¥) md ei 4% STATE OF FLORIDA es € DEPARTMENT OF HEALTH GL wo is ad, y DEPARTMENT OF HEALTH C52, %g ve WO." B Petitioner, CSE, ? : < vs. Case No. 99-03611 CATHERINE O'NEIL-WINES, RN., Qo-/ 507 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 the Respondent, CATHERINE O'NEIL-WINES, R.N.; and in support thereof alleges: | | 1. Petitioner is the state agency charged with regulating the practice of . nursing pursuant to Chapters 20, 455, and 464, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with, the Agency for Health Care Administration to provide “conn complaint, investigative and prosecutorial services 5 required by the Division of Medical Quality Assurance, councils or r boards, as appropriate, ichiditig the i issuance of a emergency éfders ofs siepension or # restriction. 3 Respondent is and has: been at all times ‘material hereto, a licensed REGISTERED NURSE i in the State of Florida, having been issued license number RN 1187832. ww oN | 4. Respondent's last known address is 3673 Croal Tree Circle, Coconut Creek, Florida 33073. | 5. _ __Réspondent was employed at South Miami Hospital. 6. Respondent submitted to a drug screen requested by her employer. 7. The aforementioned drug screen returned positive for Marijuana. 8. Respondent did not have a valid prescription or valid medical reason for using Marijuana. 9. Marijuana is a controlled substance under chapter 893, Florida Statutes, having the potential for physical and psychological dependence. Count I 10. Based on the foregoing, Respondent is subject to discipline pursuant to section 464, 018(1)(h), Florida Statutes, by violating Rule 64B9-8. 005(18), F.A.C., by testing positive for controlled substances under chapter 893 on an employer requested drug screen without a valid prescription or medical reason for using Marijuana. | il. Respondent entered monitoring through the Intervention Project for Nurses CPN), a : monitoring and referral Program for impaired nurses. — g monitored. by IPN, Respondent v was ‘evaluated by an IPN approved ev luator Respondent v was diagnosed with opiod dependent recommendation to participate in in intensive outpatient. ig monitore by IPN, Respondent tested positive for Barbituates. “15.7 "Respondent was eventually dismissed from IPN. QR erg \ w i YY 16. Respondent's continued unmonitored use/abuse of controlled substances . affects the Respondent's ability to Practice nursing with reasonable skill and safety to patients. Count II 17, Based on the foregoing, Respondent is subject to discipline Pursuant to Section 464.018(1)(j), Florida Statutes, for being unable to practice nursing with reasonable skill. and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other T type of material or as a result of any mental or physical condition. WHEREFORE, Petitioner Tespectfully request that the Board of Nursing enter an Order i imposing one or more of the following penalties: Revocation or suspension of Respondent's license, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, costs, and/or any other relief that the Board deems appropriate. Signed wie of iN ero , _, 1995] Robert G. Brooks, M.D. Secretary, Department of Health aopoa dust eae viata Nancy Snurkowski, Chief Attorney On Behalf of the Agency for | Health Care Administration COUNSEL FO PETITIONER: Reginald D. Dixén, Senior Attorney FBN: 0112925 Agency for Health Care Administration Allied Health Section Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 414 - 8576 RDD/id = PCP: LVL. DOM: /¢/de/¢ 7 S:\Nursing\Administrative Complaints\oneil-wines-c.doc riLeD ‘DEPARTMENT OF HEALTH EPUTY CLERK FRR He rE RE NE RE een emcee

Docket for Case No: 00-001507