Final Order No. DOH-18-0220-ERMQA STATE OF FLORIDA DEPARTMENT OF HEALTH FILED DATER'S 1 2018 _Departm nt ealth By: VI D uty Agency Clerk In Re: Emergency Restriction of the License of ORDER OF EMERGENCY RESTRICTION OF LICENSE Celeste Philip, M.D., M.P.H., State Surgeon General, ORDERS the emergency restriction of the license of, (Ms. Chapman) to practice as a registered nurse in the State of Florida. Ms. Chapman holds license number RN 9386859. Ms. Chapman's address of record is 8675 29th Way N. Apt #203, Pinellas Park, Florida 33782. The following Findings of Fact and Conclusions of Law support the emergency restriction of Ms. Chapman's license to practice as a nurse in the State of Florida. FINDINGS OF FACT 1. The Department of Health (Department) is the state agency charged with regulating the practice of nursing pursuant to Chapters 20, 456, and 464, Florida Statutes (2017). Section 456.073(8), Florida Statutes (2017), authorizes the State Surgeon General to summarily restrict Ms.
Chapman's license to practice as a nurse in the State of Florida, in accordance with Section 120.60(6), Florida Statutes (2017). 2. At all times material to this Order, Ms. Chapman was licensed as a registered nurse in the State of Florida, pursuant to Chapter 464, Florida Statutes, and was contracted to work as a nurse at Orange Park Medical Center (OPMC), located in Orange Park, Florida. 3. On December 11, 2017, a controlled substance withdrawal report indicated that Ms. Chapman had a higher deviation of narcotic withdrawals than that of her nursing counterparts at OPMC. 4. The report revealed that on December 11, 2017, Ms. Chapman withdrew nine vials of morphine.' 5. On December 12, 2017, OPMC management and a Clay County Sheriff's Office (CCSO) deputy confronted Ms. Chapman regarding her morphine withdrawals. 6. Ms. Chapman admitted to diverting morphine from patients for personal use. 'Morphine is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2017), morphine 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 morphine may lead to severe psychological or physical dependence.
7. Before Ms. Chapman was removed from OPMC, a CCSO deputy conducted an interview with Ms. Chapman. 8. The deputy searched Ms. Chapman and found a vial of urine in the waist band of her scrubs. 9. Ms. Chapman admitted that she kept the vial of urine in case she needed to undergo a drug screening. 10. OPMC terminated Ms. Chapman's employment. 11. Ms. Chapman was charged with Grant Theft of a Controlled Substance in Clay County Case Number 2017-026899. 12. As of the date of this Order, this charge is pending resolution. 13. In the course of their practice, nurses have access to medications, including controlled substances, which have a high likelihood for abuse and harm. Nurses must dispense and administer such drugs in a manner that is safe and effective for the patient and only dispense to authorized patients. Nurses must also possess good judgment, be able to recognize abnormal signs or symptoms of patients, and provide emergency care when needed. Because Ms. Chapman does not have the requisite judgment or moral character to practice nursing safely, Ms. Chapman's
continued unrestricted practice as a nurse presents an immediate, serious danger to the health, welfare, and safety of the public. 14. Based on Ms. Chapman's use of her position as a nurse and access to medications to steal approximately nine vials of morphine for personal use, there are no less-restrictive means other than the terms outlined in this Order that will adequately protect the public. Ms. Chapman's repeated theft of morphine, and exposure to the medication through her employment indicates that her conduct is likely to continue. CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the State Surgeon General concludes as follows: 1. The State Surgeon General has jurisdiction over this matter pursuant to Sections 20.43 and 456.073(8), Florida Statutes (2017), and Chapter 464, Florida Statutes (2017), as set forth above. 2. Section 456.072(1)(m), Florida Statutes (2017), authorizes discipline, including restriction, 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. 3. Ms. Chapman violated Section 456.072(1)(m), Florida Statutes (2017), by employing a trick or scheme related to the practice of nursing by using her position as a registered nurse to divert morphine for herself. 4. Section 464.018(1)(h), Florida Statutes (2017), authorizes the discipline, including restriction, against a licensee for engaging in unprofessional conduct, as defined by board rule. 5. Rule 64B9-8.005(2), Florida Administrative Code defines unprofessional conduct to include the misappropriation of drugs, supplies or equipment. 6. Ms. Chapman violated Section 464.018(1)(h), Florida Statutes (2017), by violating Rule 6469-8.005(2), Florida Administrative Code, by misappropriating controlled substances from her patients. 7. Section 464.018(1)(i), Florida Statutes (2017), authorizes discipline, including restriction, against a nurse 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. 8. Ms. Chapman violated Section 464.018(1)(i), Florida Statutes (2017), by engaging in the possession of morphine, a controlled substance, without a legitimate purpose. 9. Section 120.60(6), Florida Statutes (2017), authorizes the State Surgeon General to summarily restrict a registered nurse's license upon a finding that the registered nurse presents an immediate, serious danger to the public health, safety or welfare. 10. Ms. Chapman's continued unrestricted practice as a registered nurse constitutes an immediate, serious danger to the health, safety, or welfare of the citizens of the State of Florida, and this summary procedure is fair under the circumstances to adequately protect the public. WHEREFORE, in accordance with Section 120.60(6), Florida Statutes (2017), it is ORDERED THAT: 1. The license of Ms. Chapman to practice as a registered nurse, license number RN 9386859, is immediately restricted to prohibit Ms.
Chapman from practicing in any setting where she has access to controlled substances. 2. A proceeding seeking formal discipline of the license of Rosalind Sarah Chapman, R.N., to practice as a registered nurse in the State of Florida will be promptly instituted and acted upon in compliance with Sections 120.569 and 120.60(6) Florida Statutes (2017). DONE and ORDERED this 1 day of 09, 2018. Ce este Philip, M.D., M.P.H. Surgeon General and Secretary PREPARED BY: Kristen M. Summers Assistant General Counsel 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.Summers@flhealth.gov
NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to Sections 120.60(6), and 120.68, Florida Statutes, the Department's findings of immediate danger, necessity, and procedural fairness shall be judicially reviewable. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing a Petition for Review, in accordance with Florida Rule of Appellate Procedure 9.100, and accompanied by a filing fee prescribed by law with the District Court of Appeal, and providing a copy of that Petition to the Department of Health within thirty (30) days of the date this Order is filed.