ww) ed PleD STATE OF FLORIDA ' . - . BO. OF NURSING THMISEIN 8 : ADMINISTRALVE DEPARTMENT OF HEALTH, HEARINGS Petitioner, 6 0 -| q % D vs. 96-15393 JOSEPH MICHAEL RACZ, Respondent. / ADMINISTRATIVE COMPLAINT . Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as ‘Petitioner’, files this Administrative Complaint before the Board of Nursing against JOSEPH MICHAEL RACZ, hereinafter referred to as “Respondent”, and alleges: 1. Effective July 1, 1997, 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)(H, Florida Statutes, 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, licensed as a REGISTERED nurse, have been issued license number RN 2942372. 4. San Leandro, California 94578. Respondent’s last known address is 2600 San Leandro Blvd. Apt 1312, 3 .O YU 5. At all times material hereto, Respondent was employed by Columbia Cedars Medical Center (Cedars) in Miami, Florida. - 6. On or about October 10] 1996, the Respondent suffered a seizure while on duty. 7. On or about October 10] 1996, Cedars’ staff found one (1) empty pre-filled Demerol 100 mg cartridge and one (1) partially filled Demerol 75 mg. 8. On or about October 10, 1996, an audit of facility records revealed that the Respondent had removed multiple doses of injectible Demerol from the narcotics drawer without physician orders to do so. : 9. On or about October 11] 1996, Respondent admitted to the nurse director of the emergency department that he had a drug problem. . Count I 10. __ Petitioner realleges and incorporates the allegations of fact contained in the foregoing paragraphs one (1) through nine (9) as if fully stated herein. 11. Based on the foregoing] Respondent is subject to discipline pursuant to section 464.018(1)(1), Florida Statutes, by engaging in the possession of a controlled substance under chapter 893, Florida Statutes, for other than legitimate purposes. Count I 12, Petitioner realleges and incorporates the allegations of fact contained in the foregoing paragraphs one (1) through nine (9) as if fully stated herein. 13. Based on the foregoing, Respondent is subject to discipline pursuant to ’ section 464.018(1)G), Florida Statutes, by being unable to practice nursing with reasonable skill ahd safety to patients due to the use of alcohol, drugs and/or narcotics. AY YW WHEREFORE, Petitioner respectfully requests the Board of Nursing enter an Order imposing one or more of the following penalties: imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, an/or any other relief that the Board deems appropriate SIGNED iS Dhes of Orble ox, 1999" : Douglas M. Cook Director COUNSEL FOR (A9 ENCY: Reginald D. Dix$uSenior Attorney Florida Bar Number: 0112925 Agency for Health Care Administration! Allied Health Section Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 414 - 8576 RDD/rd pep: UB / U # Mm cy M. Snurkowski, Chief Attomey On Behalf of the Agency for Health Care Administration FILED -. DEPARTMENT OF HEALTH EPUTY CLERK CLERK Ramer, Shur DATE “QS 9S pom: 9- 30 -97¥%

Docket for Case No: 00-001932