The Issue Whether disciplinary action should be taken against the Respondent's license to practice nursing, based upon alleged violations of Sections 464.018(1)(h), 464.018(1)(I), 464.018(1)(j), and 455.227(1)(q), Florida Statutes, and if so, what discipline is proper.
Findings Of Fact Petitioner is the state agency charged with regulating the practice of pharmacy pursuant to Section 20.42, Florida Statutes; Chapters 455 and 465, Florida Statutes. The Respondent, Fred Leon London, III, a 48-year-old male, and at all times material to this matter, holds active nursing license numbers PN 1089021 and RN 2804642. Respondent has been a registered nurse for approximately five years. In October of 1995, Respondent was employed as a registered nurse at Columbia Park Medical Center in Orlando, Florida, working the 3:00 p.m. to 11:00 p.m. shift. On October 4, 1995, the hospital, at which Respondent worked, had a discrepancy with one of its narcotic systems called the Phyxis machine. The discrepancy was reported by Respondent. A search was conducted to locate the missing drugs and the narcotics could not be located at that time. It was determined that Respondent and one other nurse were the last two nurses who operated the machine. Pursuant to hospital policies, the Respondent and the other nurse were asked to submit to a urine screen for the purpose of determining if they had ingested any drugs. The Respondent submitted to a urine screen as requested by his employer on October 5, 1995. The urine screen was performed by Smith Kline Beecham Laboratories. The test results performed on behalf of the hospital and the subsequent voluntary test taken by Respondent on October 13, 1995, cannot support a finding of fact, since the reports are uncorroborated hearsay. Following the in-house investigation, the Respondent was terminated from his employment and a report was filed with the Board of Nursing. The missing narcotics were subsequently located the following day. They had been misplaced, but not tampered with. They were returned to inventory. Respondent was referred to the Intervention Project for Nurses (IPN). Respondent participated in a psychosocial assessment on October 12, 1995. Respondent has no prior criminal or disciplinary history and denies that he used marijuana or any other controlled substance on October 4 or 5, 1995.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Board of Nursing find the Respondent not guilty as to Counts I, II, III, and IV of the Administrative Complaint, dated August 4, 1997, and that the Administrative Complaint be dismissed. DONE AND ENTERED this 8th day of April, 1998, at Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 Filed with the Clerk of the Division of Administrative Hearings this 8th day of April, 1998. COPIES FURNISHED: Craig A. McCarthy, Esquire Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 Dr. Xavier C. Pinellas Qualified Representative 211 Broadway, Suite 115 Kissimmee, Florida 34741 Pete Peterson, General Counsel Department of Health 1317 Winewood Boulevard Building 6, Room 102-E Tallahassee, Florida 32399-0700 Angela T. Hall, Agency Clerk Department of Health 1317 Winewood Boulevard Building 6 Tallahassee, Florida 32399-0700 Marilyn Bloss, Executive Director Board of Nursing Department of Health 4080 Woodcock Drive, Suite 202 Jacksonville, Florida 32207
Findings Of Fact Margie Leverson, petitioner, was registered with the Florida State Board of Nursing in 1978 as a licensed practical nurse holding license number 13107-1. On the evening of March 9, 1978, petitioner was assigned to work the 11 p.m. through 7 a.m. shift in the critical care unit of Palm Springs General Hospital, Homestead, Florida. An audit of administration records at the Hospital disclosed that petitioner failed to properly chart medications administered to a number of patients, that she failed to complete the nurses' notes of patients under her care, and that she did not sign the medication administration profile sheets or nurses' notes for any of the patients under her care during the time at issue. The importance of conforming to these requirements is to assure that all medications have been given when scheduled and to assure continuity in evaluating a patient's illness. With critically ill patients, it is necessary to be able to ascertain when a condition or problem was noted and how it was treated. Otherwise, continuity is lost, and it is possible that decisions as to treatment may not be accurately made, and the nurse in charge cannot in every case be identified unless her signature appears on the documents. Failure to chart medications administered to patients. On two occasions, petitioner failed to chart medications administered to patients. Specifically, Juan Pinera was to receive 2 million units of penicillin intravenously every four hours, including twice during the time he was in petitioner's care. However, the prescribed medication was not charted as having been given to the patient during this time. Another patient, Peter L. Garcia, was scheduled to receive ampycillin 500 mg. at midnight and 6 a.m., and garamycin 40 mg. at midnight. Such administrations, if given, were not charted by petitioner. Failure to adequately and properly chart the nurses' notes of patients in the nurse's care. In the case of four patients under the care of petitioner, no nurses' notes were kept. (Exhibit Nos. 1, 2, 5, & 6). For the other three patients, the notes were of minimal, if any, value because they did not provide any evaluation or explanation of the problems noted. (Exhibit Nos. 3, 4 & 7). Petitioner herself acknowledged that the words were written in her hand writing and were of no value to anyone attempting to determine the patient's condition. Failure to sign medication administration profile sheets and nurses' notes. The petitioner failed to sign the medication administration profile sheets and nurses' notes for any of the patients under her care during the time at Issue. In mitigation, petitioner had earlier completed a 3 p.m. through 11 p.m. shift at another hospital on the same date. She arrived on duty at the Hospital around 11:30 p.m. Because of an argument with a co-worker, she was transferred by her supervisor to another unit around 1:00 a.m. and claims she cannot be held accountable for the failures as to the seven patients who were under her care. Petitioner stated she ultimately left the hospital on leave around 3:00 a.m. due to a pinched nerve in her back.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED the application of Margie Leverson for reinstatement of her license as a licensed practical nurse be granted subject to the conditions set forth in conclusion 14 above. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Ms. Margie Leverson 4030 Northwest 190th Street Opa Locka, Florida 33055 Frank A. Vickory, Esquire Assistant Attorney General The Capitol Tallahassee, Florida 32301
The Issue The issue in this case is how the Board of Nursing (Board) should discipline the Respondent’s registered nurse license for: pleading guilty to two counts of larceny-grand theft of a controlled substance, which were third degree felonies under section 812.014(2)(c)13., Florida Statutes1/; pleading nolo contendere to possession or use of narcotic equipment, a first degree misdemeanor under section 893.147(1), Florida Statutes; pleading nolo contendere to larceny-petit theft, a second degree misdemeanor under section 812.014(3)(a), Florida Statutes; and failing to report the criminal violations to the Board within 30 days.
Findings Of Fact In April 2014, the Respondent became licensed to practice as a registered nurse in Florida. He holds license RN 9381249. He also has a certified nursing assistant license, which he has held since 2009. From November 2014 until January 2015, the Respondent was working as a registered nurse at Sarasota Memorial Hospital. While working there, he diverted controlled substances for his own use. Specifically, he was putting Percocet pills prescribed for, but not used by, patients in his pocket and taking them later himself for pain. The Respondent was found out, fired, arrested, and charged with criminal violations. In August 2015, the Respondent entered pleas of: guilty to two counts of larceny-grand theft of a controlled substance, third degree felonies in violation of section 812.014(2)(c)13.; nolo contendere to possession or use of narcotic equipment, a first degree misdemeanor in violation of section 893.147(1); and nolo contendere to larceny-petit theft, a second degree misdemeanor in violation of section 812.014(3)(a). The Respondent was sentenced to a 14 month-long drug court program (which included random drug sampling), probation, fees and costs, and was prohibited from practicing as a nurse while he was on probation. Adjudication was withheld. The Respondent did not report his pleas and convictions to the Board in writing. He testified that he thought the Board had sufficient notice because an unidentified representative of the Board was present at the plea hearing and asked the judge to have the Respondent repeat the pleas so they could be properly and clearly recorded for use in a license discipline proceeding, and because he telephoned the Board soon after the incident and was told to stop practicing nursing. The Respondent successfully completed the drug court program and probation, and fulfilled all other conditions of his pleas and sentences. The Respondent acknowledged that his diversion of controlled substances from his place of employment was wrong, a mistake, and showed poor judgement.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Nursing enter a final order: finding the Respondent guilty of violating sections 456.072(1)(x) and 464.018(1)(e); reprimanding him; fining him $500; requiring IPN evaluation and treatment, if necessary; and assessing the costs of investigation and prosecution. DONE AND ENTERED this 6th day of February, 2017, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of February, 2017.
The Issue Whether Petitioner’s request for an exemption from disqualification pursuant to sections 408.809(6) and 435.07(3), Florida Statutes, should be granted.
Findings Of Fact Respondent is authorized to conduct certain background screenings and grant exemptions for employees providing specific types of services within health care facilities licensed under chapters 400, 408, and 435, Florida Statutes. See § 408.809, Fla. Stat. (2010)1/ Petitioner holds a valid license as a licensed practical nurse from the Florida Department of Health, Board of Nursing (Department of Health). As part of an application for employment with a nursing home for a position other than as licensed practical nurse that does not require licensure or certification,2/ Petitioner underwent background screening which revealed the following criminal convictions: Petitioner’s guilty plea and adjudication of guilt on February 14, 2003, of two third degree felonies, including Organized Fraud of Less than $20,000 and Criminal Use of Personal Identification Information; and Petitioner’s plea of no contest to the first degree misdemeanor of contributing to the delinquency of a minor and adjudication of guilt on January 30, 2009. Each of the above-referenced criminal convictions revealed in Petitioner’s background check would make Petitioner ineligible to provide a service other than a service within the scope of her nursing license in a health care facility licensed by Respondent unless Petitioner receives an exemption from Respondent pursuant to sections 408.809(6) and 435.07(3), Florida Statutes. Petitioner submitted an application for exemption in accordance with sections 408.809(6) and 435.07 to Respondent dated April 27, 2010, which Respondent received on May 3, 2010. The application for exemption submitted by Petitioner makes it clear that Petitioner sought, and is seeking in this proceeding, an exemption for employment with an assisted living facility or nursing home in a capacity other than as a licensed practical nurse for which she holds a license. The application for exemption submitted by Petitioner was on Respondent's pre-printed form. Petitioner selected the third box on page one of the pre-printed form. The pre-printed language corresponding to the third box provides: "I am a licensed or certified health care professional and I applied for employment with a health care provider in a position that does not require licensure or certification." The pre-printed language next to the third box further provides: "NOTE: If you are seeking an exemption to work as a CNA, RN, LPN or other licensed or certified position, please contact the appropriate licensing board." On page 2 of the pre-printed form, Petitioner checked boxes indicating that she had been denied employment with an assisted living facility and a nursing home and is seeking an exemption for positions providing a "Dietary" service or as an "Employee/Staff Person." At a telephonic hearing conducted by Respondent on May 26, 2010, Petitioner explained her version of the facts surrounding her arrests and convictions. In addition to Petitioner, the telephone hearing was attended by Respondent’s background screening manager, Sherri Ledbedder, and Respondent’s background screening consultants, Bob Wrightfinger, Bobbie Oday, and Pam Smith. Respondent’s file for Petitioner’s exemption request contains police reports, plea and conviction records, and a number of letters in support of Petitioner’s requested exemption, all of which were received into evidence in this proceeding as Exhibit R-1. In addition, a transcript of the telephonic hearing was received into evidence as Exhibit R-2. As noted above, after the telephonic hearing, Respondent preliminarily denied Petitioner’s request for an exemption, and Petitioner requested an administrative hearing. At the final hearing in this case, Petitioner once again explained her version of the facts surrounding her arrests and convictions. Petitioner was attending nursing school at the time of her 2003 convictions. According to Petitioner, her convictions in 2003 were the result of her confessions to crimes that she knew about but did not actually commit. Petitioner explained that others used her home computer to purchase another computer by fraudulent use of identification information obtained from a hospital patient. Petitioner further explained that, although she did not actually commit the crimes for which she was convicted in 2003, she confessed in order to protect her friends and because the crimes were committed in her home using her computer. She explained that she felt responsible because she was aware of the crimes and had not timely advised authorities. As a result of her confessions and convictions in 2003, Petitioner was sentenced to six months in jail and three years of probation. Petitioner was released after four months and completed her probation, during which she successfully passed regular drug tests. Despite her convictions and incarceration, Petitioner completed her nursing education in 2004, and graduated with honors, receiving a diploma in Practical Nursing from Orange County Public Schools, Orlando Tech, on October 15, 2004. As a result of her felony convictions, Petitioner lost her civil rights. In 2007, Petitioner posted an application to the clemency board and her civil rights were restored on June 4, 2007. Since her felony convictions, Petitioner has started an organic soap company named “Planthead,” which is registered and operating in the United States and Jamaica. She also has a business interest in a taxi service in Jamaica. In addition, Petitioner had an ownership interest in a bar in Jamaica, which is now closed. As to her plea of no contest to the first-degree misdemeanor of contributing to the delinquency of a minor and adjudication of guilt on January 30, 2009, Petitioner explained that she pled nolo contendere on the ill-advised recommendation of a lawyer. Petitioner testified that she was living in a house with her mother and her mother’s boyfriend in November 2008, when the police came to the house at the request of Petitioner’s mother’s boyfriend to serve eviction papers on Petitioner and her mother. According to Petitioner, when the police arrived, they smelled marijuana and proceeded to search the house. Petitioner testified that her son was playing outside at the time. Then, according to Petitioner, the police fabricated a story that they had found marijuana in Petitioner’s possession and arrested her. Petitioner advised that she was arrested for possession of marijuana and child abuse. Petitioner said that she was afraid that she would lose her son. According to Petitioner, after she obtained a lawyer to represent her in the case, he persuaded her to plea nolo contendere to a lesser offense of contributing to the delinquency of a minor. Petitioner said she followed her lawyer's advice because he told her that, since he was an out- of-town lawyer, the judge would not be favorable to her and she could end up with a long prison sentence. As a result of her conviction, she received a 30-day sentence which was suspended on the condition that she complete 20 hours of community service, attend a parenting class, and undergo two random drug tests, to be completed by July 29, 2009. Petitioner successfully completed the conditions of her suspended sentence. Thereafter, Petitioner applied for an exemption from the Department of Health, Board of Nursing, regarding her convictions that are the subject of this proceeding. On February 11, 2010, the Board of Nursing granted the exemption, in a letter stating: Dear Ms. Longmore: The Florida Board of Nursing has completed the review of your Level 1 Criminal History report for licensed Practical Nurse licensure. Based on the information provided by the Florida Department of Law Enforcement (FDLE), you have been found guilty of, regardless of adjudication, or entered a plea of guilty or nolo contendre to the criminal offenses listed above in Section 435.03(2), F.S. It has been determined; you have demonstrated clear and convincing evidence you will not present a danger if employed within the healthcare field. This exemption is granted to cover Certified Nursing Assistants, Licensed Practical Nurses and Registered Nurses should you be employed or seek employment within a facility licensed under Chapter 400, F.S. If any disqualifying offense(s) are committed after the date of this letter, a new exemption is required. If your employer has received a background screening from the Agency for Health Care Administration (AHCA) or their website, which shows “pending” or “not ok” you may work with this exemption. However, you must also contact AHCA regarding information they may need. This exemption does not change your criminal history, but merely provides eligibility for employment; therefore the “not ok” will remain on their website regardless. Other than the letter granting the exemption itself, there was no evidence presented which explains or elaborates on the Board of Nursing’s rational for granting the exemption. There are a number of favorable letters of recommendation in Respondent’s file in support of Petitioner’s requested exemption. Those letters were received into evidence as part of Exhibit R-1, and were considered in preparing this Recommended Order. While Petitioner's versions of the facts surrounding her convictions of disqualifying offenses are plausible, they conflict with her confessions and pleas of those crimes and are therefore less than clear and convincing. In addition, while there is favorable evidence supporting Petitioner's request for exemption, based upon the period of time since the disqualifying felony violations, the seriousness of those offenses, the nature of harm caused to the victim, and Petitioner's relatively recent conviction of contributing to the delinquency of a minor, which is also a disqualifying offense, it cannot be said that Petitioner proved by clear and convincing evidence that she is entitled to receive the exemption she seeks from Respondent. In sum, Petitioner failed to meet her burden of proving by clear and convincing evidence that she is entitled to an exemption issued by Respondent for a position providing a service that is not within the scope of her license as a licensed practical nurse.3/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency for Health Care Administration enter a Final Order, consistent with these findings and conclusions, denying the application for an exemption submitted by Petitioner in this case. DONE AND ENTERED this 23rd day of March, 2011, in Tallahassee, Leon County, Florida. S JAMES H. PETERSON, III Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 2011.
Findings Of Fact The Respondent is a licensed registered nurse in the State of Florida holding license number 1091372. The Petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 464 related to the licensure standards for nursing in the State of Florida and the regulation and enforcement of standards of nursing practice. Pursuant to a previous disciplinary proceeding against this Respondent, a Final Order was entered by the Petitioner whereby the Respondent's nursing license number 1091372, which is the subject of this proceeding, was placed on probationary status for a period of one year from August 19, 1985. As a condition of that probation, the Respondent was required to submit to random blood and/or urine tests. Pursuant to the authority of this Order, Charles E. Wheelahan, an investigator with the Investigation Section of the Department of Professional Regulation, attempted to obtain a urine sample from the Respondent, pursuant to the previously entered Final Order, during the period June 13-27, 1986. Mr. Wheelahan first phoned the Respondent on June 13 to set up an appointment and told the Respondent the reason for the appointment. The Respondent appeared to be somewhat incoherent in her conversation by phone that day and so the investigator set up an appointment for another day. He went to her residence on June 25 and asked that she supply a urine sample. She informed him she was unable to do so at that time. He waited approximately one and one-half hours, during which time she made no attempt to furnish him with the requested sample. The following day he requested by phone that she meet him at "University Hospital" on the following day, which would be June 27, 1986. Later that day she called him and cancelled that appointment. He then offered to meet her at any other time on that day and got no cooperation from the Respondent. Thus, after giving the Respondent three opportunities to comply with the requirements of the Order by which her license was placed on probation, Mr. Wheelahan recommended and the Petitioner ultimately instituted the instant prosecution. Witness Elaine Brantley testified and established that she had transcribed the telephone conversation Mr. Wheelahan had with the Respondent on June 27, 1986. That transcript was admitted as Petitioner's Exhibit C, being a transcript of the witness' shorthand notes regarding the telephone conversation. This exhibit, as well as the testimony of Mr. Wheelahan, and the other uncontroverted evidence, establishes that the Respondent evaded and obstructed Mr. Wheelahan's attempts to obtain a urine sample as required by the Final Order which had imposed probation with that random sampling as a condition. Mr. Wheelahan advised the Respondent that her failure to cooperate in arranging to provide the sample would be reported as a refusal to comply with the terms of the probation and he so reported it. She continued her evasiveness and refusal to cooperate in arranging the provision of a urine sample to the Petitioner with this knowledge.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of counsel, it is, therefore RECOMMENDED that the Florida Board of Nursing enter a Final Order suspending the Respondent's license until such time as she appears before the Board and adequately demonstrates her ability to safely engage in the practice of nursing in the State of Florida. DONE and ORDERED this 2nd day of July 1987, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of July, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-4770 The Petitioner's Proposed Findings of Fact have all been accepted. The Respondent did not file Proposed Findings of Fact. COPIES FURNISHED: Gary D. Beatty, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Delores Eckard 775 Berkley Drive Pensacola, Florida 32503 Judie Ritter, Executive Director Board of Nursing Room 504 111 East Coastline Drive Jacksonville, Florida 32201 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Joseph A. Sole, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether disciplinary action should be taken against the respondent, Tana Lee Hand, for an attempt to procure a license to practice nursing in the State of Florida by giving a false answer on an application form.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Administrative Complaint against tile respondent, Tana Lee Hand, be dismissed. DONE and ORDERED this 14th day of July, 1980, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Jeffery B. Morris, Esquire 2400 Independent Square One Independent Drive Jacksonville, Florida 32202 Robert J. Castellanos, Esquire 1528 Hendry Street Post Office Box 1999 Fort Myers, Florida 33902 Geraldine B. Johnson, R. N. Board of Nursing 111 Coastline Drive East, Suite 504 Jacksonville, Florida 32202
Findings Of Fact Having reviewed the entire record before it, the Board finds that the Findings of Fact as contained in the Hearing Officer's Recommended Order are adequately supported by competent, substantial evidence and hereby adopts those Findings of Fact as its own.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner's application for licensure by examination be GRANTED and that Ann Mary McKay be authorized to take the licensed practical nurse examination. DONE and ENTERED this 9th day of March, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of March, 1982.
The Issue The issues to be determined are whether Respondent committed the acts alleged in the Administrative Complaint and if so, what penalties should be imposed?
Findings Of Fact Petitioner is the state agency responsible for regulating the practice of nursing assistance pursuant to Section 20.43 and Chapters 456 and 464, Florida Statutes. At all times relevant to these proceedings, Respondent was a certified nursing assistant, having been issued license number 84961. Her address with the Department of Health is Post Office Box 402, McIntosh, Florida 32664. On June 25, 2007, a Final Order was entered by the Board of Nursing against Respondent. The Final Order required Respondent to pay a fine of $50.00, enroll in and successfully complete courses in Legal Aspects for Nursing Assistants, and placed Respondent on probation for two years. A condition of the two-year probation was “[w]hether employed as a nurse or not, the licensee shall submit written reports to the Nursing Compliance Officer which shall contain the licensee’s name, license number, and current address; the name, address, and phone number of each current employer; and a statement by the licensee describing her employment. This report shall be submitted to the Nursing Compliance Officer every three (3) months in a manner as directed by the Nursing Compliance Officer.” (Emphasis supplied.) Respondent’s probation required that she “be responsible for assuring that reports from nursing supervisors will be furnished to the Nursing Compliance Officer every three (3) months. That report shall describe the licensee’s work assignment, work load, level of performance, and any problems." Quarterly self-reports and reports from her nursing supervisor, if any, were due to the Department on September 24, 2007, December 24, 2007, March 24, 2008, June 24, 2008, September 24, 2008, December 24, 2008, March 24, 2009, and June 24, 2009. Failure to comply with the terms of probation contained in the Final Order without prior written consent from the Board of Nursing was a violation of Respondent’s probation. As part of the Final Order a Notice of Appeal Rights was included, indicating that Respondent had 30 days to file a Notice of Appeal with the clerk of the department pursuant to Section 120.68, Florida Statutes, if she wanted to challenge the Final Order. Shaila Washington, a compliance officer for the Board of Nursing, was Respondent’s compliance officer. As Respondent’s compliance officer, Ms. Washington mailed Respondent the Board of Nursing's standard information packet on July 18, 2007. The packet outlines the terms imposed by the Board and summarizes what the Respondent needed to do in order to comply, including definite due dates listed above. The letter accompanying the information packet states in bold, "Remember, it is your responsibility to read the final order and ask questions if you do not understand it." Respondent did not contact her compliance officer regarding the information packet mailed to her. She also did not appeal the final order. Ms. Washington testified, and Respondent confirmed, that Respondent failed to submit any of the quarterly reports, by Respondent or any supervisor, as required pursuant to the terms of Respondent’s probation. Respondent stated that she did not file any of the reports because she was not working as a CNA. However, the Final Order was clear that even if Respondent was not employed, she was required to follow the probation terms and submit the reports.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That the Florida Board of Nursing enter a Final Order finding that Respondent has violated Section 464.204(1)(b) and Section 456.072(1)(q), Florida Statutes. It is further recommended that Respondent’s license to practice nursing assistance be reprimanded and that Respondent’s license be suspended, with the suspension stayed for 60 days to allow Respondent to comply with the terms of the Board’s prior Final Order. If within 60 days Respondent has not complied with the terms of the Board’s prior Final Order, it is recommended that the stay will be lifted and the suspension be imposed. The suspension will be lifted upon Respondent’s compliance with the Board’s prior Final Order. DONE AND ENTERED this 3rd day of December, 2009, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 3rd day of December, 2009.
The Issue The issues in this case are whether, before applying for licensure as a registered nurse in Florida, Petitioner had suffered the denial of an application for licensure as a practical nurse in the state of Virginia, and, if so, whether Petitioner's failure to disclose that fact in her Florida application was a knowing misrepresentation; finally, if either or both of the forgoing questions are answered in the affirmative, whether Respondent has grounds to deny Petitioner's pending application for a nursing license.
Findings Of Fact On October 15, 2012, Petitioner Yolette Tema ("Tema") signed an application for licensure as a registered nurse, which she mailed to the Department of Health for review by Respondent Board of Nursing (the "Board"). Item No. 9 of the application sought information about the applicant's disciplinary history. Four subparts (lettered A through D) asked questions that called for a "yes" or "no" answer, which the applicant was to give by marking the applicable check box. The first question ("9A") was: Have you ever been denied or is there now any proceeding to deny your application for any healthcare license to practice in Florida or any other state, jurisdiction or country? Tema answered, "No." In Item No. 10 of the application, there appeared above the signature line the following declarations: I recognize that providing false information may result in disciplinary action against my license or criminal penalties pursuant to Sections 456.067, 775.083, and 775.084, Florida Statutes. I have carefully read the questions in the foregoing application and have answered them completely, without reservations of any kind. Should I furnish any false information in this application, I hereby agree that such act shall constitute cause for denial, suspension or revocation of my license to practice as a Registered Nurse or Licensed Practical Nurse in the State of Florida. Tema's signature manifested her agreement with the foregoing declarations. Despite having acknowledged the hard consequences of deceit, Tema's negative answer to the question of whether she ever had suffered the denial of an application for licensure was false. In fact, in June 2011, the Virginia Board of Nursing had denied Tema's application for licensure as a practical nurse, on the ground that she had provided false information in an effort to obtain a license by fraud, deceit, or material omission. Tema had received timely, contemporaneous notice of the Virginia Board of Nursing's final decision, and she was fully aware of that disposition at all times relevant to this case. When she completed the Florida application in October 2012, therefore, Tema knew that her response to question 9A was false. Because the information Tema failed to disclose obviously would have hurt her chances of obtaining a license in Florida, the undersigned disbelieves Tema's explanation for the material omission, which was that she simply made a mistake.1/ Instead, the undersigned infers that Tema intentionally omitted the damaging fact of the Virginia denial in hopes that the Board would not discover it.2/ The Board did, however, discover the Virginia decision while reviewing Tema's application. Based on that past denial and Tema's present failure to disclose it, the Board determined that Tema's Florida application should be denied. The Board's preliminary decision was communicated to Tema through a Notice of Intent to Deny dated February 11, 2014. Determinations of Ultimate Fact Tema is guilty of having an application for a license to practice nursing denied by the licensing authority of another state, which is a disciplinable offense under section 464.018(1)(b), Florida Statutes.3/ Tema is guilty of attempting to procure a license to practice nursing by knowing misrepresentation, which is a disciplinable offense under section 464.018(1)(a).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Nursing enter a final order denying Tema's application for licensure as a registered nurse. DONE AND ENTERED this 10th day of September, 2014, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM 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 10th day of September, 2014.
