STATE OF FLORIDA BOARD OF NURSING FINAL ORDER. This matter appeared before the Board of Nursing at a dulynoticed

Transcription

1 DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA BOARD OF NURSING Final Order No. DOH D1 MQA FILED DATE -AUGA Departm t ortlealth vs. STEPHANIE ELIZABETH SEELINGER, Case No.: License No.: PN Respondent. FINAL ORDER This matter appeared before the Board of Nursing at a dulynoticed public meeting on August 4, 2017 in West Palm Beach, Florida, for a hearing not involving disputed issues of material fact pursuant to Sections and (2), Florida Statutes. Petitioner has filed an Administrative Complaint seeking disciplinary action against the license. A copy of the Administrative Complaint is attached to and made a part of this Final Order. Respondent was properly served but failed to submit a timely election of rights or otherwise respond to the service of the Administrative Complaint. Petitioner has filed a Motion for Determination of Waiver and Entry of Final Order. Petitioner was represented by Louise St. Laurent, Assistant General Counsel, Department of Health. Respondent was not present. FINDINGS OF FACT Since the licensee has not replied to the Administrative Complaint nor contested the factual allegations, the prosecuting

2 attorney offered the investigative file as a basis to determine penalty. The investigative file was received into evidence. The Board adopts as its finding of facts the facts set forth in the Administrative Complaint. CONCLUSIONS OF LAW Based upon the Findings of Fact, the Board concludes the licensee has violated Section (1)(b), Florida Statutes. The Board is empowered by Sections (2) and (2), Florida Statutes, to impose a penalty against the licensee. Therefore it is ORDERED that: The licensee must pay investigative costs of $ within 12 months of the date this Final Order is filed. Payment shall be made to the Board of Nursing and mailed to, DOH-Compliance Management Unit, 4052 Bald Cypress Way, Bin C76 Tallahassee, Florida , Attention: Nursing Compliance Officer. Payment must be made by cashier's check or money order ONLY. Personal checks will not be accepted. The license of STEPHANIE ELIZABETH SEELINGER is suspended and shall remain suspended until such time that she enters into the Intervention Project for Nurses (IPN) and complies with any and all terms and conditions imposed by IPN. It is the duty of the licensee to contact the IPN at P.O. Box 49130, Jacksonville Beach, Florida , (904) within 30 days from the date of entry of this order. The licensee shall comply with all

3 conditions of the IPN Advocacy Contract or she will be in violation of the Board Order. This Final Order shall become effective upon filing with the Clerk of the Department of Healh. DONE AND ORDERED thisti/day o, BOARD OF NURSIN Joe R Exec Jody ant or for wman, EdD, EdS, CHAIR NOTICE OF APPEAL RIGHTS Pursuant to Section , Florida Statutes, the parties are hereby notified that they may appeal this Final Order by filing one copy of a notice of appeal with the clerk of the department and by filing a filing fee and one copy of a notice of appeal with the District Court of Appeal within thirty days of the date this Final Order is filed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail to STEPHANIE ELIZABETH SEELINGER, 405 NE Americana Blvd, Palm Bay FL & 1264 Helliwell Street NW, Palm Bay FL by to IPN, info@ipnfl.orq, Lee Ann Gustafson, Senior Assistant Attorney General, Lee.Gustafson@myfloridalegal.com and Department of

4 Health-PSU, on this day of, Deputy Agency Cler ,11111.,11, , , " Stephanie Elziabeth Seelinger 405 NE American Blvd Palm Bay, FL CertifiedArticlp jam ,1111.,11, , , 91,11111,11,1,11111 Stephanie Elziabeth Seelinger 1264 Helliwell Street NW Palm Bay, FL Certified Article Number:

5 24707 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO STEPHANIE ELIZABETH SEELINGER, L.P.N., 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, Stephanie Elizabeth Seelinger, L.P.N., a.k.a. Stephanie Thomas, 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 licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN

6 Respondent's address of record is 405 N.E. Americana Boulevard, Palm Bay, Florida Respondent's alternate address is 1264 Helliwell Street N.W., Palm Bay, Florida The New Jersey Board of Nursing is the licensing authority for nurses in the state of New Jersey. 6. Respondent's New Jersey nursing license number is PN 26NP On or about September 19, 2016, the New Jersey Board of Nursing issued a Final Order of Discipline, related to a 2012 conviction.for disorderly conduct, and suspended her New Jersey license until she underwent evaluation by the New Jersey Recovery and Monitoring Program. 8. Section (1)(b), Florida Statutes (2016), provides that having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country constitutes grounds for disciplinary action. Department of Health v, Stephanie Elizabeth Seelinger, LP.N. 2 Case Number

7 As set forth above, Respondent had a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country, when on or about September 19, 2016, the New Jersey Board of Nursing suspended Respondent's license. 10. Based on the foregoing, Respondent violated Section (1)(b), Florida Statutes (2016), by having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. 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. Department of Health v. Stephanie Elizabeth Seelinger, L.P.N. 3 Case Number

8 24710 SIGNED this day of Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK DATE FILED DEPARTMENT OF HEALTH DEPUTY CLERK :JuArM17 Justin D. Chang Assistant General Counsel Florida Bar No Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL Telephone: (850) ext Facsimile: (850) /J DC PCP Date: I /I- ( PCP Members: 14141)6.-v{ 44%4)3 Department of Health v. Stephanie Elizabeth Seelinger, L.P.N. 4 Case Number

9 24711 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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 (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 (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 (5), Florida Administrative Code. Mediation under Section , 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 (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. Stephanie Elizabeth Seellnger, 5 Case Number