Findings Of Fact Respondent is, and has been at all times material to the allegations of the Administrative Complaint, a registered nurse in the State of Florida, having been issued license number 1553112. Respondent's nursing license is current through March 31, 1987. In April 1984, Respondent applied for a license to practice nursing in the State of Florida. On this application she indicated she had never been arrested for any offense other than a traffic violation. The aforesaid application was signed by Respondent under oath. However, on or about 7 September, 1974, Respondent pleaded guilty to a charge of abduction of a female. Respondent was convicted of the aforesaid crime and sentenced to not less than three (3) nor more than ten (10) years in a state prison with execution of sentence suspended and Respondent placed on probation for a period of three (3) years. Marianne Gauthier and Respondent are one and the same person. Respondent was tried in a county court in West Virginia and never actually served any prison time. Upon successful completion of her probation period, Respondent was released from all provisions of probation. Subsequent to her arrest and conviction in 1974 Respondent completed a four year college curriculum to qualify as a registered nurse and has had no further involvement with any law enforcement authority. RECOMMENDED that Respondent be issued a reprimand for failure to accurately complete her license application and be placed on probation for a period of 6 months. Entered this 11th day of April, 1986 at Tallahassee, Florida. K. N. AYERS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1986. COPIES FURNISHED: William M. Furlow, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Marianne E. Abbott 1824 Cadillac Circle Tampa, Florida 33619
The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, the Respondent was a certified nursing assistant (C.N.A.), holding Florida certificate number CX 0501XXXX17400. At all times material to this case, the Respondent was employed as a C.N.A. at the Rehabilitation and Health Care Center, 2629 Del Prado Boulevard, Cape Coral, Florida. One of the residents at the facility where the Respondent was employed was H.L., a 67-year-old female described as frail and in poor health, suffering from dementia, vascular insufficiency, and cardiac problems. On October 24, 2004, the Respondent was assigned to provide care to H.L. On that day, other employees heard yelling coming from H.L.'s room and entered her room, whereupon the Respondent was observed yelling at H.L with the Respondent's hands on H.L.'s shoulders and legs, forcefully pushing H.L. onto a bed. Linda Roan, a registered nurse, testified at the hearing as an expert in nursing care of elderly patients. Nurse Roan opined that the treatment provided by the Respondent to H.L. on October 24, 2004, failed to meet minimal standards of acceptable and prevailing nursing practice. Nurse Roan's testimony is accepted.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Health enter a final order finding that Rose Gaubert, C.N.A., is guilty of one count of failure to meet minimal standards of acceptable and prevailing nursing practice, and imposing a fine of $50, a probationary period of one year, and such additional training as the Department of Health deems appropriate. DONE AND ENTERED this 14th day of December, 2005, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of December, 2005. COPIES FURNISHED: Kurt L. Barch, Esquire Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399 Rose Gaubert 1613 Maple Drive Fort Myers, Florida 33907 R. S. Power, Agency Clerk Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1701 Timothy M. Cerio, General Counsel Department of Health 4052 Bald Cypress Way Tallahassee, Florida 32399-1701 Dan Coble, RN PhD CNAA C, BC Executive Director Board of Nursing Department of Health 4052 Bald Cypress Way, Bin C02 Tallahassee, Florida 32399-3252
Recommendation It is recommended the stipulated settlement as described above be accepted. DONE and ENTERED this 26th day of July, 1991, in Tallahassee, Florida. K.N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of July, 1991.
