Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: CARA MAI-YEE COOK, R. N.
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Health
Locations: St. Petersburg, Florida
Filed: Oct. 04, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 30, 2017.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2016-24446
CARA MAI-YEE COOK, R.N.,
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
Petitioner Department of Health files this Administrative Complaint
before the Board of Nursing (Board) against Cara Mai-Yee Cook, R.N., and
in support thereof alleges:
1. Petitioner is the state agency charged with regulating the
practice of registered nurses pursuant to Chapters 20.43, Florida Statutes
(2016); Chapter 456, Florida Statutes (2016); and Chapter 464, Florida
Statutes (2016).
2. At all times material to this Complaint, Respondent was licensed
to practice as a registered nurse within the State of Florida, having been
issued license number RN 9302471.
3. | Respondent's address of record is 605 Cleveland Avenue, Largo,
Florida 33770.
4. On or about December 13, 2016, Debra M. Barnett, M.D., an
expert in addiction medicine, evaluated Respondent pursuant to a
Department order. |
5. Dr. Barnett diagnosed Respondent with opioid! use disorder.
6. Dr. ‘Barnett opined that Respondent is not able to practice
nursing with reasonable skill and safety to patients.
7. Section 464.018(1)(j), Florida Statutes (2016), authorizes
discipline against a nurse who is unable to practice nursing with reasonable
skill and safety to patients by reason of illness or use of alcohol, drugs,
narcotics, or chemicals or any other type of material or as a result of any
mental or physical condition.
8. | Respondent is unable to practice nursing with reasonable skill
and safety to patients due to her opioid use disorder.
9. Based on the foregoing, Respondent violated Section
464.018(1)(j), Florida Statutes (2016), by being unable to practice nursing
with reasonable skill and safety to patients by reason of illness or use of
1 Opiate, or opioid, drugs have similar actions as the drug opium and are typically prescribed to treat
pain. Opioid drugs are synthetically manufactured, while opiate drugs are naturally occurring, but the
terms opioid and opiate are often used interchangeably. Opioid drugs are addictive and subject to abuse.
DOH v. Cara Mai-Cook, R.N. 2
DOH Case Number 2016-24446
alcohol, drugs, narcotics, or chemicals or any other type of material or as a
result of any mental or physical condition.
WHEREFORE, Petitioner respectfully requests that the Board of
Nursing enter an order imposing one or more of the following penalties:
revocation or suspension of Respondent's license, restriction of practice,
imposition of an administrative fine, issuance of a reprimand, placement of
Respondent on probation, corrective action, refund of fees billed or collected,
remedial education and/or any other relief that the Board deems appropriate.
oN
SIGNED this 241 day of Sanus , 2017.
Celeste Philip, M.D., M.P.H.
Surgeon General and
Secretary
Brynna J. Ross, Esq.
Florida Bar Number 49933
FILED
DEPARTMENT OF Assistant General Counsel
CLERK: — fingel Senders DOH Prosecution Services Unit
DATE: JAN 26 207 4052 Bald Cypress Way, Bin C-65
ne Tallahassee, FL. 32399-3265
|
(p) 850-245-4444 ext. 8102
(f) 850-245-4662
(e) Brynna.ross@flhealth.gov
PCP: January 24, 2017
PCP Members: Claydell Horne and Jody Bryant-Newman
DOH v, Cara Mai-Cook, R.N. 3
DOH Case Number 2016-24446
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 pursuant to 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. Cara Mai-Cook, R.N. 4
DOH Case Number 2016-24446
Docket for Case No: 17-005509PL
Issue Date |
Proceedings |
Oct. 30, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 30, 2017 |
Joint Motion to Relinquish Jurisdiction filed.
|
Oct. 10, 2017 |
Order of Pre-hearing Instructions.
|
Oct. 10, 2017 |
Notice of Hearing by Video Teleconference (hearing set for November 30, 2017; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
|
Oct. 10, 2017 |
Response to Initial Order filed.
|
Oct. 05, 2017 |
Notice of Filing Petitioner's First Request for Admissions, Petitioner's First Set of Interrogatories, and First Request for Production filed.
|
Oct. 05, 2017 |
Initial Order.
|
Oct. 04, 2017 |
Administrative Complaint filed.
|
Oct. 04, 2017 |
Agency referral filed.
|
Oct. 04, 2017 |
Amended Election of Rights filed.
|