11-006177PL Department Of Health, Board Of Nursing vs. Debora Jean Elwell, L.P.N., R.N.
 Status: Closed
Recommended Order on Tuesday, March 6, 2012.


View Dockets  
Summary: Nurse was dismissed from IPN without good cause, violating section 456.072(1)(q), (hh).

1_FDF

2Final Order No. DOH-12- 122 ,- ZO\\Z-MQA

9FILED 0 2

12Depa meni of Healih

16STATE-.OF FLORIDA

18BOARD ,( .... "" .. "", ,',":.' ", -' ,_.. .. .... OF,NURSING , ," < ,'-",',="" ',.'="" "="" ."'.'="" .'="" .'.-,-".,="">

30DEPARTMENT OF HEALTH, PILED

34Petitioner, tDll JUL 3 APl1120

39vs. CASE NO.: 20l-0-21143

432010-19423

44. HEARl CASE NO.: 11-6177PL

49• ENSE NO.: PN 1342121

54RN 9285922

56DEBORA JEAN ELWELL,

59Respondent.

60--------------_/

61FINAL ORDER

63THIS CAUSE came before the BOARD OF NURSING (Board) pursuant

73to Sections 120.569 and 120.57(1), Florida Statutes, on June 7,

832012, in Tampa, Florida, for the purpose of considering the

93Administrative Law Judge's Recommended Order (a copy of which is

103attached hereto as Exhibit A) in the above-styled cause.

112Petitioner was represented by William Miller, Assistant General

120Counsel. Respondent was present.

124Upon review of the Recommended Order, the argument of the

134parties, and after a review of the complete record in this case,

146the Board makes the following findings and conclusions.

154RULING ON RESPONDENT'S EXCEPTIONS

158Respondent submitted a letter dated March 10, 2012 to the

168Administrative Law Judge responding to the Recommended Order.

176The letter was not titled exceptions and did not contain

186references to the Record as required by Rule 28-106.217, Florida

196Administrative Code. Nevertheless, the Board reviewed the letter

204to determine if Respondent had asserted the absence of competent

214substantial evidence concerning any of the Findings of Fact in

224the Recommended Order. Having found that Respondent did not

233assert a proper objection, the "exceptions" filed by Respondent

242were rejected.

244FINDINGS OF FACT

2471. The findings of fact set forth in the Recommended Order

258are approved and adopted and incorporated herein by reference.

2672. There is competent substantial evidence to support the

276findings of fact.

279CONCLUSIONS OF LAW

2821. The Board has jurisdiction of this matter pursuant to

292Section 120.57(1), Florida Statutes, and Chapter 464, Florida

300Statutes.

3012. The conclusions of law set forth in the Recommended

311Order are approved and adopted and incorporated herein by

320reference.

321PENALTY

322Upon a complete review of the record in this case, the Board

334determines that the penalty recommended by the Administrative Law

343Judge be ACCEPTED. WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:

353The license of Respondent, DEBORA JEAN EWELL is revoked.

362RULING ON MOTION TO ASSESS COSTS

368The Board did not assess costs in this case.

377This Final Order shall take effect upon being filed with the

388Clerk of the Department of Health.

394DONE AND ORDERED this bLj day of

4012012.

402BOARD OF NURSING

405Joe R. Ba er, Jr.

410Executive ector

412for Ann-Lynn Denker,

415NOTICE OF RIGHT TO JUDICIAL REVIEW

421A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED

433TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES.

442REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE

452PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF

462A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF

474HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED

484BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR

495WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE

506THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN

517THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

528CERTIFICATE OF SERVICE

531I HEREBY CERTIFY that a true and correct copy of the

542foregoing Final Order has been provided by U.S. Mail to DEBORA

553JEAN ELWELL, 928 Winnie Lane, LakelandFL 33813; to Susan B.

563Kirkland, Administrative Law Judge, Division of Administrative

570Hearings, The DeSoto Building, 1230 Apalachee Parkway,

577Tallahassee, Florida 32399-3060; and by interoffice delivery to

585William Miller, Department of Health, 4052 Bald Cypress Way, Bin

595#C-65, Tallahassee, Florida 32399-3265 this day of

602I 2012.

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613F,\\Users\\ADMIN\\Lee Ann Gustafson\\NURSING\\ORDERS\\June 20l2\\ElwellFO.wpd Deputy Agency Clerk

6217011 29700003 1594 0455

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PDF
Date
Proceedings
PDF:
Date: 07/03/2012
Proceedings: Petitioner's Response to Respondent's Exceptions to Recommended Order filed.
PDF:
Date: 07/03/2012
Proceedings: (Agency) Final Order filed.
PDF:
Date: 06/29/2012
Proceedings: Agency Final Order
PDF:
Date: 03/15/2012
Proceedings: Letter to Judge Kirkland from Debora Elwell regarding response to Recommended Order filed.
PDF:
Date: 03/06/2012
Proceedings: Recommended Order
PDF:
Date: 03/06/2012
Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits to the Petitioner.
PDF:
Date: 03/06/2012
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 03/06/2012
Proceedings: Recommended Order (hearing held February 7, 2012). CASE CLOSED.
PDF:
Date: 02/29/2012
Proceedings: Petitioner's Proposed Recommended Order filed.
Date: 02/21/2012
Proceedings: Transcript (not available for viewing) filed.
Date: 02/07/2012
Proceedings: CASE STATUS: Hearing Held.
Date: 02/03/2012
Proceedings: Petitioner's Proposed Exhibits (exhibits not available for viewing)
PDF:
Date: 01/31/2012
Proceedings: Order Taking Official Recognition.
PDF:
Date: 01/30/2012
Proceedings: Letter to Judge Kirkland from D. Elwell regarding enclosed documents filed.
PDF:
Date: 01/30/2012
Proceedings: Motion for Taking of Official Recognition filed.
PDF:
Date: 01/27/2012
Proceedings: (Proposed) Exhibit List filed.
PDF:
Date: 01/27/2012
Proceedings: Witness List filed.
PDF:
Date: 01/23/2012
Proceedings: Notice of Taking Deposition (of D. Elwell) filed.
PDF:
Date: 01/20/2012
Proceedings: Order Granting Motion to Take Telephonic Depositions of Witnesses.
PDF:
Date: 01/13/2012
Proceedings: Amended Motion for Taking Telephonic Depositions of Witnesses filed.
PDF:
Date: 01/12/2012
Proceedings: Motion to Take Telephonic Depositions of Witnesses filed.
PDF:
Date: 01/06/2012
Proceedings: Notice of Appearance - Michael G. Lawrence, Jr filed.
PDF:
Date: 01/04/2012
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 01/03/2012
Proceedings: Letter to DOAH from D. Elwell regarding documentation required filed.
PDF:
Date: 12/12/2011
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 12/12/2011
Proceedings: Notice of Hearing by Video Teleconference (hearing set for February 7, 2012; 9:00 a.m.; Lakeland and Tallahassee, FL).
PDF:
Date: 12/09/2011
Proceedings: Joint Response to Intitial Order filed.
PDF:
Date: 12/06/2011
Proceedings: Notice of Serving Petitioner's First Request for Admissions, Interrogatories and Production of Documents filed.
PDF:
Date: 12/05/2011
Proceedings: Initial Order.
PDF:
Date: 12/05/2011
Proceedings: Notice of Appearance (John Truitt) filed.
PDF:
Date: 12/05/2011
Proceedings: Agency referral filed.
PDF:
Date: 12/05/2011
Proceedings: Election of Rights filed.
PDF:
Date: 12/05/2011
Proceedings: Administrative Complaint filed.

Case Information

Judge:
SUSAN BELYEU KIRKLAND
Date Filed:
12/05/2011
Date Assignment:
12/05/2011
Last Docket Entry:
07/03/2012
Location:
Lakeland, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (5):