STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-28894 TAVORIS ALLEN, PMD., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint against Respondent, Tavoris Allen, PMD., and in support thereof alleges: 1. ‘Petitioner is the state department charged with regulating emergency medical technicians and paramedics pursuant to Chapter 20.43, Florida Statutes; Chapter 401, Florida Statutes; and Chapter 456, Florida Statutes. 2. At all times material to this Complaint, Respondent was certified as a paramedic within the state of Florida, having been issued Certificate Number PMD 509635. 3. Atall times material to this administrative complaint, Respondent was employed as a paramedic for Hillsborough County Fire and Rescue, located in Tampa, Florida. 4. Onor about December 10, 2018, Respondent brought a “Magical Butter” botanical extractor! to his place of work while on duty. The machine was plugged into a wall outlet and was powered on. 5. The machine contained two (2) pieces of marijuana plant material and homemade cannabis oil. 6. Respondent admitted that the device belonged to him. COUNT I 7. Petitioner re-alleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. 8. Section 401.411(1)(d), Florida Statutes (2018), subjects a paramedic to discipline for engaging in or attempting to engage in the possession, except in legitimate duties under the supervision of a licensed physician, or the sale or distribution of any controlled substance as set forth in Chapter 893. 1 A device designed for infusing herbs into butter, oil, alcohol, lotions, and other solvents. DOH v. Allen, PMD. 2 Case No. 2018-28894 9. Onor about December 10, 2018, Respondent was in possession of marijuana and homemade cannabis oil, controlled substances as outlined above and Respondent's possession was not part of his legitimate duties as a paramedic under the supervision of a licensed physician. 10. Respondent violated Section 401.411(1)(d), F.S. by being in possession of marijuana and homemade cannabis oil that was not a part of his legitimate duties as a paramedic under the supervision of a licensed physician. COUNT IT 11. Petitioner re-alleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. 12. Section 401.411(1)(g), Florida Statutes (2018), provides, in pertinent part, unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice under Chapter 401, Florida Statutes, constitutes grounds for discipline and the Department can deny, suspend or revoke a license certificate or permit. 13. Respondent’s possession of a controlled substance and a device to extract cannabis oil while on duty as a paramedic, is unprofessional and DOH v. Allen, PMD, 3 Case No. 2018-28894 fails to conform to the minimal prevailing standards acceptable under Chapter 401, Florida Statutes (2018). 14. Based on the foregoing, Respondent violated Section 401.411(1)(g), Florida Statutes (2018), by being in possession of a controlled substance and a device to extract cannabis oil while on duty. WHEREFORE, Petitioner respectfully requests that the Department enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's certificate, 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 Department deems appropriate. SIGNED this 23rd day of April, 2019. FILED Amanda M. Godbey DEPARTMENT OF HEALTH Assistant General Couns DEPUTY CLERK Florida Bar No.: 1000352 CLERK: Chtr. Nous Florida Department of Health DATE: __APR 2 6 2019 Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-1701 Telephone (850) 558-9873 Facsimile: (850) 245-4684 PCPs Kori 23, 20t9 Amanda.Godbey@flhealth.gov PCP Chore person’, Steve eC DOH v. Allen, PMD. Case No. 2018-28894 4 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. Please send your request to: 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. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. 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. DOH v. Allen, PMD. 5 Case No. 2018-28894

Docket for Case No: 21-001570PL