Apr 29 2010 11:58 APR-29-2618 12:49 AHCA P.a2 roN STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Case No. 2009-06293 v. KARL DEREK NICOLAEV, 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, Karl Derek Nicolaev, 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 Complaint, Respondent was a registered nurse (R.N.) within the state of Florida, having been issued license number RN 9268866, APR-29-2618 12:58 AHCA Apr 29 2010 11:59 3. Respondent’s address of record is 1165 NE 165" Street, North Miami Beach, Florida, 33162. 4. Atall times material to this Complaint, Respondent was working as a R.N. at North Shore Medical Center located in Miami, Florida. 5. On or about August 24, 2008, Respondent provided a urine specimen for use in an employer-ordered drug screen. 6. The urine specimen Respondent provided was submitted for testing to LabCorp, a testing laboratory located in Research Triangle Park, North Carolina. 7. On or about August 28, 2008, Respondent’s urine specimen tested positive for the presence of morphine during an initial drug screen performed by LabCorp. 8. On or about August 28, 2008, LabCorp scientists performed a confirmation test, which confirmed the presence of morphine in Respondent's urine specimen. 9. Morphine is prescribed to treat pain. According to Section 893.03(2), Florida Statutes, morphine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical usé in treatment in the United States, and DOH v. Kar! Derek Nicolaev, RN 2 Case Number: 2009-06293 J:A\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc Apr 29 2010 11:59 APR-29-2618 12:58 AHCA P.a4 a abuse of morphine may lead to severe psychological or physical dependence. 10. Respondent was notified that he tested positive for morphine by the Department at his address of record on or about April 10, 2009, and was given 20 days to respond. 11. Respondent responded to the Complaint and stated that he had taken morphine in the past. 12, Respondent stated that he took morphine for pain one day before the incident. 13. Respondent did not provide a current prescription and lagitimate medical reason for using morphine. 14. Respondent did not have a current prescription and legitimate medical reason for using morphine. 15. Section 464.018(1)(n), Florida Statutes (2008), provides that failing to meet minimal standards of acceptable and prevailing nursing practice, constitutes grounds for disciplinary action by the Board of Nursing. 16. Rule 64B9-8.005(2)(k), Florida Administrative Code, provides that failing to meet minimal standards of acceptable and prevailing nursing DOH v. Karl Derek Nicolaev, RN 3 Case Number: 2009-06293 : J:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc Apr 29 2010 11:59 APR-29-2618 12:58 AHCA P.@S eoON 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 such drug. 17. Based on the foregoing, Respondent violated Section 464.018(1)(n), Florida Statutes (2008), as defined by Rule 64B9- 8.005(2)(k), Florida Administrative Code, to include testing positive for any drug 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. 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. DOH v. Karl Derek Nicolaev, RN 4 Case Number: 2009-06293 J:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc Apr 29 2010 11:59 APR-29-2618 1etot AHCA P.@6 ™~ . ah SIGNED this 4 day of December , 2009. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General “ILED —— DEPARTMENT OF HEALTH A. Schell PUTY CLEAK : Assistant General Counsel CLERK: DOH Prosecution Services Unit DATE {O° 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0042155 (850) 245 - 4640 Telephone (850) 245 — 4683 Facsimile PCP: 12/4/64 PCP Members: D. Motoles. # L.- Kiekparty ie K_ [cs DOH v. Karl Derek Nicolaev, RN 5 Case Number: 2009-06293 J\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc Apr 29 2010 12:00 APR-29-2618 12:51 AHCA Pa? roy 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. DOH v. Karl Derek Nicolaev, RN 6 Case Number: 2009-06293 , J:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc

Docket for Case No: 10-002375PL