AUG-@8-2087? 18:58 AHCA Fug & 2007 10:55 w P.@S STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, We CASE NO. 2005-51045 TONGA DENISE SIMMONS, L.P.N., RESPONDENT. ADMINISTRATIVE. COMPLAINT: eee COMES NOW, Petitioner, Department of Health, by and throug undersigned counsel, and files this Administrative Complaint withthe Boar of Nursing against the Respondent, Tonga Denise Simmons, L.P.N., and in: support thereof alleges: 1. Petitioner is the state department charged. with regulating th practice of nursing pursuant to Section 20.43, Florida Statutes; Chapt 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this” Complaint, Respondent was licensed practical nurse (LP.N.) within the state of Florida, having be issued license number PN 5153585. Department of Health v. TONGA DENISE SIMMONS, L.P.N, Case Number 2005-51045 ; J\PSU\Nursing\Brandy\ACs\ Testing Positive - Below Standards\Simmons05-51 045-pre-emp coke.doc Aug 8 200P 1o:a3 AUG-BE-2007 10:59 AHCA P.a4 w 3. Respondent’s address of record is 940 Lockhart Street, Daytona. Beach, Florida 32114. 4. Onor about March 10, 2003, Respondent submitted: to a pre- employment drug screen. 5.. On or about March 10, 2003, Respondent's urine drug screen analysis indicated the presence of cocaine. 6. On or ‘about November 13, 2003, Respondent submitted to a IPN ordered random drug screen which returned positive for cocaine. 7. Respondent did not have a lawful prescription or: ‘legitimate reason for using cocaine. 8. Cocaine isa Schedule I controlled substance Iisted in Chapte 893, Florida Statutes. Cocaine has a high potential for abuse and it use i severely restricted in the United States. Abuse of cocaine may lead » severe physical ‘and psychological dependence. 9, TPN is the impaired nurses program for the Board of Nursin pursuant to Section 456.076, Florida Statutes. IPN is an independe program which monitors the evaluation, care and treatment of impa nurses. IPN oversees random drug screens and provides for the exchan Department of Health v. TONGA DENISE SIMMONS, L-P.N. Case Number 2005-51045 J-APSU\Nursing\Brandy\ACs\ Testing Positive - Below Standards\Simmons05-51045-pre-emp coke.doc PGES 200 1S AHA Aug 8 2007 10:34 ~ ee" of information between treatment providers and the Department for the | protection of the public. 10. section 464.018(1)(0), Florida Statutes (2002, 2003), ‘provides that failing to meet minimal standards of acceptable and prevailing nursing practice constitutes grounds for disciplinary action by the Board of Nursing. “Ai. Rule gap9-8.005(2)(W), Florida Administrative Code, provides | that failing to meet or departing from minimal standards of acceptable and. prevailing nursing practice includes testing positive for any drugs under. Chapter 893, Florida Statutes, on any drug screen when the nurse does not have a prescription and legitimate medical reason for using any such drugs. 12. On or about March 10, 2003 and November 43, 2003, Respondent failed to meet minimal standards of acceptable and prevailing nursing practice by testing positive for cocaine, 4 controlled substance: under Chapter 893, Florida Statutes, on @ pre-employment drug scree (March 10, 2003) and an IPN ordered drug screen (November 13, 200 without a lawful prescription oF legitimate medical reason for..using such drug. 13. Based on the foregoing, Respondent has violated Secti 464.018(1)(n), Florida Statutes (2002, 20036), by failing to meet mini Department of Health v- TONGA DENISE SIMMONS, L.P.N- “ase Number 2005-51045 SgU\Nursine\Brandy\ACs\ Testing Positive - Below standards\Simmons05-51045-pre-emP coke.doc AUG-B8-20a7 11:08 PHA Aug & 200? 10:34 we standards of acceptable and prevailing nursing practice as further defined by Rule 64B9-8.005(2)(k), Florida Administrative Code, by testing positive for cocaine on a pre-employment drug screen (March 10, 2003) and an IPN : order drug screen (November 13, 2003), when Respondent. did not have a lawful prescription or legitimate medical reason for using such a drug. ‘WHEREFORE, Petitioner requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanen revocation or suspension of Respondent's license, restriction of. practice _ imposition of an administrative fine, issuance of a reprimand, placement 0 Respondent on probation, corrective action, refund of fees billed o collected, remedial education and/ rany other relief that the Board deem appropriate. _ SIGNED this sp day of Co part , 2006. M. Rony Francois, M.D., M:S.RH., Ph.D. Secreta epartyfen f Health oooh PR CLERK: DATE, Assistant Géneral ‘Counsel DOH Pros¢tution Services Unit 4052 Bald/Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0567027 (850) 245-4640 (850) 245-4683 (fax) Department of Health v. TONGA DENISE SIMMONS, L-P.N. Case Number 2005-51045 J:\PSU\Nursing\Brandy\ACs\ Testing Positive - Below Standards\Simmons05- -51045-pre-emp coke.doc AUG-B8-2087 11:0 AHCA Aug 8 2007 10°58 ’ . RF/bbr PCP: U| (Alo lo _, 2006. PCP Members: cn ce NOTICE OF RIGHTS a 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 call 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 shalf assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs on Respondent in addition to any other discipline imposed. Department of Health vy. TONGA DENISE SIMMONS, L.P.N. ; Case Number 2005-51045 ; J:A\PSU\Nursing\Brandy\ACs\Testing Positive - Below Standards\Simmons05-51045:pre-eimp, coke. doc TOTAL F.&?

Docket for Case No: 07-003589PL