Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: CHRISTINE NICOLE FAUST, L.P.N.
Judges: F. SCOTT BOYD
Agency: Department of Health
Locations: Miami, Florida
Filed: Oct. 11, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 14, 2016.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2015-28809
CHRISTINE NICOLE FAUST, 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, Christine Nicole Faust, L.P.N., and in
support thereof alleges:
1. Petitioner is the state agency 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 PN 5212197,
3. | Respondent’s address of record is 210 Ramsbury Court,
Longwood, Florida 32779.
4. Respondent may be found at 965 Biarritz Drive, Apartment 6,
Miami, Florida 33414 or 9555 Blind Pass Road, Saint Petersburg Beach,
Florida 33706.
5. On or about February 17, 2016, in the Circuit Court in and for
Pinellas County, Florida, Respondent entered pleas of guilty to one count of
Possession of Amphetamine, a third-degree felony violation of Section
893.13(6)(a), Florida Statutes (2015); one count of Possession of Marijuana,
a misdemeanor; and one count of Driving Under the Influence, a
misdemeanor.
6. Possession of Amphetamine, Possession of Marijuana, and
Driving Under the Influence are crimes which relate to the practice of, or
ability to practice, licensee’s profession; nursing.
7. Respondent failed to report to the Board, in writing, within thirty
days of entering the pleas of guilty.
COUNT I
8. Petitioner realleges and incorporates paragraphs one through
seven as if fully set forth herein.
nm
Department of Health v, Chiristine Nicole Faust, L.P.N
Case Number 2015-28809
9. Section 456.072(1)(c), Florida Statutes (2015), provides that
being convicted or found guilty of, or entering a plea of guilty or nolo
contendere to, regardless of adjudication, a crime in any jurisdiction which
relates to the practice of, or the ability to practice, a licensee’s profession,
constitutes grounds for disciplinary action.
10. As set forth above, on or about February 17, 2016, Respondent
entered pleas of guilty to one count of Possession of Amphetamine, one
count of Possession of Marijuana, and one count of Driving Under the
Influence, all crimes which relate to the practice of, or ability to practice,
licensee's profession; nursing.
11. Based on the foregoing, Respondent violated Section
456.072(1)(c), Florida Statutes (2015), for being convicted or found guilty
of, or entering a plea of guilty or nolo contendere to, regardless of
adjudication, a crime in any jurisdiction which relates to the practice of, or
the ability to practice, a licensee’s profession.
COUNT II
12. Petitioner realleges and incorporates paragraphs one through
seven as if fully set forth herein.
Department of Health v. Christine Nicole Faust, L.P.N
Case Number 2015-28809
13. Section 464.018(1)(e), Florida Statutes (2015), provides that
having been found guilty of, regardless of adjudication, or entered a plea of
nolo contendere or guilty to, any offense prohibited under Section 435.04 or
under any similar statute of another jurisdiction; or having committed an act
which constitutes domestic violence as defined in Section 741.28, constitutes
grounds for disciplinary action.
14. Section 435.04(2)(ss), Florida Statutes (2015), lists violations of
Chapter 893, relating to drug abuse prevention and control, only if the
offense was a felony or if any other person involved in the offense was a
minor.
15. As set forth above, on or about November 18, 2015, Respondent
entered a plea of guilty to one count of Possession of Amphetamine, a third-
degree felony violation of Section 893.13(6)(a), Florida Statutes (2015).
16. Based on the foregoing, Respondent violated Section
464.018(1)(e), Florida Statutes (2015), by having been found guilty of,
regardless of adjudication, or entered a plea of nolo contendere or guilty to,
any offense prohibited under Section 435.04, which prohibits violations of
Chapter 893, relating to drug abuse prevention and control, only if the
Department of Health v. Christine Nicole Faust, L.P.N.
Case Number 2015-28809
offense was a felony or if any other person involved in the offense was a
minor.
COUNT IIT
17. Petitioner realleges and incorporates paragraphs one through
seven as if fully set forth herein.
18. Section 456.072(1)(x), Florida Statutes (2015), provides that
failing to report to the board, or the department if there is no board, in
writing within 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 constitutes grounds for disciplinary action.
19. Asset forth above, Respondent failed to report entering pleas of
guilty to the crimes of Possession of Amphetamine, Possession of Marijuana,
and Driving Under the Influence, to the Board of Nursing in writing within
thirty days after Respondent entered the pleas.
20. Based on the foregoing, Respondent violated Section
456.072(1)(x), Florida Statutes (2015), by failing to report to the board, or
the department if there is no board, in writing within 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.
Department of Health v. Christine Nicole Faust, LPN
Case Number 2015 28809
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 26 f_ day of _\ \u!4 , 2016.
Celeste Philip, MD, MPH
Ae Suygeon General and Secretary of Health
ee I in oe
gale -
JUDSON SEARCY /
Assistant General Counsel
Fla, Bar No. 98772
FILED Florida Department of Health
DEPARTMENT OF HEALTH Prosecution Services Unit
DEPUTY CLERK 4052 Bald Cypress Way, Bin #C65
. Tallahassee, FL 32399-3265
RK: 7
CLE purota. fernarc Telephone: (850) 245-4444 ex. 8100
pate (July 26, DLC Facsimile: (850) 245-4683
Email: judson.searcy@flhealth.gov
PCP: 07/26/2016
PCP Members: Claydell Horne & Lori Desmond
Department of Health v. Christine Nicole Faust, L.P.N 6
Case Number 2015-28809
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 Heallh v. Christine Nicole Faust, PN
Case Number 2015 28809
Docket for Case No: 16-005867PL
Issue Date |
Proceedings |
Nov. 14, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Nov. 10, 2016 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Nov. 07, 2016 |
Notice of Dismissal of Count Three of the Administrative Complaint filed.
|
Nov. 02, 2016 |
Undeliverable envelope returned from the Post Office.
|
Oct. 31, 2016 |
Undeliverable envelope returned from the Post Office.
|
Oct. 20, 2016 |
Order of Pre-hearing Instructions.
|
Oct. 20, 2016 |
Notice of Hearing by Video Teleconference (hearing set for December 5, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
|
Oct. 18, 2016 |
Joint Response to Initial Order filed.
|
Oct. 12, 2016 |
Notice of Serving Petitioner's First Request for Admissions, First Request for Production of Documents and Things, and First Set of Interrogatories filed.
|
Oct. 12, 2016 |
Notice of Appearance (Angela Chiang) filed.
|
Oct. 11, 2016 |
Initial Order.
|
Oct. 11, 2016 |
Election of Rights filed.
|
Oct. 11, 2016 |
Administrative Complaint filed.
|
Oct. 11, 2016 |
Agency referral filed.
|