STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. , CASE NO. 2017-15995 TERRENCE L. SHUFORD, L.P.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against the Respondent, Terrence L. Shuford, L.P.N., and in support thereof alleges: 1. The 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, the Respondent was a licensed nurse practitioner (L.P.N.) within the state of Florida, having been issued license number PN 888081. 3. The Respondent’s address of record is 116 North Palmetto Avenue, Suite A, Flagler Beach, Florida 32136. 4. | The Respondent may also be found at 6881 Avenue D, Saint Augustine, Florida 32080. 5. At all times material to this Administrative Complaint, the Respondent was employed as a licensed practical nurse by The Gardens Health and Rehab Center (“The Gardens”). 6. Atall times material to this Administrative Complaint, Patient T.T. was a fifty-eight (58) year old female patient of The Gardens. 7. On or about September 4, 2017, Patient T.T. approached a nursing station at The Gardens in a wheelchair, demanding cigarettes. 8. The Respondent was nearby the nursing station when Patient T.T. then knocked over a computer monitor at the nursing station. 9. The Respondent then walked to the nursing station and, in substance, stated to Patient T.T., “Alright, I’ve had enough of your shit.” 10. The Respondent then pulled Patient T.T. away from the nursing station in her wheelchair. 11. Atthis time, Patient T.T. reached backwards and began punching at the Respondent. Department of Health v. Terrence L. Shuford, L.P.N., 2 Case Number 2017-15995 12. As Patient T.T. punched at the Respondent, the Respondent grabbed and held Patient T.T.’s arm. 13. When the Respondent held Patient T.T.’s arm, Patient T.T. fell out of the wheelchair and onto the floor. 14. The Respondent then proceeded to take the wheelchair away from Patient T.T., leaving Patient T.T. on the floor. 15. The Respondent then, in substance, stated to Patient T.T., “Get up and walk.” 16. Patient T.T., in substance, replied, “I can’t, I don’t have my leg braces on.” The Respondent, in substance, replied, “Well then crawl like a fucking dog.” 17. Section 464.018(1)(h), Florida Statutes (2017), provides that unprofessional conduct as defined by board rule constitutes grounds for disciplinary action. 18. Rule 64B9-8.005(14), Florida Administrative Code, provides that unprofessional conduct includes using abusive, threatening or foul language in front of a patient or directing such language toward a patient. Department of Health v. Terrence L. Shuford, L.P.N., 3 Case Number 2017-15995 : 19. As set forth above, the Respondent engaged in unprofessional conduct by using abusive, threatening or foul language in front of and/or directed toward Patient T.T. 20. Based. on the foregoing, the Respondent violated Section 464.018(1)(h), Florida Statutes (2017), by engaging in unprofessional conduct as defined by Rule 64B9-8.005(14), Florida Administrative Code, to include using abusive, threatening or foul language in front of a patient or directing such language toward a patient. [Remainder of page intentionally left blank) Department of Health v. Terrence L. Shuford, L.P.N., 4 Case Number 2017-15995 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 the 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. SIGNED this 9 day of April, 2018. PCP: 4/9/2018 PCP Members: Horne, Newman Celeste Philip, M.D., M.P.H. State Surgeon General and Secretary of Health s/ Adam _D.G. Wright ADAM D.G. WRIGHT Assistant General Counsel Florida Bar No. 110114 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9874 Facsimile: (850) 245-4662 Email: adam.wright@flhealth.gov FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE APR 1 0 2018 Department of Health v. Terrence L. Shuford, L.P.N., 5 Case Number 2017-15995 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. Terrence L. Shuford, L.P.N., 6 Case Number 2017-15995

Docket for Case No: 18-003124PL