Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: SHATERIKA C. TUCK, C.N.A.
Judges: MARY LI CREASY
Agency: Department of Health
Locations: Miami, Florida
Filed: Aug. 21, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 23, 2020.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NO. 2019-35221
SHATERIKA C. TUCK, C.N.A.,
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health (Department), by and
through its undersigned counsel, and files this Administrative Complaint
before the Board of Nursing against Respondent, Shaterika C. Tuck, 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 Complaint, Respondent was a
certified nursing assistant (C.N.A.) within the state of Florida, having been
issued certificate number CNA 378138.
3. | Respondent’s address of record is 24801 SW 130 Avenue,
Apartment 221, Homestead, Florida 33032.
4. On or about June 10, 2019, Respondent submitted to a pre-
employment urinalysis drug test for employment with Baptist Health South
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; barbiturates;
benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any
of the substances listed herein.
6. On or about June 17, 2019, Respondent tested positive for
marijuana (cannabis), a drug listed in section 112.0455(5)(a), on a pre-
employment drug screen that was confirmed by laboratory testing.
7. 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” or medical marijuana, 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.
8. Respondent failed to provide a lawful prescription and legitimate
medical reason for using cannabis.
9. 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.
10. 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, 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.
11. Asset forth above, Respondent tested positive for cannabis on a
laboratory confirmed pre-employment urinalysis drug screen. Respondent
did not provide a lawful prescription for cannabis, and Respondent did not
have a legitimate medical reason for using cannabis.
12. Based on the foregoing, Respondent violated Section
464.204(1)(b), for intentionally violating Section 456.072(1)(aa), which
subjects a licensee to discipline for testing positive for any drug, as defined
in Section 112.0455, 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.
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
Respondent on probation, corrective action, refund of fees billed or collected,
remedial education and/or any other relief that the Board deems appropriate.
[Signature page follows]
SIGNED this__ 29th __ day of April , 2020.
Scott A. Rivkees, MD
State Surgeon General
[al Philip A. Crawford
Philip A. Crawford
Assistant General Counsel
DOH Prosecution Services Unit
FILED
DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65
DEPUTY CLERK Tallahassee, Florida 32399-3265
CLERK: Bridget Conn Florida Bar Number 91378
pare: APR 3 0 (850) 558-9829 Telephone
(850) 245-4662 Facsimile
Email: Philip.Crawford@flhealth.gov
/PAC
PCP: April 29, 2020
PCP Members: McDonough & Bryant-Newman
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.
Docket for Case No: 20-003822PL
Issue Date |
Proceedings |
Dec. 14, 2020 |
Undeliverable envelope returned from the Post Office.
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Dec. 14, 2020 |
Undeliverable envelope returned from the Post Office.
|
Dec. 11, 2020 |
Undeliverable envelope returned from the Post Office.
|
Dec. 11, 2020 |
Undeliverable envelope returned from the Post Office.
|
Sep. 23, 2020 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Sep. 23, 2020 |
Joint Motion to Relinquish Jurisdiction filed.
|
Sep. 01, 2020 |
Order of Pre-hearing Instructions.
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Sep. 01, 2020 |
Notice of Hearing by Zoom Conference (hearing set for November 2, 2020; 9:00 a.m.; Miami).
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Aug. 31, 2020 |
Petitioner's Response to Initial Order filed.
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Aug. 24, 2020 |
Procedural Order.
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Aug. 24, 2020 |
Notice of Filing Petitioner's First Request for Admissions, First Set of Interrogatories, and First Request for Production filed.
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Aug. 24, 2020 |
Initial Order.
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Aug. 21, 2020 |
Election of Rights filed.
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Aug. 21, 2020 |
Administrative Complaint filed.
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Aug. 21, 2020 |
Agency referral filed.
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