STATE OF FLORIDA DEPARTMENT OF HEALTH ADMINISTRATIVE COMPLAINT. Petitioner, Department of Health (Department), files this

Transcription

1 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. TERESA LYNN WERNER, R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health (Department), files this before the Board of Nursing (Board) against Respondent, Teresa Lynn Werner, 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 (2017); Chapter 456, Florida Statutes (2017); and Chapter 464, Florida Statutes (2017). 2. At all times material to this Complaint, Respondent was licensed to practice nursing within the State of Florida, having been issued license number RN Respondent's address of record is 3924 Vega Street, Panama City

2 Beach, Florida At all times material hereto, Respondent was contracted to work as a traveling nurse at Fort Walton Beach Medical Center (FWBMC) in Fort Walton Beach, Florida. 5. On or about August 29, 2017, or August 30, 2017, during an overnight shift at FWBMC, Respondent withdrew five Xanaxi tablets from a Pyxis MedStation2 and placed them into her pocket. 6. Respondent did not have a valid prescription for the Xanax she placed in her pocket. COUNT 7: Petitioner realleges and incorporates paragraphs one through six, as if fully set forth herein. 8. Section (1)(m), Florida Statutes (2017), authorizes discipline against a licensee for making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 1 Xanax is the brand name for aiprazolam and is prescribed to treat anxiety. According to Section (4), Florida Statutes (2017), alprazolam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of aiprazolam may lead to limited physical or psychological dependence relative to the substances in Schedule III. 2 A Pyxis MedStation is an automated medication dispensing system. 2

3 9. Respondent employed a trick or scheme related to the practice of nursing by using her position as a registered nurse to divert medication. 10. Based on the foregoing, Respondent violated Section (1)(m), Florida Statutes (2017). COUNT II 11. Petitioner realleges and incorporates paragraphs one through six, as if fully set forth herein. 12. Section (1)(h), Florida Statutes (2017), authorizes the Board of Nursing to impose discipline against a licensee for engaging in unprofessional conduct, as defined by Board rule. 13. Rule 64B (2), Florida Administrative Code, defines unprofessional conduct to include misappropriating drugs. 14. Respondent engaged in unprofessional conduct by misappropriating Xanax, a drug. 15. Based on the foregoing, Respondent violated Section (1)(h), Florida Statutes (2017), by violating Rule (2), Florida Administrative Code. COUNT III 16. Petitioner realleges and incorporates paragraphs one through 3

4 six, as if fully set forth herein. 17. Section (1)(i), Florida Statutes (2017), authorizes the Board of Nursing to impose distipline against a licensee for engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in Chapter 893, for other than legitimate purposes. 18. Respondent engaged in the possession of Xanax, a controlled substance as set forth in Chapter 893, for other than legitimate purposes. 19. Based on the foregoing, Respondent violated Section (1)(i), Florida Statutes (2017). 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 TO FOLLOW]

5 SIGNED this 1544"rday of patalber Celeste Philip, M.D., M.P.H. Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE DEC ANIEFigh ale' 1 Iry iv oss 10. Vickers, Florida Bar No Assistant General Counsel Office of the General Counsel Prosecution Services Unit Florida Department of Health 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida Telephone: (850) Facsimile: (850) Ross.Vickers@iflhealth.gov PCP: / /7 PCP Members: -if-s)//e---- je --(7" )1 5

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, 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. 6