STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2015-16904 ASHLEY D. PENNYWELL, 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 Respondent, Ashley D. Pennywell, 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 ail times material to this Complaint, Respondent was a certified nursing assistant (C.N.A.) within the state of Florida, having been issued certification number CNA 140808. 3. Respondent's address of record is 2332 37th Street South, St. Petersburg, Florida 33711. 4. | Onor about May 5, 2015, Respondent provided a urine specimen for a pre-employment drug screen ordered by St. Anthony’s Hospital, located in St. Petersburg, Florida. 5. On or about May 13, 2015, Respondent’s specimen was confirmed positive for marijuana. 6. Respondent failed to provide a lawful prescription and legitimate medical reason for using marijuana. 7. Cannabinoids are the principal psychoactive constituent of cannabis, which is also Known as marijuana. 8. Section 112.0455(5)(a), Florida Statutes (2014), provides that “Drug” means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; Opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. DOH v. Ashley D. Pennywell, C.N.A. Case number 2015-16904 9. Section 464.204(1)(b), Florida Statutes (2014), provides that intentionally violating any provision of chapter 464, chapter 456, or the rules adopted by the board, constitutes grounds for which the board may impose disciplinary sanctions. 10. Section 456.072(1)(aa), Florida Statutes (2014), subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. 11. As set forth above, Respondent tested positive for marijuana, which contains cannabinoids, a drug defined in Section 112.0455(a), Florida Statutes (2014), for which Respondent did not provide a valid prescription and legitimate medical reason for using. 12. Based upon the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2014), by intentionally violating Section 456.072(1)(aa), Florida Statutes (2014), which subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, on any confirmed preemployment or employer-ordered drug screening when DOH v. Ashley D. Pennywell, C.N.A, Case number 2015-16904 the practitioner does not have a lawful prescription and legitimate medical reason for using the 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. SIGNED this 2S day of Prugust , 2015. John H. Armstrong, MD, FACS Assistant General Counsel Fla. Bar No. 106034 Florida Department of Health 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 ex. 8125 Facsimile: (850) 245-4662 Email: Nicole.Jordan@flhealth.gov /NU PcP: S(2S](S ocean FILED PCP Members: Denkey, ForSt cueex DEPU NT OR HEALTH wey gr ‘ DOH v. Ashley D. Pennywell, C.N.A. iin ~ Case number 2015-16904 oo 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. DOH v. Ashiey D. Pennywell, C.N.A. Case number 2015-16904

Docket for Case No: 15-006784PL