STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO SHARON MONIQUE COLL, R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health (Department), files this Administrative Complaint before the Board of Nursing (Board) against Respondent, Sharon Monique Coll, 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); Chapter 456, Florida Statutes (2018); and Chapter 464, Florida Statutes (2018). 2. At all times material to this Complaint, Respondent was a registered nurse (R.N.) within the State of Florida, having been issued license number RN At all times material to this Complaint, Respondent's address of

2 record was 5697 Rattlesnake Hammock Road, Apartment C205, Naples, Florida Respondent may also be located at 350 7th Street N., Naples, Florida On or about January 17, 2018, in the County Court for the Twentieth Judicial. Circuit, Collier County, Florida, case number 2017CT002740, Respondent entered a plea of nolo contendere to one count of Driving Under the Influence (DUI) 2nd Offense, a misdemeanor violation of Section (2)(a), Florida Statutes. 6. On or about April 2, 2018, in the County Court for the Twentieth Judicial Circuit, Collier County, Florida, case number 2018CT000065, Respondent entered a plea of nolo contendere to one count of DUI 2nd Offense, a misdemeanor violation of Section (2)(a), Florida Statutes. 7. DUI 2nd Offense is a crime which relates to the practice of, or the ability to practice, nursing. 8. On or about August 3, 2018, Respondent was evaluated by Zaheer Aslam, M.D, (Dr. Aslam), a physician specializing in addiction medicine. 9. Dr. Alsam diagnosed Respondent with chronic alcoholism and Administrative Complaint Page 2 of 6

3 generalized anxiety disorder. 10. Dr. Aslam opined that Respondent is unable to practice as a registered nurse with reasonable skill and safety to patients. COUNT I 11. Petitioner realleges and incorporates paragraphs one through ten as if fully set forth herein. 12. Section (1)(c), Florida Statutes (2017), 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. 13. On or about January 17, 2018, Respondent entered a plea of nolo contendere to one count of DUI 2nd Offense, and on or about April 2, 2018, Respondent entered a plea of nolo contendere to one count of DUI 2nd Offense, one or more crimes which relate to the practice of, or the ability to practice, nursing. 14. Based on the foregoing, Respondent violated Section (1)(c), Florida Statutes (2017). Administrative Complaint Page 3 of 6

4 COUNT II 15. Petitioner realleges and incorporates paragraphs one through ten as if fully set forth herein 16. Section (1)(j), Florida Statutes ( ), authorizes the Board of Nursing to impose discipline against a licensee 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. 17. As set forth above, Respondent is unable to practice nursing with reasonable skill and safety to patients, due to her chronic alcoholism and/or generalized anxiety disorder. 18. Based on the foregoing, Respondent violated section (1)(j), Florida Statutes (2018). 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 Administrative Complaint Page 4 of 6

5 billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 6th day of September Celeste Philip, MD, MPH State Surgeon General and Secretary /s/ Lindsey H. Frost LINDSEY H. FROST Assistant General Counsel Fla. Bar No Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL Telephone: (850) Facsimile: (850) CLERK: DATE: FILED DEPARTMENT OF HEALTH DEPUTY CLERK ildgel $tdclers SEP PCP: 08/28/2018 PCP Members: Ann-Lynn Denker (chair), Jennifer Raymond Administrative Complaint Page 5 of 6

6 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. Administrative Complaint Page 6 of 6