Mar 12 2 : — MOR-12-2089 12125 @HCA " 008 te STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETET LONER, ¥. CASE NO. 2008-23064 HEATHER OLIVIA JORDAN, L.P.N., RESPONDENT. i ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Aciminisirative Compiaint before the Board of Nursing against Respondent, Heather Olivia Jordan, L.P.N., and in support thereof alleges: 1. Patitioner 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 Administrative Complaint, Respondent was a licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number LPN 9180445. P.a4/12 Mar 12 2009 12: MAR-12-2889 12:25 AHCA " 3. Respondent's address of record is 2811 Union Hill Church Road, Bonifay, Florida 32425. 4, Onor about September 29, 2008, Respondent was required by Doctors Memorial Hospital (DMH)}, = skilies nursing facility iocated in Bonifay, Fiorida, to supmMic tO an amployer-ordered random urine arug screen. 5. Onor about September 29, 2008, Respondent provided a urine sample for use in a drug screen requested by ner employer, The collector sealed the sampie, prepared a chain of custody form, and sent the sampie to LabCorp, in Research Triangle Park, North Carolina. 6. | The sample arrived at the LabCorp on or about September 30, 2008. 7. Onor about September 30, 2008, LabCorp scientists performed an initial drug screen of the sample using an enzyme immunoassay technique utilizing an automated analyzer. 8. Immunoassay is a drug testing method used for determining the presence of drugs in human biological fluids such as urine, Immunoassay measures the presence of drugs by adding to the specimen Department of Health v. Heather Olivia Jordan, L.P.N. 2 Case Number 2008-23064 7:\PSU\Nursing\Cowan, Casey\Drafted ACs\Crimes, Drugs, JPN\Jordan, Heather (LPN, positive test).doc P.@5/12 Mar 12 2009 12:44 MAR-12-2889 12:25 AHCA specific antibodies that bind with the drug being measured. The antibodies are identified, usually with an enzyme marker, enabling the scientist to determine the presence and amount of drug in the specimen. g, Utiiizing the immunoassay method, LabCorp sciantisrs determined Respondent's sampie rested positive for the presence of ampnetamines/metnampnetamines. 10. According to Section 893.03(2), Fiorida Statutes, amphetamines and methamphetamines are a Schedule 1 controlled substances that have @ high potential for-abuse and- have = currantly accepted but severely restricted medical use in treatment in the Linited States, and abuse of amphetamine and methamphetamine may lead to severe psychological or physical dependence. 11. On or about September 30 2008, LabCorp scientists conducted a confirmation test of the initial positive screen using a gas chromatography/mass spectrometry test (GC/MS). 12. GC/MS is a drug testing method that is different in scientific principle than the immunoassay method. A special instrument, the gas chromatographer, utilizes the chemical properties, such as boiling point, of chemical compounds in order to separate the compounds that are present Department of Health v. Heather Olivia Jordan, L.P.N. Case Number 2008-23064 P6712 ree ACE\Crimes, Drugs, SPN\Wordan, Heather (LPN, positive test) cee Mar 12 2009 12:44 . MAR-12-2889 12:26 AHCA P.ar712 in a specimen. After separating the compounds in the specimen, another instrument, the mass spectrometer, is used to identify each chemical compound, based on the compound's mass. 13, Fne sc/fMe jasc «20 confirmed = «6 the ~=—s Dassence oF ampheramines/metnampneramines in Respondent's urine sample. 14, On or apour Ocroper 14, 2008, a representative from DIMH notified Respondent by letter of her positive drug test and she was terminated for violating DMR’s drug and alcohoi policy. 45. On or about October 23, 2008, and again on or about November 17, 2008, Respondent was informed by the Department in a jetter of the positive drug test. The Department specifically informed Respondent that she may have violated Section 456.074(3), florida Statutes, and a copy of the statutory language was included in the {etter. 16. Section 456.072(1)(aa), Florida Statutes (2008), subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, on any confirmed pre-employment or empioyer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. Department of Health v. Heather Olivia Jordan, L.P.N. 4 Case Number 2008-23064 J:\PSU\Nursing\Cowan, Casey\Drafted ACs\Crimes, Drugs, IPNVordan, Heather (LPN, positive test).dac Mar 12 2009 12:44 MAR-12e-2849 12:26 AHCA 17. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2008). | 18. & © set forth above, Respondent tested positive Tor ampheramines/matnampnetamines on an ampioyver-ordered drug test. Respondent did nat provide a prescription for amphetamines/methamphetamines, or any other substance that might test positive for amphetamines/methamphetamines, and she did not have a jagitimate medical reason for-using amphetamines/methamphetamines., 19, Based on the foregoing, Respondent violated Section 456.072(1)(aa), Florida Statutes (2008), subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, on any confirmed pre-employment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. Department of Health v. Heather Olivia Jordan, LP.N. 5 Case Number 2008-23064 J:\PSU\Nursing\Cowan, Casey\Drafted &Cs\Crimes, Drugs, IPN\Jordan, Heather (LPN, positive test).doc P.ae712 Mar 12 2009 12:44 MAR-12-2889 12:26 AHCA P.@9712 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 licanse, restriction of practice, imposition of an administrative fine, issuance of @ reprimand, Diacement of the Respongent on Dromation, corractivé action, refund of faes pilied or collected, remedial education andyor any otner relief tnat tne Board deems appropriate. | SIGNED this 7 1al Gay of Nero lie 2008, Ana M, Viamonte Rose, M.D., M.P.H. State Surgeon General HN hoy cu L. CA Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0035536 DEPARTMENT OF HEALTH (850) 245-4640 Telephone DEPUTY CLERK (850) 245-4683 Facsimile CLERK Rachel Brooks DATE ja. 220 /CLC Reviewed and approved by: PCP Members: lL ayic paar Ut Zpraloy Department of Health v, Heather Olivia Jordan, L.P.N. 6 Case Number 2008-23064 J:\PSU\Nursing\Cowan, Casey\Drafted ACs\Crimes, Drugs, JPN\Jordan, Heather (LPN, positive test).doc (initials) (date) Mar 12 2009 12:45 MAR-12-2889 12:2? AHCA NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Fiorida 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 shall disciplinary matter, which may include attorney hours and casts, on the Respondent in addition to any other discipline impesec. Oepartment of Health v. Heather Olivia Jordan, L.P.N. 7 Case Number 2008-23064 3:\PSU\Nursing\Cowan, Casey\Drafted ACs\Crimes, Drugs, IPN\VJordan, Heather (LPN, positive test).doc P.1a@/12

Docket for Case No: 09-001269PL