05-002282PL Department Of Health, Board Of Nursing vs. Penny T. Stockford, R.N. Status: Closed Recommended Order on Wednesday, October 5, 2005.

Summary: Respondent violated Section 456.072(1)(c), Florida Statutes, by pleading guilty to grand theft and Medicaid fraud.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH, BOARD OF )

NURSING, )

)

Petitioner, )

)

vs. ) Case No. 05 - 2282PL

)

PENNY T. STOCKFORD, R.N., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case

on August 24, 2005 , in Orlando, Florida, before Susan B.

Harrell, a designated Administrative Law Judge of the Division

of Administrative Hearings.

APPEARANCES

For Petitioner: Ellen M. Simo n, Esquire

Department of Health

4052 Bald Cypress Way, Bin C - 65

Tallahassee, Florida 32399 - 3265

For Respondent: No appearance.

STATEMENT OF THE ISSUES

Whether Respondent violated Subsection 456.072(1)( c),

Florida Statutes (2002), 1 and, if so, what discipline should be

imposed.

PRELIMINARY STATEMENT

On May 3, 2004, Petitioner, Department of Health, Board of

Medicine (Department), filed a one - count Amended Administrative

Complaint against Respon dent, Penny T. Stockford, R.N. (Ms.

Stockford), alleging that she violated Subsection 464.018(1)(c),

Florida Statutes, by being convicted of or found guilty of, or

entering a plea of guilty or nolo contendere , regardless of

adjudication, a crime i n any jur isdiction which relates to the

practice of, or the ability to practice, nursing. Ms. Stockford

requested an administrative hearing, and the case was forwarded

to the Division of Administrative Hearings on May 28, 2004.

The case was assigned DOAH Case No. 04 - 1897PL. Based on a

Motion to Relinquish Jurisdiction filed by the Department, an

order closing the file was entered on August 13, 2004.

On June 22, 2005, the Department filed a Motion to Re - open

Case. The case was assigned a new case number, DOAH Cas e

No. 05 - 2282. On August 15, 2005, the Department filed a Motion

to Amend the Administrative Complaint, requesting that the

violation alleged in the Amended Administrative Complaint be

amended to reflect a violation of Subsection 456.072(1)(c),

Florida St atutes, based on the entering of a plea of guilty or

nolo contendere to, regardless of adjudication, a crime in any

jurisdiction which relates to the practice of, or the ability to

practice, a licensee's profession. The motion was granted by

order entered on August 17, 2005.

On August 18, 2005, Respondent's counsel filed a Statement

of Mitigating Factors on behalf of Respondent. The Department

filed a Motion to Strike the Statement of Mitigating Factors,

and Respondent filed a response. At the final hear ing , the

motion to strike was granted.

On August 18, 2005, Respondent's counsel filed a Motion to

Withdraw as counsel and requested a continuance. The Motion to

Withdraw was granted, and the request for a continuance was

denied.

The final hearing was sche duled to commence at 9 a.m. on

August 24, 2005. At the appointed time for the final hearing,

Ms. Stockford had not appeared, and the final hearing was

delayed for 15 minutes in order to give her an opportunity to

appear. Ms. Stockford did not appear, and no representative

appeared on her behalf.

At the final hearing , the Department called Linda Catherine

Brown and Lori B. Kaplan, R.N. , as its witnesses. Petitioner's

Exhibits 1 through 4 were admitted in evidence. No witnesses

appeared on behalf of Ms. Stockford, and no exhibits were

submitted on her behalf.

The Transcript of the final hearing was filed on

September 7, 2005. The p roposed r ecommended o rders were to be

filed within ten days of the filing of the Transcript. The

Department filed its Propo sed Recommended Order on September 19,

2005.

FINDINGS OF FACT

1. The Department is the state agency charged with the

responsibility of regulating the practice of nursing pursuant to

Section 20.43 and Chapters 456 and 464, Florida Statutes.

2. Ms. Stoc kford is a registered nurse, licensed by the

Department. Her license number is 2164512.

3. From 2000 to 2001, Ms. Stockford was employed by

Pediatric Services of America (Pediatric Services), in their

Visit Home Care Department. Her responsibilities inc luded

providing medical care to children in their homes. She was paid

according to the number of visits she made to the patients.

Ms. Stockford was required by her employer to submit timesheets

and clinical notes, detailing each time she made a house cal l

and the services provided to each patient. Pediatric Services

would bill Medicaid for Ms. Stockford's vis its based on the

notes and time sheets submitted by Ms. Stockford.

4. In March 2001, a case manager employed by Pediatric

Services determined that i nformation that Ms. Stockford had

submitted on a patient was incorrect. This led to further

investigation by P ediatric Services into the time sheets and

clinical notes that Ms. Stockford had submitted. The

investigation revealed that Ms. Stockford had sub mitted

timesheets and clinical notes on several patients for visits

that she did not make.

5. On August 8, 2002, an Information was filed by the

State Attorney for the Ninth Judicial District of Florida,

charging Ms. Stockford with one count of grand th eft third

degree for knowingly obtaining by scheme or course of conduct

over $5,000 from Pediatric Services and with 13 counts of

Medicaid fraud by knowingly making or causing to be made or

aiding and abetting in the making of false statements or false

rep resentations of a material fact, by commission or omission,

in any claim for payment submitted to the Agency for Health Care

Administration or its fiscal agent.

6. On March 26, 2003, Ms. Stockford entered a plea of

guilty to the count of grand theft and t o three counts of

Medicaid fraud. Adjudication was withheld. She was placed on

supervised probation for five years, ordered to serve 200 hours

of community service, ordered to pay restitution to Pediatric

Services, and fined.

7. The crimes to which Ms. Stockford pled guilty related

to the practice of nursing. The theft of money from Pediatric

Services was done th rough the falsification of time sheets for

nursing services and through fabricated clinical notes.

CONCLUSIONS OF LAW

8. The Division of Admin istrative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding. §§ 120.569 and 120.57, Fla. Stat. (2005).

9. The Department has the burden to establish the

allegations in the Amended Administrative Complaint by clear an d

convincing evidence. Department of Banking and Finance v.

Osborne Stern and Co. , 670 So. 2d 932 (Fla. 1996).

10. The Department alleged that Ms. Stockford violated

Subsection 456.072(1)(c), Florida Statutes, which provides that

disciplinary action may be taken if the licensee has been

"convicted or found guilty of, or [has entered] a plea of guilty

or nolo contendere to, regardless of adjudication, a crime in

any jurisdiction which relates to the practice of, or the

ability to practice, a licensee's pro fession."

11. The Department has established by clear and convincing

evidence that Ms. Stockford pled guilty to grand theft and three

counts of Medicaid fraud based on to the falsification of

timesheets and fabrication of clinical notes related to her

pro fession, the practice of nursing. Thus, the Department has

established a violation of Subsection 456.072(1)(c), Florida

Statutes.

12. Florida Administrative Code Rule 64B9 - 8.006(3)(d)

provides that the range of disciplinary action for a violation

of Subs ection 456.072(1)(c), Florida Statutes, is from a minimum

penalty of a $250 fine to a maximum penalty of a $500 fine and

suspension followed by a term of probation.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

RECO MMENDED that a final order be entered finding Penny T.

Stockford guilty of a violation of Subsection 456.072(1)(c),

Florida Statutes, imposing an administrative fine of $500,

suspending her license for five years, and placing her on

probation for three yea rs after the suspension of her license.

DONE AND ENTER ED this 5 th day of October , 2005 , in

Tallahassee, Leon County, Florida.

S

SUSAN B. HARRELL

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Bui lding

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 5 th day of October , 2005 .

ENDNOTE

1/ Un less otherwise indicated, all references to Florida

Statutes are to the 2002 version.

COPIES FURNISHED :

Ellen M. Simon, Esquire

Department of Health

4052 Bald Cypress Way, Bin C - 65

Tallahassee, Florida 32399 - 3265

Penny T. Stockford, R.N.

223 South Sha dow Bay Drive

Orlando, Florida 32825

R. S. Power, Agency Clerk

Department of Health

4052 Bald Cypress Way, Bin A02

Tallahassee, Florida 32399 - 1701

Dan Coble, RN, PhD, CNAA C, BC

Executive Director

Board of Nursing

Department of Health

4052 Bald Cypress Way, Bin C02

Tallahassee, Florida 32399 - 3252

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.