STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2014-11537 YOLETTE TEMA, 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, Yolette Tema, C.N.A., and in support thereof alleges: i. 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 Aaninissete, Complaint, Respondent was a certified nursing assistant (CNA) within the state of Florida, having been issued certificate number CNA 259304. 3. Respondent's address of record is 115 North East 133rd Street, Miami, Florida 33161. 4. The Virginia Board of Nursing is the licensing authority for the practice of nursing in the state of Virginia. 5. Onor about June 1, 2011, the Virginia Board of Nursing denied Respondent's application for licensure as a practical nurse in the state of Virginia. 6. The Virginia Board of Nursing denied Respondent's application on the grounds that Respondent stated in her application that she attended a practical nursing education program in June of 2009, when, in fact, she never attended that program: 7. On or about October 15, 2012, Respondent applied for licensure as a registered nurse with the Florida Board of Nursing. 8. On Respondent's application, she responded “No” to the question, “Have you ever been denied or is there now any proceeding to deny your application for any healthcare license to practice in Florida or any other state, jurisdiction or country?” Department of Health v, Yolette Tema, C.N.A. 2 Case Number 2014-11537 COUNT I 9. Petitioner realleges and incorporates paragraphs one through eight as if fully set forth herein. 10. Section 464.204(1)(b), Florida Statutes (2010), provides that intentionally violating any provision of chapter 464, chapter 456, or the rules adopted by the board, constitutes grounds for disciplinary action. 11. Section 464.018(1)(b), Florida Statutes (2010), provides that having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country; constitutes grounds for disciplinary action. 12, As set forth above, the Virginia Board of Nursing denied Respondent's application for licensure as a practical nurse in the state of Virginia. 13. Based on the foregoing, Respendent violated Section 464.204(1)(b), Florida Statutes (2010), by intentionally violating Section 464.018(1)(b), Florida Statutes (2010), by having a license to practice nursing revoked, suspended, or otherwise acted against, including the Department of Health v. Yolette Tema, C.N.A, 3 Case Number 2014-11537 denial of licensure, by the licensing authority of another state, territory, or country. COUNT Il 14. Petitioner realleges and incorporates paragraphs one through eight as if fully set forth herein. 15. Section 464.204(1)(b), Florida Statutes (2012), provides that intentionally violating any provision of chapter 464, chapter 456, or the rules adopted by the board, constitutes grounds for disciplinary action. 16. Section 464.018(1)(a), Florida Statutes (2012), provides that procuring, attempting to procure, or renewing a license to practice nursing by bribery, by knowing misrepresentations, or through an error of the department or the board constitutes grounds for disciplinary action. 17. As set forth above, Respondent intentionally attempted to procure a license by knowing misrepresentations when she answered that she had never had a healthcare feenee denied in another state, when her Virginia practical nurse license was denied on or about June 1, 2011. . 18. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2012), by intentionally violating Section 464.018(1)(a), Florida Statutes (2013), by procuring, attempting to Department of Health v. Yolette Terma, C.N.A. 4 Case Number 2014-11537 procure, or renewing a license to practice nursing by bribery, by knowing misrepresentations, or through an error of the department or the board. 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 rellef that the Board deems appropriate. . SIGNED this D0 +h_ day of _. away , 2015. John H. Armstrong, MD, FACS State Surgeon General-and Secretary of Health: ssistant General Counsel Fla. Bar No. 98772 ~~ Florida Department of Health 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 ex. 8100 Facsimile: (850) 245-4683 . Email: judson.searcy@flheaith.gov PCP: 01/20/2015 PCP Members: Newman, Horne, & Habgood FILED . DEPARTMENT OF HEALTH DEPUTY CLERK penartment of Health v. Yolette Tema, C.N.A, CLERK Ase elie F epartment of Health v. ‘ole! ema, C.NA. + "i 4 Case Number 2014-11537 . = a JAN 2 1 ent — 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. NOTICE REGARDING ASSESSMENT OF CcOosTSs 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. Yolette Tema, C.N.A, 6 Case Number 2014-11537

Docket for Case No: 17-001548PL