Jan 12 2006 16:17 JAN-12-2686 16:41 AHCA P.@3 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2003-17900 ANGELA PERKINS, C.N.A., 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 Respoident, ANGELA PERKINS, C.N.A., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing assistance pursuant to Chapters 20, 456, and 464, Florida Statutes. 2. At all times material to this Complaint, Respondent was a Certified Nursing Assistant (‘C.N.A.”) in the State of Florida, having been issued cértificate number 1299000004371. Angela Perkins, C.N.A, 2003-17900 Jan 12 2006 16:17 JAN-12-2886 16:41 AHCA P.a4 3. _Respondent’s address of record is 5052 Jones Drive, Lehigh Acres, Florida 33971. 4. Qn or about June 23, 2003, Respondent submitted to a pre- employment drug screen for Medical Staffing Network (‘MSN”). 5. The pre-employment drug screen returned and was confirmed positive for Marijuana (also known as Cannabis). 6. Respondent did not have a lawful prescription and legitimate reason for using such drug. COUNT ONE 7. Petitioner realleges and incorporates paragraphs one (1) through six (6) above as if fully set forth herein. 8. Section 464.204(1)(b), Florida Statutes (2002), provides that disciplinary action can be Drought against a C.N.A, by the Board of Nursing for intentionally violating any provision of Chapter 464, Chapter 456, or the rules adopted by the Board. 9. Section 456.072(1)(z), Florida Statutes (2002), makes it a ground for disciplinary action to test positive for any drug, as defined in Section 112.0455, Florida Statutes (2002), on any confirmed pre- employment or employer-ordered drug screening when the healthcare -2- Angela Perkins, C.N.A., 2003-17900 Jan 12 2006 16:18 JAN-12-2886 16:41 AHCA P.@S practitioner does not have a lawful prescription and legitimate reason for using such drug. 10. Respondent is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2002), 11. Section 112.0455, Florida Statutes (2002), defines a drug to mean alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer rugs; or a metabolite of any of the substances listed herein. 12. Pursuant to Section 112.0455, Florida Statutes (2002), marijuana is defined as a drug as it contains cannabinoids as its active ingredient. 13. On or about June 23, 2003, Respondent tested positive for marijuana on a confirmed pre-employment drug screening and did not have a lawful prescription or legitimate medical reason for using the drug. 14. Based on the foregoing, Respondent has violated Section 464.204(1)(b), Florida Statutes (2002), by intentionally violating Section 456.072(1)(z), Florida Statutes (2002), by testing positive for a drug -3- Angela Perkins, G.N.A., 2003-17900 Jan 12 2006 16:18 JAN-12-2686 16:32 AHCA P.@6 (marijuana), as defined by Section 112.0455, Florida Statutes (2002), ona confirmed pre-employment drug screening when Respondent did not have a lawful prescription or legitimate medical reason for using the drug. COUNT TWO 15. Petitioner realleges and incorporates paragraphs one (1) through six (6) and eight (8) as if fully set forth in this count. 16. Section 464.018(1)(n), Florida Statutes (2002), makes it a violation of the Nurse Practice Act to fail to meet minimal standards of acceptable and prevailing nursing practice. 17. Rule 64B9-8.005(2)(k), Florida Adrninistrative Code (“F.A.C."), defines failing to meet minimal standards of acceptable and prevailing nursing practice to include, but not be limited to, testing positive for any drugs under Chapter 893, Florida Statutes, on any drug screen when the nurse does not have a prescription and a legitimate medical reason for using such drug. 18. Marijuana is a Schedule I controlled substance pursuant to Section 893.03(1)(c), Florida Statutes (2002). A substance in Schedule I has a high potential for abuse and has no currently accepted medical use -4- Angela Perkins, C.N_A, 2003-17900 Jan 12 2006 16:18 JAN-12-2886 16:32 AHCA Pa? in treatment in the United States and its use under medical supervision does not meet accepted safety standards. 19. Respondent failed to meet minimal standards of acceptable and prevailing nursing practice by testing positive, on or about June 23, 2003, for marijuana on a pre-employment drug screening. 20. Based on the foregoing, Respondent has violated Section 464.018(1)(b), Florida Statutes (2002), by violating Section 464.204(1)(n), Florida Statutes (2002), as defined by Rule 64B9-8.005(2)(k), F.A.C., for testing positive on a drug screen for a drug (marijuana) under Section 893.03(1)(c), Florida Statutes (2002), when Respondent did not have a prescription and a legitimate medical reason for using such drug. 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 deems appropriate. ~5- Angela Perkins, C.N.A,, 2003-17900 Jan 12 2006 16:19 JAN-12-2886 16:32 AHCA P.@8 SIGNED this 3 309 aay of yr , 200.3. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health FILED lie K. Meadows, NT OF HEALTH sistant General Counsel Dera PUTY CLERK DOH Prosecution Services Unit verahlugl Celvman 4052 Bald Cypress Way, Bin C-65 oate__t2121o3_ Tallahassee, Florida 32399-3265 Florida Bar # 0984132 (850) 414 — 8437 Telephone (850) 414 — 1991 Facsimile JKM/jkm Reviewed and approved by: L fC (initials) 4 ey, lo? (date) PCP: 4/4/05 PCP Members: 3 =~“ 5 Angela Perkins, C.N.A, 2003-17900 -6- Angela Perkins, C.N.A., 2003-17900 Jan 12 2006 16:19 JAN-12-2886 16:32 AHCA P.@9 ; 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. 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. -7- Angela Perkins, C.N.A., 2003-17900 TOTAL FP.@o

Docket for Case No: 06-000151PL