STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. Case No.: 2015-31329 GAVIN LEVAR GRAY, L.P.N., 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, Gavin Levar Gray, L.P.N., 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 Complaint, Respondent was a licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 5219333. 3. | Respondent’s address of record is 14820 Triangle Bay Drive, Apartment # 1108, Naples, Florida 34119. 4. On December 31, 2015, in the County Court for the Twentieth Judicial Circuit, in and for Collier County, Florida in case no. 15-002909MM- (MC), Respondent was charged with one count of Possession of Marijuana Not More Than 20 Grams, a first degree misdemeanor, in violation of Section 893.13(6)(b), Florida Statutes. 5. On January 6, 2016, in the County Court for the Twentieth Judicial Circuit, in and for Collier County, Florida, in case no. 15-002909MM- (MC), Respondent entered a plea of no contest to Possession of Marijuana Not More Than 20 Grams, a first degree misdemeanor, in violation of Section 893.13(6)(b), Florida Statutes. 6. Practical nurses often have access to patients’ medications and finances as part of their duties. Respondent’s plea of no contest to Possession of Marijuana Not More Than 20 Grams relates to the practice of, or the ability to practice Respondent's profession: nursing. 7. Section 456.072(1)(c), Florida Statutes (2015), provides that being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of a licensee's profession, or to the ability to practice a licensee's profession, constitutes grounds for disciplinary action. DOH v. Gavin Gray, L.P.N. 2 Case No. 2015-31329 8. Asset forth above, on January 6, 2016, in the County Court for Twentieth Judicial Circuit, in and for Collier County, Florida, Respondent entered a plea of no contest to one count of Possession of Marijuana Not More Than 20 Grams, a crime that relates to the practice of, or the ability to practice his profession: nursing. 9. Based on the foregoing, Respondent violated Section 456.072(1)(c), Florida Statutes (2015), by 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. WHEREFORE, 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. DOH v. Gavin Gray, L.P.N. 3 Case No. 2015-31329 SIGNED this _| 4+~day of Pew , 2016. John H. Armstrong, MD, FACS Surgeon General and Secretary of Health FILED Wes Lc [= Department Of Health Mary S. Miller Deputy Clerk Assistant General Counsel CLERK DATE ary a Fla. Bar No. 0780420 : Office of the General Counsel 4052 Bald Cypress Way, Bin C#65 Tallahassee, Florida 32399-3265 Telephone (850) 245 — 4444, ext. 8104 Facsimile (850) 245 ~ 4662 Mary. Miller2@flhealth.gov PCP: F,Zolle . PCP Members? Teds /MSM DOH v. Gavin Gray, L.P.N. Case No. 2015-31329 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. Gavin Gray, L.P.N. 5 Case No. 2015-31329

Docket for Case No: 20-000643PL