STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, : Vv. CASE NO. 2018-27262 MYCHELA D. ALBRITTON, 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, Mychela D. Albritton, C.N.A., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating 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 Administrative Complaint, Respondent was a certified nursing _ (C.N.A.) within the state of Florida, having been issued license number CNA 304779. 3. Respondent's address of record is 1460 East Johnson Avenue, Apartment 209, Pensacola, Florida 32514. 4. On or about April. 30, 2019, in the’ Circuit Court in and for Escambia County, Florida, Respondent entered a.plea of nolo contendere to one count of Resist Officer with Violence, a third-degree felony violation of Section 843.01, Florida Statutes (2018). 5. Section 464.204(1)(b), Florida Statutes (2018), provides intentionally violating any provision of chapter 464, chapter 456, or the rules adopted by the board, constitutes grounds for disciplinary action. 6. Section 464.018(1)(e), Florida Statutes (2018), provides that having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any _— prohibited under Section 435.04 or under any similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defi ned in Section 741.28, constitutes grounds for disciplinary action. 7. Section 435.04(2)(mm), Florida Statutes (2018), lists violations of Section 843.01, relating to resisting arrest with violence. 8. As set forth above, on or about Apri 30, 2019, Respondent entered a plea of nolo contendere to one count of Resist Officer with Department of Health v. Amanda Charles, C.N.A. 3. Case Number 2018-21342 Violence, a third-degree felony violation of Section 843.01, Florida Statutes (2018). 9, Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2018), by intentionally violating Section 464.018(1)(e), Florida Statutes (2018), by having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under Section 435.04, which prohibits violations of Section 843.01, relating to resisting arrest with violence. [Remainder of page intentionally left blank| Department of Health v. Amanda Charles, C.N.A. 3 Case Number 2018-21342 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 __10th_ day of _July , 2019. Scott A. Rivkees, MD State Surgeon General /s/ Logan A. White Logan A. White Assistant General Counsel Fla. Bar No. 112281 Prosecution Services Unit Florida Department of Health 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9913 Facsimile: (850) 245-4662 Email: logan.white@flhealth.gov FILED DEPARTMENT OF HEALTH DEPUTY CLERK PCP: July 10, 2019 CLERK: Argel Bandas PCP Members: Munoz, Paschall me SEL a. _. Department of Health v, Amanda Charles, C.N.A. 4 Case Number 2018-21342 i 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 aaa te 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. Amanda Charlies, C.N.A. : m 5 Case Number 2018-21342 .

Docket for Case No: 19-004581PL