DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO. 2016-25818 MOZHGAN NOORI, R.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, Mozhgan Noori, R.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 registered nurse (R.N.) within the state of Florida, having been issued license number RN 9315931.
3. Respondent's address of record is 8154 Gerbera Drive, #9205, Naples, Florida 34113. 4. On or about June 17, 2015, the Board of Nursing filed a Final Order against Respondent in case number 2014-07302. 5. The Final Order required Respondent to enroll in and successfully complete a 2-hour course in Legal Aspects of Nursing, a 2-hour course in Nursing Ethics, and a 2-hour course in Laws and Rules within six (6) months of the date the Final Order was filed. 6. Respondent failed to enroll in and successfully complete a 2- hour course in Legal Aspects of Nursing, a 2-hour course in Nursing Ethics, and a 2-hour course in Laws and Rules within six (6) months of the date the Final Order was filed. 7. The Final Order required Respondent to submit written reports to the Nursing Compliance Officer every three (3) months during Respondent's one (1) year probationary period, effective. 8. Respondent failed to submit written reports to the Nursing Compliance Officer for the months of December 2015, March 2016, and June 2016. Department of Health v. Mozhgan Noori, R.N. 2
9. The Final Order required Respondent to submit supervisor reports to the Nursing Compliance Officer every three (3) months during Respondent's one (1) year probationary period. 10. Respondent failed to submit supervisor reports to the Nursing Compliance Officer for the months of December 2015, March 2016, and June 2016. 11. The Final Order imposed an administrative fine in the amount of two hundred dollars ($200), to be paid within twenty-four (24) months of the date the Final Order was filed. 12. Respondent failed to pay the administrative fine, in full, in the amount of two hundred dollars ($200) within twenty-four (24) months of the date the Final Order was filed. 13. The Final Order imposed costs of investigation in the amount of one thousand, one hundred eighty-seven dollars and seventy-three cents ($1,187.73), to be paid within twenty-four (24) months of the date the Final Order was filed. 14. Respondent failed to pay the costs of investigation, in full, in the amount of one thousand, one hundred eighty-seven dollars and seventy-three Department of Health v. Mozhgan Nood, R.N. 3
cents ($1,187.73) within twenty-four (24) months of the date the Final Order was filed. 15. Section 456.072(1)(q), Florida Statutes (2015), 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. 16. Respondent violated a Final Order issued by the Board of Nursing in case number 2014-07302 by failing to enroll in and successfully complete the required continuing education courses within six (6) months of the date of entry of the Final Order, and by failing to submit written reports and supervisor reports to the Nursing Compliance Officer for the months of December 2015, March 2016, and June 2016, and by failing to pay, in full, the administrative fine and costs of investigation within twenty-four (24) months of the date the Final Order was filed. 17. Based on the foregoing, Respondent violated Section 456.072(1)(q), Florida Statutes (2015), by violating a lawful order of the department or board, or failing to comply with a lawfully issued subpoena of the department. Department of Health v. Mozhgan Noon, R.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 30th day of November, 2017. Celeste Philip, MD, MPH State Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK Ang-ed 03andar CLERK: DATE: Nov 3 0 2011 Susan K. Bodner Assistant General Counsel Florida Bar No. 85737 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9817 Facsimile: (850) 245-4662 Email: Susan.Bodner flhealth.gov /SKB PCP: November 29, 2017 PCP Members: Horne & Bryant Newman Department of Health v. Mozhgan Noon, R.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), 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. Mozhgan Noon, R.N. 6