16-006421PL Department Of Health, Board Of Nursing vs. Brandon Young, C.N.A.
 Status: Closed
Recommended Order on Thursday, January 5, 2017.


View Dockets  
Summary: Petitioner failed to prove, by clear and convincing evidence, that Respondent committed sexual misconduct against a patient. The Administrative Complaint should be dismissed.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8D EPARTMENT OF HEALTH,

12BOARD OF NURSING ,

15Petitioner,

16vs. Case No. 1 6 - 6421 PL

24BRANDON YOUNG, C.N.A. ,

27Respondent.

28_______________________________/

29RECOMMENDED ORDER

31This case was heard o n November 30, 2016 , in Jacksonville,

42Florida, before E. Gary Early , an Administrative Law Judge

51assigned by the Division of Administrative Hearings.

58APPEARANCES

59For Petitioner: Brynna J. Ross , Esquire

65Angela Chiang, Esquire

68Prosecution Services Unit

71Department of Health

744052 Bald Cypress Way , Bin C - 65

82Tallahassee, F lorida 32399 - 3265

88For Respondent: Edwin A . Bayó, Esquire

95William M. Furlow, Esquire

99Paul Drake, Esquire

102Grossman, Furlow & Bayó, LLC

1072022 - 2 Raymond Diehl Road

113Tallahassee, Florida 32308

116ST ATEMENT OF THE ISSUE S

122The issues to be determined are w hether Respondent

131committed sexual misconduct against a patient , in violation of

140sections 464.204(1)(b) and 456.072(1)(v) , Florida Statutes, as

147alleged in the Administrative Complaint and, if so, the

156appropriate penalty.

158PRELIMINARY STATEMENT

160On October 5 , 2016 , Petitioner , Departme nt of Health

169(Department or Petitioner ) , issued a n Administrative Complaint

178against Respondent , Brandon Young (Respondent) , a certified

185nursing assistant ( CNA) . The complaint charged that Respondent

195engaged in sexual misconduct with a patient in violation of

205sections 464.204(1)(b) and 456.072(1)(v) .

210On or about October 10, 2016 , Respondent timely filed a

220Petition for Hearing Involving Disputed Issues of Material Fact

229in which he disputed material facts alleged in the

238Administrative C omplaint and requested an administrative

245hearing. On October 27, 2016, Respondent filed a n Amended

255Petition for Hearing Involving Disputed Issues of Material Fact

264and Demand for Immediate Administrative Hearing.

270On November 1, 2016, the petition s were r eferred to the

282Division of Administrative Hearings. A scheduling conference

289was held by teleconference, and a final hearing date of

299November 30, 2016 , was agreed upon by the parties.

308On November 29, 2016 , the parties filed their Joint

317Prehearing Stipulat ion (JPS) , which contained 27 stipulations

325of fact, each of which , unless conflicting with more persuasive

335testimonial evidence, is adopted and incorporated herein. The

343JP S contained an additional 11 facts that were not disputed,

354but for which the Department maintained a relevance objection.

363Those facts are accepted, and will be given the weight deemed

374appropriate.

375The final hearing was convened on November 30, 2016 , as

385scheduled.

386A t hearing, th e Department offered the testimony of M.C.,

397the victim of RespondentÓs alleged sexual misconduct .

405Department Exhibit 1, consisting of page 12 of 21 of the

416exhibit identified in the JPS as Department Exhibit 1, and

426Department Exhibit 11, consisting of page 16 of M.C.Ós

435deposition, were received in evidence. Department Exhibit 11

443was offered in lieu of recalling M.C. for rebuttal and , by

454stipulation, the deposition excerpt has been considered and

462given the same weight as though M.C. testified in person on

473r ebuttal.

475Respondent testified on h is own behalf , and offered the

485testimony of Matthew Graham, risk manager for St. VincentÓs

494Medical Center (St. VincentÓs or the hospital) , and Michele

503Holt , an assistant nurse manager at St. VincentÓs .

512Respondent Ós Exhibit 2 was received in evidence . Respondent

522proffered the testimony of Jazmine Brin , a C N A employed by

534St. VincentÓs, which was segregated within the transcript, and

543not considered by the undersigned.

548The one - volume final hearing T ranscript was filed on

559December 14, 2016 . Both parties timely filed P roposed

569R ecommended O rder s that were considered in preparation of this

581Recommended Order.

583The actions that form the basis for the Administrative

592Complaint occurred on May 21, 2016 . This proceeding is

602governed by the law in effect at the time of the commission of

615the acts alleged to warrant discipline. See McCloskey v.

624DepÓt of Fin. Servs. , 115 So. 3d 441 (Fla. 5th DCA 2013).

636Thus, references to statutes are to Florida Statutes (201 5 ),

647unless otherwise noted.

650FINDINGS OF FACT

6531. The Department of Health, Board of Nursing , is the

663state agency charged with regulating the practice of nursing ,

672including nursing assistants, pursuant to section 20 .43 , Florida

681Statutes, and chapters 456 and 4 64 .

6892. At all times material to this proceeding, Respondent

698was a CNA in the s tate of Florida, holding certificate number

710CNA 275789 .

7133. RespondentÓs current address of record is 2 049 Hunters

723Trace Circle, Middleburg, Florida 32068 .

7294 . Respondent has worked at St. VincentÓs since April

7392015. He started as a security officer. In December 2015, upon

750receiving his certification as a nursing assistant, he began

759work as a patient care technician (PCT). Respondent has not

769previously been subject to discipline by the Department .

7785 . Prior to May 2 1 , 2016, M.C. was admitted to

790St. VincentÓs . She had difficulty breathing, and ultimately had

800a new stent put in.

8056 . M.C. lives in a n assisted living facility . At the

818hearing, she could not remember its name or address .

8287 . Respondent was not on duty at St. VincentÓs on Friday,

840May 20, 2016. He did work there on Saturday, May 21, 2016. The

853preponderance of the evidence indicates that the alleged

861incident described herein occurred on May 2 1, 2016.

8708 . Upon entering M.C.Ós room on May 21, 2016, Respondent

881smelled urine . He asked M.C. if she had wet herself, and she

894replied in the affirmative. Although M.C. was able to turn

904herself in bed, and could use the bedside commode with

914assistance, she was not able to clean herself . 1 / Respondent

926determined that he would have to provide her with routine

936perianal care (pericare) .

9409 . Pericare is the washing of the genitals and anal area.

952Pericare for female patients involves having the patient open

961her legs , whereupon the health care provider clean s the outer

972part of her vagina , and then cleans the genital area from front

984to back. Pericare can be done during a bath or as a separate

997procedure. Depending on the extent of the incontinent incident ,

1006cleaning can extend beyond the immediate genital area. Pericare

1015prevents breakdown of the perianal area, itching, burning, odor,

1024and infections.

102610 . St. VincentÓs has no policy restricting the gender of

1037PCT s providing pericare, and there was no viola tion of

1048established protocol in having Respondent provide pericare for a

1057female patient.

105911 . Respondent got cleaning supplies, wipes, clean linens

1068and a gown, washed his hands with soap, and put on gloves.

108012 . Respondent first performed some general c leaning of

1090M.C.Ós legs , arms, and back . Respondent then performed pericare

1100by having M.C. turn on her side , when he cleaned her buttocks

1112from front to back, and then having her roll over to clean her

1125front , again wiping her. Respondent stated that he had no

1135conversation with M.C. during this care.

114113 . Respondent testified that the door to M.C.Ós room

1151remained cracked open during the time he was p roviding pericare

1162to M.C. His testimony was credible, and is accepted.

117114 . Respondent stripped the bed linens, made the bed with

1182fresh linens, and provided M.C. with a fresh gown.

119115 . Prior to May 21, 2016, M.C. had been cleaned by female

1204hospital staff. She had never before been cleaned by male

1214hospital staff, an occurrence that, during her testimony,

1222appeared to bother her independent of any alleged misdeeds.

123116 . On May 24, 2016, case manager Kendra Crossway and

1242Robin Copeland, P.A., went to M.C.Ós room to discuss her

1252d ischarge. During that meeting, M.C. first alleged RespondentÓs

1261se xual misconduct.

126417 . At the hearing, M.C. testified that she reported the

1275incident Ð[t]he next day.Ñ The preponderance of the evidence

1284indicates that the report was made on May 24, 2016, three days

1296after the alleged incident.

130018 . Ms. Crossway reported to Ms. Holt that M.C. had stated

1312that she would never come to St. VincentÓs again , and that M.C.

1324further stated that her PCT had fondled her private parts.

133419 . Upon being advised of the patient Ós allegation,

1344Ms. Holt interviewed M.C. regarding the allegation of sexual

1353misconduct . Ms. Holt was told that Respondent put his fingers

1364inside of M.C.Ós vagina and then , upon her protest, he said,

"1375Okay, okay" and left the room. 2 /

138320 . Ms. Holt reported her conversation to Mr. Graham a nd

1395Genevieve Lanouette , who interviewed M.C. around 10:00 or

140311:00 a.m. on May 24, 2016. M.C. indicated that Respondent came

1414to her room on ÐFridayÑ (which would have been May 20, 2016) in

1427the late afternoon. 3 / M.C. related that Respondent told her that

1439he was there to clean her up. She advised them that she had

1452been inappropriately touched on her Ðprivate areasÑ by Ða fat

1462black man who thought he was funny,Ñ who put his fingers inside

1475her vagina. Both the hospitalÓs investigative report and the

1484stipula ted facts indicate that M.C. identified Respondent by

1493name.

149421 . M.C. testified at the hearing that Respondent put two

1505or three fingers into her vagina, pushing them in as far as they

1518would go, and held them there for two minutes. She could not

1530recall if Respondent was using a wipe or gloves.

153922 . M.C. testified that she told Respondent to ÐstopÑ when

1550he put his fingers in her vagina. She testified earlier, in

1561deposition, that she told him to stop when he first began

1572cleaning her stom ach area .

157823 . Mr. Graham and Ms. Lanouette also interviewed

1587Respondent. He was asked to describe how he provides pericare

1597to patients, was asked to describe his care of M.C. , and was

1609ultimately advised of the allegation made by M.C.

161724 . Respondent denied putting his fingers in M.C.Ós

1626vagina, or otherwise acting in any way inappropriately, both

1635during the investigation and at the hearing.

164225 . Respondent was suspended by the hospital on May 24,

16532016, pending the outcome of the investigation.

166026 . At the conclusion of its internal investigation,

1669St. VincentÓs determined that Respondent did not engage in

1678sexual misconduct , and he was reinstated on May 28, 2016 .

1689Nonetheless, the allegation of sexual misconduct was reported to

1698the Department of Heal th on June 2, 2016.

1707C ONCLUSIONS OF LAW

1711A. Jurisdiction

171327 . The Division of Administrative Hearings has

1721jurisdiction over the parties and the subject matter of this

1731proceeding . §§ 4 56.073 ( 5 ), 120. 569 , and 120.57(1) , Fl a. Stat.

1746(201 6 ) .

175028 . The Department has authority to investigate and file

1760administrative complaints charging violations of the laws

1767governing CNAs . § 456.073, Fla. Stat. (2016).

1775B. Standards

177729 . Section 464.204(1)(b) establishes, as grounds for

1785which the Board of Nursing may impose disciplinary sanctions ,

1794Ð[i] ntentionally violating any provision of [chapter 464] ,

1802chapter 456, or the rules adopted by the board. Ñ

181230 . Section 4 56.072(1)(v) provide s that:

1820The following acts shall constitute grounds

1826for which the disciplinar y actions specified

1833in subsection (2) may be taken :

1840* * *

1843( v ) Engaging or attempting to engage in

1852sexual misconduct as defined and prohibited

1858in s. 456.063(1).

186131 . Section 456.063(1) provides that:

1867Sexual misconduct in the practice of a

1874health care profession means violation of

1880the professional relationship through which

1885the health care practitioner uses such

1891relationship to engage or attempt to engage

1898the patient or client, or an immediate

1905family member, guardian, or representative

1910of the patient or client in, or to induce or

1920attempt to induce such person to engage in,

1928verbal or physical sexual activity outside

1934the scope of the professional practice of

1941such health care profession. Sexual

1946misconduct in the practice of a health care

1954profession is proh ibited.

195832 . A C NA who intentionally inserts his fingers into a

1970patientÓs vagina while performing pericare would be guilty of

1979sexual misconduct.

1981C. Burden and Standard of Proof

198733 . The D epartment bears the burden of proving the

1998specific allegations th at support the charges alleged in the

2008Administrative Complaint by clear and convincing evidence.

2015DepÓt of Banking & Fin., Div. of Sec. & Inv. Prot. v. Osborne

2028Stern & Co. , 670 So. 2d 932 (Fla. 1996); Ferris v. Turlington ,

2040510 So. 2d 292 (Fla. 1987); Fox v . Dep't of Health , 994 So. 2d

2055416 (Fla. 1st DCA 2008); Pou v. DepÓt of Ins. & Treasurer ,

2067707 So. 2d 941 (Fla. 3d DCA 1998).

207534 . Clear and convincing evidence Ðrequires more proof

2084than a Òpreponderance of the evidenceÓ but less than Òbeyond and

2095to the exc lusion of a reasonable doubt.ÓÑ In re Graziano ,

2106696 So. 2d 744, 753 (Fla. 1997). The clear and convincing

2117evidence level of proof :

2122[E]ntails both a qualitative and

2127quantitative standard. The evidence must be

2133credible; the memories of the witnesses must

2140be clear and without confusion; and the sum

2148total of the evidence must be of sufficient

2156weight to convince the trier of fact without

2164hesitancy.

2165Clear and convincing evidence

2169requires that the evidence must be

2175found to be credible; the facts to

2182which the witnesses testify must be

2188distinctly remembered; the testimony

2192must be precise and explicit and the

2199witnesses must be lacking in

2204confusion as to the facts in issue.

2211The evidence must be of such weight

2218that it produces in the mind of the

2226trier of fact a fi rm belief or

2234conviction, without hesitancy, as to

2239the truth of the allegations sought

2245to be established.

2248In re Davey , 645 So. 2d 398, 404 (Fla. 1994) (quoting, with

2260approval, Slomowitz v. Walker , 429 So. 2d 797, 800 (Fla. 4th DCA

22721983)); see also In re Henson , 913 So. 2d 579, 590 (Fla. 2005).

"2285Although this standard of proof may be met where the evidence

2296is in conflict, it seems to preclude evidence that is

2306ambiguous." Westinghouse Elec tric Corp. v. Shuler Bros. ,

2314590 So. 2d 986, 989 (Fla. 1st DCA 1991) .

232435 . A proceeding to suspend, revoke, or impose other

2334discipline upon a license is penal in nature. State ex rel.

2345Vining v. Fla. Real Estate Comm'n , 281 So. 2d 487, 491 (Fla.

23571973). Penal statutes must be construed in terms of their

2367literal meaning an d words used by the Legislature may not be

2379expanded to broaden the application of such statutes. Thus, t he

2390provisions of law upon which this disciplinary action has been

2400brought must be strictly construed, with any ambiguity construed

2409against Petitioner. Elmariah v. DepÓt of Bus. & ProfÓl Reg. ,

2419574 So. 2d 164, 165 (Fla. 1st DCA 1990); see also Griffis v.

2432Fish & Wildlife Conserv. Comm'n , 57 So. 3d 929, 931 (Fla. 1st

2444DCA 2011); Beckett v. DepÓt of Fin. Servs. , 982 So. 2d 94, 100

2457(Fla. 1st DCA 2008); Whitaker v. DepÓt of Ins. , 680 So. 2d 528,

2470531 (Fla. 1st DCA 1996); Dyer v. DepÓt of Ins. & Treasurer ,

2482585 So. 2d 1009, 1013 (Fla. 1st DCA 1991).

249136 . The allegations of fact set forth in the

2501Administrative Complaint a re the grounds upon which this

2510proceeding is predicated. Trevisani v. DepÓt of Health , 908 So.

25202d 1108, 1109 (Fla. 1st DCA 2005); see also Cottrill v. DepÓt of

2533Ins. , 685 So. 2d 1371, 1372 (Fla. 1st DCA 1996). Thus, the

2545scope of this proceeding is properly restricted to those matters

2555as framed by Petitioner. M.H. v. DepÓt of Child. & Fam. Servs. ,

2567977 So. 2d 755, 763 (Fla. 2d DCA 2008).

2576E. Analysis

25783 7 . Th e Admini strative Complaint alleges that ÐRespondent

2589intentionally engaged or attempted to engage Patient M.C. in

2598sexual misconduct when he inserted his fingers into Patient

2607M.C.'s vagina.Ñ

26093 8 . The evidence in this case consisted almost entirely of

2621the statements of the two primary actors - - M.C. and Respondent.

2633There were no other witnesses, and no physical evidence to

2643substantiate the claim. The alleged act was not reported until

2653several days after it occurred, despite numerous intervening

2661opportunities in whi ch M.C. was with hospital staff outside of

2672the presence of Respondent. The initial report was that the

2682alleged incident occurred on a day that Respondent was not on

2693duty - - a detail not suggesting that Respondent did not provide

2705pericare to M.C., b ut sugg esting a degree of imprecision in

2717M.C.Ós memory . Though not dramatic, there were inconsistencies

2726in M.C.Ós description of the incident over time. In particular,

2736in her discussion with Ms. Holt, M.C. described an incident

2746shorter in duration , and more possible of being the result of a

2758misperception of normal pericare , 4 / than the incident described

2768at hearing . 5/ Although M.C. seemed credible , so was Respondent.

2779There was nothing in RespondentÓs deportment at the hearing to

2789suggest evasiveness or prevar ication.

279439 . As indicated above, the burden on the Department to

2805prove the allegations of the Administrative Complaint is fairly

2814high. In light of the complete record, t he evidence adduced in

2826this case was not clear and convincing that Respondent commit ted

2837the act alleged in the Administrative Complaint.

2844RECOMMENDATION

2845Based on the foregoing Findings of Fact and Conclusions of

2855Law, it is RECOMMENDED that the Department of Health, Board of

2866Nursing, enter a final order dismissing the Administrative

2874Com plaint against Respondent, Brandon Young , C.N.A .

2882DONE AND ENTERED this 5th day of January, 2017 , in

2892Tallahassee, Leon County, Florida.

2896S

2897E. GARY EARLY

2900Administrative Law Judge

2903Division of Administrative Hearings

2907The DeSoto Building

29101230 Apalachee Parkway

2913Tallahassee, Florida 32399 - 3060

2918(850) 488 - 9675

2922Fax Filing (850) 921 - 6847

2928www.doah.state.fl.us

2929Filed with the Clerk of the

2935Division of Administrative Hearings

2939t his 5th day of January, 2017 .

2947ENDNOTES

29481/ Although M.C. indicated that she could clean hers elf at home,

2960she acknowledged that during stays in the hospital, hospital

2969staff cleans her, stating Ð[t]here's a difference between the

2978hospital and home.Ñ

29812 / The statements made by M.C. to various hospital staff,

2992including Ms. Crossway, Ms. Holt , and Mr. Graham, are recognized

3002as being out - of - court statements. However, they are not recited

3015here for the truth of the matters asserted, but are rather set

3027forth as comparisons with her testimony at hearing to determine

3037whether the facts were distinctl y remembered , and whether the

3047complainant exhibited any degree of confusion as to the facts in

3058issue .

30603 / As indicated previously, Re spondent was not on duty on

3072May 20, 2016.

30754/ Tr. 94: 22 - 95:5.

30815/ Tr. 56:23 - 57:9.

3086COPIES FURNISHED :

3089Edwin A. Bayó, Esquire

3093Grossman, Furlow & Bayó, LLC

30982022 - 2 Raymond Diehl Road

3104Tallahassee, Florida 32308

3107(eServed)

3108Brynna J. Ross, Esquire

3112Prosecution Services Unit

3115Department of Health

31184052 Bald Cypress Way , Bin C - 65

3126Tallahassee, Florida 32399 - 3265

3131(eServed)

3132Paul Drake, Esquire

3135Grossman, Furlow & Bayó, LLC

31402022 - 2 Raymond Diehl Road

3146Tallahassee, Florida 32308

3149(eServed)

3150William M. Furlow, Esquire

3154Grossman, Furlow & Bayó, LLC

31592022 - 2 Raymond Diehl Road

3165Tallahassee, Florida 32308

3168(eServed)

3169Angela Chiang, Esquire

3172Pro secution Services Unit

3176Department of Health

31794052 Bald Cypress Way , Bin C - 65

3187Tallahassee, Florida 32399

3190(eServed)

3191Joe Baker, Jr., Executive Director

3196Board of Nursing

3199Department of Health

32024052 Bald Cypress Way , Bin C02

3208Tallahassee, Florida 32399

3211(eServed)

3212Nichole C. Geary, General Counsel

3217Department of Health

32204052 Bald Cypress Way, Bin A02

3226Tallahassee, Florida 32399

3229(eServed)

3230Jody Bryant Newman, EdD, EdS

3235Board Chair

3237Board of Nursing

3240Department of Health

32434052 Bald Cypress Way , Bin C02

3249Tallahassee, Florida 32399

3252NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3258All parties have the right to submit written exceptions within

326815 days from the date of this Recommended Order. Any exceptions

3279to this Recommended Order should be filed with the agency that

3290will issue the Final Order in this case.

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Proceedings
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Date: 03/01/2017
Proceedings: Agency Final Order filed.
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Date: 02/27/2017
Proceedings: Agency Final Order
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Date: 01/26/2017
Proceedings: Department's Response to Respondent's Motion for Sanctions Pursuant to Section 57.105, Florida Statutes filed.
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Proceedings: Notice of Filing Motion for Sanctions Pursuant to Section 57.105, Florida Statutes filed. (medical information, not available for viewing) DOAH CASE NO. 17-0654F ESTABLISHED  Confidential document; not available for viewing.
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Date: 01/05/2017
Proceedings: Recommended Order
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Date: 01/05/2017
Proceedings: Recommended Order (hearing held November 30, 2016). CASE CLOSED.
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Date: 01/05/2017
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 12/27/2016
Proceedings: Department's Proposed Recommended Order filed.
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Date: 12/27/2016
Proceedings: Respondent's Proposed Recommended Order filed.
Date: 12/14/2016
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 12/09/2016
Proceedings: Department's Notice of Filing filed.
Date: 11/30/2016
Proceedings: CASE STATUS: Hearing Held.
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Date: 11/29/2016
Proceedings: Joint Pre-hearing Stipulation filed.
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Date: 11/29/2016
Proceedings: Respondent's Response to Petitioner's Second Motion in Limine filed.
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Date: 11/29/2016
Proceedings: Department's Second Motion in Limine filed.
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Date: 11/21/2016
Proceedings: Order on Outstanding Motions.
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Date: 11/21/2016
Proceedings: Respondent's Motion to Compel Responses to Requests for Admission filed.
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Date: 11/18/2016
Proceedings: Notice of Taking Deposition (Emily Gray) filed.
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Date: 11/18/2016
Proceedings: Notice of Taking Deposition (Robin Copeland) filed.
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Date: 11/18/2016
Proceedings: Notice of Taking Deposition (Kendra Crossway) filed.
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Date: 11/18/2016
Proceedings: Notice of Taking Deposition (Margarita Evangelista) filed.
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Date: 11/18/2016
Proceedings: Notice of Taking Deposition (Michelle Holt) filed.
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Date: 11/18/2016
Proceedings: Amended Notice of Taking Deposition (Genevieve Seljalbo Lanouette) filed.
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Date: 11/18/2016
Proceedings: Notice of Taking Deposition (Genevieve Seljalbo Lanouette) filed.
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Date: 11/18/2016
Proceedings: Notice of Taking Deposition (Matthew Graham) filed.
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Date: 11/18/2016
Proceedings: Department's Motion in Limine filed.
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Date: 11/18/2016
Proceedings: Department's Motion to Compel Discovery filed.
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Date: 11/18/2016
Proceedings: Respondent's Motion in Limine filed.
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Date: 11/18/2016
Proceedings: Response to Department's Notice of Intent to Serve Subpoena on Non-party filed.
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Date: 11/17/2016
Proceedings: Department's Notice of Intent to Serve Subpoena on Non-Party filed.
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Date: 11/15/2016
Proceedings: Notice of Taking Deposition (Patient M.C.) filed.
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Date: 11/15/2016
Proceedings: Notice of Taking Deposition (Respondent) filed.
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Date: 11/14/2016
Proceedings: Department's Notice of Intent to Admit Records Pursuant to Section 90.803(6), Florida Statutes filed.
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Date: 11/10/2016
Proceedings: Notice of Appearance of Co-counsel (Angela Chiang) filed.
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Date: 11/09/2016
Proceedings: Notice of Appearance (of William M. Furlow on behalf of Respondent) filed.
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Date: 11/09/2016
Proceedings: Order of Pre-hearing Instructions.
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Date: 11/09/2016
Proceedings: Notice of Hearing (hearing set for November 30, 2016; 9:30 a.m.; Jacksonville, FL).
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Date: 11/09/2016
Proceedings: Notice and Certificate of Service of Petitioner Department of Health's Response to Respondent's First Set of Interrogatories, First Request for Production of Documents, and First Request for Admissions filed.
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Date: 11/09/2016
Proceedings: Department's Response to Motion for Expedited Hearing and Expedited Discovery and Amended Motion for Expedited Hearing and Expedited Discovery filed.
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Date: 11/04/2016
Proceedings: Amended Motion for Expedited Hearing and Expedited Discovery filed.
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Date: 11/03/2016
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Date: 11/03/2016
Proceedings: Department's Response to Respondent's "Requests" Contained in Respondent's Amended Petition filed.
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Date: 11/03/2016
Proceedings: Department's Response to Respondent's Statements that He is Entitled to Attorney's Fees Contained in Respondent's Amended Petition filed.
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Date: 11/02/2016
Proceedings: Notice and Certificate of Service of Petitioner Department of Health's First Set of Interrogatories, First Request for Production of Documents, and First Request for Admissions to Respondent, Brandon Young, C.N.A filed.
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Date: 11/02/2016
Proceedings: Notice of Appearance (Paul Drake) filed.
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Date: 11/02/2016
Proceedings: Motion for Expedited Hearing and Expedited Discovery filed.
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Date: 11/02/2016
Proceedings: Initial Order.
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Date: 11/01/2016
Proceedings: Amended Petition for Hearing Involving Disputed Issues of Material Fact and Demand for Immediate Administrative Hearing filed.
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Date: 11/01/2016
Proceedings: Department's Response to Respondent's Statements that He is Entitled to Attorney's Fees filed.
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Date: 11/01/2016
Proceedings: Petition for Hearing Involving Disputed Issues of Material Fact filed.
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Date: 11/01/2016
Proceedings: Administrative Complaint filed.
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Date: 11/01/2016
Proceedings: Agency referral filed.

Case Information

Judge:
E. GARY EARLY
Date Filed:
11/01/2016
Date Assignment:
11/02/2016
Last Docket Entry:
03/01/2017
Location:
Jacksonville, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (7):