Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: MARIBEL GALVAN, R.N.
Judges: ROBERT E. MEALE
Agency: Department of Health
Locations: Miami, Florida
Filed: Dec. 20, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 20, 2020.
Latest Update: Dec. 24, 2024
Final Order No. DOH-19-0546-T{)\ -MQA
i FILED DATE MAR 28 2019
STATE OF FLORIDA f Health
BOARD OF NURSING
DEPARTMENT OF HEALTH,
Petitioner,
vs. Case No.: 2016-26623
License No.: RN 9250914
MARIBEL GALVAN,
Respondent.
FINAL ORDER
This matter appeared before the Board of Nursing at a duly-
noticed public meeting on February 7, 2019 in Howey-In-The-Hills,
Florida, for final agency action pursuant to Sections 120.569 and
120.57(2), Florida Statutes. Petitioner was represented by Judson
Searcy, Assistant General Counsel, Florida Department of Health.
Respondent was present with counsel.
Upon receipt of service of the Second Amended Administrative
Complaint, Respondent submitted an Election of Rights wherein she
requested a hearing involving disputed issues of material fact.
After hearing the presentation and arguments of the parties, the
Board voted to deny the request for a hearing before the Division
of Administrative Hearings because it found that there were no
disputed issues of material fact and proceeded with a hearing
pursuant to Section 120.57(2), Florida Statutes.
The prosecuting attorney offered the investigative file into
evidence to prove the facts as alleged in the Administrative
Complaint and for the purposes of determining penalty. The
investigative file was received into evidence. After a complete
review of the record in this matter, including consideration of
the Administrative Complaint, any written evidence or testimony,
and any mitigating or aggravating circumstances, the Board makes
the following findings and conclusions:
FINDINGS OF FACT
1. The allegations of fact set forth in the Administrative
Complaint are approved, adopted, and incorporated herein by
reference as the findings of fact by the Board.
2. There is competent, substantial evidence to support the
Board’s findings and conclusions.
CONCLUSIONS OF LAW
3. The conclusions of law alleged and set forth in the
Administrative Complaint are approved and adopted and incorporated
herein by reference as the conclusions of law of the Board.
4. The violation set forth in the Administrative Complaint
warrants disciplinary action by the Board.
5. Based upon the Findings of Fact, the Board concludes
that the licensee violated: Section 456.072(1) (ii), Florida
Statutes, by being convicted or, or entering a plea of guilty or
nolo contendere to, any misdemeanor or felony, regardless of
adjudication, under 42 U.S.C. ss. 1320a-7b, relating to the
Medicaid program.
6. The Board is empowered by Section 464.018(2) and/or
456.072(2), Florida Statutes, to impose a penalty against
Respondent.
THEREFORE, IT IS ORDERED AND ADJUDGED, that:
7. Revocation. Respondent’s license to practice as a
registered nurse is permanently revoked.
RULING ON THE MOTION TO ASSESS COSTS
The Department withdrew its Motion to Assess Costs.
This Final Order shall become effective upon filing with the
Clerk of the Department of Health.
a
DONE AND ORDERED this) Yday of Aho , 2019.
BOARD OF NURSING
e Director for
Kathryn L. Whitson, MSN, RN, Chair
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS
ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA
STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF
APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE
COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT
OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED
BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH
THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE
PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY
(30) DAYS OF THE FILING DATE OF THE ORDER TO BE REVIEWED.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has
been furnished by certified mail return receipt requested to
MARIBEL GALVAN, 7155 NW 173 Drive #1201, Hialeah, FL 33015; 8785
NW 168 Street, Miami Lakes, FL 33018; Andre A. Gibson, Esq., 45 NE
167t Street, North Miami Beach. F: 33162 and by email to Deborah
Loucks, Senior Assistant Attorney General,
Deborah. Loucks@myfloridalegal.com and Department of Health-PSU,
Judson. Searcy@flhealth.gov on Morey Wy ; y, 2019.
Efe tUyen leg fey! MeNfelgog fog elgg [lately Ufa
Maribel Galvan
7155 NW 173 Dr.
#1201
Hialeah, FL 33015
Deputy Agency Clerk
Certified Article Number — P y “9
F4L4 72bb F904 2L40 142b be I
TO Te Len faaffyl flies i
SENDER’S RECORD Maribel Galvan tdiillstf th
c/o Andre A. Gibson, E
TTL a oer To er Perr Lo ff eo 45 NE 167th St. —
Maribel Galvan Miami Lak
8785 NW 168th St. grt
Miami Lakes, FL 33018 Ss fe Certified Article Number |
4)4 72bb 9904 2140 2b 4B
44a 72bb TIO4 2440 2b 55
Docket for Case No: 19-006758PL
Issue Date |
Proceedings |
Feb. 20, 2020 |
Amended Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 20, 2020 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 20, 2020 |
Joint Motion to Relinquish Jurisdiction filed.
|
Feb. 20, 2020 |
Subpoena Ad Testificandum (Return of Service on Jeneice Mayers) filed.
|
Feb. 20, 2020 |
Subpoena Ad Testificandum (Return of Service on Danay Barrierros) filed.
|
Feb. 20, 2020 |
Subpoena Ad Testificandum (Return of Service on Carlos Suarez) filed.
|
Feb. 20, 2020 |
Subpoena Ad Testificandum (Return of Service on Mark Whitten) filed.
|
Feb. 20, 2020 |
Subpoena Ad Testificandum (Return of Service Joe Baker, Jr) filed.
|
Feb. 18, 2020 |
Petitioner's Response to Respondent's Motion for Attorney's Fees and Costs (at the conclusion of proceedings) filed.
|
Feb. 14, 2020 |
Respondent's Third Amended Notice of Taking Deposition filed.
|
Feb. 13, 2020 |
Order On Emergency Motion For Protective Order.
|
Feb. 12, 2020 |
Response to Petitioner's Motion for Protective Order filed.
|
Feb. 12, 2020 |
Respondent's Second Amended Notice of Taking Deposition with Exhibit A filed.
|
Feb. 12, 2020 |
Respondents Second Amended Notice of Taking Deposition filed.
|
Feb. 11, 2020 |
Petitioner's Emergency Motion for Protective Order filed.
|
Feb. 11, 2020 |
Respondent's Motion for Attorney's Fees and Costs filed.
|
Feb. 11, 2020 |
Respondent's Amended Notice of Taking Deposition filed.
|
Feb. 11, 2020 |
Respondent's Notice of Taking Deposition filed.
|
Feb. 05, 2020 |
Notice of Filing Petitioner's First Set of Interrogatories and First Request for Production filed.
|
Feb. 04, 2020 |
Respondent's Third Request for Production filed.
|
Jan. 30, 2020 |
Petitioner's Notice of Service of Responses to Respondent's First Interrogatories to Petitioner and First Request for Production filed.
|
Jan. 28, 2020 |
Respondent's Second Request for Production filed.
|
Jan. 24, 2020 |
Notice of Appearance (Philip Crawford) filed.
|
Jan. 16, 2020 |
Notice of Court Reporter filed.
|
Jan. 15, 2020 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for March 23, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jan. 15, 2020 |
Respondent's Amended Unopposed Motion for Continuance of the Final Hearing filed.
|
Jan. 14, 2020 |
Notice of Withdrawal of Respondent's Unopposed Motion for Continuance of the Final Hearing filed.
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Jan. 14, 2020 |
Respondent's Unopposed Motion for Continuance of the Final Hearing filed.
|
Jan. 07, 2020 |
Order Granting Motion to Clarify Notice of Hearing as To Issue.
|
Jan. 06, 2020 |
Motion to Clarify Notice of Hearing as to Issue filed.
|
Jan. 06, 2020 |
Order Denying Motion to Dismiss.
|
Jan. 02, 2020 |
Respondent's Amended Notice of Service of Interrogatories filed.
|
Jan. 02, 2020 |
Respondent's Motion to Dismiss Complaint for Failure to State a Cause of Action filed.
|
Jan. 02, 2020 |
Respondent's First Request for Production filed.
|
Jan. 02, 2020 |
Petitioner's Notice of Service of Interrogatories in Aid of Execution filed.
|
Dec. 30, 2019 |
Notice of Hearing by Video Teleconference (hearing set for January 31, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
|
Dec. 27, 2019 |
Joint Response to the Initial Order filed.
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Dec. 20, 2019 |
Initial Order.
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Dec. 20, 2019 |
Final Order filed.
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Dec. 20, 2019 |
Opinion filed.
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Dec. 20, 2019 |
Mandate filed.
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Dec. 20, 2019 |
Second Amended Administrative Complaint filed.
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Dec. 20, 2019 |
Amended Election of Rights filed.
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Dec. 20, 2019 |
Agency referral filed.
|