STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, . PETITIONER, vy | CASE NO. 2017-01071 MYESHIA LESHAA LEONARD, L.P.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, Myeshia Leshaa Leonard, L.P.N., 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 licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 5226900. 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 2083 Little River Lane, Tallahassee, Florida 32311. . . ) 5. Onor about May 16, 2017, in the Circutt Court, Second Judicial Circuit, in and for Leon County, Florida, Respondent pled nolo contendere to one count of Criminal Use of Personal ID Info, a third-degree felony violation of Section 817.568(2)(a), Florida Statutes; one count of Bank Fraud, a- third-degree felony violation of Section 655.0322(6), Florida Statutes; one count of Grand Theft, a third-degree felony violation of Section 812.014(2)(c), Florida Statutes; and one count of Exploitation of an Elderly Or Disabled Adult (Less Than $20,000), a third-degree felony - violation of Section 825.103(2)(c), Florida Statutes, all crimes involving a patient. 6 6A licensed practical nurse is one of a handful of categories of licensed professionals that provide direct patient. care, in many instances, to the elderly or those with long-term infirmities, often in patient's homes or in nursing home settings. They are in a unique position to have direct Department of Health v. Myeshia Leshaa Leonard, L.P.N. 2 Case No, 2017-01071 : access to drugs, patients’ personal belongings, money, and/or financial ‘information. As such, pleading nolo contendere to Criminal Use of Personal ID Info and Bank Fraud, involving a patient, relates to the practice of, or the ability to practice, a licensed practical nurse’s profession and violates - the level of trust and confidence invested by the Legislature in these categories of licensees. COUNT ONE 7. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 8. Section 456.072(1)(c), Florida. Statutes (2016), provides that being convicted or found: guilty of, or entering a plea of guilty or -nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession, constitutes grounds for disciplinary action. 9, As set forth above, on or about May 16, 2017, and September “15, 2016, Respondent pled nolo contendere to one count of Criminal Use of Personal ID Info and to one count of Bank Fraud, both felonies of the third degree and crimes which related to the practice of Respondent's profession. Department of Health v. Myeshia Leshaa Leonard, L.P.N. 3 Case No. 2017-01071 10. Based on the foregoing, Respondent has violated Section . 456.072(1)(c), Florida Statutes (2016), being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. | - COUNT TWO 11. Petitioner realleges and incorporates paragraphs .one through five as if fully set forth herein. 12. 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. 13. 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. Department of Health v. Myeshla Leshaa Leonard, L.P.N. 4 Case No, 2017-01071 14. Section 435.04(2)(gg), Florida Statutes (2016), prohibits violations of Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony. 15. As set forth above, Respondent is a licensee and, on or about May 16, 2017, Respondent pled nolo contendere to felony violations of Chapters 812, Florida Statutes, and Section 825.103, Florida Statutes. 16. Based on the foregoing, Respondent violated 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)(gg), Florida Statutes (2016), relating to exploitation of an elderly person or disabled adult, if the offense was a felony. 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 Department of Health v. Myeshia Leshaa Leonard, L.P.N. 5 Case No. 2017-01071 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this __11 day of August , 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Lsf Justin D. Chang Justin D. Chang Assistant General Counsel Florida Bar No. 98905 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 FILED Telephone: (850) 558-9824 DEPARTMENT OF HEALTH Facsimile: (850) 245-4662 CLERK Amber Greene Email: justin.chang@flhealth.gov paTE AUG 1 4 2017 ; {IDC PCP Date: 8/11/2017 PCP Members: Stone-Gale & Ramos Department of Health v, Myeshia Leshaa Leonard, L.P.N, 6 Case No. 2017-01071 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. Myeshia Leshaa Leonard, L.P.N. 7 Case No. 2017-01071

Docket for Case No: 18-002144PL