YU ow) o STATE OF FLORIDA ILE D DEPARTMENT OF HEALTH 60 AY C-3 PH 3:95 DEPARTMENT OF HEALTH, ccnp on ve HEARNGS ” PETITIONER, vs. CASE NUMBER: 99-04853 MAMIE LULA COGER RUSS ~ 2, |" | ¢ RESPONDENT. 0° / . ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Nursing against MAMIE LULA COGER RUSS, 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 Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(f), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. . 2. Respondent is, and has been at all times material hereto, a licensed PRACTICAL Nurse in the state of Florida, having been issued license number PN 40395-1. Respondent’s last known address is P.O. Box 1342, Cross City, Florida 32628. 3. At all times material hereto, Respondent was employed by Family Medical Practice. VY . ~ 4. Pursuant to Chapter 893, Florida Statutes, Fioricet, Valium, Diazepam, and Vicodin are controlled substances. 5. On or between January 4, 1999, and June 18, 1999, Respondent telephoned in or presented prescriptions for Fioricet, Valium, Diazepam, and Vicodin under the alleged authority of Louis Jensen, M.D. to Cheek Pharmacy, U.S. Highway 19, Evansville Square, Cross City, Florida. 6. Dr. Jensen denies authorizing all of the aforementioned prescriptions. 7. Respondent did not have a valid prescription for or a legitimate purpose engaging in the possession of all the aforementioned controlled substances. 8. Respondent is not qualified by educational preparation or nursing experience, nor does the Nurse Practice Act authorize Respondent to obtain controlled substances without proper - authorization of a licensed health care professional licensed to authorize such prescriptions. Count I 9. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 10. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.018(1)(h), Florida Statutes, unprofessional conduct as defined by Rule 64B9-8.005(15), Florida Administrative Code, by practicing beyond the scope of the licensee’s license, educational preparation, or nursing experience. Count II ll. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. VY . YW - 12. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.018(1)(i), Florida Statutes, by engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in Chapter 893, for any other than legitimate purposes authorized by this chapter. WHEREFORE, Petitioner respectfully requests the Board of Nursing enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this day of \ \A Qhan , 2000. Dr. Robert G. Brooks, M.D., Secretary - Department of Health FILED | | DEPARTMENT OF HEALTH DEPUTY CLERK cuenk Yehi RM pate__ 27 //- 2709 cy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR P’ Chris Steinhaus, StaffAt Florida Bar Number CL Agency for Health Care Administration Practitioner Regulation P.O. Box 14229 Tallahassee, FL 32317-4229 (850) 414-8576 CIJS/cjs PCP:¢ VA DATE: vps Yuoee

Docket for Case No: 00-003197PL