DEPARTMENT OF HEALTH,

Petitioner,

STA

BO

OF FLOR:IDA OF NURS::tNG

Final Order No. DOH-18-1718-R:,F. MQA

F • · 2011

vs.

TONY L. McGEE

Respondent.

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DOH CASE NO.: 2017-03339 DOAH CASE NO.: 18-0504PL LICENSE NO.: CNA 286629

ORDER

THIS CAUSE came before t e BOARD OF NURSING (Board) pursuant to Sections 120.569 and 120.57( ), Florida Statutes, at the properly noticed meeting on August 1-3, 2018, in Ft. Lauderdale, Florida, for the purpose of considering the dministrative Law Judge's Recommended Order (a copy of which is attached hereto as Exhibit Al in the

Assistant General Counsel. espondent was present.

Upon review of the Reco ended Order, and after a review of the complete record in this case, the Board makes the following findings and conclusions.

TO B:IFURCATE

The Department's to Bifurcate to allow additional time for determination of the amo nt of costs is granted.

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FINDINGS OF FACT

1. The findings of fact set forth in the Recommended Order are approved and adopted and inccDrporated herein by reference.

2. There is competent substantial evidence to support the findings of fact.

   CONCLUSIONS OF LAW

   
   

3. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 464, Florida Statutes.

4. The conclusions of aw set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

   PENALTY

   
   

5. Upon a complete rev ew of the record in this case, the Board determines that the recommendation of the Administrative Law Judge is ACCEPTED.

   WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:

   
   

6. Respondent is to pay fine of $50.00 within one year of the date of filing the Final Ord r.

7. The license of Tony L. McGee is placed on probation for 1 year, subject to the following conditions:

   The licensee shall not violate chapters 456 or 464, Florida Statutes, the rules promulgated pursuant thereto, any other state or federal law, rule, or regul,ation relating to the practice or the ability to practice nursing.

   
   

   The licensee must repor any change in address or telephone number, employment, employer' address or telephone number, or any arrests [or violations of prob tion or whatever impediment which may be on the license from anothe jurisdiction], in writing within 10 working days to the DOH-Compli nee Management Unit, 4052 Bald Cypress Way, Bin C76 Tallahassee, Fl rida 32399-3276, Attention: Nursing Compliance Officer.

   Whether employed as a c rtified nursing assistant or not, the licensee shall submit reports to the Nursing Compliance Officer which shall contain th licensee's name, license number, and current address; the name, address, and phone number of each current employer; and a statement by t e licensee describing his employment. This report shall besubmitted o the Nursing Compliance Officer every three (3) months in a manner s directed by the Nursing Compliance Officer.

   All current andfuture s ttings in which the licensee practices shall be promptly informed o the licensee's probationary status. Within five days of the rece'pt of this Order, the licensee shall furnish a copy to his nursi g supervisor. The supervisor must acknowledge this probation o the Nursing Compliance Officer in writing on employer letterhea within ten days. Should the licensee change employers, he must su a copy of this Order to his new nursing supervisor within days. The new employer shall acknowledge probation in wr · ting on employer letterhead to the

   
   

   Nursing Compliance Officer wi hin ten days. The licensee shall be responsible for assuring that reports from nursing supervisors will be furnished to the Nursing Com liance Officer every three (3) months. That report shall describe the licensee's work assignment, work load, level of performance, and an problems. Any report indicating an unprofessional level of pe formance shall be a violation of probation.

   If the licensee ceases o practice for 30 days or more, this probation shall be tolled until the licensee returns to the active practice of nursing. Then he probationary period will resume. Unless this Order states othe wise, any fines imposed or continuing education required must be pai or completed within the time specified and are not tolled by this provision. Employer reports are not required during the time pro ation is tolled. Working in nursing without notification to the is a violation of this Order.

   The licensee's failur to comply with the terms of this Probation Order without the p ior written consent of the Board shall be a violation of this Pro The probation shall not be terminated until the licensee has complied with all terms of probation. The failure to comp y with the terms of probation set forth above shall result in a subseq ent Uniform Complaint Form being filed by the Board with the Departm nt of Health against the Respondent's license, which may result n additional administrative fines, probationary periods, and/or suspensions being imposed against the

   
   

   Respondent's license. The lie nsee shall pay all costs necessary to

   comply with the terms of this O Such costs include, but are not limited to, the cost of prepara ion of investigative and probationary

   reports detailing the complia ce with this probation; the cost of obtaining, and analysis of, a y blood or urine specimens submitted pursuant to this Order; and adm·nistrative costs directly associated with the licensee's probation.

   The terms of this Order re effective as of the date this Order is filed with the clerk for he Department of Health. The Board office will send the license information regarding probationary terms, however, failure of the licensee to receive such information DOES NOT EXCUSE COMPLIANCE with the terms of this Order.

8. The Department is warded costs. Determination of the

amount of costs is referred to the Division of Administrative Hearings.

This Final Order shall ake effect upon being filed with the

Clerk of the Department of

ralth.

DONE AND ORDERED this -- day of           

, 2018.

D OF NURSING

Joe Exe Jod Cha'r

NOTICE OF RIGH TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFEC ED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL. REVIEW PURSUANT TO SEC ION 120. 68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED Y FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE D PARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE TH PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY { 0) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

OF SERVICE

Ibizan Court, Orlando, FL 32 E. Gray Early, Administrative Law Judge, Division of Adminis rative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tall hassee, Florida 32399-3060; and by e-mail to: Matthew Witter, Assistant General Counsel, at Matthew.witters@flhealth.gov; and Diane L. Guillemette, Assistant

this

Deputy Agency Clerk

Docket for Case No: 18-000504PL

Orders for Case No: 18-000504PL