STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Case No. 2020-11370 Vv. TANYA THALMAN, 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, Tanya Thalman, 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 Complaint, Respondent was a certified nursing assistant within the state of Florida, having been issued certificate number CNA 356739. 3. Respondent's address of record is 2503 Harris Avenue, Apt. B, Key West, Florida 33040. 4. At all times material to this Administrative Complaint, Respondent was employed as a certified nursing assistant by Caregivers of the Keys, Inc. (COTK). 5. — At all times material to this Administrative Complaint, J.V. was an ninety-six-year-old male patient and client, who required live-in care in the form of physical assistance. 6. At all times material to this Administrative Complaint, patient J.V’s family member A.T. held durable power of attorney for patient J.V., including financial authority. 7. Between about March 2-4, 2020, Respondent provided care for patient J.V. in his home. 8. On about March 2, 2020, Respondent temporarily took patient J.V's vehicle, without permission, for approximately two (2) hours. 9. On about March 4, 2020, Respondent was discharged of her duties by COTK. 10. Upon her discharge, Respondent turned in a_ timesheet documenting her completed duties with respect to patient J.V’s daily care, DOH v. Tanya Thalman, C.N.A. 2 Case Number: 2020-11370 including notations for duties purportedly completed between about March 5-8, 2020. 11. Respondent did not provide care for patient J.V. on March 5-8, 2020. COUNT ONE 12. Petitioner realleges and incorporates paragraphs one through eleven (11) herein. 13. Section 464.204(1)(b), Florida Statutes (2019), provides that intentionally violating any provision of this chapter, chapter 456, or the rules adopted by the board, constitutes grounds for discipline. 14. Section 464.018(1)(h), Florida Statutes (2019), provides that unprofessional conduct constitutes grounds for discipline. 15. Rule 64B9-8.005(6), Florida Administrative Code, provides that unprofessional conduct includes falsifying or altering of patient records or nursing progress records, employment applications or time records. 16. As set forth above, Respondent intentionally engaged in unprofessional conduct when Respondent falsified employee time records and patient/nursing progress notations for days on which she did not provide care for patient J.V. DOH v. Tanya Thalman, C.N.A. 3 Case Number: 2020-11370 17. Based on the foregoing, Respondent violated section 464.204(1)(b) by intentionally violating section 464.018(1)(h) by engaging in unprofessional conduct, as defined by Rule 64B9-8.005(4), Florida Administrative Code, to include falsifying employment time records and patient records, or nursing progress records. COUNT TWO 18. Petitioner realleges and incorporates paragraphs one through eleven (11) herein. 19. Section 464.204(1)(b) provides that intentionally violating any provision of this chapter, chapter 456, or the rules adopted by the board, constitutes grounds for discipline. 20. Section 464.018(1)(h) provides that unprofessional conduct constitutes grounds for discipline. 21. Rule 64B9-8.005(16), Florida Administrative Code, provides that unprofessional conduct includes knowingly obtaining or using or attempting to obtain or use a patient’s property with the intent to temporarily or permanently deprive the patient of the use, benefit or possession of the funds, assets or property, or to benefit someone other than the patient. DOH v. Tanya Thalman, C.N.A. 4 Case Number: 2020-11370 22. As set forth above, Respondent intentionally engaged in unprofessional conduct when she knowingly used patient J.V.’s vehicle without permission with the intent to temporarily deprive the patient of use, benefit, or possession of his property. 23. Based on the foregoing, Respondent violated section 464.204(1)(b) by intentionally violating section 464.018(1)(h), by engaging in unprofessional conduct, as defined by Rule 64B9-8.005(16), Florida Administrative Code, to include temporarily depriving a patient from the use, benefit, or possession of his property. 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. [Signature page follows. ] DOH v. Tanya Thalman, C.N.A. 5 Case Number; 2020-11370 SIGNED this __24th day of August __, 2020. Scott A. Rivkees, MD State Surgeon General FILED DEPARTMENT OF HEALTH DEPUTY CLERK [tf Bunn L. Prescot CLERK: Amanda Morales pate: — AUG 2 4 2020 - Ann L. Prescott Assistant General Counsel Prepared by Madelyn Pendarvis DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0092974 (850) 558 — 9886 Telephone (850) 245 — 4662 Facsimile Email: Ann.Prescott@flhealth.gov ALP/mp PCP: 08/24/20 PCP Members: Munoz (chair) & Talmadge DOH v. Tanya Thalman, C.N.A. Case Number: 2020-11370 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. DOH v. Tanya Thalman, C.N.A. 7 Case Number: 2020-11370 . -

Docket for Case No: 21-000942PL