MAY-11-2BB9 17:41 May 11 2003 16:58 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2008-20006 LAWRENCE HAROLD SHAW, JR., R.N.; RESPONDENT. —_— ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Lawrence Harold Shaw, Ir, R.N., 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 Administrative Complaint, Respondent was a registered nurse (R.N.) within the state of Florida, having been issued license number RN 3304522. MAY-11-2889 17:41 AHCA May 11 2009 16:08 3. Respondent's address of record Is 1129 Southampton Dr., Port Orange, Florida 32129. 4. On or about November 25, 2002, Respondent was reported to the Intervention Project for Nurses (IPN) by his employer, St. Luke's Hospital in Jacksonville, Florida, because of a positive result on a recent employer-ordered drug screen. 5. IPN ig the impaired practitioner program for the Board of Nursing, pursuant to Section 456.076, Florida Statutes. IPN is the program that monitors the evaluation, care and treatment of impaired nurses. IPN oversees random drug screens and provides for the exchange of information between treatment providers, evaluators and the Department for the protection of the public. 6. On or about April 26, 2003, Respondent entered into an advocacy contract with TPN. 7. Onor about May 4, 2005, Respondent entered into a second advocacy contract with IPN. 8. On or ahout January 7, 2006, Respondent entered into a third advocacy contract with IPN. Dopartment of Health v. Lawrence Harald Shaw, Jr, RN, Cage Number 2008-20006 JAPEU\Nursing\TDS\ACe\ shaw, Lawrence (positive drug test, hh).doc. te MAY-11-2889 17:41 oncA May 11 2003 16:59 9, On or about June 5, 2007, Respondent submitted to an IPN ordered drug screen. 10, The drug test returned positive for the benzodiazepine, Oxazepam and cocaine metabolites. 11. Benzodiazepine is the brand name for Alprazolam. Alprazolam is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes, alprazolam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances In Schedule IIT and has 8 currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical or psychological dependence relative to the substances in Schedule IIT. 12. Oxazepam is the brand name for Diazepam. Diazepam, commonly known by the brand name Valium, is prescribed to treat anxiety. According to Section 993,03(4), Florida Statutes, diazepam is a Schedule IV controlled substance that has a low potential for abus¢c ralative to the substances in Schedule IIl and has a currently accepted medical use in treatment in the United States, and abuse of diazepam may lead to limited physical or psychological dependence relative to the substances in Schedule ITT. Department of Health v. Lawrence Harold Shaw, Jr., RN. 3 Case Number 2008-20006 J APSLA Nursing TD3\ACs\Shaw, Lawrenes (posinve drug tes, hh).dos MAY—11-2009 17:42 May 11 2009 16759 AHCA 13, Cocaine is stimulant. According to Section 893.03(2), Florida Statutes, cocaine is a Schedule Il controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment In the United States, and abuse of cocainc May lead to severe psychological or physical dependence. 14. Respondent failed to provide a valid prescription and legitimate madical reason for using benzodiazepine. 15. Respondent failed to provide a valid prescription and legitimate medical reason for using cocaine. 16. On or about January 11, 2008, Respondent entered into a fourth advocacy contract with IPN. 47. On or about August 18, 2008, Respondent was dismissed from IPN for his third material non-compliance. COUNT ONE 18. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17), as if fully set forth herein. 19. Section 464.018(1)(n), Florida Statutes (2006), provides that failing to meet minimal standards of acceptable and prevailing nursing Gepertment of Health v. Lawrence Harold Shaw, Jr., RN. 4 Case Number 2008-20006 JA\PSU\Nursing\TD3\ACe\snew, Lawrence (posilive druq test, hh).dee MAY-11-2889 17:42 SHCA May 11 2009 17:00 practice, including engaging in acts for which the ficensee Is not qualified by training or experience, constitutes grounds for disciplinary actlon. 20, Rule 64B9-8.005(2)(k), Florida Administrative Code, provides that failing to meet or departing from minimal standards of acceptable and prevailing nursing practice shall include resting 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 such drug. 21, Respondent failed to meet the minimal standards of acceptable and prevailing nursing practice by submitting to a drug test on Or about June 5, 2007, which returned positive for benzodiazepine and cocaine when Respondent did not have a valid prescription and legitimate medical reason far using benzodiazepine and cocaine. 22, Based on the foregoing, Respondent violated Section 464.018(1)(n), Florida Statutes (2006), by failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience, a defined by Rule 64B9-8.005(2)(k), Florida Administrative Code, to include testing positive for any drugs under Chapter 893, Florida Statutes, on any Department of Health v. Lawrence Haruld Shaw, Ir, Runs 5 Case Number 2008-2006 J:\PSU\Nureing\ TO2\ACe\shaw, LAWTENCe (positive drug test, hh).doc May 11 2009 17:00 MAY-11-2889 17:42 AHCA drug screen when the nurse does not have a prescription and legitimate medical reason for using such drug. COUNT TWO 73. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17), as if fully sct forth herein. 24. Section 456.072(1)(hh), Florida Statues (2008), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an Impaired practitioner consultant as described in Section 456.076, Florida Statutes, for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program constitutes grounds for disciplinary action. 25. 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). . 26. On or about August 18, 2008, Respondent was terminated from IPN, which is a treatment program for impaired practitioners as described by Section 456.076, Florida Statutes, for failure to comply, without good Department of Health v. Lawrence Harold Shaw, Jr., RN. 6 Case Number 2008-20005 JS\PSU\Nursing\ 1D3\ACs\Shaw, Lawrence (positive ing test, hh).doc MAY-11-2089 17:42 May 11 2009 17:00 AHCA cause, with the terms of the monitoring or treatment contract entered into by Respondent. 12. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statues (2008), by being terminated IPN for failure to comply, without good cause, with the terms of the monitoring oF treatment contract entered into by Respondent. Department of Health v. Lawrence Harold Shaw, Jr, RN. 7 Case Number 2008-20006 J:\PSU\Nursing\TD2\ACs\Shaw, Lawrence (positive drug test, hh).dec MAY-11-2889 17:43 AHCA May 11 2009 17200 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 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 7642 aay of Nagch 2007 . Ana M. Viamonte Rose, M.D., M.P.H. Surgeon General Assistant General Counsel eee DOH Prosecution Services Unit PEPARTMEREE > 4052 Bald Cypress Way, Bin C-65 ous IMENT Sr nea Tallahassee, Florida 32399-3265 RK Rachel Brooks Florida Bar Number 0011265 DATE MAR 27 209° (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile /TLD Reviewed and approved by: _(initials) (date) PCP: 4 Lbrwyb* .- PCP Members: 5 ett ple 3/26/09 Department ef Health v, Lawrence Harold Shaw, Jr., R.N. & Case Number 2008 20006 JAPSU\Nursing\TD3\ACs\Shaw, Lawrence (positive rirug bes, hh).doc MAY-11-2an9 «17143 May 11 2003 17:01 AHCA 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 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 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. Dapartrant of Health v. Lawrence Harnid Shaw, Jt, RN. 9 Case Number 2001R-?0006 J-\PSU\Nursing\ | D4\AUs\Shaw, Lawrence (positive drug Lest, hh).dec

Docket for Case No: 09-002457PL