STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-18005 STERLA N. FOMINYAM, C.N.A., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Nursing against Respondent Sterla N. Fominyam, C.N.A., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing assistants pursuant to Chapters 20.43, Florida Statutes (2016); Chapter 456, Florida Statutes (2016); and Chapter 464, Florida Statutes (2016). 2. Atall times material to this Complaint, Respondent was certified to practice as a nursing assistant within the State of Florida, having been issued Certification Number CNA 311968. At all times material to this Complaint, Respondent was employed as a nursing assistant at ResCare Bayview Community Home (ResCare), in Clearwater, Florida. 3. Respondent’s address of record is 221 Lake Avenue Northeast, Apartment 116, Largo, Florida 33771. 4. CW. is a sixty-one-year-old female patient at ResCare. 5. On or about May 8, 2016, Respondent slapped Patient C.W. across the face and/or flicked Patient C.W. in the mouth. 6. Onor about May 8, 2016, Respondent told Patient C.W. to “Get your a[**] ready. You have no family because you are a mean and hateful woman, that’s why everyone left you here.” 7. Respondent then stated “Where's my whip, I will whip you if you don’t shut your mouth.” COUNT I 8. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. 9. Section 464.204(1)(b), Florida Statutes (2015-2016), subjects a certified nursing assistant to discipline, including suspension, for intentionally violating any provision of Chapter 464, Florida Statutes (2015-2016), Chapter 456, Florida Statutes (2015-2016), or the rules adopted by the board. DOH v. Sterla N. Fominyam, C.N.A. 2 DOH Case Number 2016-18005 10. Section 464.018(1)(h), Florida Statutes (2015-2016), subjects a licensee to discipline for unprofessional conduct. Rule 64B9-8.005(13), Florida Administrative Code (2015-2016), defines unprofessional conduct as including using force against a patient or striking a patient. 11. Respondent used force against or struck Patient C.W. in one or more of the following ways: a. Slapping her, and/or b. Flicking her on the mouth. 12. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2015-2016), by intentionally violating Section 464.018(1)(h), Florida Statutes (2015-2016), by committing professional misconduct as defined in Rule 64B9-8.005(13), Florida Administrative Code (2015-2016), by using force against or striking a patient. COUNT II 13. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. 14. Section 464.204(1)(b), Florida Statutes (2015-2016), subjects a certified nursing assistant to discipline, including suspension, for intentionally violating any provision of Chapter 464, Florida Statutes (2015-2016), DOH v. Sterla N. Fominyam, C.N.A. 3 DOH Case Number 2016-18005 Chapter 456, Florida Statutes (2015-2016), or the rules adopted by the board. 15. Section 464.018(1)(h), Florida Statutes (2015-2016), subjects a licensee to discipline for unprofessional conduct. Rule 64B9-8.005(14), Florida Administrative Code (2015-2016), defines unprofessional conduct as including using abusive, threatening, or foul language against a patient or directing such language towards a patient. 16. Respondent used or directed abusive, threatening, or foul language at Patient C.W. by using profanity and/or speaking to her in a threatening manner. 17. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2015-2016), by intentionally violating Section 464.018(1)(h), Florida Statutes (2015-2016), by committing professional misconduct as defined in Rule 64B9-8.005(14), Florida Administrative Code (2015-2016), by using or directing abusive, threatening, or foul language at a patient. 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 certification, restriction DOH v. Sterla N. Fominyam, C.N.A. 4 DOH Case Number 2016-18005 of practice, imposition of an administrative fine, issuance of a reprimand, placement of 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_T** day of _Auwgust , 2016. Celeste Philip, MD, MPH Surgeon General and Secretary VOU hn Wilson ssistant General Counsel ae) DOH Prosecution Services Unit epartment OF Heal 4052 Bald Cypress Way, Bin C-65 Deputy Clerk Tallahassee, Florida 32399-3265 Angel one Florida Bar Number 84798 nye 09 20 (P) 850-245-4444, extension 8167 - (F) 850-245-4662 (E) john.wilson@flhealth.gov PCP Date: August 9, 2016 PCP Members: Claydell Horne, Lori Desmond DOH v. Sterla N. Fominyam, C.N.A. 5 DOH Case Number 2016-18005 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 pursuant to 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 all 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. OOH v. Sterla N. Fominyam, C.N.A. 6 DOH Case Number 2016-18005

Docket for Case No: 16-005771PL