STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-08840 JAMES JERNIGAN, P.T.A., RESPONDENT. ___ Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Physical Therapy Practice (“Board”) against, James Jernigan, P.T.A., and in support thereof alleges: 1. Petitioner is the state department charged with regulating” the practice of physical therapy pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 486, Florida Statutes, 2. At all times material to this Complaint, Respondent was a licensed physical therapist assistant within the state of Florida, having been issued license number PTA 20922 on or about July 5, 2007. 3. Respondent's address of record is 2803 Hawks Landing Boulevard, Panama City, Florida 32405. 4. Onor about August 13, 2015, Respondent entered into a five-year Substance Use Disorder Monitoring Contract (‘Monitoring Contract”) for treatment and monitoring with the Professionals Resource Network (PRN). 5. PRN is a treatment and monitoring program for impaired practitioners in the state of Florida. 6. On or about September 18, 2015, Respondent tested positive for alcohol and methamphetamine, 7. Respondent entered into residential treatment and was transitioned into an intensive outpatient treatment program (IOP) in late November 2015. 8. On or about December 23, 2015, Respondent tested positive for alcohol. 9. On or about January 6, 2016, Respondent again tested positive for alcohol. DOH v, James Jernigan, P.T.A, 2 Case No.; 2016-08840 10. Based on these positive test results, PRN required Respondent to withdraw from practice, but Respondent refused to do so. 11. On or about January 19, 2016, Respondent did not show up for testing. 12. After this, Respondent stopped checking in for testing, stopped attending his IOP, and stopped responding to PRN. 13. On or about February 12, 2016, Respondent was terminated from participation in PRN's treatment program based on his failure to comply with PRN‘s requirements. 14. Respondent has not demonstrated good cause for his failure to comply with PRN‘s recommendations. 15. Section 486.125(1)(k), Florida Statutes (2015), provides that violating any provision of this Chapter or Chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action. 16. Section 456.072(1)(hh), Florida Statutes (2015), provides that being terminated from a treatment program for impaired practitioners for failure to comply, without good cause, with the DOH ¥., James Jernigan, P.T.A. 3 Gase No.: 2016-08840 terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program constitutes grounds for disciplinary action. 17, Respondent was terminated from the PRN treatment program for impaired practitioners because he failed to comply with his monitoring contract without good cause. 18. Based on the foregoing, Respondent violated Section 486.125(1)(k), Florida Statutes (2015), through a violation of Section 456.072(1)(hh), Florida Statutes (2015). WHEREFORE, Petitioner respectfully requests that the Board of Physical Therapy Practice 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. DOH v. James Jernigan, P.T.A. 4 Case No,; 2016-08840 : SIGNED this 20° day of _ J une , 2017. Celeste Philip, MD, MPH Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 FILED "Tallahassee, Florida 32399-3265 DEPART NENT ne (850) 245-4640, ext. 8178 ok (850) 245-4684 (fax) cunt: Oral? Contty- pare RO: BOVE PCP: 6/20/17 PCP Members: Dr. Petraglia, Ms. Watson, and Mr. Kuhns DOH v. James Jernigan, P.T.A. 5 Case No.; 2016-08840 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 falls to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right te 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 vy. James Jernigan, P.T.A. 6 Case No.; 2016-08840

Docket for Case No: 19-003998PL