STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. , CASE NO. 2016-07468 DAVID E. CHARLES, 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, David E. Charles, 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.295568. 3. 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 491 S.W. 70" Way, Apt. 229, Gainesville, Florida 32607. 5. .On or about December 22, 2015, Respondent was required to submit to a pre-employment drug screen by UF Health. 6. On or about December 22, 2015, Respondent provided a urine specimen for use in the drug screen. 7. Onor about December 28, 2015, the drug screen confirmed the presence of marijuana in Respondent's urine specimen. — 8. Marijuana is also known as cannabis. Cannabinoids are naturally occurring compounds found in cannabis. According to Section 893.03(1), Florida Statutes, cannabis is a Schedule I controlled substance that has a high potential for abuse and has no currently accepted medical use in treatment in Florida. The term does not include “low-THC cannabis,” as defined in Section 381.986, Florida Statutes, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed in conformance with Section 381.986, Florida Statutes. Department of Health v. David &. Charles, C.N.A. 2 Case Number 2016-07468 9. Respondent has not provided a prescription and legitimate medical reason for using marijuana. 10. Section 464.204(1)(b), Florida Statutes (2015), provides that intentionally violating any provision of Chapter 464, Chapter 456, or the rules adopted by the board, constitutes grounds for disciplinary action. 11. Section 456.072(1)(aa), Florida Statutes (2015), provides that testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug, constitutes grounds for disciplinary action. 12. Section 112.0455(5)(a), Florida Statutes, defines drugs as alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. 13. As set forth above, Respondent tested positive for marijuana, a drug defined in Section 112.0455(5)(a), Florida Statutes, for which Department of Health v. David €. Charles, C.N.A. 3 Case Number 2016-07468 Respondent did not have a prescription and a legitimate medical reason for using. 14. Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2015), by intentionally violating Section 456.072(1)(aa), Florida Statutes (2015), by testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer- ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. 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. Department of Health v. David E. Charles, C.N.A. . 4 Case Number 2016-07468 SIGNED this_]7” day of ML , 2016. FILED Department Of Health Deputy Clerk CLERK Angel Sanders DATE MAY 1 8 2016 /NST PCP Date: J I7/ilp Celeste Philip, MD, MPH Interim State Surgeon General Natalia S. Thomas Assistant General Counsel Florida Bar No. 83826 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4640 Facsimile: (850) 245-4662 Email: Natalia. Thomas@flhealth.gov PCP Members: Tryoulekt ¢ Whitom Department of Health v. David E. Charles, C.N.A. Case Number 2016-07468 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 cal! 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. David £, Charles, C.N.A. 6 Case Number 2016-07468

Docket for Case No: 20-002475PL