STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2015-08436 JAMES BRUCE WATERS, C.N.A., RESPONDENT. ee | 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, James Bruce Waters, C.N.A., and in support thereof alleges: 1. Petitioner is the state agency 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 certified nursing assistant within the state of Florida, having been issued license number CNA 43589. 3. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2006-2014). 4. Respondent’s address of record is 1309 West 6” Street Live Oak, Florida 32064. 5. At all times material to this Complaint, Respondent was employed as a certified nursing assistant at Suwannee Health Care (SHC), located in Live Oak, Florida. 6. At all times material to this Complaint, Respondent aided in the care of Patient J.C. 7. On one or more occasions, during Patient J.C.’s stay at SHC, Respondent engaged in oral sex with Patient J.C. in the SHC facility. 8. On one or more occasions, during Patient J.C.’s stay at SHC, Respondent used the nurse-patient relationship to provide access and opportunity to engage in oral sex with Patient J.C. in the SHC facility. 9. Section 464.204(1)(b), Florida Statutes (2006-2014), 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. Department of Health v. James Bruce Waters, C.N.A. 2 Case No. 2015-08436 10. Section 464.018(1)(0), Florida Statutes (2006-2014), provides that violating any provision of chapter 464 or chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action. 11, Section 464.017, Florida Statutes (2006-2014), prohibits sexual misconduct in the practicing of nursing and defines it as: [A] 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. 12. As set forth above, on one or more occasions, Respondent used the nurse patient relationship 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, by engaging in oral sex with Patient J.C. in the. SHC facility. 13. Based on the foregoing, Respondent has violated Section . 464.204(1)(b), Florida Statutes (2006-2014), by intentionally violating Section 464.018(1)(0), Florida Statutes (2006-2014), through the intentional violation of Section 464.017, Florida Statutes (2006-2014), by intentionally using the nurse-patient relationship to engage or attempt to Department of Health v, James Bruce Waters, C.N.A, 3 Case No. 2015-08436 engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. 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 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this_/S day of __ December 2015. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health Justin D, Chang Assistant General Counsel Florida Bar No. 98905 Florida Department of Health FILED Office of the General Counsel Department Of Health 4052 Bald Cypress Way, Bin C-65 Deputy Clerk Tallahassee, FL 32399-3265 DATE’ DEC'L Bogie __-Telephone: (850) 245-4444 ext. 8108 : Facsimile: (850) 245-4662 Email: justin.chang@flhealth.gov /IDC PCP Date: 12As/is PCP Members: Vewman, Habe oud Bepartment of Health v. James Bruce Waters, C.N.A. 4 Case No. 2015-08436 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106,111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. Jarnes Bruce Waters, C.N.A. 5 Case No. 2015-08436

Docket for Case No: 16-001140PL