STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-21804 ANNIE RUTH DAVIS, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Respondent, Annie Ruth Davis, R.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 (2018); and Chapters 456 and 464, Florida Statutes (2018). 2. At all times material to this Complaint, Respondent was licensed to practice as a registered nurse within the State of Florida, having been issued license number RN 9264782. 3. At all times material to this Complaint, Respondent's address of record was P.O. Box 96, Ebro, Florida 32437. 4. Respondent's current residential address may be 6946 34th Avenue North, St. Petersburg, Florida 33710. 5. At all times ‘material to this Complaint, Respondent was employed at Baywood Nursing Center (Baywood), in St. Petersburg, Florida. 6. At all times material to this Complaint, Patient A.W., a 56-year- _old male suffering from dementia, intellectual disabilities, and legal blindness, was a resident at Baywood. 7. . On or about August 17, 2018, Respondent placed her hands around Patient A.W.’s neck and choked him against a wall. 8. Section 464.018(1)(h), Florida Statutes (2018), authorizes the Board to impose discipline against a registered nurse for engaging in unprofessional conduct, as defined by Board rule. 9. Rule 64B9-8.005(13), Florida Administrative Code, defines unprofessional conduct to include using force against a patient, striking a patient, or throwing objects at a patient. 10. Respondent used force against a patient by choking Patient A.W. with her hands. | 11. Based on the foregoing, violated Section 464.018(1)(h), Florida Statutes (2018), by engaging in unprofessional conduct as defined in Rule Administrative Complaint ° Dep't of Health v. Annie Ruth Davis, R.N. DOH Case No. 2018-21804 64B9-8.005(13), Florida Administrative Code. 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. SIGNED this 37® day of Co¥obel~_, 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Lae LO ¢BEEL, Andrew J. Pietrylo, Jr. Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 118851 DEPARTMENT OF HEALTH (P) (850) 558-9905 CLERK Amber Greene (F) (850) 245-4662 PATE OCT 3 0 2018 (E) Andrew. Pietrylo@fihealth.gov PCP Meeting: October 30, 2018 PCP Members: Paschall & Raymond Administrative Complaint Dep‘t of Health v. Annie Ruth Davis, R.N. DOH Case No. 2018-21804 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 any other discipline imposed. Administrative Complaint Dep't of Health v. Annie Ruth Davis, R.N. DOH Case No. 2018-21804

Docket for Case No: 19-003367PL