STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO SHARON KASTNER CLEMENTS, A.R.N.P., 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, Sharon Kastner Clements, A.R.N.P., 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 Administrative Complaint, Respondent was a advanced registered nurse practitioner (A.R.N.P.) within the state of Florida, having been issued license number RN

2 3. Respondent's address of record is 4050 North 48th Ave., Hollywood, Florida On or about May 1, 2015, the Board of Nursing filed a Final Order against Respondent in case number The Final Order imposed quarterly reporting obligations on Respondent and on her current Supervisor, beginning in August of Respondent failed to submit both Respondent and Supervisor quarterly reports for each and every reporting period from August 2015 through present. 7. Section (1)(q), Florida Statutes ( ), provides that violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department constitutes grounds for discipline. 8. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section (4), Florida Statutes (2016). 9. Respondent violated a Final Order filed by the Board of Nursing in case number by failing to submit quarterly Respondent and Supervisor reports. Department of Health v. Sharon Kastner Clements, RN 2

3 12. Based on the foregoing, Respondent has violated Section (1)(q), Florida Statutes ( ), by violating a lawful order of the department or board, or failing to comply with a lawfully issued subpoena of the department. 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.] Department of Health v. Sharon Kastner Clements, RN 3

4 SIGNED this 26th day of September, Celeste Philip, MD, MPH State Surgeon General and Secretary Amyl/ L. Prescott Ann L. Prescott Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida Florida Bar Number (850) Telephone (850) Facsimile /ALP PCP: September 26, 2017 PCP Members: Home (chair) & Gordon FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanger DATE SEP Department of Health v. Sharon Kastner Clements, RN 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. Sharon Kastner Clements, RN 5