STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, a CASE NO. 2016-14360 FRANCOISE GLORIA HECTOR UTEGA, C.N.A., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Nursing against Respondent Francoise Gloria Hector Utega, C.N.A., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing assistants pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464 Florida Statutes. 2. At all times material to this Complaint, Respondent was certified as a nursing assistant within the state of Florida, having been issued certification number CNA 140254. 3. Respondent's address of record is 7007 Belroi Street, Orlando, Florida 32818. 4. On or about February 13, 2017, Jamie Smolen, M.D., a physician specializing in psychiatry, evaluated Respondent. 5, Dr. Smolen diagnosed Respondent with schizophrenia, paranoid type, episodic with inter-episode residual versus continuous.. 6. Dr. Smolen opined that Respondent is unable to practice as a nursing assistant with reasonable skill and safety to patients. 7. Section 464.204(1)(b), Florida Statutes (2016), subjects a certified nursing assistant to discipline for intentionally violating any provision of Chapter 456, Chapter 464, or the rules adopted by the Board of Nursing. 8. Section 456.072(1)(z), Florida Statutes (2016), authorizes discipline, including restriction, against a nursing assistant for being unable to practice as a nursing assistant with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. 9. Respondent violated Section 464.204(1)(b), Florida Statutes (2016), by intentionally violating Section 456.072(1)(z), Florida Statutes (2016), by being unable to practice as a nursing assistant with reasonable DOH vs. Francoise Gloria Hector Utega, C.N.A. 2 Case No: 2016-14360 skill and safety to patients due to her schizophrenia, paranoid type, episodic with inter-episode residual versus continuous. 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 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 16 aay of Aod\ _, 2017. Celeste Philip, MD, MPH Surgeon General and Secretary Rob F. Summers © Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 DEAARIMENT OF HEALTH Tallahassee, FL 32399-3265 ate ace Florida Bar Number 99658 DATE APR 2 6 2017 Phone (850) 245-4444 x 8150 OO Fax (850) 245-4662 Robert.Summers@flhealth.gov RFS/plp PCPS April 26, 2017 PCP Members: Mary Kay Habgood, PhD, RN (Panel Chair) Lori Desmond, MSN, RN, NE-BC DOH vs. Francoise Gloria Hector Utega, C.N.A. 3 Case No: 2016-14360

Docket for Case No: 17-005488PL

Orders for Case No: 17-005488PL