STATE OF FLORIDA we PHI: 06 _ DEPARTMENT OF HEALTH 00 JN . OW): Ww DEPARTMENT OF HEALTH yan. “ AONE RINGS Petitioner, Qo- at bt vs. Case No. 99-02976 : 2x3 CYNTHIA EVE KUCABA, 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 the Respondent, CYNTHIA EVE KUCABA, and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 20, 455, and 464, Florida Statutes, 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. oo 3. Respondent is and has been at all times material hereto, a licensed REGISTERED NURSE in the State of Florida, having been issued license number RN 1802132, 4. Respondent's last known address is 8045 SE 128th Street, Miami, Florida 33156. U Us 5S. Respondent submitted to an employer requested drug screen at the request. of Naples Community Hospital. Count I 6. Respondent's sample tested positive for Marijuana. 7. Marijuana is a controlled substance pursuant to chapter 893, Florida Statutes, 8. Respondent did not have a prescription or valid medical reason for using Marijuana. 9. Based on the foregoing, Respondent is subject to discipline pursuant to section 464.018(1)(h), Florida Statutes, by violating Rule 64B9-8.005(18), F.A.C., by testing positive for a controlled substance on a pre-employment or employer requested drug screen without a prescription or valid medical reason for using the substance. Count II 10. Respondent collected urine from a patient in Naples Community Hospital for the purpose of submitting the urine as the Respondent's urine on a drug screen requested by Naples Community Hospital. 11. - It was unprofessional conduct for Respondent to collect the urine of a patient for the purpose of submitting it as her own. 12. Based on the foregoing, Respondent is subject to discipline pursuant to section 464.018(1)(h), Florida Statutes, by failing to conform to the minimal acceptable standards of prevailing nursing practice. WHEREFORE, Petitioner respectfully request that the Board of Nursing enter an Order imposing one or more of the following penalties: Revocation or suspension of U re) Respondent's license, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, costs, and/or any other relief that the Board deems appropriate. Signed wthen Nondoe 199} Robert G. Brooks, M.D. Secretary, Department of Health BY: Nancy Snurkowski, Chie On Behalf of the Agency for Health Care Administration omey COUNSEL FO: E PETITIONER: Reginald D. Dix6n, Senior Attorney Florida Bar N : 0112925 Agency for Health Care Administration Practitioner Regulation Post Office Box 14229 Tallahassee, Florida 32317-4229 850) 414 - 8437 RDU PCP: KEVLM pom: /o/aa/¢ 7 S:\Nursing\ACs\ac-kucaba.doc riLED DEDSSTMENT OF HEALTH “ITY CLERK . cumpphaned, ew DATE Me lB 99

Docket for Case No: 00-000286