STATE OF FLORIDA DEPARTMENT OF HEALTH
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1 STATE OF FLORIDA DEPARTMENT OF HEALTH Final Order No. DOH-17,1092-6$0-MQA By: ts f 2Q r Department of Health At201 CO () FILED DATE - Deputy Agency Jerk In Re: ORDER OF EMERGENCY SUSPENSION OF CERTIFICATE Celeste Philip, M.D., M.P.H., State Surgeon General, ORDERS the emergency suspension of the certificate of, (Mr. Smith) to practice as a certified nursing assistant (C.N.A.) in the State of Florida. Mr. Smith holds certificate number CNA His address of record is 3601 Karnen Blvd., Apt. 1221, Jacksonville, Florida The following Findings of Fact and Conclusions of Law support the emergency suspension of Mr. Smith's certificate to practice as a nursing assistant. FINDINGS OF FACT 1. The Department of Health (Department) is the state agency charged with regulating the practice of nursing assistance pursuant to Chapters 20, 456, and 464, Florida Statutes (2016). Section (1)(a), Florida Statutes (2016), authorizes the Department to summarily suspend Mr. Morris's certificate to practice as a nursing assistant.
2 2. At all times material to this Order, Mr. Smith was certified to practice as a nursing assistant in the State of Florida pursuant to Chapter 464, Florida Statutes (2016). 3. On or about May 24, 2017, in the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, Mr. Smith entered a plea of guilty to one count of Fraudulent Use of a Credit Card, a third-degree felony in violation of section , Florida Statutes (2016). 4. Section (1)(a), Florida Statutes (2016), provides that the Department shall issue an emergency order suspending the certificate of any person certificated under Chapter 464 who pleads guilty to, is convicted or found guilty of, or who enters a plea of nolo contendere to, regardless of adjudication, a felony under Chapter 817, Florida Statutes. CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the State Surgeon General concludes as follows: 1. The Department has jurisdiction pursuant to Sections and (1)(a), Florida Statutes (2016), and Chapter 464, Florida Statutes (2016). 2
3 2. Mr. Smtih entered a plea of guilty to one count of Fraudulent Use of a Credit Card, a third-degree felony in violation of section , Florida Statutes (2016). 3. The Department is mandated to summarily suspend Mr. Smith's certificate to practice as a nursing assistant in accordance with Section (1)(a), Florida Statutes (2016). WHEREFORE, in accordance with Section (1)(a), Florida Statutes (2016), it is ORDERED THAT: 1. The certificate of, certificate number CNA , is immediately suspended. 2. A proceeding seeking formal discipline of the certificate of, to practice as a nursing assistant will be promptly instituted and acted upon in compliance with Section , Florida Statutes (2016). 3
4 DONE and ORDERED this I 1 day of th), ste, Celeste Philip, M.D., M.P.H. Vj State Surgeon General and Secretary PREPARED BY: Ann L. Prescott Assistant General Counsel Fla. Bar No Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL Telephone: (850) ex Facsimile: (850) ann.prescott@flhealth.gov 4
5 NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to Section , Florida Statutes (2016), this Order is judicially reviewable. Review proceedings are governed by the Florida Rules of Appellate Procedure. Proceedings are commenced by filing a Petition for Review, in accordance with Florida Rule of Appellate Procedure 9.100, with the District Court of Appeal, accompanied by a filing fee prescribed by law, and a copy of the petition with the Agency Clerk of the Department within 30 days of the date this Order is filed. 5
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