Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: EILEEN MARIE RIORDAN, L.P.N.
Judges: R. BRUCE MCKIBBEN
Agency: Department of Health
Locations: Tampa, Florida
Filed: Dec. 09, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 10, 2012.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner,
Case No, 2011-06682
Vv.
EILEEN MARIE RIORDAN, L.P.N.,
Respondent.
. DMINI E INT -
COMES NOW, Petitioner, Department of Health, by and through Its
undersigned counsel, and files this Administrative Complaint before the
Board of Nursing against Respondent, Eileen Marie Riordan, L.P.N., and in
support thereof alleges: oe
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.) within the state of Florida, having been
issued license number PN 659991.
Filed December 9, 2011 3:47 PM Division of Administrative Hearings
3. Respondent's address of record is 3313 Creekridge Rd,
Brancion, Florida 33511..
. 4. From on or about August 1, 2008, through on or about August
3, 2008, Tampa General Hospital admitted Respondent under the Baker
Act: the law which provides the basis for involuntary examinations of adult
persons in Florida who meet specific criteria.
5. On or about August 3, 2008, Respondent voluntarily admitted
herself for treatment at St. Joseph’s Hospital, located in Tampa, Florida.
6. Upon Respondent's discharge from St. Joseph's Hospltal on or
about August 6, 2008, Respondent's treating physician at the hospital
documented the following diagnoses of Respondent: major depressive
disorder (severe), general anxiety disorder, history of anorexia nervosa,
personality disorder not otherwise specified (NOS), and a Global
Assessment of Functioning (GAF).score of 35/65.
7. NOS Is used as a broad-based diagnostic category. The NOS
diagnosis indicates that the patient's problems fall into a particular family of
disorders (i.e. depressive disorders, anxiety disorders, etc.) but there is not
enough information at the time of diagnosis to better specify the type of
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disorder or the patient does not meet the criteria of any specific disorder
within that category.
8. The Global Assessment of Function (GAF) Test is a rating tool
used by mental health professionals. The numeric scale (0-100) is used to
subjectively rate the social, occupational and psychological functioning of
adults. The first number represents current level of functioning and the
second number represents the highest level of functioning in the preceding
year.
9. An individual with a GAF score of 35 exhibits some impairment
In reality testing or communication (speech is at times illogical, obscure or
irrelevant) or exhibits major impairment In several areas such as work or
school, familly relations, judgment, thinking or mood.
10. From on or about September 3, 2008, through October 2,
2008, Fairwinds Treatment Center provided in-patient treatment services to
Respondent for major depression (severe, recurrent) with suicidal ideation
and risk, dysthymia, post-traumatic stress disorder, and anorexia nervosa.
11. Upon release, Fairwinds Treatment Center recommended that
Respondent engage in out-patient treatment with her regular psychiatrist,
Pamela Powers, M.D. (Dr Powers).
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12. Dr. Powers has treated Respondent since approximately 1993.
13. According to Dr. Powers, Respondent has a long history of
anorexia and a history of cutting her skin with sharp objects, the most
recent incident being a few months ago when Respondent's father passed
away. .
14. Dr. Powers’ current diagnoses of Respondent include major
depression (severe, recurrent), eating disorder NOS (partial recovery from
anorexia nervosa), and attention deficit disorder.
.15. Dr Powers documented that Respondent’s current medications
Include: hydrocodone/APAP, clonazepam, alprazolam and Flexeril.
16. Hydrocodone/APAP contains hydrocodone and acetaminophen,
or Tylenol and is prescribed to treat pain. According to Section 893.03(3),
Florida Statutes, hydrocodone, in the dosages found in hydrocodone/APAP
is a Schedule II controlled substance that has a potential for abuse fess
than the substances in Schedules I and IT and has a currently accepted
medical use in treatment in the United States. Abuse of the substance may
lead to moderate or. low physical dependence or high psychological
dependence.
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17. Clonazepam is a benzodiazepine commonly prescribed to treat
anxiety. According to Section 893.03(4), Florida Statutes, clonazepam is a
Schedule IV controlled substance that has a low potential for abuse relative
to the substances in Schedule III and has a currently accepted medical use
in treatment in the United States. Abuse of clonazepam may lead to
limited physical or psychological dependence relative to the substances in
Schedule ITI.
18. Alprazolam Is a benzodiazepine prescribed to treat anxiety and
is sold under. the trade name Xanax. 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 ITI and has
a currently accepted medical use in treatment in the United States. Abuse
of alprazolam may lead to limited physical or psychological dependence
relative to the substances In Schedule IIT.
19. Flexeril is a muscle relaxant that contains cyclobenzaprine.
Flexeril is not currently a schedule defined drug under Chapter 893, Florida
Statutes.
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20. Dr Powers opined that in the future, Respondent may be
capable of practicing nursing on a part-time basis in a low-stress
environment.
21. On or about June 15, 2011, the Department ordered
Respondent to submit to a mental and physical examination to determine
her ability to practice nursing with reasonable skill and safety pursuant to
the authority granted in Section 464.018(1)(j), Florida Statutes.
22. On or about July 22, 2011, Respondent submitted to a mental
and physical examination conducted by Emily E. Lazarou, M.D., a specialist
In forensic psychiatry.
23. Dr Lazarou documented that Respondent was confused and
gave inconsistent statements throughout the evaluation. Dr Lazarou
observed that Ms Riordan exhibited bizarre behavior, poor memory and
obvious cognitive impairment. Respondent reported that her current
medications Include Xanax, clonazepam, fluoxetine, trazodone,
cyclobenzaprine, atenolol and oxycodone/APAP.
24. Fluoxetine is a selective serotonin reuptake inhibitor (SSRI)
antidepressant commonly used for the treatment of | major depressive
disorder, bulimia nervosa, obsessive-compulsive disorder, panic disorder,
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and premenstrual dysphoric disorder (PMDD). Fluoxetine is a legend drug,
but not a controlled substance.
25. Trazodone is an antidepressant medication commonly used for
the treatment of depression, anxiety disorders and chronic pain.
Trazodone is a legend drug, but not a controlled substance.
26. Atenolol is a beta-blocker commonly used for the treatment of
chest pain and high blood pressure, Atenolol is a legend drug, but not a
controlled substance.
27. .Oxycodone/APAP contains oxycodone and acetaminophen, or
Tylenol. According to Section 893.03(2), Florida Statutes, oxycodone is a
Schedule II 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, Abuse of oxycodone may lead to severe psychological
or physical dependence.
28. As part of the evaluation, Respondent submitted to a salivary
toxicology screen.
29. Respondent tested positive for amphetamines.
30. Dr Lazarou diagnosed Respondent with opioid dependence,
sedative hypnotic dependence with physiologic dependence, rule out (R/O)
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amphetamine abuse verses dependence, anorexia nervosa, pain disorder
with psychological factors, general medical condition (fibromyalgia),
cognitive disorder NOS, mood disorder NOS, borderline personality disorder
and a GAF of 50 (indicative of serious symptoms or a serious impairment in
social or occupational functioning).
31. The diagnosis of rule’ out (R/O) substance abuse verses
substance dependence indicates there are signs and/or symptoms of
substance abuse and dependence but further evaluation is necessary to
determine which diagnosis applies.
32. Dr. Lazarou opined that Respondent has poor problem solving
abilities, poor judgment, poor decision making skills and an inability to cope
with stressful situations.
33. Dr Lazarou opined that Respondent is unable to practice
nursing with reasonable skill and safety to patients due to her opioid
dependence, sedative .hypnotic dependence, amphetamine use, anorexia
nervosa, fibromyalgia and/or borderline personality disorder.
34. Dr. Lazarou recommended. that Respondent enter Inpatient
treatment for detoxification, utilize non-narcotic pain. management
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provisions, engage in psychiatric treatment and participate In the
Intervention Project for Nurses (IPN).
35. IPN is the impaired practitioner program for the Board of
Nursing pursuant to Section 456.076, Florida Statutes. IPN is a 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.
36. Respondent is not currently. enrolled in IPN,
37. Licensed practical nurses are required to assess the condition of
their patients and make complex decisions regarding patient care. Mental
fitness and emotional stability are essential traits that a licensed practical
nurse must possess in order to competently practice nursing.
38. Section 464.018(1)(j), Florida Statutes (2011), provides that
being unable to practice nursing with reasonable skill and safety to patients
by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any
other type of material or.as a result of any mental or physical condition
constitutes grounds for discipline of a licensee by the Board of Nursing.
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39, As set forth above, Respondent is unable to practice nursing
with reasonable skill and safety to patients due to her opioid dependence,
sedative hypnotic dependence, amphetamine use, anorexia nervosa,
fibromyalgia and/or borderline personality disorder.
40. Based on the foregoing, Respondent violated Section
464.018(1)(j), Florida Statutes (2011), by being unable to practice nursing
with reasonable skill and safety to patients by reason of illness or use of
alcohol, drugs, narcotics, or chemicals or any other type of material or as a
result of any mental or physical condition.
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.
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SIGNED this 2/0 day of Av gust , 2011.
H. Frank Farmer, Jr., MD, PhD, FACP
State Surgeon General
Carla A. Schell
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
Florida Bar Number 0042155
(850) 245 ~ 4640 Telephone
(850) 245 — 4683 Facsimile
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PCP; 8/26/11
PCP Members: C. Home & S. Bowen
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DOH v. Elleen Marie Riordan, L.P.N,
Case No. 2011-06682
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ii
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. Elleen Marie Riordan, L.P.N. 12
Case No. 2014-06682 :
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Docket for Case No: 11-006251PL
Issue Date |
Proceedings |
Feb. 10, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 08, 2012 |
Notice of Cancelling Deposition Duces Tecum (of E. Riordan) filed.
|
Feb. 08, 2012 |
Notice of Cancelling Deposition Duces Tecum (of C. Gammans) filed.
|
Feb. 08, 2012 |
Notice of Cancelling Deposition Duces Tecum (of P. Powers) filed.
|
Feb. 08, 2012 |
Joint Motion to Relinquish Jurisdiction filed.
|
Feb. 06, 2012 |
Notice of Appearance (Gavin Burgess) filed.
|
Feb. 02, 2012 |
Notice of Taking Deposition Duces Tecum (of C. Gammans) filed.
|
Feb. 02, 2012 |
Notice of Taking Deposition Duces Tecum (of P. Powers) filed.
|
Feb. 02, 2012 |
Notice of Taking Deposition Duces Tecum (of E. Riordan) filed.
|
Feb. 02, 2012 |
Petitioner's Witness and (Proposed) Exhibit Lists filed.
|
Feb. 02, 2012 |
Notice of Transfer.
|
Feb. 02, 2012 |
Amended Notice of Hearing by Video Teleconference (hearing set for February 17, 2012; 9:00 a.m.; Tampa and Tallahassee, FL; amended as to type of hearing and Tallahassee hearing location).
|
Jan. 27, 2012 |
Order Requiring Responses to Request for Admissions.
|
Jan. 26, 2012 |
CASE STATUS: Motion Hearing Held. |
Jan. 25, 2012 |
Amended Notice of Hearing (hearing set for February 17, 2012; 9:00 a.m.; Tampa, FL; amended as to hearing location).
|
Jan. 18, 2012 |
Motion to Deem Admitted and to Relinquish Jurisdiction filed.
|
Dec. 15, 2011 |
Order of Pre-hearing Instructions.
|
Dec. 15, 2011 |
Notice of Hearing (hearing set for February 17, 2012; 9:00 a.m.; Tampa, FL).
|
Dec. 15, 2011 |
Joint Response to Initial Order filed.
|
Dec. 12, 2011 |
Notice of Serving Petitioner's First Request for Admissions, Interrogatories and Production of Documents filed.
|
Dec. 12, 2011 |
Initial Order.
|
Dec. 09, 2011 |
Agency referral filed.
|
Dec. 09, 2011 |
Election of Rights filed.
|
Dec. 09, 2011 |
Administrative Complaint filed.
|