Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: PAUL V. GHIGLIOTTI, L.P.N.
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Health
Locations: St. Petersburg, Florida
Filed: Apr. 15, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 6, 2016.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER, .
v. CASE NO, 2015-23162
PAUL V. GHIGLIOTTI, L.P.N. |
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 against Respondent, Paul V. Ghigliotti, L.P.N.,
and in support thereof alleges: | .
1. Petitioner is the state department charged with regulating 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 licensed practical nurse (L.P.N.) within the state of
Florida, having been issued license number 981221.
3. Respondent’s address of record is 5100 68" Street North, Saint
Petersburg, Florida, 33709, |
4. Onor about June 25, 2007, in the Sixth Judicial Circuit Court, in
and for Pinellas County, Florida, Respondent entered a plea of nolo
contendere to one count of Petit Theft, a misderneanor, in violation of
Section 812.014, Florida Statutes.
5. On or about “March 5, 2014, Respondent submitted an
Application for Employment (Application) to Eagle Lake Rehab.and Care
Center, located in St. Petersburg, Florida.
6. On Respondent's Application, under the Section labelled
Attestation of Good Moral Character, Respondent responded answered no
to the question “Have you ever been convicted, or found guilty of, or .
entered:a plea of nolo contendere to, regardless of adjudication, a crime in
any jurisdiction which resulted in misdemeanor ora felony? (Does not
pertain to traffic violations,” | .
7. Section 464.018(1)(h), Florida Statutes (2013), provides that
unprofessional conduct as defined by board rule, constitutes grounds for
disciplinary action.
Department of Health v, Paul V, Ghigliottl, L.P.N. : . . 2
Case No. 2015-23162 :
8. Rule 64B9-8.005(6), Florida Administrative Code, defines
unprofessional conduct to include falsifying or altering of patient records or .
nursing progress records, employment applications or time records.
9. As set forth above, on or about March 5, 2014, Respondent
engaged in unprofessional conduct by answering “no” to the question
“have you ever been convicted, or found guilty of, or entered a plea officio.
contendere to, regardless of adjudication, a crime in any jurisdiction which
resulted in misdemeanor or a felony? (Does not pertain to traffic
violations).”
10. Based on: the foregoing, Respondent violated Section
464.018(1)(h), Florida Statutes (2013), by engaging in unprofessional
conduct as defined by Rule 64B9-8.005(6), Florida Administrative Code, to
include falsifying or altering of patient records or nursing progress records,
employment applications or time records. .
[This space intentionally left blank,]
Department of Health v. Paul V. Ghigliottl, L.P.N. 3
Case No. 2015-23162
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 22 day of _FeAyfun 2016.
John H. Armstrong, MD, FACS
State Surgeon General and Secretary of Health
DEP, PEED sam 4052 Bald Cypress Way, Bin C-65
, EPUTY CLERK Tallahassee, Florida 32399-3265
CLERK: Florida Bar Number 0028242
Telephone: (850) 245 - 4444
" FEB 2 8 2016 Facsimile: (850) 245 - 4662
—_——— E-mail: Jenna.Partin@flhealth.gov
/3DP
PCP: February 23, 2016
PCP Members: Colin (Chair) and Hubbard
Case No, 2015-23162
~ Department of Health v. Paul V. Ghigliotti, L.P.N. 4
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 shail
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. Paul V. Ghigllott, L.P.N. 5
Case No. 2015-23162
Docket for Case No: 16-002073PL
Issue Date |
Proceedings |
Jul. 06, 2016 |
Order Cancelling Final Hearing, Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 06, 2016 |
Petitioner's Notice of Filing Proposed Exhibits for Final Hearing filed.
|
Jul. 05, 2016 |
Petitioner's Proposed Exhibit List filed.
|
Jul. 05, 2016 |
Petitioner's Proposed Witness List filed.
|
Jun. 28, 2016 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 28, 2016 |
Order Deeming Admissions.
|
Jun. 14, 2016 |
Motion to Deem Admissions Admitted filed.
|
May 12, 2016 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for July 11, 2016; 9:30 a.m.; St. Petersburg, FL).
|
May 12, 2016 |
CASE STATUS: Motion Hearing Held. |
May 06, 2016 |
Petitioners Motion for Continuance of Final Hearing filed.
|
May 04, 2016 |
Notice of Appearance filed.
|
Apr. 26, 2016 |
Order of Pre-hearing Instructions.
|
Apr. 26, 2016 |
Notice of Hearing by Video Teleconference (hearing set for May 23, 2016; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
|
Apr. 25, 2016 |
Unilateral Response to Initial Order filed.
|
Apr. 19, 2016 |
Notice of Serving Petitioner's First Request for Admissions, Interrogatories and Production of Documents filed.
|
Apr. 18, 2016 |
Initial Order.
|
Apr. 15, 2016 |
Election of Rights filed.
|
Apr. 15, 2016 |
Administrative Complaint filed.
|
Apr. 15, 2016 |
Agency referral filed.
|