Sep 16 2009 15:08 SEP-16-2089 15:51 AHCA P.@4/12 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2008-15288 TAMMY J. FOX, R.N., RESPONDENT. / 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, Tammy J. Fox, 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 9260681. Department of Health v. Tammy 3 Fox, RN. 1 Case Number 2008-15288 J:\PSU\Nursing\Walt\AC's\RN\AC_RN_Innacurate_FoxT.doc SEP-16-2689 15:51 AHCA Sep 1 2009 19208 P.a5-12 3. Respondent's address of record is 3580 South Oceanshore Blvd., Flagler Beach, Florida 32136. 4, At all times material to this Administrative Complaint, Respondent was employed by Florida Hospital Memorial Division located in Ormond Beach, Florida. 5. Pyxis is a locked medication cabinet which secures and limits access to controlled substances through a computer system. Each time a nurse removes a medication from Pyxis, the medication, amount, date removed, time removed, patient for whom the medication is intended, and the nurse removing the medication is recorded in the Pyxis computer. 6. Fentanyl is a pain managing derivative of morphine. Morphine is a controlled substance listed in Schedule II of 893.03(2), Florida Statutes. A substance in Schedule II has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Morphine is indicated for the treatment of moderate to severe pain. Abuse of Morphine may Jead to severe psychological or physical dependence. 7. On or about May 24, 2008 at 2:36 pm, Respondent removed 100 mcg of fentanyl from the Pyxis machine for Patient J.M. Department of Health v. Tammy J. Fox, RN. 2 Case Number 2008-15288 J:\PSU\Nursing\Walt\AC's\RN\AC_RN_Innacurate_FoxT.doc ccp-te-o009 ists auca Sep 16 2009 15:09 ° ete 8. On or about May 24, 2008 at 2:35 pm, Respondent recorded that she gave 50 meg of fentanyl to Patient J.M. 9. On or about May 30, 2008 at 3:25 pm, Respondent removed 100 mcg of fentany! from the Pyxis machine for Patient V.K. 10. On or about May 30, 2008 at 3:16 pm, Respondent recorded that she gave 25 mcg of fentanyl to Patient V.K. 11. On or about May 30, 2008 at 4:27 pm, Respondent removed 100 mcg of fentanyl from the Pyxis machine for Patient V.K. 12, On or about May 30, 2008 at 4:25 pm, Respondent recorded that she gave 50 mcg of fentanyl to Patient V.K. 13. Respondent cannot administer medication to a patient before it is removed from the Pyxis machine. 14. Section 464.018(1)(h), Florida Statutes (2007), provides that unprofessional conduct as defined by board rule constitutes grounds for disciplinary action. 15. Rule 64B9-8.005(1)(a), Florida Administrative Code, provides that unprofessional conduct includes inaccurate recording. 16. Respondent engaged in unprofessional conduct by one or more of the following ways: Department of Health v. = 1, Fox, R.N. 3 Case Number 2005-15288 J.\PSU\Nursing\Walt\AC’s\RN\AC_RN_Innacurate_FoxT.doc Sep 16 2009 15:09 SEP-16-2089 15:52 AHCA P.ar712 A. _ by failing to properly record administering fentanyl to Patient V.K. on or about May 30, 2008; B. by failing to properly record administering fentanyl to Patient J.M. on or about May 24, 2008. 17, Based on the foregoing, Respondent violated Section 464.018(1)(h), Florida Statutes (2007), by engaging unprofessional conduct as defined by Rule 64B9-8.005 (1)(a), Florida Administrative Code, to include inaccurate recording. Department of Health v. Tammy J. Fox, R.N. Case Number 2008-15288 3:\PSU\Nursing\Walt\AC’s\RN\AC_RN_Innacurate_FoxT.doc SEP-16-2089 15:52 AHCA Sep 16 2009 15:09 P.@8/12 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 _ fy day of Or Aelee-( , 200.2, Ana M. Viamonte Ros, M.D., M.P.H. General Walter T, ide Assistant General Counsel D DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 SLERK: acovkot Tallahassee, Florida 32399-3265 pave 10)-2-71-O€ — Florida Bar Number 0037258 (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile DEPARTMENT OF HEALTH PUTY CLERK /WW PCP Members: ‘OWEN 10/23/08 Department of Health v, Tammy J. Fox, RN. 5 Case Number 2008-15288 JA\PSU\Wursing\Walt\AC's\RN\AC_RN_Innacurate_FoxT doc Sep 16 2009 15:09 SEP-16-2089 15:52 AHCA P.@9/12 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. Department of Health v. Tammy J. Fox, RN. 6 Case Number 2008-15268 J.\PSU\Nursing\Wall\AC’s\RN\AC_RN_Innacurate_FoxT doc

Docket for Case No: 09-005044PL