DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO. 2018-12774 KIMBERLY ANN BARLOITA, 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, Kimberly Ann Barlotta, 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 within the state of Florida, having been issued license number PN 5162318.
3. Respondent's address of record is 8426 SE 156th Street, Summerfield, Florida 34491. 4. On or about August 31, 2016, the Board of Nursing filed a Final Order in case number 2014-02806 suspending Respondent's license until she entered the Intervention Project for Nurses (IPN). 5. The Final Order further required Respondent to comply with all conditions of the IPN contract or she would be in violation of the Final Order. 6. The Intervention Project for Nurses is the impaired nurses program for the Board of Nursing, designated pursuant to Section 456.076, Florida Statutes. IPN is a program that monitors the evaluation, care, and treatment of impaired nurses. IPN also provides for the exchange of information between treatment providers and the Department for the protection of the public. 7. On or about February 22, 2017, Respondent entered into a Monitoring Contract with IPN. 8. The Monitoring Contract had a projected active monitoring period from on or about February 13, 2017, through on or about February 12, 2022. Department of Health v. Kimberly Ann Barlotta, L.P.N. 2
9. On or about May 22, 2018, IPN terminated Respondent from IPN due to noncompliance, without good cause, with the terms of Respondent's Monitoring Contract. COUNT I 10. Petitioner realleges and incorporates paragraphs one through nine as if fully set forth herein. 11. Section 456.072(1)(hh), Florida Statutes (2017), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, Florida Statutes (2017), for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program, constitutes grounds for disciplinary action. 12. As set forth above, on or about May 22, 2018, IPN terminated Respondent from IPN due to noncompliance, without good cause, with the terms of Respondent's Monitoring Agreement. 13. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2017), by being terminated from a treatment program for impaired practitioners, which is overseen by an Department of Health v. Kimberly Ann Barlotta, L.P.N. 3
impaired practitioner consultant as described in Section 456.076, Florida Statutes (2017), for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program. COUNT II 14. Petitioner realleges and incorporates paragraphs one through nine as if fully set forth herein. 15. Section 456.072(1)(q), Florida Statutes (2017), 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. As set forth above, Respondent violated a lawful order of the Board of Nursing by failing to comply with the Final Order in case number 2014-02806, filed on or about August 31, 2016, when Respondent failed to comply with all conditions imposed by IPN. 17. Based on the foregoing, Respondent has violated Section 456.072(1)(q), Florida Statutes (2017), by violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena Department of Health v. Kimberly Ann Barlotta, L.P.N. 4
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. SIGNED this 14th day of September, 2018. Celeste Philip, MD, MPH Sta e Surgeon iperal and Secretary PCP: 09/13/2018 PCP Members: Stone-Gale & Raymond SON SEA' :47r istant General Counsel. Bar No. 98772 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9898 Facsimile: (850) 245-4662 Email: judson.searcy@flhealth.gov CLERK: DATE: FILED DEPARTMENT OF HEALTH DEPUTY CLERK Angel StrAters SEP 1 4 2018 Department of Health v. Kimberly Ann Barlotta, 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), 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. Kimberly Ann Barlotta, L.P.N.