Sep 16 2008 12:08 SEP-16-2088 12:43 AHCA P.@3/88 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve CASE NUMBER 2006-09565 JAMES THOMAS CHERRY, R.N., RESPONDENT. a 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, James Thomas Cherry, R.N., and in support thereof alleges: | 1. Petitioner is the state department charged with requlating 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 Complaint, Respondent was a Registered Nurse (R.N.) within the state of Florida, having been issued license number RN 3154592. r Department of Health v. JAMES THOMAS CHERRY, RN Case Number 2006-09565 JAPSU\Nursing\Brandy\ACs\Discipline in another State\Cherry05-09565RN.doc 1 Sep 16 2008 12:08 SEP-16-2088 12:44 AHCA P.@4/88 3. Respondent's address of record is 1312 Robinhood Forest Drive, Pfafftown, North Carolina 27040. 4, On or about January 17, 2006, the North Carolina Board of Nursing accepted a Voluntary Surrender of Respondent's license to practice nursing in the state of North Carolina for failure to comply with drug treatment program. 5. The North Carolina Board of Nursing is the nursing licensing authority for the state of North Carolina. 6. Section 464.018(1)(b), Florida Statutes (2005), provides that having a license to practice acted against by the licensing authority of another state, constitutes grounds for disciplinary action by the Board of Nursing. 7. The North Carolina Board of Nursing acted against the Respondent's license by accepting a Voluntary Surrender of Respondent's license on January 17, 2006. 8. Based upon the foregoing, Respondent has violated Section 464.018(1)(b), Florida Statutes (2005), by having her license to practice acted against by the licensing authority of another state. Department of Health v. JAMES THOMAS CHERRY, RN Case Number 2006-09565 JAPSU\Nursing\Brandy\ACs\Discipline in another State\Cherry05-09565RN.doo 2 Sep 16 2008 12:09 SEP-16-2088 12:44 AHCA P.@5/88 WHEREFORE, Petitioner 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. SIGNED this _|¢ = day of November , 2006. M. Rony Frangois, M.D., M.S.P.H., Ph.D, DEPARTMENT OF dEALTH Assistant General Counsel QLERK: Agia: DOH Prosecution Services Unit DATE 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0421080 (850) 245-4640 (850) 245-4683 _..WM/bbr pepe: IES 2006. PCP Members: “ Ln. @ \ALWNe & Department of Health v. JAMES THOMAS CHERRY, RN Case Number 2006-09565 : J:APSU\Nursing\Brandy\ACs\Discipline in another State\Cherry05-09565RN.doc 3 Sep 16 2008 12:09 SEP-16-2088 12:44 AHCA P.@6/88 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. Department of Health v. JAMES THOMAS CHERRY, RN Case Number 2006-09565 JAPSU\Nursing\Brandy\ACs\Discipline in another State\Cherry05-09565RN.doc 4

Docket for Case No: 08-004500PL