STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

N

Q

00

v. CASE NO. 2007-36008 0

TERRY JACK TIBBS, L.P.N.,

RESPONDENT.

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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, Terry Jack Tibbs, LP.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 licensed practical nurse (L.P.N.) in the State of Florida, having been issu d

   · license number PN 1321081.

   Department of Health v. Terry Jack Tibbs, L.P.N. 1

   Case Number 2007-36008

   J:\PSU\Nursing\Kim, Jenny\ACs\IPN\AC - Tibbs RN 2007-36008.doc

   
   

   Filed July 7, 2011 12:20 PM Division of Administrative Hearings

3. Respondent's address of record is 11601 Linda Lane, Dade City,

   
   

   Florida 33525.

   
   

4. On or about June 19, 2006, Respondent signed a five (5) year

   
   

   advocacy contract with the Intervention Project for Nurses ("IPN'').

   
   

5. IPN is the impaired practitioner program for the Board of Nursing, designated pursuant to Section 456.076, Florida Statutes. IPN is an independent 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. In or about April 2007, Respondent requested that his 5-year contract be shortened.

7. On or about October 29, 2007, IPN dismissed Respondent as a result of his request to close his file.

8. Section 456.072(1)(hh), Florida Statutes (2007), 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.

   
   

9. As set forth above, Respondent was terminated from IPN, which is a treatment program for impaired practitioners as described by Section 456.076, Florida Statutes.

10. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2007), by 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

· -moAitoriA§l--er--t-r at-ment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.

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, remedial education and/or any other relief that the Board deems appropriate.

Signed this ):'.9:> day of _ _.,_ -'--=--".++------'' 2008.

Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General

FILED

DEPARTMENT OF HEALTH

Assistant General Counsel DOH, Prosecution Services Unit

4052 Bald Cypress Way, Bin # C-65 Tallahassee, Florida 32399-3265

PU

CLERK: MC(_

LERK

I

_ Florida Bar No.: 010488

DATE ·/'7 ·08

(850) 245-4640 Telephone

(850) 245-4683 Facsimile

/JSK

PCP: 5/15/2008

PCP Members: Breen & Kemp

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be conducted in accordance with Sections 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 Statues, 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. Terry Jack Tibbs, L.P.N. 5

Docket for Case No: 11-003353PL