STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-04311 ISSIANIE ANESTAL, C.N.A., 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, Issianie Anestal, 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 Administrative Complaint, Respondent was a certified nursing assistant (C.N.A.) within the state of Florida, having been issued license number CNA 32385. 3. Respondent's address of record is 145 Manor Boulevard, Apartment 508, Naples, Florida 34104. 4. At all times material to this Administrative Complaint, Respondent was an employee at The Renaissance at the Terrace (TRT), in Bonita Springs, Florida. 5. Onor about January 3, 2019, at approximately 1:40 pm, R.M., a then-seventy-nine-year-old male, was admitted to TRT from a local hospital for rehabilitation after a hospitalization for pneumonia. 6. On arrival at TRT, R.M. was placed in a recliner in his room wearing a hospital gown and incontinence briefs from the hospital. 7. On or about January 3-4, 2019, Patient R.M. needed assistance in ambulation and with activities of daily living. 8. ~ Onor about January 3-4, 2019, Respondent was assigned to care for patient R.M. during an eight-hour shift from 10:00 p.m. until 6:00 am. 9. Respondent failed to provide care to patient R.M. during her assigned shift on January 3-4, 2019, by failing to change R.M.’s brief or assist R.M. in transferring from the recliner to the bed, leaving him in the same position in the recliner the entire shift. Department of Health v. Issianle Anestal, C.N.A. 2 Case Number 2019-04311 10. On or about January 4, 2019, R.M.’s wife came to the TRT and found R.M. still in the recliner which was saturated in urine and that the bed was unused since his admission the previous day. 11. Respondent gave inconsistent responses when questioned saying first that she did not know there was a patient in R.M.’s room because no one told her of a new admission, then saying that she and another C.N.A. changed R.M.’s brief at midnight and again between 4:00 am and 5:00 am. 12. Because R.M. was wearing a brand of briefs not stocked at the TRT, the F.M., RN, Director of Nursing (DON) determined that his brief had not been changed since arrival from the hospital the previous day. 13. Respondent also stated that she assisted R.M. into bed at midnight January 4, 2019. 14. F.M., RN., DON determined that R.M.’s bed had not been used overnight. | 15. Section 464,204(1)(b), Florida Statutes (2018), provides that intentionally violating any provision of Chapter 464, Chapter 456, or the rules adopted by the board, constitutes grounds for disciplinary sanctions. 16. Section 456.072(1)(a) Florida Statutes (2018), provides that making misleading, deceptive or fraudulent representations in or related to Department of Health v. Issianie Anestal, C.N.A. 3 Case Number 2019-04311 the practice of the licensee’s profession constitutes grounds for which the board may impose disciplinary sanctions. 17. On or about January 3-4, 2019, Respondent made misleading, deceptive or fraudulent representations when she reported first that she did not know there was a patient in R.M.’s room during her shift, then, that she had changed R.M.’s briefs during her shift and placed him in bed, when R.M. was discovered at 8:00 am January 4, 2019, still sitting in the recliner, which was saturated in urine, in which he was placed on admission on or about January 3, 2019 at approximately 1:40 pm. R.M.’s bed had not been used. 18. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2018), by intentionally violating Section 456.072(1)(a) Florida Statutes (2018), making misleading, deceptive or fraudulent representations in or related to the practice of the licensee's profession. Department of Health v. Issianie Anestal, C.N.A. Case Number 2019-04311 : 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. SIGNED this 26th day of July, 2019. FILED /f Divlie A. McDonald DEPARTMENT OF HEALTH Dirlie A. McDonald DEPUTY CLERK Assistant General Counsel CLERK: (hrutr Morus DOH Prosecution Services Unit DATE: WL 2 6 2019 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0885061 (850) 558-9696 Telephone (850) 245 - 4683 Facsimile Email: Dirlie. mcdonald@fihealth.gov /DAM PCP: July 26, 2019 PCP Members: Habgood (chair) and Newman Department of Health v. Issianie Anestal, C.N.A. Case Number 2019-04311 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. Issianie Anestal, C.N.A. 6 Case Number 2019-04311 :

Docket for Case No: 19-005060PL