STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2017-18497 EDWIN MENDEZ LAGUNA, 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, Edwin Mendez Laguna, 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 (R.N.) within the state of Florida, having been issued license number RN 9414862. 3. Respondent’s address of record is 7749 Normandy Boulevard #145-242, Jacksonville, Florida 32221. 4. Respondent may be located at 9117 Hatian Way, Jacksonville, Florida 32221. 5. | Onor about October 11, 2017, in the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, Respondent pled guilty to one count of Possession of a Controlled Substance, a third-degree felony, in violation of Section 893.13(6)(a), Florida Statutes. 6. Section 464.018(1)(e), Florida Statutes (2017), provides that having been found guilty of, regardless of adjudication, or having entered a plea of nolo contendere or guilty to, any offense prohibited under Section 435.04, Florida Statutes (2017), or similar statute of another jurisdiction, constitutes grounds for disciplinary action. 7. Section 435.04(2)(ss), Florida Statutes (2017), includes having been found guilty of, regardless of adjudication, or having entered a plea of nolo contendere or guilty to, an offense pursuant to Chapter 893, Florida. Statutes, 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. Department of Health v. Edwin Mendez Laguna, R.N. 2 Case Number 2017-18497 8. On or about October 11, 2017, in the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, Respondent pled guilty to one count of Possession of a Controlled Substance, a third-degree felony, in violation of Section 893.13(6)(a), Florida Statutes. 9. Based on the foregoing, Respondent violated Section 464.018(1)(e), Florida Statutes (2017), by being found guilty of, regardless of adjudication, or entering a plea of nolo contendere or guilty to, an offense prohibited under Section 435.04, Florida Statutes (2017), or similar statute of another jurisdiction. 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. [Signature Page Follows] Department of Health v. Edwin Mendez Laguna, R.N. 3 Case Number 2017-18497 SIGNED this 21% day of November, 2017. Celeste Philip, MD, MPH State Surgeon General and Secretary fbb Susan K. Bodner Assistant General Counsel Florida Bar No. 85737 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9817 FILED Facsimile: (850) 245-4662 DEPARTMENT OF HEALTH Email: Susan.Bodner@flhealth.gov DEPUTY CLERK CLERK Amber Greene DATE NOV 2 1 2017 /SKB PCP: November 21, 2017 PCP Members: Horne & Bryant Newman Department of Health v. Edwin Mendez Laguna, R.N. Case Number 2017-18497 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. Edwin Mendez Laguna, R.N. 5 Case Number 2017-18497

Docket for Case No: 18-000471PL