STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-03570 MARIE MYRGLAISE JEAN BENJAMIN, 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, Marie Myrglaise Jean Benjamin, C.N.A., 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; 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 certificate number CNA 262683. 3. | Respondent’s address of record is 1626 Davis Road, West Palm Beach, Florida 33406. 4. At all times material to this Administrative Complaint, Respondent was employed as a certified nursing assistant at Consulate Healthcare located in West Palm Beach, Florida. 5. On or about November 24, 2018, respondent was assigned to provide nursing assistance on the 3:00 pm — 11:00 pm shift to patient G.H., a then-ninety-two-year-old female with diagnoses including encephalopathy, dementia and hemiplegia/hemiparalysis. 6. On or about November 24, 2018, at approximately 9:30 pm, Respondent reported to the nurse that G.H. had a laceration near her eye due to G.H. turning against the side rail of her bed. 7. Onor about November 24, 2018, at approximately 9:30 pm, the nurse applied first aid to G.H.’s laceration and notified the family and health care provider. 8. Onor about November 25, 2018, at approximately 4:00 am, G.H. was noted to have an alteration of her normal mental status and was transported to the Emergency Department of the local hospital. On Department of Health v. Marie Myrglalse Jean Benjamin, C.N.A. 2 Case Number 2019-03570 \ evaluation in the Emergency Department, G.H. was found to have a subdural hematoma. 9. After G.H.’s family requested an investigation, Respondent admitted that while bathing G.H., on or about November 24, 2018, at approximately 9:30 pm, Respondent left her momentarily unattended on the bed, and G.H. fell from the bed hitting her head on the floor. 10. Respondent admitted to placing G.H. back in bed on or about November 24, 2018, and not reporting the fall. 11. Section 464,204(1)(b), Florida Statutes (2018), provides that intentionally violating any provision of this chapter, chapter 456, or the rules adopted by the board constitutes grounds for disciplinary action. 12. Section 456.072(1)(a), Florida Statutes (2018), provides that making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession constitutes grounds for disciplinary action. 13. On or about November 24, 2018, at approximately 9:30 pm Respondent intentionally made misleading, deceptive, or fraudulent representations in or related to the practice of nursing assistance when Respondent falsely advised the nurse, who advised the family and the Department of Health v. Marie Myrglaise Jean Benjamin, C.N.A. 3 Case Number 2019-03570 healthcare provider, that G.H. sustained a laceration of the area around her eye due to turning into the bed rail, and did not notify them of G.H.'s fall from bed hitting her head on the floor. 14. 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), by making misleading, deceptive, or fraudulent representations related to the practice of the licensee's profession. Department of Health v. Marie Myrglaise Jean Benjamin, CNA. | 4 Case Number 2019-03570 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 26__day of July, 2019. FILED /f Dwlie A. McDonald PARTMENT OF HEALTH Dirlie A. McDonald DEPEDEPUTY CLERK Assistant General Counsel CLERK: a, Mud DOH Prosecution Services Unit E: JUL 2 6 2019 4052 Bald Cypress Way, Bin C-65 DATE: __"==--""——___ Tallahassee, Florida 32399-3265 Florida Bar Number 885061 (850) 588-9696 Telephone (850) 245 - 4683 Facsimile Dirlie. mcdonald@flhealth.gov /DAM PCP: July 26, 2019 PCP Members: Habgood (chair) and Newman Department of Health v. Marie Myrglaise Jean Benjamin, C.N.A. 5 Case Number 2019-03570 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. Marie Myrglaise Jean Benjamin, C.N.A. 6 Case Number 2019-03570

Docket for Case No: 20-000610PL