DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. 2017-19164 PAULA K. FISCHER, R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Paula K. Fischer, R.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a registered nurse within the state of Florida, having been issued license number RN9281609, on or about August 14, 2008.
3. Respondent's address of record is 9308 Orange blossom Road, Howey in the Hills, Florida 34737. Respondent may also be found at 4805 Oakwood Drive, Saint Cloud Florida 34772. 4. On or about September 19, 2013, Respondent defaulted on a student loan issued or guaranteed by the Federal Government. 5. On or about June 16, 2017, and again on or about June 30, 2018, the Department received information from the Department of Education indicating Respondent defaulted on a student loan issued or guaranteed by the State or Federal government. 6. To date, Respondent is in default on her student loan. 7. Section 456.072(1)(k), Florida Statutes (2013-2017), provides that failing to repay a student loan issued or guaranteed by the state or the Federal Government in accordance with the terms of the loan or failing to comply with service scholarship obligations shall be considered a failure to perform a statutory or legal obligation, and the minimum disciplinary action imposed shall be a suspension of the license until new payment terms are agreed upon or the scholarship obligation is resumed, followed by probation for the duration of the student loan or remaining scholarship obligation period, and a fine equal to 10 percent of the defaulted loan amount. Section DOH v. Fischer, Paula K. R.N. 2
456.074(4), Florida Statutes (2018), provides that "[u]pon receipt of information that a Florida-licensed health care practitioner has defaulted on a student loan issued or guaranteed by the state or the Federal Government, the department shall notify the licensee by certified mail that he or she shall be subject to immediate suspension of license unless, within 45 days after the date of mailing, the licensee provides proof that new payment terms have been agreed upon by all parties to the loan." 8. On or about October 30, 2017, the Department notified Respondent by certified mail to her address of record that she was subject to immediate suspension of her license, unless she provided proof to the Department that new payment terms have been agreed upon by all parties to the loan within 45 days after the date of the Department's mailing and did not receive a reply within 45 days. 9. As set forth above, Respondent failed to perform a statutory or legal obligation when she defaulted on a student loan provided by the Federal Government. 10. Based on the foregoing, Respondent has violated Section 456.072(1)(k), Florida Statutes (2013-2017). DOH v. Fischer, Paula K. R.N. 3
WHEREFORE, the Petitioner respectfully requests that the Board of Pharmacy enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board. deems appropriate. SIGNED this.9/ 66 day of (?)eic,ec_ir.,, 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK DATE PILED DEPARTMENT OF HEALTH DEPUTY CLERK Anteet Sanders OCT 3 1_ 177,chtc,,Ohra 663") C THIA SHAW Assistant General Counsel Fla. Bar No. 0727611 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 558-9817 Facsimile: (850) 245-4662 Email: cynthia.shaw@flhealth.gov PCP Meeting: October 30, 2018 PCP Members: Dr. Fran Paschall, MBA, DNP, RN, CENP Chairperson Jenifer Raymond, LPN DOH v. Fischer, Paula K. R.N. 4
NOTICE OF RIGHTS. Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please note that mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v. Fischer, Paula K. R.N. 5