STATE OF FLORIDA BOARD OF RESPIRATORY CARE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-03613 JENNIFER ABADIE, R.R.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Respiratory Care (Board) against Jennifer Abadie, R.R.T., and in support thereof alleges: | 1. Petitioner is the state agency charged with regulating the practice of registered respiratory therapists pursuant to Section 20.43, Florida Statutes (2017); Chapter 456, Florida Statutes (2017); and Chapter 468, Florida Statutes (2017). 2. At all times material to this Complaint, Respondent was licensed to practice as a registered respiratory therapist within the State of Florida, having been issued license number RT 8824. 3. | Respondent’s address of record is 2346 Bent Tree Road, Apartment 1915, Palm Harbor, Florida, 34683. 4. On or about February 4, 2018, Respondent was employed by Comprehensive Healthcare of Clearwater (Comprehensive), located in Pinellas County, Florida. 5. Patient G.B. was a 56-year-old terminally ill patient at Comprehensive. 6. Respondent provided respiratory therapy care to Patient G.B. at Comprehensive. 7. Onor about February 4, 2018, Respondent was not scheduled to work, but she went to Comprehensive to visit her father and/or Patient G.B., both of whom were patients at Comprehensive. 8. Onor about February 4, 2018, Respondent laid on Patient G.B.’s bed next to Patient G.B. 9. Respondent later sat on Patient G.B.’s bed with Patient G.B. and/or allowed Patient G.B. to put his hand on Respondent's inner thigh. 10. After Comprehensive’s administration required Respondent to leave, Patient G.B. became so upset that Comprehensive ultimately Baker Acted Patient G.B.* 11: Respondent resigned from Comprehensive on or about February 4, 2018. 12, On or about May 20, 2018, Respondent visited Patient G.B. at Comprehensive. 13. During that visit, Respondent allowed Patient G.B. to reach under Respondent's skirt and/or place Patient G.B.’s hand on Respondent's thigh. 14. Respondent's actions were outside the scope of practice and/or the scope of generally accepted examination or treatment of a patient. 15. Section 468.365(1)(x), Florida Statutes (2017), subjects a registered respiratory therapist to discipline for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 16. Section 468.365(1)(q), Florida Statutes (2017), subjects a registered respiratory therapist to discipline for exercising influence within a 1 Baker Acting someone is to legally invoke the Baker Act against him or her. The Baker Act is the Florida Mental Health Act and allows for involuntary commitment of an individual whose mental illness, if left untreated, poses a significant likelihood that he will cause serious bodily harm to himself or others in the near future. respiratory care relationship for the purpose of engaging a patient in sexual activity. 17. Section 456.072(1)(v), Florida Statutes (2017), subjects a registered respiratory therapist to discipline for engaging or attempting to engage in sexual misconduct as defined and prohibited in s.456.063(1). 18. Section 456.063(1), Florida Statutes (2017), subjects a registered respiratory therapist to discipline for engaging or attempting to engage the patient or client, or inducing or attempting to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice. 19. Respondent engaged in unlawful sexual activity outside the scope of practice in one or more of the following ways: a. Lying in bed with Patient G.B. on or about February 4, 2018; b, Sitting in bed with Patient G.B. on or about February 4, 2018; c. Allowing Patient G.B. to place his hand on Respondent’s inner thigh on or about February 4, 2018; d. Allowing Patient G.B. to reach under Respondent’s skirt on or about May 20, 2018; and/or e, Allowing Patient G.B. to put his hand on Respondent's thigh on or about May 20, 2018. 20. Based on the foregoing, Respondent has violated 468.365(1)(x), Florida Statutes (2017), by violating Section 468.365(1)(q) Florida Statutes (2017), and/or Section 456.072(1)(v), Florida Statutes (2017) and/or Section 456.063(1), Florida Statutes (2017). WHEREFORE, Petitioner respectfully requests that the Board of Respiratory Care enter an order imposing one or more of the following penalties: 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. [REMAINDER OF PAGE BLANK] SIGNED this A day of Cnguck , 2018. / Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Mary A. Iglehart, Esq. Florida Bar Number 93590 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 DEP aR TEED. veacta Tallahassee, FL 32399-3265 CLERK AmpOPUTY CLERK (P} (850) 558-9856 ene (F) (850) 245-4684 DATE A UG 2 2 2018 (E) Mary.Iglehart@flhealth.gov PCP: 8/21/2018 PCP Members: Broeker and Nunez 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 pursuant to 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.

Docket for Case No: 18-005694PL

Orders for Case No: 18-005694PL