STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NO. 2017-10777 BIANCA LEONDRA ELBERT, C.N.A,, RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Bianca Leondra Elbert, 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 Complaint, Respondent was certified to practice nursing assistance within the State of Florida, having been issued certification number CNA 290517. 3. At all times material to this Complaint, Respondent's address of record was 1171 Lane Avenue South, Apartment 1314, Jacksonville, Florida 32205. 4. At all times material to this Order, Patient S.B. lived at Fleet Landing Assisted Living Facility (Fleet), located in Atlantic Beach, Florida. 5. At all times relevant to this Order, Respondent worked at Fleet as a certified nursing assistant, and regularly cared for Patient S.B. 6. At all times relevant to this Order, Chip Tousey, Esq., served as the power-of attorney over Patient S.B.’s affairs. 7. Mr. Tousey is an attorney with the firm of Fisher, Tousey, Leas & Ball, P.A. (FTLB). 8. In or about early May 2017, Respondent changed Patient S.B.’s address of record and FTLB’s address of record with the United States Post Office. 9. Respondent did not have Patient S.B.’s consent to change her address, . 10. Respondent did not have FTLB’s consent to change its address. 11. Respondent attempted to contact Merrill Lynch, a financial firm that managed Patient S.B.’s finances and investments, and pretended to be 2 Administrative Complaint DOH v. Bianca Leondra Elbert, C.N.A. 2017-10777 Patient S.B. in order to try to open a credit card account. COUNT I 12. Petitioner realleges and incorporates paragraphs one through eleven as if fully set forth herein. 13. Section 464.204(1)(b), Florida Statutes (2017), subjects a certified nursing assistant to discipline for intentionally violating any provision of Chapter 464, Florida Statutes (2017), Chapter 456, Florida Statutes (2017), or the rules adopted by the Board. 14. Section 456.072(1)(a), Florida Statutes (2017), subjects a licensee to discipline for making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession. 15. Respondent engaged in misleading, deceptive and/or fraudulent representations in or related to the practice of nursing assistance in one of more of the following ways: a. Changing Patient S.B.’s address of record without her consent; b. Changing FTLB’s address of record without its consent; and/or Administrative Complaint DOH v. Bianca Leondra Elbert, C.N.A, 2017-10777 c. Attempting to open a credit card in Patient S.B.’s name. 16. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2016-2017), by intentionally violating Section 456.072(1)(a), Florida Statutes (2016-2017). COUNT II 17. Petitioner realleges and incorporates paragraphs one through eleven as if fully set forth herein. | 18. Section 464.204(1)(b), Florida Statutes (2017), subjects a certified nursing assistant to discipline for intentionally violating any provision of Chapter 464, Florida Statutes (2017), Chapter 456, Florida Statutes (2017), or the rules adopted by the Board. 19. Section 456.072(1)(m), Florida Statutes (2017), subjects a licensee to discipline for making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession or employing a trick or scheme in or related to the practice of a profession. 20. Respondent engaged in misleading, deceptive and/or fraudulent representations in or related to the practice of nursing assistance and/or employed a trick or scheme in or related to the practice of a profession by ; 4 Administrative Complaint. DOH v. Bianca Leondra Elbert, C.N,A. 2017-10777 she used her position as a certified nursing assistant in one or more of the following ways: a. Changing Patient S.B.’5 address of record without her consent; b. | Changing FTLB’s address of record without it’s consent; - and/or c. Attempting to open a credit card in Patient S.B.’s name. 21. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2016-2017), by intentionally violating Section 456.072(1)(m), Florida Statutes (2016-2017). | COUNTIII 22. Petitioner realleges and incorporates paragraphs one through eleven as if fully set forth herein. 23. Section 464.204(1)(b), Florida Statutes (2017), subjects a certified nursing assistant to discipline for intentionally violating any provision of Chapter 464, Florida Statutes (2017), Chapter 456, Florida Statutes (2017), or the rules adopted by the Board. Administrative Complaint DOH v. Bianca Leondra Elbert, C.N.A, 2017-10777 24, Section 464.018(1)(h), Florida Statutes (2017), subjects a licensee to discipline for engaging in unprofessional conduct. 25. Rule 64B9-8.005(4), Florida Administrative Code (F.A.C.), states that unprofessional conduct includes stealing from a patient. 26. - Respondent engaged in unprofessional conduct by stealing Patient S.B.’s identity and/or attempting to open a credit card in Patient S.B,’s name and/or intentionally diverting Patient S.B.’s mail to Respondent's Grandmother's address. 27. Based on the foregoing, Respondent violated Section. 464,.204(1)(b), Florida Statutes (2016-2017), by intentionally violating Section 456.072(1)(h), Florida Statutes (2016-2017), and Rule 64B9- 8.005(4), F.A.C. . WHEREFORE, Petitioner respectfully requests that the Board 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. 6 Administrative Complaint DOH v. Bianca Leondra Elbert, C.N.A. 2017-10777 SIGNED this " day of Ooguley—_, 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Assistart General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 93590 CLERK (P) (850) 558-9856 mber Greene = CLERK Amber Greene (F) (850) 245-4662 | DEPARTMENT OF HEALTH DEPUTY (E) Mary.Iglehart@fihealth.gov PCP: December 4, 2017 PCP Members: Stone-Gale + Whitson Administrative Complaint DOH v. Blanca Leondra Elbert, C.N.A. 2017-10777 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 jin 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 any other discipline imposed. Administrative Complaint DOH v. Bianca Leondra Elbert, C.N.A. 2017-10777

Docket for Case No: 18-000614PL