Vv a ow) STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, : Petitioner, | . vs. CASE NO. 96-10289 PATRICIA D. ROETTER, " Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this ‘Administrative Complaint before the Board of Nursing against PATRICIA D. a ROETTER hereinafter referred to as “Respondent,” and alleges: lL - Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, ‘Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. 2. Pursuant to the authority of Section 20, 43GX8, Florida Statutes (Supp. 1996), ‘the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the ~* issuance of emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, a registered nurse, having been issued license number RN 1404482. 4. ~ Respondent’ s last known address i is 609 S. Dale Mabry Hwy. #21; ‘Tampa, Florida 33606. re) UW 5S. At all times “material hereto, Respondent was “employed by Baptist Hospital, Pensacola, Florida, 6. On or about July 1, 1996, while working at ‘the’ ‘above-referenced employer, Respondent was requested to submit a urine drug screen (UDS). 7. The request was based upon a suspicion that the Respondent was diverting schedule controlled substances pursuant to Chapter 893, Florida Statutes, from the hospital. a 8. the aforementioned drug Screen report returned positive for Penbutolol and » Tramadol; these are both controlled substances under chapter 893, Florida Statutes, 9. Respondent did not t have a Prescription or valid d medical reason for using Penbutolol and Tramadol. 10. Based on the foregoing, Respondent license to Practice nursing in the State of Florida i is subject to discipline pursuant to section 464. 018(1)Q), Florida Statutes, for unprofessional ‘conduct as defined by Ruled 6469-8, 005(1}(e)18., F. A. C., by testing : positive for any drugs ‘under chapter 893 on any pre-employment or employer ordered drug screen when the nurse e does not ‘have prescription and legitimate medical reason for using such drug. - WHEREFORE, Petitioner re that the Be ad of Nursing enter an Order imposing one or more © of the following penalties: Revocation Or suspension of 7 Respondents license, imposition « of a an n administrative fine, _issuance © of a feprimand, Sh pes 199 Douglas M. Cook Director 2 COUNSEL FO PETITIONER: Reginald D. Dixefa, Senior Attorney FBN: 0112925 . Agency for Health Care Administration Allied Health Section ” Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 414 - 8576 RDD/rd PCP: PB) ancy Snurkowski, Chief Attorney ~ On Behalf of the Agency for Health Care Administration - DEPARTMENT OF HEALTH ' DEPUTY CLERK CLERK Zt KX. be DATE UG pom: 6//5/4# eta oo te RET ERE Se epee —

Docket for Case No: 00-000601