporates paragraphs one (1) through eight (8), as if fully set forth herein. 24. Section 456.035(1), Florida Statutes (2010), provides that each licensee of the Department is solely responsible for notifying the Department in writing of the licensee's current mailing address and place of practice, and that violation of this section is grounds for disciplinary action against a licensee. Department of Health v. Sue Henshaw Myatt, N.H.A, 5 Case Number 2011-10896 JA\PSU\Allied Health \Leatand\NHA\Myatt 20111 0B96\Myatt 201110896 AC,doc 25. Respondent has not notified the Department of the change in her address. 26. Based on the foregoing, Respondent violated Section 456.035(1), Florida Statutes (2010), by failing to notify the Department of her current mailing address and place of practice. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing Home Administrators 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. Department of Health v. Sue Henshaw Myatt, N.H.A, 6 Case Number 2011-10896 JA\PSU\Allied Health\Laaiand\NHA\Myatt 201110896\Myatt 201110896 AC.doc SIGNED this _} 37h day of (Jecembor , 2011, H. Frank Farmer, Jt., M.D., Ph.D., FA.C.P, State Surgeon General Lealand Lane McCharen Assistant General Counsel DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, Florida 32399-3265 CLERK Angel Sand, ne Florida Bar Number 400343 pate DEC 18 201 (850) 245 - 4640 Telephone (850) 245 - 4682 Facsimile PCP: 12/09/2011 PCP Members: Goodman and Freeman Department of Heaith v, Sue Henshaw Myatt, N.H:A. Case Number 2011-10896 J:\PSU\Allied Health\Lealand\NHA\Myatt 201 110896\Myatt 201110896 AC.doc 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. Department of Health v. Sue Henshaw Myatt, N.H.A. 8 Case Number 2011-10896 J:A\PSU\Altied Health \Leatand\NHA\Myatt 201110896\Myatt 201110896 AC.doc

Docket for Case No: 12-000419PL