STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-08675 HARVEY VIRGIL, 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, Harvey Virgil, 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 349301. 3. Respondent’s address of record is 1157 B. Green Road, Boston, Georgia 31626. 4. Onor about October 11, 2012, the Board of Nursing filed a Final Order against Respondent in case number 2010-20337. 5. The Final Order imposed an administrative fine in the amount of two hundred fifty dollars ($250.00), to be paid within one year of the date the Final Order was filed. 6. Respondent failed to pay the administrative fine, in full, in the amount of two hundred fifty dollars ($250.00), within one year of the date the Final Order was filed. 7. The Final Order imposed costs of investigation in the amount of four hundred two dollars and eighty-five cents ($402.85), to be paid within one year of the date the Final Order was filed. 8. Respondent failed to pay the costs of investigation, in full, in the amount of four hundred two dollars and eighty-five cents ($402.85), within one year of the date the Final Order was filed). 9. Section 456.072(1)(q), Florida Statutes (2013), provides that violating a lawful order of the department or the board, or failing to comply Department of Health v. Harvey Virgil, L.P.N. 2 Case Number 2017-08675 with a lawfully issued subpoena of the department constitutes grounds for discipline. 10. Respondent violated a Final Order issued by the Board of Nursing in case number 2010-20337 by failing to pay, in full, the imposed administrative fine and costs of investigation within one year of the date of entry of the Final Order. 11. Based on the foregoing, Respondent violated Section 456.072(1)(q), Florida Statutes (2013), by violating a lawful order of the department or board, or failing to comply with a lawfully issued subpoena of the department. 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. Department of Health v. Harvey Virgil, L.P.N. 3 Case Number 2017-08675 SIGNED this 23" day of August, 2017. ieeo HEALTH ARTMENT O Dep DEPUTY CLERK CLERK Amber Greene pat® AUG 23 /SKB PCP: August 23, 2017 Celeste Philip, MD, MPH State Surgeon General and Secretary Susan K. Bodner Assistant General Counsel Florida Bar No. 85737 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9817 Facsimile: (850) 245-4662 Email: Susan.Bodner@flhealth.gov PCP Members: Habgood & Desmond Department of Health v. Harvey Virgil, L.P.N. Case Number 2017-08675 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. Harvey Virgil, L.P.N. 5 Case Number 2017-08675

Docket for Case No: 17-006216PL