STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Ve CASE NO. 2010-18825 STEPHANIE AARRON LEE BRISSETTE, 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, Stephanie Aarron Lee Brissette, 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; 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 LPN 5183555. Filed July 12, 2012 12:02 PM Division of Administrative Hearings 3. Respondent's address of record is 404 South Six Street, Leesburg, Florida 34748. 4. Respondent's current address may be 916 Sumter Street, Apt. #A, Leesburg, Florida 34748. 5. At all times material to this Administrative Complaint, Respondent was a caregiver for R.K., then an eighty-five year old male, in Leesburg, Florida. 6, On or about October 14, 2009, Respondent cashed check #2814, in the amount of $600.00, which was taken from R.K. without his authorization. 7. On or about October 30, 2009, Respondent cashed check #2813, in the amount of $600.00, which was taken from R.K. without his authorization. 8. On or about October 14, 2009, Respondent cashed check #2879, in the amount of $720.00, which was taken from R.K. without his authorization. 9. On or about July 30, 2010, in case number 2009-CF-003320C, in the Circuit Court of the Fifth Judicial Circuit in and for Lake County, Department of Health v, Stephanie Brissette, L.P.N. 2 Case Number 2010-18825 JA\PSU\Nursing\Jodi-Ann Johnson\Administrative Compiaints\Miscellaneous\Brissette, Stephanie (stealing from pt, failure-to report).doc Florida, Respondent entered a plea of nolo contendere to three counts of issuing a worthless check. 10. Respondent failed to report the plea of nolo contendere to three counts of issuing a worthless check to the Board of Nursing, in writing, within thirty (30) days of the date Respondent entered the plea.. COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if fully set forth herein. 12. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2010), 13. Section 464.018(1)(h), Florida Statutes (2009), provides that unprofessional conduct as defined by board rule constitutes grounds for ‘disciplinary action, 14. Rule 64B9-8.005(4), Florida Administrative Code, provides that unprofessional conduct includes stealing from a patient. 15. Respondent engaged in unprofessional! conduct in one or more of the following ways: Department of Health v. Stephanie Brissette, L.P.N. Case Number 2010-18825 3:\PSU\Nursing\Jodi-Ann Johnson\Administrative Complaints\Miscellaneous\Brissette, Stephanie (stealing from pt, failure to report).doc tu a. By cashing a check #2814 in the amount of $600, which was taken from Respondent without his authorization; b. By cashing a check #2813 in the amount of $600, which was taken from Respondent without his authorization; C By cashing a check #2879 in the amount of $720, which was taken from Respondent without his authorization. 16. Based on the foregoing, Respondent violated Section 464.018(1)(h), Florida Statutes (2009), by engaging in unprofessional conduct as defined by Rule 64B9-8.005(4), Florida Administrative Code, to include stealing from a patient. COUNT TWO 17. Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if fully set forth herein. 18. Section 456.072(1)(x), Florida Statutes (2010), provides that 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 Department of Health v. Stephanie Brissette, L.P.N, 4 Case Number 2010-18825 3:\PSU\Nursing\Jodi-Ann Johnson\Administrative Complaints\Miscelianeous\Brissette, Stephanie (stealing from pt, failure to report).doc found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes grounds for discipline. 19. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2010). 20. Respondent failed to report to the Board by failing to report the plea of nolo contendere to three counts of issuing a worthless check to the Board of Nursing, in writing, within thirty (30) days of the date Respondent entered the plea. 21. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2010), failing to report to the board in writing within thirty (30) days after 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. 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 Department of Health v, Stephanie Brissette, L.P.N. 5 Case Number 2010-18825 J:\PSU\Nursing\Jodi-Ann Johnson\Administrative Complaints\Miscellaneous\Brissette, Stephanie (stealing from pt, failure to report).doc fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this_ 24 dayof_ Maro 2011. State Surgeon General ae dine eu Jddi-Ann V. Johnson pant General Coun al H Prosecution Services Unit DEPARTMENT DEPUTY GLERK 4052 Bald Cypress Way, Bin C-65 CLERK: SA vedlon, Sify Tallahassee, Florida 32399-3265 MAR 25 Florida Bar Number 0073525 DATE: WIA. 2o 201] \ nce (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile /N3 PCP: PCP Members: 3/24/11 C HORNE & £L. HORTON Department of Health v. Stephanie Brissette, L.P.N. 6 Case Number 2010-18825 J:\PSU\Nursing\Jodi-Ann Johnson\Administrative Complaints\Miscellaneous\Brissette, Stephanie (stealing from pt, failure to report).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. Stephanie Brissette, L.P.N. Case Number 2010-18825 J:\PSU\Nursing\Jodi-Ann Johnson\Administrative Complaints\Miscellaneous\Brissette, Stephanie (stealing from pt, failure to report).doc

Docket for Case No: 12-002389PL