Jul 31 2006 16:59 JUL-31-2086 17:15 aa ee 4 P3412 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-22217 DAVID PETERSON, A.R.N.P. RESPONDENT. ee / 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 Respondent, David Peterson, A-R.N.P., and in support thereof alleges: , 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Complaint, Respondent was a advanced registered nurse practitioner (A.R.N.P.) within the state of Florida, having been issued license number RN 2629912, Department of Health v. David Peterson, AR.NP. i Case Number 2004-22217 JAPSU\Nursing\Reynolds\AC"s\Peterson AC. - minstand-aidingunlicensed.doc Jul 31 2006 17:00 JUL-31-2686 17:15 AHCA P.Bd/1e a 3. Respondent's address of record is 18090 Collins Avenue #113, Sunny Isles, Florida 33160. 4. At all times material to this Complaint, Respondent was . employed as an advanced registered nurse practitioner (A.R.N.P.) at The Novella Group, Inc. (Novella), with offices located in Fort Lauderdale and Miami. 5. At all times material to this complaint, Respondent was working at the Fort Lauderdale office which was not registered as a licensed massage establishment or a licensed healthcare clinic. 6. On or about February 6, 2004, investigators toured the Fort Lauderdale office and observed an employee going into a room with a patient in order to administer massage therapy. 7. The employee was not a licensed massage therapist. 8. On three separate dates the investigator either telephoned or personally visited the Fort Lauderdale office and made an appointment for a massage, 9. On or about May 6, 2004, investigators observed Respondent filling out blank prescription sheets that were pre-signed by a physician who was not present in the office. Department of Health v. David Peterson, A.R.N.P. 2 Case Number 2004-22217 JAPSU\Nursing\Reynolds\AC's\Peterson AC - minstand-aidingunlicensed doc Jul 31 2006 17:00 JUL-31-2086 17215 AHCA PBS 12 ry “ 10. On or about May 6, 2004, Respondent wrote prescriptions for controlled substance on the pre-signed prescription sheets. 11. Respondent wrote prescriptions for Soma and Restoril. 12. Soma contains carisoprodol, which is a Schedule IV controlled substance under Chapter 893, Florida Statutes. It is a muscle relaxant used as an adjunct to rest, physical therapy, and other measures for the. relief of discomfort associated with acute, painful musculoskeletal conditions. The effects of carisoprodol and other central nervous system depressants may be additive. A substance in Schedule IV has a low potential for abuse, and a currently accepted medical use in treatment. Abuse of this substance may lead to limited physical or psychological dependence. 13. Restoril contains temazepam, a schedule IV_ controlled substance indicated for the relief of insomnia. The abuse of temazepam can lead to physical or psychological dependence. 14. A.R.N.P.’s do not have the authority to write prescriptions for controlled substances. 15. On or about July 7, 2004, the investigator made an appointment for a massage. He met an employee at the front door Department of Health v. David Peterson, A-R.NP. 3 Case Number 2004-22717 JAPSU\Nursing\Reynolds\4C's\Peterson AC - minstand-aidingunlicensed.doc Jul 31 2006 17:00 JUL-31-2686 17:16 AHCA P.H6“1e e and was informed she would be ready to give him a massage in approximately 15 minutes. 16. Shortly thereafter, the. receptionist sent investigator to the rear of the building for message preparation. 17. At that time, the investigator identified himself as a DOH investigator and served the employee and the physician with a Cease & Desist Order. 18. The employee made statements about her illegal practice of massage therapy. 19. Respondent alleges the employee was working under the Respondent's nursing license and was therefore allowed to give patients massages. 20. It was subsequently determined that Respondent failed to file his A.R.N.P. protocol with the Department of Health on an annual basis. 21. Further, it was discovered that Respondent's medical malpractice insurance expired in 2001. Department of Health v. David Peterson, A-R.N-P. 4 Case Number 2004-22217 FAPSU\Nursing\Reynolds\AC's\Peterson AC - minstand-aidingunlicensed.doc Jul 31 2006 17:01 ~*~ JUL-31-2886 17:16 AHCA P. Beste . COUNT ONE 22. Petitioner realleges and incorporates paragraphs one (1) through twenty-one (21), as if fully set forth herein. 23. Section 464.018(1)(0), Florida Statues (2004), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto, constitutes grounds for discipline by the Florida Board of Nursing. 24. Rule 64B9-4.010(3) Florida Administrative Code, provides that an A.R.N.P.’s protocol shall be filed with the Department of Health yearly, and a copy shall be kept at the site of practice to each party of the protocol. 25. Respondent failed to file an annual protocol with the Department of Health. 26. Based on the foregoing, Respondent violated Section 464.018(1)(0), Florida Statues (2004), violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto, as further defined by Rule 64B9-4,010(3) Florida Administrative Code, which requires a filing of protocols. Department of Health v. David Peterson, A.R.N.P. 5 Case Number 2004-22217 JAPSU\Nursing\Reynolds\AC's\Peterson AC - minstand-aidingunlicensed.doc Jul 31 2006 17:01 | i JUL-31-2686 17:16 , AHCA P.@8/12 COUNT TWO 27. Petitioner realleges and incorporates paragraphs one (1) through twenty-one (21), as if fully set forth herein. 28. Section 464.018(1)(0), Florida Statues (2004), provides that violating any provision of this chapter or chapter 456, or any rules: adopted pursuant thereto, constitutes grounds for discipline by the Florida Board of Nursing. . 29. Rule 64B9-4.002(5) Florida Administrative Code, provides that all A.R.N.P.’s shall carry malpractice insurance or demonstrate proof of financial responsibility. 30. Respondent's medical malpractice insurance expired on March 31, 2001 and no demonstration of financial responsibility has been provided. 31. Based on the foregoing, Respondent violated Section 464.018(1)(0), Florida Statues (2004), in that he violated: Rule 64B9- 4.002(5) Florida Administrative Code, which requires medical malpractice insurance or proof of financial responsibility. Case Number 2004-22217 J:APSU\Nursing\Reynolds\AC's\Peterson AC - minstand-aidingunlicensed.doc Jul 31 2006 17:01 “7 JUL-31-2086 17:17 ro AHCA PBs COUNT THREE 32. Petitioner realleges and incorporates paragraphs one (1) through twenty-one (21), as if fully set forth herein. 33. Section 456.072(1)(j), Florida Statutes (2004), provides that aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to chapter 464, 456, or the rules of the department or the board constitutes grounds for discipline by the Florida Board of Nursing. 34. Respondent engaged in aiding, assisting, employing, or advising an unlicensed employee to administer massages without a massage therapy license. 35. Based on the foregoing, Respondent violated Section | 496.072(1)(), Florida Statutes (2004), by aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to chapter 456, 464, or the rules of the department or the board. COUNT FOUR 36. Petitioner realleges and incorporates paragraphs one (1) through twenty-one (21), as if fully set forth herein. Department of Health v. David Peterson, A.R.N.P. 7 Case Number 2004-22217 . FAPSU\Nursing\Reynolds\AC's\Peterson AC - minstand-aidingunlicensed.doc Jul 31 2006 17:02 ry JUL-31-2886 17:17 AHCA P. arte . 37. Section 464.018(1)(n), Florida Statues (2004), provides that failing to meet minimal standards of nursing practice constitutes grounds for discipline by the Florida Board of Nursing. 38. Rule 64B9-8.005(2)(n), Florida Administrative Code, provides that failing to meet minimal standards of nursing practice shail include acting beyond the scope of the licensee’s license, educational preparation or nursing experience. 39. Respondent failed to meet minimal standards of prevailing nursing practice by acting beyond the scope of his license when he utilized blank, pre-signed prescription pads to prescribe controlled substances to patients. 40. Based on the foregoing, Respondent violated Section 464.018(1)(n), Florida Statutes (2004), failing to meet minimal standards of prevailing nursing practice as further defined by Rule 64B9-8.005(2)(n), Florida Administrative Code, by acting beyond the scope of his license, educational preparation or nursing experience. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's Department of Health v. David Peterson, A-R.N.P. 8 Case Number 2004-22217 JAPSU\Nursing\Reynolds\AC's\Peterson AC - minstand-aidingunlicensed.doc Jul 31 2006 17:02 JUL-31-2686 17:18 a4 AHCA P.di7le FF ao, : license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this_‘) day of my 200”. | M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health muco UW CEPARTIENT OF HEALTH Elien M. Simon CLERK y) a oN bate Assistant General Counsel DOH Prosecution Services Unit CATE_annmtonincaamm: 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0976792 © (850) 245 - 4640 Telephone (850) 245 -— 4683 Facsimile /BER Uf- Reviewed and approved by: (initials) 222-0 (date) Pcp: 4 |i lop PCP Members: a. cane Department of Health v, David Peterson, A.R.N-P. 9 Case Number 2004-22217 JAPSU\Nursing\Reynolds\AC's\Peterson AC - minstand-aidingunlicensed doc Jul 31 2006 17:02 JUL-31-2686 17:18 AHCA P.i2/l2 t ro NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to cail and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. Department of Health v. David Peterson, AR.N.P. 10 Case Number 2004-22217 JAPSU\Nursing\Reynolds\AC’s\Peterson AC - minstand-aidingunlicensed,doc TOTAL P.12

Docket for Case No: 06-002763PL