STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-05334 MARLON KEVIN CHARLES, 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, Marlon Kevin Charles, 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 9338311. 3. | Respondent's address of record is 107 Summit Street, Rossville, Georgia 30741. 4. The Tennessee Board of Nursing is the licensing authority for registered nurses in the state of Tennessee. 5. | Onor about February 14, 2018, the Tennessee Board of Nursing entered an Agreed Order, suspending Respondent's Tennessee registered nursing license until Respondent receives a recommendation of return to practice and signs a monitoring agreement with the Tennessee Professional Assistance Program. , 6. Section 464.018(1)(b), Florida Statutes (2017), provides that having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country, constitutes grounds for disciplinary action. 7. Asset forth above, Respondent had a license to practice nursing revoked, suspended, or otherwise acted against, by the licensing authority of another state, territory, or country, when the Tennessee Board of Nursing entered an Agreed Order, suspending Respondent's Tennessee registered nursing license until Respondent receives a recommendation of return to Department of Health v. Marlon Kevin Charles, R.N. Case Number 2018-05334 practice and signs a monitoring agreement with the Tennessee Professional Assistance Program, on or about February 14, 2018. 8. Based on the foregoing, Respondent violated Section 464.018(1)(b), Florida Statutes (2017), by having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. [Remainder of page intentionally left blank] Department of Health v. Marlon Kevin Charles, R.N. Case Number 2018-05334 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 SIGNED this _12th_ day of July , 2018. Celeste Philip, MD, MPH State Surgeon General and Secretary ‘s/ Logan A. White LOGAN A. WHITE Assistant General Counsel Fla. Bar No. 112281 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 FILED Telephone: (850) 558-9913 cee ADEPUTY CLERK Facsimile: (850) 245-4662 DATE. JUL 13. 2078 Email: logan,white@flhealth.gov PCP: 7/12/18 PCP Members: Stone-Gale, Whitson Department of Health v. Marlon Kevin Charles, R.N. Case Number 2018-05334 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. Marion Kevin Charles, R.N. Case Number 2018-05334

Docket for Case No: 19-002095PL