STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-19065 KASSANDRA L. RODRIGUEZ, C.N.A., 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, Kassandra L. Rodriguez, C.N.A., 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 certified nursing assistant (C.N.A.) within the state of Florida, having been issued certificate number CNA 346095. 3. The Respondent's address of record is 7201 Fairford Place, Tampa, Florida 33634. 4. | Onor about November 5, 2018, the Respondent entered into a Monitoring Contract with the Intervention Project for Nurses (“IPN”). 5. IPN is the impaired nurses program for the Board of Nursing, designated pursuant to Section 456.076, Florida Statutes. IPN is a program that monitors the evaluation, care, and treatment of impaired nurses. IPN also provides for the exchange of information between treatment providers and the Department for the protection of the public. 6. |The Monitoring Contract had a projected active monitoring period from on or about October 9, 2018, through on or about October 8, 2020. 7. | Onor about May 23, 2019, IPN terminated the Respondent from IPN due to noncompliance, without good cause, with the terms of the Respondent's Monitoring Contract. 8. Section 464.204(1)(b), Florida Statutes (2018), provides that intentionally violating any provision of chapter 464, chapter 456, or the rules adopted by the board constitutes grounds for disciplinary action. Department of Health v. Kassandra L. Rodriguez, C.N.A. 2 Case Number 2019-19065 9. Section 456.072(1)(hh), Florida Statutes (2018), provides that being terminated from a treatment program for impaired practitioners, which iS overseen by an impaired practitioner consultant as described in Section 456.076, Florida Statutes (2018), for failure to comply, without good cause, with the 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. 10. As set forth above, on or about May 23, 2019, IPN terminated Respondent from IPN due to noncompliance, without good cause, with the terms of Respondent's Monitoring Agreement. 11. Based on the foregoing, the Respondent violated Section 464.204(1)(b), Florida Statutes (2018), by intentionally violating Section 456.072(1)(hh), Florida Statutes (2018), by being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, Florida Statutes (2017), for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program. Department of Health v. Kassandra L. Rodriguez, C.N.A. 3 Case Number 2019-19065 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 13" day of April, 2020. Scott Rivkees, M.D. DEPARTS Ce HEALTH State Surgeon General and Secretary of Health DEPUTY CLERK CLERK: Amanda Morales pate: 04/14/2020 /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@flhealth.gov PCP: 4/13/2020 PCP Members: Ramos & Baumwald Department of Health v. Kassandra L. Rodriguez, C.N.A. 4 Case Number 2019-19065 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. Kassandra L. Rodriguez, C.N.A. 5 Case Number 2019-19065

Docket for Case No: 20-003817PL