STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. RYAN P. WATSON, R.N., CASE NO RESPONDENT. 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, Ryan Watson, 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 Administrative Complaint, Respondent was a registered nurse (R.N.) within the state of Florida, having been issued license number RN

2 3. Respondent's address of record is 8461 Cosgrove Road, North Port, Florida At all times material, Respondent was employed as a registered nurse at Sarasota Memorial Hospital (SMH) in Sarasota, Florida. 5. On or about October 18, 2017, Respondent submitted a urine sample for an employer requested drug screen. 6. On or about October 22, 2017, the drug screen confirmed the presence of cocaine, marijuana, and opiates in Respondent's urine specimen. 7. According to Section (2), Florida Statutes, 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, and abuse of cocaine may lead to severe psychological or physical dependence. 8. According to Section (1), Florida Statutes (2017), marijuana, or cannabis, is a Schedule I controlled substance that has a high potential for abuse. The term does not include medical use of "marijuana" or "low-thc cannabis," as defined in Section , Florida Statutes (2017), if manufactured, possessed, sold, purchased, delivered, 2

3 distributed, or dispensed in conformance with Section , Florida Statutes (2017), pursuant to a valid physician certification for medical use by a qualified patient. 9. Opiate, or opioid, drugs have similar actions as the drug opium and are typically prescribed to treat pain. Opioid drugs are synthetically manufactured, while opiate drugs are naturally occurring, but the terms opioid and opiate are often used interchangeably. Opiate drugs are addictive and subject to abuse. 10. Respondent has not provided a prescription, order, and/or legitimate medical reason for using cocaine, marijuana, and/or opiates. 11. Section (1)(aa), Florida Statutes (2017), provides that testing positive for any drug, as defined in s , on any confirmed pre-employment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug, constitutes grounds for disciplinary action. 12. Section (5)(a), Florida Statutes, defines drugs as alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; 3

4 synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. 13. Respondent tested positive for cocaine, marijuana, and opiates, drugs defined in Section (5)(a), Florida Statutes, for which Respondent did not have an order or prescription and a legitimate medical reason for using. 14. Based on the foregoing, Respondent violated Section (1)(aa), Florida Statutes (2017), by testing positive for any drug, as defined in s , on any confirmed pre-employment or employerordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. 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. [Signature page follows.] 4

5 SIGNED this 2i i day of kbnic,v) Celeste Philip, MD, MPH State Surgeon General and Secretary CLERK: DATE: FILED DEPARTMENT OF HEALTH DEPUTY CLERK ADgel StDders MAR 2, /SEE lb A. f CrLan (Sheryl E. Ellis 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) Sheryl.Ellis@flhealth.gov PCP Date: S r2-4 PCP Members: tetiley (ear\,&-vir \N kteid6c 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 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)1 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.