STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-21462 JOHN FRANCIS SESSA IIT, L.P.N. RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Nursing (Board) against John Francis Sessa III, L.P.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of practical nurses pursuant to Chapters 20.43, Florida Statutes (2015-2016); Chapter 456, Florida Statutes (2015-2016); and Chapter 464, Florida Statutes (2015-2016). 2. At all times material to this Complaint, Respondent was licensed to practice as a practical nurse within the State of Florida, having been issued license number PN 986221. 3. | Respondent's address of record is 1925 P.O. Box, Main Street, New Port Richey, Florida 34656. 4. In or about 2015, Respondent was employed at Maxim Healthcare in Clearwater, Florida. 5. Respondent was assigned to care for Patient B.D., a four-year- old male child who has multiple physical disabilities, developmental delays, and extremely limited verbal capacity. 6. Patient B.D. requires a sleep apnea monitor while he sleeps. Respondent either did not use the sleep apnea monitor or used the monitor incorrectly while caring for Patient B.D. 7. Respondent held Patient B.D. naked in a towel on his lap for twenty minutes; kissed Patient B.D. repeatedly; allowed Patient B.D. play when he was supposed to be asleep; and continued to attempt to visit, bathe, dress, and bring Patient B.D. gifts after his assignment to care for Patient B.D. ended. 8. Respondent engaged or attempted to engage in sexual | misconduct by holding Patient B.D. naked in a towel on his lap, kissing Patient B.D., allowing Patient B.D. to play when he was supposed to be asleep, and/or continuing to attempt to visit, bathe, dress, and/or bring DOH v. John Francis Sessa HI, L.P.N. 2 DOH Case Number 2016-21462 Patient B.D. gifts after his assignment to care for Patient B.D. ended. 9. Respondent failed to meet the minimal standards of acceptable and prevailing nursing practice when he did not use the sleep apnea monitor or used the monitor incorrectly while caring for Patient B.D. 10. Respondent practiced beyond the scope permitted by law when he held Patient B.D. naked in a towel on his lap; kissed Patient B.D.; and/or continued to attempt to visit, bathe, dress, and/or bring Patient B.D. gifts after his assignment to care for Patient B.D. ended. COUNT I 11. Petitioner re-alleges and incorporates by reference paragraphs 1 through 10 as if fully set forth herein. 12. Section 464.018(1)(0), Florida Statutes (2015-2016), authorizes the Board to discipline a practical nurse for violating any provision of Chapter 464, 456, or the rules adopted by the Board of Nursing. 13. Section 464.017, Florida Statutes (2015-2016), prohibits a practical nurse from using the nurse-patient relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. DOH v. John Francis Sessa ITI, L.P.N. 3 DOH Case Number 2016-21462 14. Respondent used the nurse-patient relationship to induce or attempt to induce Patient B.D. to engage, or to engage or attempt to engage Patient B.D., in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of Patient B.D. by one or more of the following: a. holding Patient B.D. naked in a towel on his lap; b. kissing Patient B.D.; c. allowing Patient B.D. to play when he was supposed to be asleep; and/or d. continuing to attempt to visit, bathe, dress, and/or bring Patient B.D. gifts after his assignment to care for Patient B.D. ended. 15. Based on the foregoing, Respondent violated Section 464.018(1)(0), Florida Statutes (2015-2016), by violating Section 464.017, Florida Statutes (2015-2016). COUNT II 16. Petitioner re-alleges and incorporates by reference paragraphs 1 through 10 as if fully set forth herein. 17. Section 464.018(1)(0), Florida Statutes (2015-2016), authorizes DOH v. John Francis Sessa HI, L.P.N. 4 DOH Case Number 2016-21462 the Board to discipline a practical nurse for violating any provision of Chapter 464, 456, or the rules adopted by the Board of Nursing. 18. Section 456.072(1)(v), Florida Statutes (2015-2016), prohibits a license holder from engaging or attempting to engage in sexual misconduct. 19. Section 456.063(1), Florida Statutes (2015-2016), defines sexual misconduct as a violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professiona! practice. 20. Respondent engaged or attempted to engage Patient B.D. in sexual activity by one or more of the following: a. when he held Patient B.D. naked in a towel on his lap; b. kissing Patient B.D.; C. and/or continuing to attempt to visit, bathe, dress, and/or bring Patient B.D. gifts after his assignment to care for Patient B.D. ended. 21. Based on the foregoing, Respondent violated Section DOH v. John Francis Sessa IIT, L.P.N, 5 DOH Case Number 2016-21462 464.018(1)(0), Florida Statutes (2015-2016), by violating Section 456.072(1)(v), Florida Statutes (2015-2016). COUNT III 22. Petitioner re-alleges and incorporates by reference paragraphs 1 through 10 as if fully set forth herein. 23. Section 456.072(1)(0), Florida Statutes (2015-2016), authorizes the Board to discipline a practical nurse for practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. 24. Respondent practiced beyond the scope permitted by law when he held Patient B.D. naked in a towel on his lap, kissed Patient B.D., and/or continued to attempt to visit, bathe, dress, and/or bring Patient B.D. gifts after his assignment to care for Patient B.D. ended. 25. Based on the foregoing, Respondent violated Section 456.072(1)(0), Florida Statutes (2015-2016). COUNT Iv 26. Petitioner re-alleges and incorporates by reference paragraphs 1 through 10 as if fully set forth herein. DOH v. John Francis Sessa III, L.P.N. 6 DOH Case Number 2016-21462 27. Section 464.018(1)(n), Florida Statutes (2015-2016), authorizes the Board to discipline a practical nurse for failing to meet the minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience. 28. Respondent failed to meet the minimal standards of acceptable and prevailing nursing practice when he did not use the sleep apnea monitor or used the monitor incorrectly while caring for Patient B.D. 29. Based on the foregoing, Respondent violated Section 464.018(1)(n), Florida Statutes (2015-2016). WHEREFORE, Petitioner respectfully requests that the Board of Nursing 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. DOH v. John Francis Sessa III, L.P.N. 7 DOH Case Number 2016-21462 SIGNED this “1 Gay of Odnvar, 2016. FILED Department Of Health Deputy Clerk Angel Sanders DATE pare. OCT 05 2016 PCP: October 4, 2016 Celeste Philip, M.D., M.P.H. Surgeon General and Secretary <—— Brynna J. Ross, Esq. Florida Bar Number 49933 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (Pp) 850-245-4444 ext. 8102 (f) 850-245-4662 (e) Brynna.ross@fihealth.gov PCP Members: Deborah McKeen and Rosa Ramos DOH v. John Francis Sessa ITI, L.P.N. DOH Case Number 2016-21462 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. DOH v. John Francis Sessa III, L.P.N. 9 DOH Case Number 2016-21462

Docket for Case No: 19-004498PL