STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2015-09307 BRANDY RUBLE, C.N.A., 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, Brandy Ruble, 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 (C.N.A.) within the State of Florida, having been issued certification number CNA 186262. 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. | 4. Respondent’s address of record is 1606 Northlake Drive, Sanford, Florida, 32773. 5... Respondent’s alternate address is 216 Morris Road, Daytona Beach, Florida, 32114. 6. On or about November 19, 2015, in the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida, Respondent entered a plea of nolo contendere to Child Abuse, a third-degree felony, in violation of Section 827.03(2){c), Florida Statutes. 7. Acertified nursing assistant is one of a handful of categories of licensed professionals that provides direct patient care, in many instances, to minors, the elderly or those with long-term infirmities, often in patients’ homes or in nursing home settings. As such, entering a plea of nolo contendere to child abuse relates to the practice of, or the ability to practice, nursing assistance and violates the level of trust and confidence invested by the Legislature in these categories of licensees. Department of Health v. Brandy Ruble, C.N.A. Case Number: 2015-09307 COUNT ONE 8. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. 9. Section 464.204(1)(b), Florida Statutes (2015), 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. 10. 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. . 11. Asset forth above, on or about November 19, 2015, in the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida,’ Respondent entered a plea of nolo contendere to Child Abuse, a third-degree — felony, in violation of Section 827.03(2)(c), Florida Statutes, which relates to the Respondent's profession or the ability to practice the Respondent's profession. Department of Health v. Brandy Ruble, C.N.A. Case Number: 2015-09307 _~ 12. Based on the foregoing, Respondent violated . Section 464.204(1}(b), Florida Statutes (2015), by intentionally violating 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 TWO 13. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. 14. Section 464.204(1)(b), Florida Statutes (2015), 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. 15, 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 s. 435.04-or similar statute of another jurisdiction; or having committed an act which Department of Health v. Brandy Ruble, C.N.A. Case Number: 2015-09307 constitutes domestic violence as defined in s. 741.28, constitutes grounds for disciplinary action. 16. Section 435.04(2)(ii), Florida Statutes (2015), lists violations of Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child. 17. Asset forth above, on or about November 19, 2015, in the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida, Respondent entered a piea of nolo contendere to Child Abuse, a third-degree felony, in violation of Section 827.03(2)(c), Florida Statutes, an offense prohibited by Section 435.04(2)(ii), Florida Statutes (2015). 18. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2015), by intentionally violating Section 464.018(1)(e), Florida Statutes (2015), for having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in s. 741.28. Department of Health v. Brandy Ruble, C.N.A. Case Number: 2015-09307 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 tay of Max , 2016. Celeste Philip, MD, MPH Interim State Surgeon General Wernag Natalia S. Thomas Assistant General Counsel Florida Bar Number 83826 DOH Prosecution Services Unit . 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 245-4640 Facsimile: (850) 245-4662 Email: natalia.thomas@flhealth.gov INST FILED Department Of Health pcp: [177 [Ip Dens Clk PCP Members: Tell & @ whitstn — ERK Mar'1 8 2018. Department of Health v. Brandy Ruble, C.N.A. Case Number: 2015-09307 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. Brandy Ruble, C.N.A. Case Number: 2015-09307

Docket for Case No: 17-001112PL