STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2020-08488 SHANTA N. McCLINTON, 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, Shanta N. McClinton, 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 Administrative Complaint, Respondent was a licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 5189999. 3. Respondent's address of record is 2439 Wild Tamarind Blvd, Orlando, Florida 32828. 4. Respondent may also be found at 3520 Cleveland Heights Blvd, Apt. 203, Lakeland, Florida 33803, and 203 Royal Colven Drive, Yorktown, Virginia 23693. 5. Onor about August 29, 2016, in the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida, Respondent entered a plea of guilty to one count of Public Assistance Fraud (Misrepresentation), a third- degree felony violation of section 414.39, Florida Statutes. 6. Public Assistance Fraud is a crime which relates to the practice of, or ability to practice, licensee’s profession; practical nursing. 7. Section 456.072(1)(c), Florida Statutes (2016), provides that 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, constitutes grounds for disciplinary action. 8. As set forth above, on or about August 29, 2016, Respondent entered a plea of guilty to one count of Public Assistance Fraud, a third- Department of Health v. Shanta N. McClinton, L.P.N. 2 Case Number 2020-08488 degree felony violation of section 414.39, a crime which relates to the practice of, or the ability to practice, nursing assistance. 9. Based on the foregoing, Respondent violated section 456.072(1)(c), for 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. [Remainder of page intentionally left blank] Department of Health v. Shanta N. McClinton, L.P.N, 3 Case Number 2020-08488 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. SIGNED this__ 16th ___ day of October ___, 2020. Scott A. Rivkees, MD State Surgeon General DEPARTMENT OF HEALTH Ls John Ynfantoline _ DEPUTY CLERK JOHN INFANTOLINO . Assistant General Counsel CLERK: Morus Florida Bar No.: 1022118 paTe:___ OCT 16 20% Eigrida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9849 Facsimile: (850) 245-4683 Email: john.infantolino@fihealth.gov PCP: 10.16.20 PCP Members: Johnson & Forst PCP Recommendation: V8 Department of Health v. Shanta N. McClinton, L.P.N. 4 Case Number 2020-08488 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. Shanta N. McClinton, L.P.N. 5 Case Number 2020-08488

Docket for Case No: 21-001451PL