DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. 2017-21655 JODI LYNN LEVINS, A.R.N.P., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Respondent Jodi Lynn Levins, A.R.N.P., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 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 ARNP 9258228. 3. At all times material to this Complaint, Respondent's address of
record was 737 Waterbridge Drive, Winter Haven, Florida 33880. 4. In or around and between December 2016 and September 2017, Respondent was employed by Massassa Medical House Calles, located in Tampa, Florida. 5. Respondent's duties included delivering medications from the pharmacy to patients' homes. 6. Between July 2017 and October 2017, Respondent wrote approximately 32 prescriptions for oxycodone/apap1 for Patients J.D., B.E., O.B., H.G., DJ., and/or A.Z. 7. Between July 2017 and October 2017, Respondent obtained approximately 32 prescriptions for oxycodone/apap2 for Patients J.D., B.E., O.B., H.G., D.J., and/or A.Z., from the pharmacy. 8. Between July 2017 and October 2017, Respondent did not deliver approximately 32 prescriptions for oxycodone/apap3 for Patients J.D., 1 Oxycodone/APAP contains oxycodone and acetaminophen, or Tylenol. According to Section 893.03(2), Florida Statutes (2017), 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. 2 Oxycodone/APAP contains oxycodone and acetaminophen, or Tylenol. According to Section 893.03(2),. Florida Statutes (2017), 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 Oxycodone/APAP contains oxycodone and acetaminophen, or Tylenol. According to Section 893.03(2), Florida Statutes (2017), 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. 2 Dep't of Health v. Jodi Lynn Levins, A.R.N.P.
B.E., 0.B., H.G., DJ., and/or A.Z. 9. Through this scheme, Respondent obtained approximately 896 tablets of oxycodone/apap without a legitimate purpose. Count I 10. Petitioner re-alleges and incorporates paragraphs one through nine as if fully set forth herein. 11. Section 464.018(1)(i), Florida Statutes (2017), authorizes the Board of Nursing to impose discipline 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 any other than legitimate purposes authorized by this part. 12. Respondent engaged or attempted to engage in the possession of oxycodone/apap, a controlled substance, in one or more of the following ways: a. By writing a prescription(s) for oxycodone/apap for Patients B.E., 0.B., H.G., D.J., and/or A.Z.; b. By obtaining oxycodone/apap from the pharmacy purportedly for Patients J.D., B.E., H.G., D.J., and/or A.Z.; and/or c. By keeping the oxycodone/apap purportedly intended for Dept of Health v. Jodi Lynn Levins, A.R.N.P. 3
Patients J.D., B.E., 0.B.; KG., DJ., and/or A.Z. 13. Based on the foregoing, Respondent violated Section 464.018(1)(01 Florida Statutes (2017). Count H 14. Petitioner re-alleges and incorporatesp paragraphs one through nine as if fully set forth herein. 15. Section 456.072(1)(m), Florida Statutes (2017), authorizes the Board of Nursing to impose 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. 16. Respondent employed a trick or scheme in or related to the practice of nursing by ordering prescriptions purportedly for patients 1D., B.E., 0.B., H.G., D.J., and/or Al., picking up the prescriptions, and keeping them for herself. 17. Based on the foregoing, Respondent violated Section 456.072(1)(m), Florida Statutes. WHEREFORE, Petitioner respectfully requests that the Board enter an order imposing one or more of the following penalties: permanent revocation Dept of Health v. Jodi Lynn Levins, A.R.N.P. 4
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. SIGNED this app day of FeAot(tA atiq, 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK DATE FILED DEPARTMENT OF HEALTH DEPUTY CLERK Anyeraamars FEB 2 0 2010 Kristen M. Summers Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 112206 (T) (850) 558-9909 (F) (850) 245-4662 (E) Kristen Su m mers@fl hea Ith.gov PCP Meeting: February 20, 2018 PCP Members: Habgood & Baumwald Dep't of Health v. Jodi Lynn Levins, A.R.N.P. 5
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, 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. Dep't of Health v. Jodi Lynn Levins, A.R.N.P. 6