DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. 2017-0392$ BRIGITTE G. ARNOLD, R.PH., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Brigitte' G Arnold, R.Ph., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 465, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a licensed pharmacist within the state of Florida, having been issued license number PS 21715.
3. Respondent's address of record is 10411 Riverburn Drive, Tampa, Florida 33647. 4. On or about March 1, 2017, the Hillsborough County Sheriff's Office (HCSO) received reports about a reckless driver, who was later identified as Respondent. 5. Respondent was driving below the speed limit on interstate 75 and causing traffic to slow down across all three lanes. 6. The responding HCSO deputy activated his emergency lights to initiate a traffic stop on Respondent. 7. Respondent's vehicle repeatedly drifted within its lane and drifted onto the left shoulder and back into the lane without stopping or accelerating. Respondent continued to drive for approximately four miles before she came to a stop on the left shoulder of 1-75. 8. The HCSO Deputy spoke to Respondent, who appeared lethargic and slurred her speech. She stated she could not stop her vehicle and that when she placed her foot on the brake, the vehicle would accelerate. 9. Respondent stated that she was a pharmacist and that she was coming from work at CVS pharmacy. DOH v. Brigitte Arnold, R.Ph. 2
10. Another HCSO Deputy observed that Respondent had bloodshot eyes, was lethargic, and unsteady on her feet. 11. The HCSO Deputy had Respondent perform standardized field sobriety exercises. Based on her performance, the Deputy determined that Respondent was impaired and placed her under arrest for driving under the influence (DUI). 12. Deputies searched Respondent subsequent to her arrest. Deputies found 115 Alprazolaml tablets, 35 Carisoprodol2 tablets, 1 Oxycodone3 tablet, and 1 Hydrocodone4 tablet. Respondent did not have a prescription for any of these medications. Deputies also found a blue prescription bottle labeled "return to vial." Alprazolam is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2016), alprazolam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of alprazolam may lead to limited physical or psychological dependence relative to the substances in Schedule M. 2 Carisoprodol, commonly known by the brand name Soma, is a muscle relaxant prescribed to treat muscular pain. According to Section 893.03(4), Florida Statutes (2016), Carisoprodol is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of Carisoprodol may lead to limited physical or psychological dependence relative to the substances in Schedule HI. 3 Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2016), 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. 4 Hydrocodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2016), hydrocodone 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 hydrocodone may lead to severe psychological or physical dependence. DOH v. Brigitte Arnold, R.Ph. 3
13. Respondent gave two breath samples, each of which resulted in a reading of.000 breath alcohol content. 14. Another HCSO Deputy, who was trained and certified as a Drug Recognition Expert (DRE)5, responded to conduct further investigation. The DRE conducted a drug recognition evaluation on Respondent. The DRE concluded that Respondent was impaired, unable to operate a vehicle safely, and was under the influence of a central nervous system (CNS) depressant6. 15. On or about May 16, 2017, Dr. Debra M. Barnett, MD, a physician specializing in addiction medicine, evaluated Respondent pursuant to Department order. 16. Dr. Barnett diagnosed Respondent with Benzodiazepine Dependence, Cannabis Abuse, and Possible Alcohol Abuse. 17. Dr. Barnett opined that Respondent is unable to practice as a pharmacist with reasonable skill and safety to patients. 5 A drug recognition expert or drug recognition evaluator (DRE) is a police officer trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol. A DRE conducts a detailed, diagnostic examination of persons arrested or suspected of drug-impaired driving or similar offenses. The DRE is trained to administer carefully designed psychophysical tests to evaluate the person's judgment, information processing ability, coordination, and various other characteristics. www.decp.org. 6 CNS depressants slow down the operations of the brain and the body. Examples of CNS depressants include alcohol, barbiturates, anti-anxiety tranquilizers (e.g., Valium, Librium, Xanax, Prozac, and Thorazine), GHB (gamma hydroxybutyrate), Rohypnol, and many other anti-depressants (e.g., Zoloft, Paxil). www.decp.org. DOH v. Brigitte Arnold, R.Ph. 4
COUNT I 18. Petitioner re-alleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. 19. Section 465.016(1)(m), Florida Statutes (2016), subjects pharmacists to discipline for "being unable to practice pharmacy with reasonable skill and safety by reason of illness, use of drugs, narcotic, chemicals, or any other type of material or as a result of any mental or physical condition." 20. Respondent is unable to practice pharmacy with reasonable skill and safety due to one or more of the following: a. Benzodiazepine Dependence, b. Cannabis Abuse, and/or c. Possible Alcohol Abuse. 21. Based on the foregoing, Respondent violated section 465.016(1)(m), Florida Statutes (2016). COUNT II 22. Petitioner re-alleges and incorporates paragraphs one (1) through seventeen (17) as if fully set forth herein. DOH v. Brigitte Arnold, R.Ph. 5
23. Section 465.016(1)(e), Florida Statutes (2016), subjects a pharmacist to discipline, including restriction, for violating Chapter 893. 24. Section 893.013(6)(a), Florida Statutes (2016), prohibits the possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription. 25. Respondent possessed one or more of the following controlled substances without a lawful reason or valid prescription. a. Alprazolam, b. Carisoprodol, c. Oxycodone, and/or d. Hydrocodone. 26. Based on the foregoing, Respondent violated Section 465.016(1)(e), Florida Statutes (2016), by violating Section 893.013(6)(a), Florida Statutes (2016). 27. WHEREFORE, the Petitioner respectfully requests that the Board of Pharmacy 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 DOH v. Brigitte Arnold, R,Ph. 6
billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 2 a day of "5 4.Au, 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Anael Sanders DATE JUL 2 1 2017 Keitl umphrey Assistant p General Counsel Fla. Bar No. 93767 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9855 Facsimile: (850) 245-4662 Email: keith.humphrey@flhealth.gov PCP Meeting: July 20, 2017 PCP Members: Jeenu Philip, Gavin Meshad DOH v. Brigitte Arnold, R.Ph. 7
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 Administrative Complaint, pursuant to Rule 28-106.111(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 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. Please note that mediation under Section 120.573, 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 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 to any other discipline imposed. DOH v. Brigitte Arnold, R.Ph. 8