DEPARTMENT OF HEALTH, PETITIONER, STATE OF FLORIDA BOARD OF NURSING v. CASE NO. 2017-04833 MONICA HOLLY ZOELLNER, 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, Monica Holly Zoeliner, U.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 5187108.
3. Respondent's address of record is 5870 56th Avenue N., Apt. B109, Kenneth City, Florida 33709. 4. Respondent may also be found at 6842 16th Place N., Apt. 741, Saint Petersburg, Florida. 33710. 5. During the period from on or about May 24, 2013, through on or about November 15, 2013, Patient J.B. was a patient and resident in the Mental Health Residential Rehabilitation Treatment Program (MHRRTP), administered by the Department of Veterans Affairs. 6. At all times material to this Administrative Complaint, Respondent was employed as a licensed practical nurse by the Department of Veterans Affairs and worked with, for, and/or in the MHRRTP. 7. During the period from on or about May 24, 2013, through on or about November 15, 2013, Respondent provided direct nursing care to Patient J.B. 8. During the period from on or about May 24, 2013, through on or about November 15, 2013, Respondent and Patient J.B. had a nurse-patient relationship. Department of Health v. Monica Holly Zoellner, L.P.N. 2
9. In or about the period from on or about May 24, 2013, through on or about November 15, 2013, Respondent entered into a sexual relationship with Patient J.B. 10. In or about the period from on or about May 24, 2013, through on or about November 15, 2013, Respondent used her nurse-patient relationship with Patient J.B., to do one or more of the following: a. engage in verbal or physical sexual activity with Patient J.B.; b. attempt to engage in verbal or physical sexual activity with Patient J.B.; c. induce Patient J.B. into verbal or physical sexual activity; and/or d. attempt to induce Patient J.B. into verbal or physical sexual activity. 11. Section 456.072(1)(v), Florida Statutes (2012, 2013), provides that engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2012, 2013), constitutes grounds for disciplinary action. 12. Section 456.063(1), Florida Statutes (2012, 2013), provides that sexual misconduct in the practice of a health care profession means violation Department of Health v. Monica Holly Zoellner, L.P.N. 3
of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 13. As set forth above, in or about the period from on or about May 24, 2013, through on or about November 15, 2013, Respondent used her nurse-patient relationship to engage in, attempt to engage in, induce, and/or attempt to induce, Patient J.B. in verbal or physical sexual activity. 14. Based on the foregoing, Respondent violated Section 456.072(1)(v), Florida Statutes (2012, 2013), by engaging or attempting to engage in sexual misconduct. [Remainder of page intentionally left blank] Department of Health v. Monica Holly Zoellner, L.P.N. 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 11th day of May 2018. Celeste Philip, MD, MPH State Surgeon General and Secretary SON SEAR stant General Counsel Bar No. 98772 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9898 Facsimile: (850) 245-4662 Email: judson.searcy@flhealth.gov PCP: 05/10/2018 PCP Members: Gordon & Whitson CLERK DATE FILED DEPARTMENT OF HEALTH DEPUTY CLERK aniergancrors 5-11-2018 Department of Health v. Monica Holly Zoeliner, L.P.N. 5
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, 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 28-106.111(2)1 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 28-106.111(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 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, 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 456.072(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. Monica Holly Zoeliner, L.P.N. 6