NAY Deputy Agency Clerk

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1 STATE OF FLORIDA BOARD OF NURSING Final Order No. DOH ftilmqa FLED DATE - Jam, L / Departure A'Vealth NAY Deputy Agency Clerk DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: License No.: CNA SKYKETHIA S. POWELL, Respondent. FINAL ORDER This matter appeared before the Board of Nursing at a dulynoticed public meeting on June 7-9, 2017 in Tampa, Florida, for a hearing not involving disputed issues of material fact pursuant to Sections and (2), Florida Statutes. Petitioner filed an Administrative Complaint seeking disciplinary action against the licensee. A copy of the Administrative Complaint is attached to and made a part of this Final Order. Service of the Administrative Complaint was made upon Respondent by certified mail. Respondent did not file an Election of Rights. Petitioner has filed a Motion for Determination of Waiver and Entry of Final Order. Petitioner was represented by Matthew Witters, Assistant General Counsel, Department of Health. Respondent was not present. Case No

2 FINDINGS OF FACT Since the licensee has not replied to the Administrative Complaint nor contested the factual allegations, the prosecuting attorney offered the investigative file as a basis to determine penalty. The investigative file was received into evidence. The Board adopts as its finding of facts the facts set forth in the Administrative Complaint. CONCLUSIONS OF LAW Based upon the Findings of Fact, the Board concludes the licensee has violated Section (1)(b), by (1)(aa), Florida Statutes. The Board is empowered by Sections (1)(b), (2), and (2), Florida Statutes, to impose a penalty against the licensee. Therefore it is ORDERED that: The licensee must pay investigative costs of $ within twelve months of the date the Final Order is filed. Payment shall be made to the Board of Nursing and mailed to, DOH- Compliance Management Unit, 4052 Bald Cypress Way, Bin C-76, Tallahassee, Florida , Attention: Nursing Compliance Officer. Payment must be made by cashier's check or money order ONLY. Personal checks will not be accepted. The license of SKYKETHIA S. POWELL is suspended until Case No

3 Respondent undergoes an evaluation coordinated by the Intervention Project for Nurses (IPN). It is the duty of the licensee to contact the IPN at P.O. Box 49130, Jacksonville Beach, Florida , (904) within 30 days. If the licensee is diagnosed with a condition that prevents the licensee from practicing nursing with reasonable skill and safety to patients, the licensee shall comply with any and all terms and conditions imposed by IPN as a result of the evaluation. If the licensee is not in need of monitoring or treatment and IPN is not suitable, no further action will be required. This Final Order shall become effective upon filing with the Clerk of the Department of Health. / A V' DONE AND ORDERED this v day of, BOARD OF NURSING NOTICE OF APPEAL RIGHTS Joe R. ker, Execut e Director for Jody Bryant Newman, EdD, EdS Chair Pursuant to Section , Florida Statutes, the parties are hereby notified that they may appeal this Final Order by filing one copy of a notice of appeal with the clerk of the Case No

4 department and by filing a filing fee and one copy of a notice of appeal with the District Court of Appeal within thirty days of the date this Final Order is filed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail to: SKYKETHIA S. POWELL, 153 Valencia Drive, Fort Walton Bch., FL 32547; and by e- mail to: the Intervention Project for Nurses at info@ipnfl.org; to: Diane L. Guillemette, Assistant Attorney General, at diane.guillemette@mvfloridalegal.com; and to: Matthew Witters, Assistant General Counsel, at Matthew.witters@flhealth.gov this day of, Certified Article Number: SENDERS RECORD.=: ,1, ,11 11, i 1.1 1, , Skykethia S. Powell 153 Valencia Dr Fort Walton Beach, FL Deputy Agency Client Case No

5 7/6/2017 null STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO SKYKETHIA S. POWELL, C.N.A., RESPONDENT. 1 ADMINISTRATIVE COMPLAINT COMES NOW, Petition0, Department of Health (Department), by and through its undersigned co nsel, and files this Administrative Complaint before the Board of Nursing gainst Respondent, Skykethia S. Powell, C.N.A., and in support thereof allers. 1. Petitioner is the state agency charged with regulating the practice of nursing assistance pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutel; 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 /6

6 7/6/2017 null 3. Respondent's address of record is 153 Valencia Drive, Fort Walton Beach, Florida At all times material to this Administrative Complaint, Respondent was employed as a certified nursing assistant by North Okaloosa Medical Center (hereinafter "NOMC") in Crestview, Florida 5. On or about September 30, 2016, NOMC ordered Respondent to submit to a urinalysis drug test. 6. On or about September 30, 2016, Respondent submitted to a reasonable suspicion urinalysis drug test at NOMC. 7. On or about October 10, 2016, Respondent's drug screen was confirmed positive for marijuana (cannabis), which is a drug listed in Section (5)(a), Florida Statutes (2016). 8. According to Section (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," as defined in Section , Florida Statutes, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Section , Florida Statutes. Department of Health v. Skykethia S. Powell, C.N.A. Case Number /6

7 7/6/2017 null 9. Respondent failed to provide a lawful prescription and legitimate medical reason for using cannabis. 10. Section (1)(b), Florida Statutes (2016), provides that intentionally violating any provision of this chapter, chapter 456, or the rules adopted by the board constitutes grounds for disciplinary action against a certified nursing assistant. 11. Section (1)(aa), Florida Statutes (2016), subjects a licensee to discipline for testing positive for any drug, as defined in Section , Florida Statutes (2016), 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. 12. Section (5)(a), Florida Statutes (20156), provides that "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. 13. As set forth above, Respondent tested positive for marijuana (cannabis) on a laboratory confirmed employer-ordered urinalysis drug Department of Health v. Skykethla S. Powell, C.N.R. Case Number /6

8 7/6/2017 null screen, without a lawful prescription for cannabis and/or without a legitimate medical reason for using cannabis. 14. Based on the foregoing, Respondent violated Section (1)(b), Florida Statutes (2016), by intentionally violating Section (1)(aa), Florida Statutes (2016), which subjects a licensee to discipline for testing positive for any drug, as defined in Section , Florida Statutes (2016), on any confirmed pre-employment or employerordered 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] Department of Health v. Skykethia S. Powell, C.N.A. Case Number /6

9 7/6/2017 null SIGNED this 14 day of T-I-Rdittehl r Celeste Philip, MD, MPH Surgeon G zag la r retary fetto Phili ra. Crair 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) Philip.CrawfordWhealth.qov /PAC PCP: February 22, 2017 PCP Members: Colin & Whitson FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber Greene DATE FEB Department of Health y. Skykethia S. Powell, C.N.A. Case Number /6

10 7/6/2017 null NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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 (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 (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 (5), Florida Administrative Code. Mediation under Section , 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 (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. Skykethia S. Powell, C.N.A. Case Number /6