STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-24446 CARA MAI-YEE COOK, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Nursing (Board) against Cara Mai-Yee Cook, R.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of registered nurses pursuant to Chapters 20.43, Florida Statutes (2016); Chapter 456, Florida Statutes (2016); and Chapter 464, Florida Statutes (2016). 2. At all times material to this Complaint, Respondent was licensed to practice as a registered nurse within the State of Florida, having been issued license number RN 9302471. 3. | Respondent's address of record is 605 Cleveland Avenue, Largo, Florida 33770. 4. On or about December 13, 2016, Debra M. Barnett, M.D., an expert in addiction medicine, evaluated Respondent pursuant to a Department order. | 5. Dr. Barnett diagnosed Respondent with opioid! use disorder. 6. Dr. ‘Barnett opined that Respondent is not able to practice nursing with reasonable skill and safety to patients. 7. Section 464.018(1)(j), Florida Statutes (2016), authorizes discipline against a nurse who is unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. 8. | Respondent is unable to practice nursing with reasonable skill and safety to patients due to her opioid use disorder. 9. Based on the foregoing, Respondent violated Section 464.018(1)(j), Florida Statutes (2016), by being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of 1 Opiate, or opioid, drugs have similar actions as the drug opium and are typically prescribed to treat pain. Opioid drugs are synthetically manufactured, while opiate drugs are naturally occurring, but the terms opioid and opiate are often used interchangeably. Opioid drugs are addictive and subject to abuse. DOH v. Cara Mai-Cook, R.N. 2 DOH Case Number 2016-24446 alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. WHEREFORE, Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. oN SIGNED this 241 day of Sanus , 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Brynna J. Ross, Esq. Florida Bar Number 49933 FILED DEPARTMENT OF Assistant General Counsel CLERK: — fingel Senders DOH Prosecution Services Unit DATE: JAN 26 207 4052 Bald Cypress Way, Bin C-65 ne Tallahassee, FL. 32399-3265 | (p) 850-245-4444 ext. 8102 (f) 850-245-4662 (e) Brynna.ross@flhealth.gov PCP: January 24, 2017 PCP Members: Claydell Horne and Jody Bryant-Newman DOH v, Cara Mai-Cook, R.N. 3 DOH Case Number 2016-24446 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 pursuant to 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. Cara Mai-Cook, R.N. 4 DOH Case Number 2016-24446

Docket for Case No: 17-005509PL