Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: TAMESA GILMORE, C.N.A
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Health
Locations: Sarasota, Florida
Filed: May 01, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 22, 2017.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2015-28897
TAMESA GILMORE, 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, Tamesa Gilmore, 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 Administrative Complaint,
Respondent was a certified nursing assistant (C.N.A.) within the State of
Florida, having been issued certification number CNA 178583.
35 Respondent is licensed pursuant to Chapter 464, Florida
Statutes, and is a health care practitioner as defined in Section 456.001(4),
Florida Statutes.
4, Respondent’s address of record is 2330 Mango Avenue,
Sarasota, Florida 34234.
5. Onorabout June 6, 2013, in the County Court in and for Broward
County, Florida, Respondent entered a plea of no contest to Possession of
Cannabis Less than 20 Grams, a first-degree misdemeanor in violation of
Section 893.13(6)(b), Florida Statutes.
6. Accertified nursing assistant is one of a handful of categories of
licensed professionals that provides direct patient care, in many instances,
to minors, the elderly or those with long-term infirmities, often in patients’
homes or in nursing home settings. As such, entering a plea of no contest
to possession of cannabis, relates to the practice of, or the ability to practice,
nursing assistance and violates the level of trust and confidence invested by
the Legislature in these categories of licensees.
7. Section 464.204(1)(b), Florida Statutes (2012), provides that
intentionally violating any provision of Chapter 464, Chapter 456, or the rules
2
Department of Health v. Tamesa Gilmore, C.N.A.
Case Number: 2015-28897
adopted by the board, constitutes grounds for which the board may impose
disciplinary sanctions.
8. Section 456.072(1)(c), Florida Statutes (2012), provides that
being convicted or found guilty of, or entering a plea of guilty or nolo
contendere to, regardless of adjudication, a crime in any jurisdiction which
relates to the practice of, or the ability to practice, a licensee’s profession,
constitutes grounds for disciplinary action.
9. Asset forth above, on or about June 6, 2013, in the County Court
in and for Broward County, Florida, Respondent entered a plea of no contest
to Possession of Cannabis Less than 20 Grams, a first-degree misdemeanor
in violation of Section 893.13(6)(b), Florida Statutes, which relates to the
Respondent's profession or the ability to ability to perform the Respondent's
profession.
10. Based on the foregoing, Respondent violated Section
464.204(1)(b), Florida Statutes (2012), by intentionally violating Section
456.072(1)(c), Florida Statutes (2012), for being convicted or found guilty
of, or entering a plea of guilty or nolo contendere to, regardless of
Department of Health v. Tamesa Gilmore, C.N.A.
Case Number: 2015-28897
adjudication, a crime in any jurisdiction which relates to the practice of, or
the ability to practice, a licensee’s profession.
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.
{Remainder of page intentionally left blank}
Department of Health v. Tamesa Gilmore, C.N.A.
Case Number: 2015-28897
SIGNED this 24 day of Puauest , 2016.
Celeste Philip, M.D., M.P.H.
Surgeon General and Secretary
Natalia S. Thomas
Assistant General Counsel
Florida Bar Number 83826
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
Telephone: (850) 245-4640
Facsimile: (850) 2454662 ;
Email: natalia.thomas@flhealth.gov
{NST
pee: = &|2|No
PCP Members: (Colin 4 Huldoara
FILED
Department Of Health
Deputy Clerk
CLERK = Aregel Sanders
DATE AUG 24206
Department of Health v. Tamesa Gilmore, C.N.A.
Case Number: 2015-28897
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.
Department of Health v, Tamesa Gilmore, C.N.A,
Case Number: 2015-28897
Docket for Case No: 17-002561PL
Issue Date |
Proceedings |
Jun. 22, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Jun. 21, 2017 |
Joint Motion to Relinquish Jurisdiction filed.
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Jun. 19, 2017 |
Notice of Taking Telephonic Deposition of Witness In Lieu of Live Testimony filed.
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Jun. 15, 2017 |
Motion to Take Telephonic Deposition of Witness in Lieu of Live Testimony filed.
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May 16, 2017 |
Order of Pre-hearing Instructions.
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May 16, 2017 |
Notice of Hearing by Video Teleconference (hearing set for July 7, 2017; 9:30 a.m.; Sarasota and Tallahassee, FL).
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May 16, 2017 |
Notice of Appearance (Judson Searcy) filed.
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May 10, 2017 |
Petitioner's Unilateral Response to Initial Order filed.
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May 03, 2017 |
Initial Order.
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May 03, 2017 |
Notice of Serving Petitioner's First Request for Admissions, First Request for Production, and First Set of Interrogatories filed.
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May 01, 2017 |
Election of Rights filed.
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May 01, 2017 |
Administrative Complaint filed.
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May 01, 2017 |
Agency referral filed.
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