null Page 1 of 6 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO. RENEE LORRAINE MUNSEY, R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Respondent Renee Lorraine Munsey, 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; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 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 9236821. 3. At all times material to this Complaint, Respondent's address of record was 5531 River Oaks Drive, Titusville, Florida 32780. https://dohmqa31.imageapi.com/axiomproviewer/viewerniewdocument?documentid=3... 11/13/2017
null Page 2 of 6 4. On or about February 7, 2017, Respondent submitted to a preemployment urine drug screen, which was confirmed positive for cocaine'. 5. Respondent did not have a prescription or legitimate medical reason to consume cocaine. 6. On or about March 9, 2017, Respondent was referred to the Intervention Project for Nurses (IPN) for an evaluation.2 7. IPN closed their file and referred Respondent's case to the Florida Department of Health on or about May 1, 2017. 8. On or about August 22, 2017, Louise Buhrmann, M.D., a physician specializing in addiction medicine, evaluated Respondent. 9. Dr. Buhrmann diagnosed Respondent with Major Depression; Cocaine Use Disorder, severe; and/or Cannabis Use Disorder, moderate. 10. Dr. Buhrmann opined that Respondent is unable to practice nursing with reasonable skill and safety to patients. According to Section 893.03(2), Florida Statutes (2016-2017), cocaine 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 cocaine may lead to severe psychological or physical dependence. 2 IPN is the impaired practitioner program for the Board, pursuant to Section 456.076, Florida Statutes (2016-2017). IPN monitors the evaluation, care and treatment of impaired nurses. 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 https://dohmqa31.imageapi.com/axiomproviewer/viewer/viewdocument?documentid=3... 11/13/2017
null Page 3 of 6 COUNT I 11. Petitioner realleges and incorporates paragraphs one through ten as if fully set forth herein. 12. Section 464.018(1)(j), Florida Statutes (2017), allows 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. 13. Respondent is unable to practice nursing with reasonable skill and safety to patients by reason of one or more of the following: a. Major Depression; b. Cocaine Use Disorder, severe; and/or c. Cannabis Use Disorder, moderate. 14. Based on the foregoing, Respondent violated Section 464.018(1)(j), Florida Statutes (2016-2017). COUNT II 15. Petitioner realleges and incorporates paragraphs one through ten as if fully set forth herein. 16. Section 464.018(1)(o), Florida Statutes (2017), allows the Board 3 https://dohmqa31.imageapi.com/axiomproviewer/viewer/viewdocument?documentid=3... 11/13/2017
null Page 4 of 6 of Nursing to impose discipline against a licensee for violating any provision of chapter 464 or chapter 456, or any rules adopted pursuant thereto. 17. Section 456.071(1)(aa), Florida Statutes (2017), allows the Board of Nursing to impose discipline against a licensee for testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. 18. Respondent tested positive for cocaine on a confirmed preemployment drug screen, and she had neither a prescription nor a legitimate medical reason for using cocaine. 19. Based on the foregoing, Respondent violated Section 464.018(1)(o), Florida Statutes (2016), by violating Section 456.072(1)(aa), Florida Statutes (2016). 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. 4 http s ://dohmqa31. imageapi com/axi omproviewer/viewer/viewd ocument?documentid=3... 11/13/2017
null Page 5 of 6 SIGNED this Zeday of, 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLE CLERK. DATE OCT 2 5 NW A. gl: Assistanț fr neral - Counsel FL DOH rosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 93590 (P) (850) 558-9856 (F) (850) 245-4662 (E) Mary.Iglehart@flhealth.gov PCP: October 25, 2017 PCP Members: Denker/Desmond 5 https ://dohmqa31.imageapi.com/axiomproviewer/viewer/viewdocument?documentid=3... 11/13/2017
null Page 6 of 6 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes (2017), 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 28-106.111(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 28-106.111(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 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, 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 456.072(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 https://dohmqa3 1.imageapi.com/axiomproviewer/viewer/ViewDocument?doeumentId=3... 11 /1 3/20 17