STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO COLLEEN NATASHA DAVIS, 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, Colleen Natasha Davis, L.P.N., 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

2 3. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section (4), Florida Statutes (2016). 4. Respondent's address of record is 818 Jamaica Avenue, Sebastian, Florida On or about March 17, 2017, in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida, Respondent pled nolo contendere to one count of False Statement for Public Aid, a third-degree felony violation of Section (1), Florida Statues. 6. Over a period of approximately three (3) years, Respondent made up to five (5) false representations to the Department of Children and Families in order to collect benefits related to unemployment, misrepresenting that she was unemployed during that time period. 7. A licensed practical nurse is one of a handful of categories of licensed professionals that can, in many instances, provide direct patient care to the elderly, minors, or those with long-term infirmities, often in patient's homes or in nursing home settings. They are in a unique position to have direct access to drugs, patients' personal belongings, money, Department of Health v. Colleen Natasha Davis, L.P.N. 2

3 and/or financial information. As such, pleading nolo contendere to a fraud related charge of False Statement for Public Aid, relates to the practice of or the ability to practice a licensed practical nurse's profession, and violates the level of trust and confidence invested by the Legislature in these categories of licensees. 8. Section (1)(c), Florida Statutes (2016), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession, constitutes grounds for disciplinary action. 9. As set forth above, on or about March 17, 2017, Respondent pled nolo contendere to one count of False Statement for Public Aid, a crime which involved a pattern of fraudulent actions, and which relates to the practice of nursing. 10. Based on the foregoing, Respondent has violated Section (1)(c), Florida Statutes (2016), by being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. Department of Health v. Colleen Natasha Davis, L.P.N. 3

4 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 1(0 day of Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK: DATE: FILED DEPARTMENT OF HEALTH DEPUTY CLERK Angel Otworders JUN 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) justin.chang@flhealth.gov /J DC PCP Date: 6 /I (- (() 17 PCP Members: S-4-1) re Department of Health v. Colleen Natasha Davis, L.P.N. 4

5 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. Colleen Natasha Davis, L.P.N. 5