STATE OF FLORIDA - % DEPARTMENT OF HEALTH ; DEPARTMENT OF HEALTH 0 L ; Petitioner, vs. Case No. 2000-01509 LISA ARNOLD, R.N., 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, LISA ARNOLD, R.N., (hereinafter referred to as “ARNOLD”), and in support thereof alleges: . 1. The Department of Health (hereinafter referred to as “Department”) is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; and Chapters 456 and 464, Florida Statutes. . 2 “Pursuant ‘to the authority of Section 20. 43089 ), Florida Statutes, the 3. ARNOLD has - eee all, times pertinent to this Order been a ly licensed 7 Beach, Florida 33483. oR na ‘ 4. At all times material to this Order, ARNOLD was employed as a registered nurse at The Center For Plastic Surgery, 1511 Forest Hill Boulevard, Suite 101, Building A, Lake Clarke Shores, Florida. 5. On or about February 3, 2000, at approximately 12:00, police and emergency rescue personnel responded to a 911 call from employees at the premises of The Center For Plastic Surgery, and attended to ARNOLD who was in obvious distress. 6. ARNOLD was ‘observed by police to be Standing next to an examining table with an intrarvenous-drip in her left arm, and a syringe in her left hand. When asked by police what she was doing with the syringe, she replied that she was putting drugs in her IV. Police observed four drawers near the sink in the staff restroom containing bloody syringes, used rubber gloves, and numerous empty bottles of various _ prescription drugs. 7. Palm Beach County Fire Rescue arrived on the scene and transported ARNOLD to the JFK Medical Center, 5301 South Congress Avenue, Atlantis, Florida. 8. Examination of ARNOLD at JFK Medical Center on February 3, 2000, resulted in her being diagnosed as _being symptomatic: of intravenous drug use. “ARNOLD. reported to attending physicians that she had been injecting Demerol into her - veins at her work site for the past several weeks. 9, JFK medical Center re orted the it incident to AHA, which undertook an “investigation, commencing February 3, 2000. 10. AHCA requested that ARNOLD submit to an examination by a qualified . Practitioner to determine her fitness to practice nursing. ARNOLD's counsel agreed to produce her for same. ARNOLD was examined by Dr. Neville S. Marks, M. D., a board certified forensic psychiatrist, on df About October 6, 2000. 11. Dr. Marks’ report was not furnished to AHCA until on or about January 10, 2001. Dr. Marks found after interviewing and examining ARNOLD, and reviewing her records, and consulting with her prior treating professional, that there is sufficient evidence from a variety of collateral sources to give credence to a diagnosis of chemical dependency to opiates. Dr. Marks recommended that she be treated as a chemically dependent professional who should be enrolled in the nurse’s recovery program if she wishes to continue to work in the field of nursing where medications are readily available, and that with her history this would be a constant source of temptation v without — the support of a recovery network. 42. Concurrently with the report of Dr. Marks, counsel for ARNOLD fumished a report of Dr. Harold P. Schwarz, on or about January 10, 2001. Dr. Schwarz evaluation, dated December 27, 2000, was purportedly based on an examin December 26, 2000, and opined that ARNOLD was competent to practice nursing with reasonable skill and safety to > patients, Dr. Schwarz’ "evaluation id not menti ion her history of | prior treatment. — a i oes 13, ACHA then re-interviewed the pertinent witnesses, and concluded that Dr. Marks’ evaluation was clear and convincing. As of the filing of this Order ARNOLD has - failed to enroll or participate in an approved nurses’ recovery program. 14. Demerol is a Schedule 1! controlled substance under Section 893.03(2), Florida Statutes. A substance in Schedule II has a high potential for abuse and has currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. =o ne 15. | ARNOLD's continued practice as a licensed registered nurse constitutes an immediate and serious danger to the public in that ARNOLD ‘has been diagnosed with chemical dependence on opioids. ARNOLD’s untreated chemical dependence impairs her ability to function as a registered nurse with skill and safety to patients, ‘due to the effect of controlled substances to an individual's mental state, including impairment of judgment. Count | 16. Petitioner realleges and ‘incorporates by reference the allegations of fact contained in paragraphs one (1) through fifteen (15) as if fully stated herein. . 17. Based upon the foregoing findings of fact, the Respondent's license is subject to discipline pursuant to Section 464.018(1)(), 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, chemicals, or any other type of material orasa result of any mental or physical condition. . Count Il orpor rates by reference ‘the allegations of fact contained in n paragraphs one (1) hrstige fifteen (18) as if fully stated herein 19.. Based upon the foregoing findings of fact, the Respondent's license is subject to discipline pursuant to Section 464.018(1)(h), Florida Statutes, by - unprofessional conduct, which includes, but is not limited to, any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice. WHEREFORE, Petitioner respeétfully request that the Board of Nursing enter an Order imposing one or more of the following penalties: Revocation or suspension of © Respondent's license, imposttion 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 hday of 200. obert G. Brooks, M.D. Secretary, Department of Health BY: Nancy Snurkowski, Chief Attorney On Behalf of the Agency for Health Care Administration . bebe x UT ’ COUNSEL FORTHE PETITIONER: DEPART Reginald D. Dixon, Senior Attorney FBN: 011293 Agency for Héalth Care Administration can em Allied Health Section ps Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 414 - 8576 RDD/rd PCP: Gotschall & Malasanos DOM: 7-12-01

Docket for Case No: 01-003595PL