DEC-19-2087 15:28 Dec 19 2007 15:08 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NO. 2007-01761 JUSTINE RENEE BATSCH, CRT, RESPONDENT. —+e—_‘“‘C;C;CCCrLS ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files — this Administrative Complaint (Complaint) against Respondent Justine Renee Batsch, CRT and in support alleges: 1. Petitioner is the state agency charged: with regulating the practice of radiologic technology pursuant to Section 20.43 and Chapter 468, Part IV, Florida Statutes. 2. At all times material to this Complaint, Respondent was a certified radiologic technologist within the state of Florida, having been issued certificate number RT 61143. She is qualified as a nuclear ‘medicine technologist. J:\PSU\Medical\8JO RT\Cases2007\Batach,J 07-1761\AC090307.doe 1 10-0 Dec 19 2007 15:08 DEC-19-2087 15:28 P.a4 3. The address of record for Respondent is 17952 South East CR 452, Umatilla, Florida 32784. , 4. On October 13, 2006, Respondent was arrested on two criminal charges: 1. possession of hydrocodone and 2. unlawful acquisition or attempt to acquire a controlled substance by fraud. Respondent had stolen a prescription pad from her employer physician and wrote prescription orders to herself for hydrocodone. She subsequently presented the fraudulent prescription orders to a pharmacy and the hydrocodone was dispensed to her. 5. Hydrocodone is a controlled substance; it is habit-forming and can lead to physical and psychological addiction. The effects of the use of hydrocodone on the consumer include dizziness, lightheadedness, nausea, drowsiness, euphoria, vomiting, mood changes, mental confusion, anxiety, and lethargy. Pure hydrocodone and forms containing more than 15 mq per dosage unit are Schedule IT drugs. Those containing less than or equal to 15 mg per dosage unit in combination with non-controlled drugs are Schedule III drugs. 6. Schedule II controlled substances are drugs that have a high potential for abuse, that have currently accepted medical uses in treatment in the United States or currently accepted medical uses with severe J.\PSU\Medical\8JO RT\Cases2007\Batsch,J 07-1761\AC090307.doc , : a Dec 19 2007 15:08 DEC-19-2087 15:29 restrictions, ‘and that abuse of which drugs may lead to severe psychological or physical dependence. 7, Schedule III controlled substances are drugs that have a potential for abuse less than the drugs or other substances in Schedules I and Il, that have currently accepted medical uses in treatment in the United States, and that abuse of which drugs may lead to moderate or low physical dependence or high psychological dependence. 8. Professionals Recovery Network (PRN) is the impaired practitioner program for the Department of Health, an independent entity that facilitates and monitors the evaluation and treatment of impaired healthcare professionals for the protection of the public. Raymond M. Pomm, M.D. is the Medical Director of the PRN and is charged with responsibility for the oversight of the program and documentation of compliance with PRN contracts, 9. On November 13, 2006, Respondent contacted PRN by telephone. She self-reported that she has a “problem” with hydrocodone and that she wrote prescriptions to herself for hydrocodone. Respondent has been treated for depression since she was 17 years of age; and she had been prescribed Cymbalta for the condition at the time of the contact with PRN, J:\PSU\Medical\BI0 RT\Cases2007\Batsch,3 07-1761\AC090307 doc 3 Dec 19 200? 15:09 DEC-19-2087 15:29 \ 10. During the November 13 telephone discussion with Respondent, PRN directed Respondent to be evaluated by a PRN approved evaluator. . 11, By letter dated November 15, 2006, from Dr Pomm for PRN to Respondent, PRN explained to Respondent that she had been referred for evaluation to her choice of one of the named PRN approved practitioners and stated that the evaluation must be scheduled by November 30, 2006. 12. An appointment for the evaluation was scheduled for November 30, 2006; Respondent cancelled the appointment on November 29. To date, the evaluation has not been performed. 13. Respondent entered a residential treatment facility on November 20, 2006. PRN learned of this treatment on December 7, 2006, through the mother of Respondent in response to the efforts of PRN to contact Respondent. 14. By letter dated December 7, 2006, from PRN to Respondent, PRN extended the time to schedule an appointment for the PRN approved evaluation to December 13, 2006 with notice of the appointment to PRN by that date and to complete the evaluation by December 22, 2006. 17. PRN learned on January 8, 2007, that Respondent had been discharged from 2:\PSU\Medical\B0 RT\Cases2007\Batsch,J 07-1761\AC090307.doc 4 Dec 19 200? 15:09 DEC-19-2087 15:29 the treatment facility on January 3, 2006; Respondent had not informed PRN of her discharge and change of address. 15. Respondent contacted PRN on December 12, 2006. PRN explained to Respondent that she was out of compliance with PRN requirements in that she had failed to inform PRN of a change in her address and of her participation in the residential treatment, a 16. On December 14, 2006, PRN provided certain documents, to ° the counselor for Respondent at the treatment facility, that Respondent | was required to complete and return to PRN; the documents would authorize PRN to be informed of her progress, to track her progress in treatment, and to consult with the } treatment professionals. These documents were not returned to PRN. Respondent did not contact PRN any further. 17. PRN fearned on January 8, 2007, that respondent had been discharged from the treatment facility on January 3, 2006; Respondent had not informed PRN of her discharge or change of address. 18. On January 16, 2007, PRN referred Respondent to the Department stating that she was not in compliance with PRN requirements and recommendations, that she was not in compliance with the direction of PRN to be evaluated by a PRN approved evaluation, and that absent PRN J:\PSU\Medlical\BJO RT\Cases2007\Batsch,] 07-1761 \ACD90307.doc 5 DEC-19-2087 15:29 Dec 19 200? 15:09 monitoring her practice as a radiologic technologist presented a danger to the public. 19. The practice of radiologic technology with skill and safety, among other things, limits the exposure of patients to that radiation minimally necessary to create a usable, accurate diagnostic image. Excessive exposure to radiation can result, in the short term, in skin burns, severe skin disfigurement, or skin death and, in the long term, cancer and sterility. Faulty images can cause a false or missed diagnosis. Appropriate placement of patients prior to exposure and proper operation of the imaging equipment are critical in minimizing radiation exposure and producing usable, accurate images in the interest of the public health, safety, and welfare. , The practice of radiologic technology requires the physical coordination to assist where necessary a patient in mounting of and placement on the table. Clear thinking and good motor skills are critical to anticipation of and timely and proper reaction to unexpected patient movement. Further, a nuclear medicine technologist is responsible for the safe transportation of radiation materials; improper handling can result in contamination not only of the patient but the entire facility as well. JAPSU\Medical\BIO RT\Cases2007\Batsch,J 07-1761\AC090307.doc 6 Dec 19 200? 15:09 DEC-19-2087 15:38 P.@9 20. Qualities essential to performance of the duties and responsibilities of a radiologic technologist with reasonable skill and safety are good judgment and good moral character, both of which are compromised by use of substances that impair functioning. . COUNT ONE 21. Petitioner realleges and incorporates paragraphs 1 through 20 as if fully set forth here. 22. Section 468.3101(1)(g), Florida Statutes (2006), provides that . the inability to practice radiologic technology with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or other materials or as a result, of any mental or physical condition, constitutes ground for disciplinary action against the certificate of a radiologic technologist by the Department. 23. Respondent is not able to practice radiologic technology with reasonable skill and safety in violation of Section 468.3101(1)(g), Florida - Statutes, by her use of hydrocodone while suffering diagnosed depression coupled with her failure to be monitored by PRN. COUNT TWO 24. Petitioner realleges and incorporates paragraphs 1 through 20 as if fully set forth here. J4:\PSU\Medical\BJO RT\Cases2007\Batsch,] 07-1761 \AC090307.doc 7 Dec 19 200? 15:10 DEC-19-2087 15:38 P.18 25. Section 468,.3101(1)(n), Florida Statutes (2006), provides that failing to comply with the recommendations of the Department impaired - practitioner program for treatment, evaluation, or monitoring constitutes ground for disciplinary proceedings by the Department. 26. Respondent violated Section 468.3101(1)(n), Florida Statutes, by failing to comply with the requirements and recommendations of PRN by failing to attend an evaluation with a PRN approved evaluator and by failing to participate in monitoring by PRN. COUNT THREE 27. Petitioner realleges and incorporates paragraphs 1 through 20 as if fully set forth here. 28. Section 468.3101(1)(i), Florida Statutes (2006), provides that violating any provision of this part, any rule of the Department, or any lawful order of the Department previously entered in a disciplinary proceeding or failing to comply with a lawfully issued subpoena of the Department constitutes ground for disciplinary proceedings by the Department. | 29. Rule 64E+3.011(1)(f), Florida Administrative Code, provides that being habitually intemperate, addicted, in illegal possession, sale, or J:\PSU\Medical\QJO RT\Cases2007 \Batsch,] 07-1761 \AC090307.doc § Dec 19 200? 15:10 DEC-19-2087 15:38 P.ii distribution of habit-forming drugs constitutes ground for disciplinary proceedings by the Department. 30. Respondent has violated Section 468. 3101(1)(H), Florida Statutes, by violating any rule of the Department by violation of Rule 64E- 3.011(1)(f), Florida Administrative Code, by addiction to and illegal possession of hydrocodone. WHEREFORE, Petitioner respectfully requests that the Department enter an order imposing one or more of the following penalties on — Respondent: permanent revocation or suspension of certificate, restriction of practice, administrative fine, reprimand, probation, corrective action, | refund of fees billed or collected, remedial education, and any other relief that the Department deems appropriate. an SIGNED this