col STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, VS. , Case No. 2000-06 MARY MCNEELY, 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, MARY MCNEELY, and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 20, 456, and 464, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(9), 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, a licensed REGISTERED NURSE in the State of Florida, having been issued license number RN 2218032. e 4. Respondent's last known address is 2109 Cambridge Drive, Tallahasse, Florida 32304 and/or 403 Hayden Road, #1 09, Tallahasse, Florida 32304. 5. On or about April 11, 2000, Respondent tested positive for a drug under Chapter 893 on a pre-employment or employer ordered drug screen without a prescription and legitimate medical reason for using such drug, to wit: Respondent tested positive for Cocaine on an employer ordered drug screen without having a prescription and legitimate medical reason for using Cocaine. 9. 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 any drugs under Chapter 893 on any pre-employment or employer ordered drug screen when the nurse does not have a prescription and legitimate medical reason for using such drug. WHEREFORE, Petitioner respectfully request that the Board of Nursing enter an Order 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 this Stday of Deg rn bow HAD. 9 Robert G. Brooks, M.D. , Secretary, Department of Health Los BY: © Nancy Snurkowski, Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FO E PETITIONER: Reginald D. Dixpyf, Senior Attorney FBN: 0112925 Agency for Heath Care Administration Allied Health Section Post Office Box 14229 . Tallahassee, Florida 32317-4229 (850) 414 - 8576 RDDitd PCP: CCv AL pom:7 Hh 000 Tole DEPARTMENT OF HEALTH DEPUTY CLERK cLerK Ysbi R. kean DATE 29 lo2

Docket for Case No: 01-003039PL