CorrFlow#

Division ID
¯rJ1; I
¯ uI!!
REVIEW SHEET
UPDATED 10/11/2019

Prepared by Melba L. Apellaniz, RSII Bureau/Office General Counsel

Date 11/15/2019 Division Prosecution Services Unit
Phone 850-558-9811 Due Date
Subject Emergency Suspension Order: Gina Emmanuel, RN; 2019-45573

Comments

FOR REVIEW BY:

Unit Supervisor Bureau Chief

Name Date: Name Date:
Financial Mgr Division Director
Name Date: Name Date:

TIME SENSITIVE

#
-
ADDITIONAL REVIEW # DEPU1V SECRETARY REVIEW
Division Correspondence Liaison Deputy Secretary for County Health Systems
Name VACANT
- -

Office of Budget & Revenue Management Director, County Health Systems

Name Beth Potemiti
- - -

Bureau of Personnel & HR Management Deputy Secretary for Assistant Deputy

Name Health Secretary for Health
VACANT Jennifer S. Johnson, MPH
Office of Legislative Planning (Interim)
Name
- - -

Office of General Counsel Deputy Secretary for Operations

_____
1 Louise Wilhite-St. Laurent Michele Tallent
- - -

Bureau of General Services Deputy Secretary for Children's Medical Services

Name VACANT

Other
Name # EXECUTIVE SUITE REVIEW -
PRATHER BUILDING
- -

Other Executive Suite Front Desk

Name 2 Latopa Williams
- -

Correspondence Manager
Victoria Parsons
- -

Communications
Albeito Moscow
-

Chief of Staff
Courtney F Coppola
-

State Surgeon General

3 ScottA. Rivkees, MD
 STATE OF FLORIDA
DEPARTMENT OF HEALTH

In Re: Emergency Suspension of the License of

Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

ORDER OF EMERGENCY SUSPENSION OF LICENSE

Scott A. Rivkees, M.D., State Surgeon General, ORDERS the

emergency suspension of the license of Gina Emmanuel, R.N., (Ms.

Emmanuel) to practice as a registered nurse in the State of Florida. Ms.

Emmanuel holds license number RN 9249619. Her address of record is 480

NE 111th Street, Miami Shores, Florida 33161. The following Findings of Fact

and Conclusions of Law support the emergency suspension of Ms.

Emmanuel's license to practice as a registered nurse in the State of Florida.

FINDINGS OF FACT

1. The Department of Health (Department) is the state agency

charged with regulating the practice of nursing pursuant to chapters 20, 456,

and 464, Florida Statutes (2019). Section 456.073(8), Florida Statutes

(2019), authorizes the Department to summarily suspend Ms. Emmanuel's

license to practice as a nurse in the State of Florida, in accordance with

section 120.60(6), Florida Statutes (2019').

 In Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

2. At all times material to this Order, Ms. Emmanuel was licensed

to practice as a nurse in the State of Florida, pursuant to chapter 464.

3. Ms. Emmanuel lived in Miami, Florida with her four adopted

children: Minor Child #1, a 13-year -old female; Minor Child #2, a 7 -year -old

female; Minor Child #3, a 5 -year -old male; and Minor Child #4, a 7 -year -old

female.

4. Ms. Emmanuel also lived with her son, lB., a 24-year -old male

that suffers from Downs Syndrome.

5. In or around October to November 2018, Minor Child #4 began

experiencing flu-like symptoms, including severe coughing, wheezing,

fainting, hearing loss, trouble standing and walking, and incontinence.

6. Ms. Emmanuel failed to provide or seek to provide Minor Child

#4 with medical care.

7. On November 3, 2018, Ms. Emmanuel's adopted daughter, Minor

Child #4 was found unresponsive in her bed.

8. Emergency medical services were contacted, and the Miami -

Dade Fire Rescue and Miami -Dade Police Department (MDPD) responded to

Ms. Emmanuel's house.

2
 En Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

9. EMS observed that Minor Child #4 had fluid in her lungs.

10. EMS transported Minor Child #4 to the hospital where she was

pronounced dead despite attempts at resuscitation.

11. Upon examination, it was discovered that Minor Child #4 was

covered in scratches, burn marks, old scars, and large open wounds on her

hands and knees.

12. Medical staff opined that Minor Child #4's open wounds were so

large that they would have required a specialized wound team for proper

treatment.

13. Additionally, Minor Child #4 appeared malnourished and severely

underweight with bones visibly protruding.

14. On November 5, 2018, Child Abuse Medical Experts/Child

Protection Team (CPT) evaluated Minor Childs #1 and #2.

15. CPT observed that the children were covered in similar wounds,

scratches, and healed burn marks.

16. The children disclosed that Ms. Emmanuel beat them with a

brush, belt, and back scratcher; made them stand for hours at a time; tied

socks around their eyes; and burned their hands and fingers on the stove.

3
 En Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

17. Ms. Emmanuel did not provide medical care or treatment to her

children's burned hands, resulting in their hands being permanently

disfigured.

18. Based on the extensive injuries on Minor Child #4's body, the

Department of Children and Families (DCF) conducted an investigation.

19. In January 2019, a DCF investigator interviewed Minor Child #1

and Minor Child #2.

20. Minor Child #1 told the investigator that whenever Ms.

Emmanuel left her house, she would chain her children to their beds.

21. Minor Child #1 told the investigator that Ms. Emmanuel often

punished the children by holding their hands onto stove burners.

22. Additionally, Ms. Emmanuel would deprive Minor Child #1 of a

bed or hot water if she believed that Minor Child #1 misbehaved.

23. Minor Child #1 told the investigator that Ms. Emmanuel

instructed Minor Child #1 to lie about her burns and other injuries. Minor

Child #1 followed her adoptive mother's instructions out of fear of the

repercussions of telling the truth.

 In Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

24. Minor Child #2 told investigators that Ms. Emmanuel punished

her by forcing her to stand in a "crucifix" position. If Minor Child #2 got

tired and tried to put her arms down, Ms. Emmanuel beat her with a shoe.

25. Minor Child #2 corroborated that Ms. Emmanuel burned her

children as a punishment. Minor Child #2 showed the investigator burn

marks on her hand as a result of a punishment.

26. Minor Child #2 also admitted to the investigator that Ms.

Emmanuel instructed her to lie about where her wounds came from.

27. DCF removed the children from Ms. Emmanuel's home and

placed the children in the care of a foster parent.

28. In February 2019, a judge assigned to the children's case

determined that it was not in the children's best interests to be left alone

with Ms. Emmanuel. Ms. Emmanuel was permitted to have supervised visits

with Minor Child #2 and #3 for one hour a week.

29. On May 23, 2019, a judge in Miami -Dade County determined that

it was in the children's best interest for Ms. Emmanuel's parental rights to

be terminated.

5
 In Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

30. On October 2019, the MDPE interviewed Ms. Emmanuel. Ms.

Emmanuel admitted that she caused the injuries to her children and did not

seek proper medical treatment for Minor Child #4.

31. Ms. Emmanuel was arrested and charged with aggravated child

abuse, child neglect, and psychological abuse. These charges are pending

resolution in Miami -Dade County case number 13 -2019-CF -019771.

32. In the course of their practice, nurses are responsible for the

care and treatment of patients, who often include vulnerable children and

adults. Nurses are entrusted by the public to have good judgment and moral

character and to practice nursing in a manner that promotes healing.

33. Ms. Emmanuel was entrusted by the State of Florida with the

lives of her four adopted children when she adopted them in 2017. Over the

course of two years, Ms. Emmanuel violated that trust by willfully abusing

her children in cruel and sadistic ways. Ms. Emmanuel's maltreatment and

abuse of her children, which resulted in permanent disfigurement,,

psychological trauma, and death, indicates that Ms. Emmanuel is incapable

of being trusted to care for others. Additionally, Ms. Emmanuel's failure or

refusal to provide medical treatment to her children, which resulted in

6
 In Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

permanent disfigurement and death, indicates that Ms. Emmanuel lacks the

judgment and moral character expected of a registered nurse.

34. Ms. Emmanuel's abuse and neglect of her children was ongoing

while the children were in her care. The court's determination that it was in

the children's best interest to be permanently removed from Ms. Emmanuel's

care indicates that Ms. Emmanuel's abuse and neglect were likely to continue

without judicial intervention.

35. Based on Ms. Emmanuel's abuse and neglect of her children, her

deliberate and intentional disregard for the health and safety of vulnerable

children entrusted to her care, and her lack of good judgment and moral

character, Ms. Emmanuel's continued practice as a registered nurse presents

an immediate, serious danger to the health, welfare, and safety of the public.

36. Based on Ms. Emmanuel's systematic, willful, and sadistic abuse

and neglect of her children, any vulnerable person seeking Ms. Emmanuel's

care and treatment is in danger of similar harm. Therefore, there are no

less -restrictive means than the terms outlined in this Order that will

adequately protect the public.

7
 In Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

CONCLUSIONS OF LAW

Based on the foregoing Findings of Fact, the State Surgeon General

concludes as follows:

1. The State Surgeon General has jurisdiction over this matter

pursuant to sections 20.43 and 456.073(8), Florida Statutes (2019), and

chapter 464, as set forth above.

2. Section 464.018(1)(e), Florida Statutes (2018), authorizes

discipline, including suspension, against a licensee for having been found

guilty of, regardless of adjudication, or entered a plea of nob contendere or

guilty to, any offense prohibited under section 435.04, Florida Statutes

(2018) or similar statute of another jurisdiction; or having committed an act

which constitutes domestic violence as defined in section 741.28, Florida

Statutes (2018).

3. Section741.28, defines domestic to include any assault,

aggravated assault, battery, aggravated battery, sexual assault, sexual

battery, stalking, aggravated stalking, kidnapping, false imprisonment, or

any criminal offense resulting in physical injury or death of one family or

household member by another family or household member.

 In Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

4. Ms. Emmanuel committed acts that constitute domestic violence

by:

a. Committing battery against Minor Child #1;

b. Committing battery against Minor Child #2;

c. Committing battery against Minor Child #4;

d. Contributing to the death of Minor Child #4;

e. Falsely imprisoning Minor Child #1;

f. Falsely imprisoning Minor Child #2; and

g. Neglecting Minor Child #4.

5. Section 120.60(6), Florida Statutes (2019), authorizes the State

Surgeon General to summarily suspend a registered nurse's license upon a

finding that the nurse presents an immediate, serious danger to the public

health, safety, or welfare.

6. Ms. Emmanuel's continued practice as a registered nurse

constitutes an immediate, serious danger to the health, safety, or welfare of

the citizens of the State of Florida, and this summary procedure is fair under

the circumstances to adequately protect the public.

9
 In Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

WHEREFORE, in accordance with section 120.60(6), it is ORDERED

THAT:

1. The license of Gina Emmanul, R.N., to practice as a registered

nurse, license number RN 9249619, is immediately suspended.

2. A proceeding seeking forma! discipline of the license of Gina

Emmanuel, R.N., to practice nursing in the State of Florida will be promptly

instituted and acted upon in compliance with sections 120.569 and

120.60(6).

DONE and ORDERED this \ day of X('1L- , 2019.

Scott Rivkees, M.D.

.

State Surgeon General

PREPARED BY:
Kristen Summers
Chief Legal Counsel
Department of Health
Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
(850) 558-9909 TELEPHONE
(850) 245-4662 FAX
Florida Bar No. 112206
Kristen.Summers@flhealth.gov

10
 In Re: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

E OF RIGHT TO JUDICIAL REVIEW

Pursuant to Sections 120.60(6), and 120.68, Florida Statutes, the

Department's findings of immediate danger, necessity, and procedural

fairness shall be judicially reviewable. Review proceedings are governed by

the Florida Rules of Appellate Procedure. Such proceedings are commenced

by filing a Petition for Review, in accordance with Florida Rule of Appellate

Procedure 9.100, and accompanied by a filing fee prescribed by law with the

District Court of Appeal, and providing a copy of that Petition to the

Department of Health within thirty (30) days of the date this Order is filed.

11
 In le: Emergency Suspension of the License of
Gina Emmanuel, R.N.
License No.: RN 9249619
Case Number: 2019-45573

DEPARTMENT OF HEALTH REVIEW OF EMERGENCY ORDER

TO SUSPEND THE NURSING LICENSE OF
GINA EMMANUEL, R.N.; CASE NO. 2019-45573

Prepared By: Kristen Summers, Esq.

Date: November 15, 2019
Contact Number: (850) 558-9832
Special Instructions: Time sensitive Order for the State Surgeon General's
review/signature.

Reviewed By and Comments:

REVIEWER: /si' KrLstev. tvtvev-s DATE: 11/15/1

________
Kristen Summers, Esq. APPROVED
EAU SECTION MANAGER Yes/No
REVIEWER: Is! Sarah Hodges, Esg. _________
DATE: /13) V
Sarah Hodges, Esq. APROVED
APPELLATE ATTORNEY Yes/No
REVIEWER: -
DATE:
_______
______
JohiIson, Esq. APPVED
DEP,UTY GENERAL COUNSEL Yes/No
REVIEWER DATE I )/ I / (1
___________
____
Louise St. Laurent, Esq. APAROVED
GENERAL COUNSEL Yé/No

Summary: Discretionary Emergency Suspensipn Order pursuant to section 456.073(8),

Florida Statutes (2019), for a registered nurse who violated section 464018(1)(e), Florida
Statutes (2018), by engaging in acts that constitute domestic violence.

12