STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITION ER, v. CASE NO.: PAUL LYDIC, L.P.N., RESPON DENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Paul Lydic, L.P.N., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a licensed practical nurse (LPN) within the state of Florida, having been issued license number PN

2 3. Respondent's address of record is 469 Alafaya Woods Blvd., Apartment E, Oviedo, Florida Respondent's address may be 1811 Rogero Road, Apartment 605, Jacksonville, Florida At all times material to this complaint, Respondent was employed as a LPN at Brook's Rehabilitation (Brooks), located in Jacksonville, Florida. 6. On or about April 16, 2016, Brooks staff became aware of discrepancies in Respondent's access and removal of controlled substances from the Pyxis machine at Brooks. 7. Pyxis consists of locked medication carts that secure and control access to medications, including controlled substances, through a computer system. Each Pyxis cart has a computer terminal on top of the cart that is linked to the pharmacy. Nurses can access Pyxis with either an individual password or through a fingerprint scan. The nurse selects the medication needed, and the patient for whom the medication is intended, and the specific drawer that contains that medication unlocks and opens. Activity reports can be generated from Pyxis that show all medications removed from the Pyxis cart by a specific nurse. The activity reports

3 indicate the medication, dose, date, time, patient for whom the medication is intended, and nurse removing the medication. 8. On or about April 19, 2016, Brooks discovered that between February 7, 2016 and April 16, 2016, Respondent removed Oxycodone from Pxyis for patients that Respondent was not assigned to care for. 9. 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. 10. On or about April 22, 2016, Respondent was interviewed by members of the Jacksonville Sheriff's Office (JSO) at Brooks regarding the missing Oxycodone. 11. On or about April 22, 2016, Respondent, in a post-miranda interview with JSO, admitted to diverting oxycodone from Brooks. 12. On or about October 26, 2016, the Department issued an Order Compelling Examination (OCE) of Respondent, which was served on Respondent on or about November 8, The OCE was scheduled for November 17, 2016 and 10:15 a.m.

4 14. Respondent failed to appear on November 17, 2016, for the OCE. COUNT I 15. Petitioner realleges and incorporates paragraphs one through fourteen, as if fully set forth herein. 16. Section (1)(i), Florida Statues (2015), provides that engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in Chapter 893, Florida Statutes, for any other than legitimate purposes constitutes grounds for discipline. 17. On or about April 22, 2016, Respondent, in a post-miranda interview with JSO, admitted to diverting oxycodone, a controlled substance under Chapter 893, Florida Statutes, from Brooks. 18. Based on the foregoing, Respondent violated Section (1)(i), Florida Statutes (2015), by engaging or attempting to engage in the possession of controlled substances as set forth in Chapter 893, Florida Statutes, for any other than legitimate purposes. COUNT II 19. Petitioner realleges and incorporates paragraphs one through fourteen, as if fully set forth herein. AC 0) Charge, VFO

5 20. Section (1)(q), Florida Statutes (2016), subjects a licensee to discipline for violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department. 21. Respondent violated a lawful order of the Department when on November 17, 2016 at 10:15 a.m., Respondent failed to appear for his Department ordered OCE. 22. Based on the foregoing, Respondent has violated Section (1)(q), Florida Statutes (2016), by violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.

6 WHEREFORE, the 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 the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 29th day of November Celeste Phillip, M.D., M.P.H. Surgeon General and Secretary CLERK: \ FILED DEPARTMENT OF HEALTH DEPUTY CLERK ANel Otvaders DATE: NOV /s/ Matthew G. Witters Matthew G. Witters 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) matthew.witters@flhealth.gov PCP: November 29, 2017 PCP Members: Horne and Newman

7 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.