STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO TAMARA ANN DOTY, R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Respondent Tamara Ann Doty, R.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 (2018); and Chapters 456 and 464, Florida Statutes (2018). 2. At all times material to this Complaint, Respondent was licensed to practice as a registered nurse within the State of Florida, having been issued license number RN At all times material to this Complaint, Respondent's address of record was Hil!view Drive, Pensacola, Florida

2 4. On or about June 28, 2017, the Board entered a Final Order against Respondent in case number , which provided, in pertinent part: The license of TAMARA ANN DOTY is suspended until the licensee undergoes an evaluation coordinated by the Intervention Project for Nurses (IPN),[1] and complies with any and all terms and conditions imposed by IPN as a result of said evaluation. 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 in need of monitoring or treatment, she will comply with all conditions of the IPN Advocacy Contract or she will be in violation of the Board Order. 5. Respondent failed to contact IPN within the required 30 days from the date of the Final Order. 6. On or about May 10, 2018, Respondent executed an IPN monitoring contract. 7. The IPN monitoring contract required Respondent to abstain from all controlled substances and alcohol, submit to random drug screening, and attend group therapy sessions. 1 IPN is the impaired practitioner program for the Board of Nursing, pursuant to Section , Florida Statutes ( ). IPN monitors the evaluation, care, and treatment of impaired practitioners licensed by the Department. IPN oversees random drug screens and provides for the exchange of information between treatment providers, evaluators, and the Department for the protection of the public. 2

3 8. On or about June 27, 2018, Respondent underwent an IPNfacilitated independent medical evaluation by Michael P. Strolla, D.O. (Dr. Strolla), an osteopathic physician specializing in addiction medicine. 9. Dr. Strolla diagnosed Respondent with alcohol use disorder, severe; cannabis use disorder, severe; opioid use disorder, moderate; and cocaine use disorder, mild. 10. Dr. Strolla opined that Respondent is not able to practice nursing with reasonable skill and safety to patients. 11. Between approximately May 10, 2018, and August 20, 2018, Respondent failed to comply with the terms of her IPN monitoring contract in one or more of the following ways: a. Failing to attend one or more required random drug screenings; b. Consuming alcohol, cannabis,2 and/or oxycodone;3 c. Failing to attend required group therapy sessions;, and/or 2 According to Section (1), Florida Statutes (2018), 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 , Florida Statutes (2018), if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Section , Florida Statutes (2018). 3 Oxycodone is commonly prescribed to treat pain. According to Section (2), Florida Statutes (2018), oxycodone Is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use In treatment in the United States. Abuse of oxycodone may lead to severe psychological or physical dependence. 3 Dept of Health v. Tamara Ann Doty, R.N.

4 d. Failing to engage in required substance abuse treatment. 12. On or about August 20, 2018, IPN terminated Respondent's monitoring contract, based on her failure to comply with its terms, without good cause. Count I 13. Petitioner re-alleges and incorporates paragraphs one through three, and eight through ten, as if fully set forth herein. 14. Section (1)(j), Florida Statutes (2018), authorizes the Board to impose discipline against a registered nurse for being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. 15. Respondent is unable to practice nursing with reasonable skill and safety to patients due to one or more of the following: a. Severe alcohol use disorder; b. Severe cannabis use disorder; c. Moderate opioid use disorder; and/or d. Mild cocaine use disorder. 16. Based on the foregoing, Respondent violated Section 4

5 (1)0), Florida Statutes (2018). Count II 17. Petitioner re-alleges and incorporates paragraphs one through seven, eleven, and twelve, as if fully set forth herein. 18. Section (1)(q), Florida Statutes ( ), authorizes the Board to impose discipline against a registered nurse for violating a lawful order of the Department or the Board. 19. Respondent violated a lawful order of the Board by failing to comply with all terms of her IPN monitoring contract, as required by the Board's Final Order in case number Based on the foregoing, Respondent violated Section (1)(q), Florida Statutes ( ). Count III.21. Petitioner re-alleges and incorporates paragraphs one through three, six through seven, and eleven through twelve, as if fully set forth herein. 22. Section (1)(hh), Florida Statutes ( ), authorizes the Board to impose discipline against a registered nurse for being terminated from an impaired practitioner program that is overseen by a

6 consultant as described in Section , Florida Statutes ( ), for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the registered nurse. 23. Respondent was terminated from IPN for failure to comply with the terms of her monitoring contract, without good cause. 24. Based on the foregoing, Respondent violated Section (1)(hh), Florida Statutes ( ). WHEREFORE, Petitioner respectfully requests that the Board 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.] 6

7 SIGNED this 04 day of /14 " Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK NOV DATE Andrew J. Pietrylo, Jr. Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Florida Bar Number (P) (850) (F) (850) (E) Andrew.Pietrylo@flhealth.gov PCP Meeting: November 30, 2018 PCP Members: Hubbard & Forst 7

8 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, pursuant to Rule (2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this, Respondent waives the right to request a hearing on the facts alleged in this 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. 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 any other discipline imposed. 8