STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-22301 EMILEE NOELLE NELSON, C.N.A., 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, Emilee Noelle Nelson, C.N.A., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing assistance 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 certified nursing assistant (C.N.A.) within the state of Florida, having been issued license number CNA 298678. 3. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2016). 4. Respondent’s address of record is 8206 Verdura Street, Navarre, Florida 32566. 5. Respondent may also be found at Santa Rosa County Jail, c/o Emilee Noelle Nelson, DC#: P57541, P.O. Box 7129, Milton, Florida 32572. 6. Onor about October 13, 2016, in the First Judicial Circuit Court, in and for Santa Rosa County, Florida, Respondent pled nolo contendere to one count of Grand Theft ($300 Or More But Less Than $5,000), a third- degree felony violation of Section 812.014(2)(c)(1), Florida Statutes; and to one count of Possession of a Controlled Substance Without a Prescription, a third-degree felony violation of Section 893.13(6)(a), Florida Statutes. 7. Section 464.204(1)(b), Florida Statutes (2016), provides that intentionally violating any provision of chapter 464, chapter 456, or the rules adopted by the board constitutes grounds for which the board may impose disciplinary sanctions. Department of Health v. Emilee Noelle Nelson, C.N.A. 2 Case No, 2016-22301 8. Section 464.018(1)(e), Florida Statutes (2016), subjects a licensee to disciplinary action for having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under Section 435.04 or similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in Section 741.28. 9. Section 435.04(2)(cc), Florida Statutes (2016), prohibits violations of Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony. 10. Section 435.04(2)(ss), Florida Statues (2016), prohibits offenses under Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor. 11. As set forth above, Respondent is licensed pursuant to Chapter 464, Florida Statutes, and on or about October 13, 2016, Respondent pled nolo contendere to felony violations of Chapters 812 and 893, Florida Statutes. 12. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2016), intentionally violating any provision Department of Health v. Emilee Noelle Nelson, C.N.A. 3 Case No. 2016-22301 of chapter 464, chapter 456, or the rules adopted by the board, by intentionally violating Section 464.018(1)(e), Florida Statutes (2016), by having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under Section 435.04 or similar statute of another jurisdiction; such as Section 435.04(2)(cc), Florida Statutes (2016), relating to theft, robbery, and related crimes, if the offense is a felony, and Section 435.04(2)(ss), Florida Statues (2016), relating to drug abuse prevention and control. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing 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. [This Space Left Intentionally Blank] Department of Health v. Emilee Noelle Nelson, C.N.A. 4 Case No. 2016-22301 SIGNED this [3 day of Decembe ¢ _, 2016. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Justin D. Chang : Assistant General Counsel FILED Florida Bar No. 98905 DEPARTMENT OF HEALTH Florida Department of Health DEPUTY CLERK Office of the General Counsel CLERK: role fheonarcl, 4052 Bald Cypress Way, Bin C-65 1a: | cf { Tallahassee, FL 32399-3265 DATE : Telephone: (850) 245-4640 ext. 8108 Facsimile: (850) 245-4662 Email: justin.chang@flhealth.gov /IDC PCP Date: 12.713 /20lo PCP Members: 1 jew pron, 5 Coarhon Department of Health v. Emilee Noelle Nelson, C.N.A. Case No. 2016-22301 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. 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. Department of Health v. Emilee Noelle Nelson, C.N.A. 6 Case No. 2016-22301

Docket for Case No: 17-000565PL