STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Ve CASE NO. 2019-31522 DANYAE FULLER, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against the Respondent, Danyae Fuller, R.N., and in support thereof alleges: 1. The 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, the Respondent was a registered nurse (*R.N.”) within the state of Florida, having been issued license number RN 9239172. 3. The Respondent's address of record is 5337 2™4 Avenue North, St. Petersburg, Florida 33710. 4. On or about June 7, 2019, the Respondent submitted to a pre- employment drug screen requested by UF Health Shands Hospital in Gainesville, Florida. 5. Section 112.0455(5)(a), Florida Statutes (2018), provides that “Drug” means 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. 6. The Respondent tested positive for cocaine, a drug listed in Section 112.0455(5)(a), Florida Statutes (2017), on a confirmed pre- employment drug screen. . 7. The Respondent failed to provide a lawful prescription and/or legitimate medical reason for using cocaine. 8. Section 456.072(1)(aa), Florida Statutes (2018), subjects a licensee to discipline for testing positive for any drug, as defined In Section 112.0455, Florida Statutes (2018), on any confirmed pre-employment or 2 Department of Health v. Danyae Fuller, R.N. Case Number 2019-31522 employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. 9. As set forth above, the Respondent tested positive for cocaine on a confirmed pre-employment drug screen. The Respondent did not provide a lawful prescription for cocaine and/or did not have a legitimate medical reason for using cocaine. 10. Based on the foregoing, the Respondent has violated Section 456.072(1)(aa), Florida Statutes (2018), which subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, Florida Statutes (2018), on any confirmed pre-employment or employer- ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. [Remainder of page intentionally left blank\ Department of Health v. Danyae Fuller, R.N. Case Number 2019-31522 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 the 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 11" day of December, 2019. Scott Rivkees, M.D. State Surgeon General and Secretary of Health /s/ Adam D.G. Wright ADAM D.G. WRIGHT Assistant General Counsel Florida Bar No. 110114 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9874 Facsimile: (850) 245-4662 Email: adam.wright@fihealth.gov DEPARTMENT OF HEALTH DEPUTY CLERK . . CLERK = Angel Sanderd PCP Members: Munoz & Whitson pare DEC 1 1 2019 PCP: 12/10/2019 FILED Department of Health v. Danyae Fuller, R.N, Case Number 2019-31522 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. Department of Health v. Danyae Fuller, R.N, Case Number 2019-31522

Docket for Case No: 20-002533PL