appeal from the Department of Health.
Bonilla, West Palm Beach, for Appellant.
E. Lamia, Chief Appellate Counsel, Sarah Young Hodges, Chief
Appellate Counsel, and Katelyn R. Boswell, Assistant General
Counsel, Florida Department of Health, Prosecution Services
Unit, Tallahassee, for Appellee.
Jr., Robert E., Associate Judge.
Hall appeals the permanent revocation of her license as a
practical nurse by the Department of Health, Board of
Nursing, in its final administrative order after an informal
hearing. Because we find no ground under section 120.68(7),
Florida Statutes for setting aside the final administrative
order, we affirm.
26, 2016, Hall was working as a licensed practical nurse at a
healthcare facility in Pahokee, Florida. Hall had a dispute
with a patient at approximately 11:30 p.m. During this
dispute, the patient threw water on Halls face. As the
patient was walking away, Hall got up and chased her out of
the room, grabbed her by the hair, and dragged her by the
hair across the floor. Hall was then separated from the
patient and restrained by other staff members. After being
separated and restrained, Hall tried to attack the patient a
second time. The incident was captured on the facilitys
Department filed an administrative complaint which alleged
that on May 26, 2016, while employed as a licensed practical
nurse, Hall "used force and/or struck" a patient.
The complaint alleged this amounted to "unprofessional
conduct," as defined by rule 64B9-8.005(13), Florida
Administrative Code, and the conduct was grounds for
disciplinary action against Hall by the Board pursuant to
section 464.018(1)(h), Florida Statutes (2015). The complaint
requested the Board permanently revoke or suspend Halls
license, impose other penalties, or order "other
relief" the Board may deem appropriate.
Because Hall did not dispute the facts alleged, the parties
proceeded to an informal hearing before the Board. § §
120.569(1), 120.57(2), Fla. Stat. (2016). The hearing began
with motions for the Board to accept the Departments
investigative report and the video of the incident into
evidence and to accept the facts as alleged in the
administrative complaint. Both motions were seconded and
adopted. Hall then testified, providing context for the
incident and mitigation for the undisputed facts. Hall
explained the patient had been difficult to deal with, had
demanded medications she could not provide, and had thrown
water on her. Halls counsel then made a similar argument.
Department then requested the Board adopt the conclusions of
law set forth in the complaint. The Board unanimously agreed.
The Board also unanimously found the undisputed facts
sufficient to meet two aggravating factors identified in the
rule - that Hall was a "danger to the public" and a
"deterrent effect" was necessary. Fla. Admin. Code
R. 64B9-8.006(5)(b)1., (5)(b)5. The Board voted unanimously
to permanently revoke Halls license. In its written order,
the Board reiterated its adoption of the facts and
conclusions of law as alleged in the administrative complaint
and found the aggravating factor that Hall presented a danger
to the public.
appeal, Hall first argues that revocation of her license was
improper because section 456.072(3)(b) limits the penalty for
a single violation of section 464.018(1)(h) to a
non-disciplinary citation. However, section 456.072(3)(b)
provides for the penalty of "a citation ... and
... a penalty as determined by rule ."
(emphasis added). The penalty of revocation was "as
determined by rule" 64B9-8.006(5)(a), Florida
Administrative Code. The Board made no error here.
Hall argues the Board considered matters outside the
administrative complaint in finding Hall presented a danger
to the public. We disagree. The investigative report and the
video admitted into evidence address only the single incident
alleged in the complaint. At no time during the hearing did
the Board delve into circumstances outside the incident
alleged in the administrative complaint.
was expressly noticed that these circumstances would be
considered because the complaint identified the incident and
stated that she "us[ed] force against and/or
struck" a patient. Hall was also expressly noticed of
the penalty sought by the Department. The complaint clearly
stated the Department was seeking permanent revocation, among
other options. The available sanctions, and the Board
findings necessary to impose them, are set forth in the
statute and applicable rule. Revocation of Halls license was
an available sanction if the Board found an aggravating
circumstance. Fla. Admin. Code R. 64B9-8.006(3)(f)3. and
64B9-8.006(5)(a). The Department is not required to restate
the law in its complaint. Rather, the Department must notice
Hall of the factual allegations ...