DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA BOARD OF NURSING Final Order No. DOH-17-1013-RD I -MQA FILED DATE - MAY 1 0 2017 Department ealth *It 0 NI a ) eputy Agency Clerk vs. MALIK BRUNSON, Case No.: 2016-18040 License No.: CNA 200804 Respondent. / FINAL ORDER This matter appeared before the Board of Nursing at a dulynoticed public meeting on April 5-7, 2017 in Jacksonville, Florida, for a hearing not involving disputed issues of material fact pursuant to Respondent's Election of Rights requesting a hearing pursuant to Sections 120.569 and 120.57(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. Petitioner was represented by Matthew Witters, Assistant General Counsel, Florida Department of Health. Respondent was not present. FINDINGS OF FACT Therefore, the Board adopts as its finding of facts the facts set forth in the Administrative Complaint. Case No. 2016-18040
CONCLUSIONS OF LAW Based upon the Findings of Fact, the Board concludes the licensee has violated Section 464.204(1)(b) by 456.072(1)(m), and 464.018(1)(h), Florida Statutes. The Board is empowered by Sections 464.204(1)(b), 464.018(2) and 456.072(2), Florida Statutes, to impose a penalty against the licensee. Therefore it is ORDERED that: The licensee must pay investigative costs of $1,505.06 within 24 months. Payment shall be made to the Board of Nursing and mailed to, DOH-Compliance Management Unit, Bin C76, P.O. Box 6320, Tallahassee, Florida 32314-6320, Attention: Nursing Compliance Officer. The license of MALIK BRUNSON is placed on probation for 2 years, subject to the following conditions: The licensee shall not violate chapters 456 or 464, Florida Statutes, the rules promulgated pursuant thereto, any other state or federal law, rule, or regulation relating to the practice or the ability to practice nursing. The licensee must report any change in address or telephone number, employment, employer's address or telephone number, or any arrests [or violations of probation or whatever impediment which may be on the license from another jurisdiction], in Case No. 2016-18040 2
writing within 10 working days to the Nursing Compliance Officer at the Department of Health, Client Services Unit, HMQAMS, BIN # C01, 4052 Bald Cypress Way, Tallahassee, Florida 32399-3251. Whether employed as a nurse or not, the licensee shall submit written reports to the Nursing Compliance Officer which shall contain the licensee's name, license number, and current address; the name, address, and phone number of each current employer; and a statement by the licensee describing his employment. This report shall be submitted to the Nursing Compliance Officer every three (3) months in a manner as directed by the Nursing Compliance Officer. All current and future settings in which the licensee practices nursing shall be promptly informed of the licensee's probationary status. Within five days of the receipt of this Order, the licensee shall furnish a copy to his nursing supervisor or supervisors, if there are multiple employers. The supervisors must acknowledge this probation to the Nursing Compliance Officer in writing on employer letterhead within ten days. Should the licensee change employers, he must supply a copy of this Order to his new nursing supervisor within five days. The new employer shall acknowledge probation in writing on employer letterhead to the Nursing Compliance Officer within ten Case No. 2016-18040 3
days. The licensee shall be responsible for assuring that reports from nursing supervisors will be furnished to the Nursing Compliance Officer every three (3) months. That report shall describe the licensee's work assignment, work load, level of performance, and any problems. Any report indicating an unprofessional level of performance shall be a violation of probation. If the licensee leaves Florida for thirty (30) days or more or ceases to practice nursing in the state, this probation shall be tolled until the licensee returns to the active practice of nursing in Florida. Then the probationary period will resume. Unless this Order states otherwise, any fines imposed or continuing education required must be paid or completed within the time specified and are not tolled by this provision. Employer reports are not required during the time probation is tolled. Working in nursing without notification to the Board is a violation of this Order. The licensee's failure to comply with the terms of this Probation Order without the prior written consent of the Board shall be a violation of this Probation. The probation shall not be terminated until the licensee has complied with all terms of probation. The failure to comply with the terms of probation set Case No. 2016-18040 4
forth above shall result in a subsequent Uniform Complaint Form being filed by the Board with the Department of Health against the Respondent's license, which may result in additional administrative fines, probationary periods, and/or suspensions being imposed against the Respondent's license. The licensee shall pay all costs necessary to comply with the terms of this Order. Such costs include, but are not limited to, the cost of preparation of investigative and probationary reports detailing the compliance with this probation; the cost of obtaining, and analysis of, any blood or urine specimens submitted pursuant to this Order; and administrative costs directly associated with the licensee's probation. The terms of this Order are effective as of the date this Order is filed with the clerk for the Department of Health. The Board office will send the licensee information regarding probationary terms, however, failure of the licensee to receive such information DOES NOT EXCUSE COMPLIANCE with the terms of this Order. This Final Order shall become effective upon filing with the Clerk of the Department of Health. Case No. 2016-18040 5
"Y" DONE AND ORDERED this Kay o, 2017. BOARD OF NURSI G Joe R ker, J Execu e Dire or Jody Bryant Ne, EdD, EdS, Chair NOTICE OF APPEAL RIGHTS Pursuant to Section 120.569, 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 U.S. Mail to: MALIK BRUNSON, 7988 Waxwing Ave., Jacksonville, FL 32219 and by email to: Matthew Witters, Assistant General Counsel, Department of Health, Case No. 2016-18040 6
matthew.witters@flhealth.gov ; and Diane Guillemette, Assistant Attorney General, diane.guillemette@myfloridalegal.com on this ICny of 11-\aq, 2017. Deputy Agency Cleric Case No. 2016-18040 7
DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO, 2016-18040 MALIK BRUNSON, C.N.A., 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, Malik Brunson, C.N.A., 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 licensed certified nursing assistant (C.N.A.) within the state of Florida, having been issued license number CNA 200804. Department of Health v, Malik Eirons.on, C.N.A, Case NurnOer 201G-18040 000005
3. Respondent's address of record is 7988 Waxwing Avenue, Jacksonville, Florida 32219. 4. At all times material to this Complaint, Respondent was employed as a Certified Nursing Assistant (CNA) by Suwannee Medical Personnel, (Suwannee), an employment staffing agency for health care professionals. 5. In or about June 2016, Respondent was assigned to Avante Villa at Jacksonville Beach, (Avante), a skilled nursing facility in Jacksonville Beach, Florida. 6. On or about June 13, 2016, Respondent submitted a Suwannee time card dated on or about June 13, 2016 reflecting Respondent worked at Avante ostensibly from approximately 7:00 a.m. until approximately 3:00 p.m. on June 13, 2016 and purportedly signed by an Avante manager. 7. Respondent did not work at Avante on June 13, 2016. 8. The Avante manager who purportedly signed Respondent's June 13, 2016 Suwannee time card did not sign Respondent's June 13, 2016 Suwannee time card. 9. On or about June 14, 2016, Respondent submitted a Suwannee time card dated on or about June 14, 2016 reflecting Respondent worked Department of Health v. Malik Brunson, C.N.A. Case Number 2016-18010
at Avante ostensibly from approximately 7:00 a.m. until approximately 3:00 p.m. on June 14, 2016 and purportedly signed by a manager at Avante. 10. Respondent did not work at Avante on June 14, 2016. 11. The Avante manager who purportedly signed Respondent's June 14, 2016 Suwannee time card did not sign Respondent's June 14, 2016 Suwannee time card. COUNT ONE 12. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 13. Section 464.204(1)(b), Florida Statutes (2015), makes it a violation of the Nurse Practice Act for a C.N.A. to intentionally violate any provision of Chapter 464, Chapter 456, or the rules adopted by the Board of Nursing. 14. Section 456.072(1)(m), Florida Statutes (2015), provides that making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession constitutes grounds for discipline. is. Respondent made deceptive, untrue, or fraudulent representations in or related to the practice of his profession or employed a Department of Health v. Malik Brunson, C.N.A. Case Monter 2016-) BOO 3 000007
trick or scheme in or related to the practice of his profession in one or more of the following ways: a) by forging the Suwannee time card purportedly by the Avante manager to reflect he allegedly worked from approximately 7:00 a.m. until 3:00 p.m. on June 13, 2016; b) by submitting the forged Suwannee time card dated June 13, 2016 to Suwannee for payment; c) by forging the Suwannee time card purportedly by the Avante manager to reflect he allegedly worked from approximately 7:00 a.m. until 3:00 p.m. on June 14, 2016; and/or d) by submitting the forged Suwannee time card dated June 14, 2016 to Suwannee for payment. 16. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statues (2015), intentionally violating Section 456.072(1)(m), Florida Statutes (2015), by making deceptive,.untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. Department of Health v. Malik Bninson, C.N.A. 4 Case Number 2016-10040 000008
COUNT TWO 17. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 18. Section 464.204(1)(b), Florida Statutes (2015), makes it a violation of the Nurse Practice Act for a C.N.A. to intentionally violate any provision of Chapter 464, Chapter 456, or the rules adopted by the Board of Nursing. 19. Section 464,018(1)(h), Florida Statutes (2015), provides that unprofessional conduct, as defined by board rule, constitutes grounds for discipline. 20. Rule 64B9-8.005(6), Florida Statutes (2015), provides that unprofessional conduct includes falsifying or altering of patient records, or nursing progress records, or employment applications, or time records. 21. Respondent falsified and/or altered his Suwannee time cards or time records in one or more of the following ways: a) by forging the Suwannee time card purportedly by the Avante manager to reflect he allegedly worked from approximately 7:00 a.m. until 3:00 p.m. on June 13, 2016; Department of Health v, Malik Brunson, C.N.A. Case Number 20161E1040 000009
b) by submitting the forged Suwannee time card dated June 13, 2016 to Suwannee for payment; c) by forging the Suwannee time card purportedly by the Avante manager to reflect he allegedly worked from approximately 7:00 a.m. until 3:00 p.m. on June 14, 2016; and/or d) by submitting the forged Suwannee time card dated June 14, 2016 to Suwannee for payment. 22. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2015), by intentionally violating Section 464.018(1)(h), Florida Statutes (2015), unprofessional conduct, as defined by Rule 64B9-8.005(6), Florida Administrative Code, to include falsifying or altering of patient records or nursing progress records, employment applications or time records. 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 Department of Health v. Malik Brunson, C.N A 6 Case Number. 2016-18040 000010
fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 15 day of 11;q10.14-er, 2016, Celeste Philip, MD, MPH State Surgeon General and Secretary FILED Department Of Health Deputy Clerk CLERK -rbed-a. DATE )5, lip Mary. Mill Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0780420 Telephone (850) 245 4444, ext. 8104 Facsimile (850) 245 4662 E-Mail: mary.miller2@flhealth.gov /MSM PCP: f\kuk,,,k.l..a.r te,2oi Lj PCP Members: 1\o 11_0_ 4- -be_sritcyla Department of Health V. Malik Brunson, C.N.A. 7 Case Number 2016-18040 0 0 0 0 1 1
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. Malik Brunson, C N.A. 8 Case Number 2016-18040 0000 1 2