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DEPARTMENT OF HEALTH, BOARD OF NURSING vs MARIBEL GALVAN, R.N., 19-006758PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-006758PL Visitors: 28
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.
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.
Dec. 20, 2019 Initial Order.
Dec. 20, 2019 Final Order filed.
Dec. 20, 2019 Opinion filed.
Dec. 20, 2019 Mandate filed.
Dec. 20, 2019 Second Amended Administrative Complaint filed.
Dec. 20, 2019 Amended Election of Rights filed.
Dec. 20, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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