FLORIDA DEPARTMENT OF HEALTH
James T. Howell, M.D., M.P.H Secretary
Governor Lawton Chiles
ORDER TRANSMITTAL FORM
TO: ALL INTERESTED PARTIES
FROM: DEPARTMENT OF HEALTH CLIENT SERVICES UNIT / HMQAMS
FOR THE BOARD OF NURSING
NUMBER OF ORDERS ATTACHED 1
DATE FILED MAY 26, 1998
Final Order No. DOH-98-0553 Date 5 - 26 - 98 5
Department of Health
Angela Hall, AGENCY CLERK
STATE OF FLA. BOARD OF NURSING
DOH Case No. 97-2453
Case No. 97-00006
License No RN 2523862
AGENCY FOR HEALTH CARE ADMINISTRATION
THIS MATTER came before the Board of Nursing (hereinafter "the Board") for final action pursuant to Section 120.57(1)(j), Florida Statutes, at a duly-noticed public meeting held on February 12, 1998, in Panama City, Florida, for the purpose of considering the Recommended Order issued: by the Administrative Law Judge in the above-styled case.
The Petitioner was represented by Reginald D. Dixon and Laura P. Gaffney.
The Respondent was present at the Board meeting.
The Recommended Order was considered by the Board at its meeting held on December 11, 1997 in Tampa, Florida.Upon. demonstration that neither Respondent nor his attorney received notice of the consideration of the Recommended Order at that meeting, the Final Order entered following that meeting is hereby VACATED.
After a review of the complete record in this matter, including consideration of the Administrative Law Judge’s Recommended Order, a copy of which is attached hereto as Exhibit A, the exceptions filed by Respondent’s attorney as well as the pleading filed pro se by Respondent dated November 12. 1997 and the arguments of each party, the Board makes the following findings and conclusions:
1. Exceptions filed by Respondent’s counsel numbered 1-5 are rejected on the grounds that the findings by the Administrative Law Judge are supported by competent substantial evidence. Exception number 6, filed by Respondent’s counsel is argument in mitigation of the penalty recommended by the Administrative Law Judge rather than exceptions to Findings of Fact or conclusions of law.
2. The pleading filed pro se on November 12, 1997 was asserted by Respondent to be exceptions. Upon consideration, the Board finds that the pleading does not constitute exceptions; rather the pleading constitutes argument against the Conclusions of Law stated by the Administrative Law Judge. The Conclusions of Law of the Administrative Law Judge are supported by competent substantial evidence, and the pleading, to the extent it constitutes exceptions to the Conclusions of Law, is rejected.
FINDINGS OF FACT
1; The Administrative Law Judge’s findings of fact are hereby approved, adopted, and incorporated herein.
2. There is competent substantial evidence to support the Administrative Law Judge’s findings of fact as adopted by the Board.
CONCLUSIONS OF LAW
1. The Board has jurisdiction over this matter pursuant to the provisions of Sections 120.569 and 120.57(1) and Chapter 480, Florida Statutes.
2. The Administrative Law Judge’s conclusions of law are hereby approved, Adopted and incorporated herein.
3. There is competent substantial evidence to support the Board’s findings and conclusions.
PENALTY IT IS THEREFORE ORDERED AND ADJUDGED:
The penalty recommended by the Administrative Law Judge is approved.
Required by the recommendation, the Board hereby imposes the following terms and conditions of probation:
The licensee shall not violate chapters455 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 in writing by certified mail within 5- working days to the Probation Supervisor at the Board of Nursing Office, 904/359-6331. 4080 Woodcock Drive. Suite 202. Jacksonville. Florida 32207.
The licensee shall submit written reports to the Probation Supervisor at the Board of Nursing office, which contain the licensee’s name, license number, and current address; the name, address, and phone number of each current employer, Whether employed as a nurse or not; and a statement by the licensee describing his employment. This report shall be submitted to the Probation Supervisor every three (3) months in a manner as directed by the Probation Supervisor.
If the licensee fails to submit ONE quarterly report, the Board suspends the licenseprovided the probation supervisor has notified the licensee after the report was late. The Board delegates the authority to suspend the license to the Executive Director and the Chair of the Board. Reinstatement shall require the licensee to appear before the Board to demonstrate his ability to comply with all conditions of this Order and to engage in the safe practice of nursing.
All current and future settings in which the probationer 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 Board probation supervisor 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 Board probation supervisor within ten days. The licensee shall be responsible for assuring reports from the nursing supervisors will be furnished to the Board probation supervisor every three (3) months. That report shall describe the licensee’s work assignment, workload, level of performance, and any problems.
Any reportindicating an unprofessional level of performance shall be a violation of probation.
Should the licensee desire to return to school to attend a nursing program, The licensee shall provide a copy of this Order to the Program Director prior to beginning class. The Program Director must inform the Board in writing on school Letterhead, acknowledging receipt of a copy of the Order. If the school is willing to Comply with the licensee’s conditions of probation during clinical experiences, that should be specified. Otherwise the probation shall be tolled. Any requests for Modification or accommodation by the school or the probationer shall be considered on an individual basis by the Board.
The licensee must work in a setting under direct supervision and only on a regularly assigned unit.Direct supervision requires another nurse to be working on the same unit as respondent and readily available to provide assistance and intervention. He cannot be employed by a nurse registry, temporary nurse employment agency or home health agency. Multiple employers are prohibited. The licensee cannot be self-employed as a nurse.
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 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. Self-reports and 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 shall enroll in and successfully complete courses in legal aspects of nursing and nursing ethics.This shall be in addition to other normally required continuing education courses. Verification of course content and course completion must be submitted to the Probation Supervisor within six months from the date 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 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 analyses of, any blood or urine specimens submitted pursuant to this Order; and administrative costs directly associated with the licensee’s probation.
The Board finds that theinvestigative costs, to be paid by Respondent pursuant to the Recommended Order, are $986.03.
This Final Order shall become effective upon filing with the clerk of the Department of Health
DONE AND ORDERED this 4th day of May BOARD OF NURSING 1998.
Willie Edwards, CRNA, Chairman
NOTICE OF RIGHT TO JUDICIAL REVIEW UNLESS WAIVED
Pursuant to Section 120.569, Florida Statutes, any substantially affected person is hereby notified that they may appeal this Final Order by filing one copy of a Notice of Appeal with the clerk of the Department of Health and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within 30 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 JOSE PROENZA-SANFIEL, 4120 POW & MIA Memorial Drive, St. Cloud FL 34772, and by inter-office mail to Reginald Dixon, Staff Attorney, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5403 this 26 day of May 1998.
Please note that the highlighted text shows the extended efforts that the AHCA-BON-DOH " The System " has included in this order to deny me of my liberties and pursuit of happiness. Even though the charges against me have been labeled " Administrative " I'm required to act like a criminal or for that matter worst than a criminal since so many of them do break probation and commit crimes yet they are either set on the ever known "revolving door " of the judicial system. I will have to report my address changes etc. Heck I been living on the same address now for over 12 years and in the same county with only three addresses for 24 years but then again I was not being persecuted for doing the right thing either nor had I ever been without work for more than a couple of weeks. They now have made sure that I did not work for 18 months. Not only that but I will be forced to make employers submit reports every three months I'm not sure what is worst and under whose mercy that places me as long as they know all that has to be done is be late and poof there goes my license. Did you notice that I have to do this reporting whether I work as a nurse or not. If I did not want to give them the pleasure by not working in the nursing field I would still be submitted to their scrutiny.. Why..? I'm also being restricted from having more than one employer. Did you notice that also? That limits me to just one place (8) hours per day or maximum of (12) hours per day ( nurses are not allowed to work longer than that since it has been proven that Judicious decisions are hard to make when you are that tired) The other thing about that is that restriction is that there are not too many employers out there now days that want to pay any extra overtime so a second job is almost mandatory specially if I wanted to catch up for the time lost or if being able then I would work like a horse to bet me some money to sue the heck out of them. ( Ahhhh the craftiness that they show ). The other restrictions . He cannot be employed by a nurse registry, temporary nurse employment agency or home health agency. Multiple employers are prohibited. The licensee cannot be self-employed as a nurse. It is obvious that they did their home work here since from day one that I got my nursing license I have worked under those specific conditions that they are denying me. Also the licensee cannot be self-employed as a nurse. This clause should really make any Nurse and the nursing organizations madder than hornets since the basis of being licensed is the ability of autonomy and choice of personal assignment. In Just how many ways can the state violate my rights for the crime of caring about patient privacy and reporting evidence of a crime.? Working in nursing without notification to the Board is a violation of this Order. Ooops sorry folks if you get in an accident and I pass by you will just have to die or me risk my license now after all of this. What should I do in a case like that.? The licensee shall enroll in and successfully complete courses in legal aspects of nursing and nursing ethics. Now let me see will this course really teach me to do something else and opposite of what I did.? Perhaps what they expect me to do is go to the same course in Nursing and ethics that they went to. Such course teaching them to do the things that are being done to me.! Ahhh yes one final point investigative costs, to be paid $986.03. I'm sure that is tax money that needs to be replaced in the state coffers specially since the hospital was defrauding the taxpayers of millions it has to come from some whereas right and we all ready know that their protégé will not be the one paying.!! I'm sure that my $500.00 fine will also help to shrink the damage to the state coffers.
This is the part that shows you care a little extra. Please take the time and go to some of these areas and let them know how you feel, and what they can do to help. Thanks so much. Also, contact any other person you wish. It is a free country still. SPECIALLY in my place!!
E-Mail Address for Nursing Organizations
Email Address for US Senate………………
E-Mail Address for US House of Representatives
Is a BEARof a job but if you like you can also reach the whole Nation trough the air ways via Radio and TV Links
We the people can make changes.!!
And if you E-Mail this Journalists will help us all.
And if you E-Mail this Journalists will help us all.
************* NOTE OF INTEREST *********************
I have been caring for the American Way of life for a while now.... you can see the other part of me on the other Web Site that I also maintain. That Web-Site deal's with the POW/MIA Issue Please visit it and get involved there are still men left behind and they need your help also. Visit " THE REAPER'S EDGE A POW's SCREAMED ECHO IN CYBERSPACE "
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