STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2019-35221 SHATERIKA C. TUCK, C.N.A., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Shaterika C. Tuck, C.N.A., 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 Complaint, Respondent was a certified nursing assistant (C.N.A.) within the state of Florida, having been issued certificate number CNA 378138. 3. | Respondent’s address of record is 24801 SW 130 Avenue, Apartment 221, Homestead, Florida 33032. 4. On or about June 10, 2019, Respondent submitted to a pre- employment urinalysis drug test for employment with Baptist Health South Florida. 5. Section 112.0455(5)(a), Florida Statutes (2018), provides that “Drug” means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. 6. On or about June 17, 2019, Respondent tested positive for marijuana (cannabis), a drug listed in section 112.0455(5)(a), on a pre- employment drug screen that was confirmed by laboratory testing. 7. According to Section 893.03(1), Florida Statutes, cannabis is a Schedule I controlled substance that has a high potential for abuse and has no currently accepted medical use in treatment in Florida. The term does not include “low-THC cannabis” or medical marijuana, as defined in section 381.986, Florida Statutes, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Section 381.986, Florida Statutes. 8. Respondent failed to provide a lawful prescription and legitimate medical reason for using cannabis. 9. Section 464.204(1)(b), Florida Statutes (2018), provides that intentionally violating any provision of chapter 464, chapter 456, or the rules adopted by the board, constitutes grounds for disciplinary action. 10. Section 456.072(1)(aa), Florida Statutes (2018), subjects a licensee to discipline for testing positive for any drug, as defined in section 112.0455, on any confirmed pre-employment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. 11. Asset forth above, Respondent tested positive for cannabis on a laboratory confirmed pre-employment urinalysis drug screen. Respondent did not provide a lawful prescription for cannabis, and Respondent did not have a legitimate medical reason for using cannabis. 12. Based on the foregoing, Respondent violated Section 464.204(1)(b), for intentionally violating Section 456.072(1)(aa), which subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, on any confirmed pre-employment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. WHEREFORE, 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 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] SIGNED this__ 29th __ day of April , 2020. Scott A. Rivkees, MD State Surgeon General [al Philip A. Crawford Philip A. Crawford Assistant General Counsel DOH Prosecution Services Unit FILED DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 DEPUTY CLERK Tallahassee, Florida 32399-3265 CLERK: Bridget Conn Florida Bar Number 91378 pare: APR 3 0 (850) 558-9829 Telephone (850) 245-4662 Facsimile Email: Philip.Crawford@flhealth.gov /PAC PCP: April 29, 2020 PCP Members: McDonough & Bryant-Newman 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.

Docket for Case No: 20-003822PL