STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v. CASE NO. 2013-08516

STORMY BROOKE WALDRON, R.N.,

RESPONDENT.

ADMINISTRATIVE COMPLAINT

Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Nursing against Respondent, Stormy Brooke Waldron, R.N., and in support thereof alleges:

1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Chapters 20.43, Florida Statutes (2012); Chapter 456, Florida Statutes (2012); and Chapter 464, Florida Statutes (2012).

2. At all times material to this Complaint, Respondent was licensed to practice nursing within the State of Florida, having been issued license number RN 9217586.

   
   

3. Respondent's address of record is 401 S.W. Ramon Court, lake City, Florida 32024.

4. On or about June 25, 2012, Respondent entered into a

   
   

   monitoring contract (Contract) with the Intervention Project for Nurses (IPN) which called for monitoring from June 14, 2012 through June 14, 2017, the terms of which required that Respondent comply with all conditions of the Contract.

5. IPN is the impaired practitioner program for the Board of Nursing, pursuant to Section 456.076, Florida Statutes {2012). IPN 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 May 2, 2013, Respondent underwent an evaluation with Dr. S.T., M.D., pursuant to the requirements of her Contract.

7. As part of the evaluation, Dr. S.T. requested Respondent to provide a hair sample for drug screening. The drug screen returned positive for opiates, specifically hydrocodone.

   
   

   OOH v. Stormy Brooke Waldron, R.N. 2

   DOH case Number 2013 08516

   
   

8. Hydrocodone is an opioid-class medication, commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2012), hydrocodone 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 hydrocodone may lead to severe psychological or physical dependence.

9. Dr. S.T. diagnosed Respondent with opiate dependence,

   
   

   marijuana dependence, alcohol dependence, benzodiazepine abuse and psycho-stimulant abuse, and mood disorder, not otheiwise specified. Dr.

   S.T. opined that Respondent is not safe to practice nursing with reasonable skill or safety to patients.

10. IPN informed Respondent of the requirement that she enter into a residential treatment program. IPN also required the Respondent to place her license in voluntary withdrawal status with the Department. Respondent failed to follow through with either requirement.

11. On or about May 28, 2013, IPN terminated Respondent's monitoring agreement due to failure to comply with the terms of the Contract.

    
    

    OOH v. Stormy Brooke Waldron, R,N, 3

    COUNTI

12. Section 464.018(1)(j), Florida Statutes {2012), subjects a registered nurse to discipline for "[b]eing 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."

13. Respondent violated Section 464.018(1)(j), Florida Statutes (2012), by being unable to practice nursing with reasonable skill and safety to patients due to her use of opiates, alcohol or any other type of material; and/or as a result of her mental or physical condition.

14. Based on the foregoing, Respondent violated Section 464.018(1)U), Florida Statutes (2012), 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.

    COUNT II

15. Section 456.072(1)(hh), Florida Statutes (2012), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in

    DOH v, Stormy Brooke Waldron, R.N. 4

    Section 456.076, Florida Statutes (2012), 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.

16. Respondent violated Section 456.072(1)(hh), Florida Statutes (2012), by being terminated from IPN due to the Respondent failing to comply with the terms of her IPN monitoring contract.

17. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2012), 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 (2012), 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.

WHEREFORE, 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

DOH v. Stormy Brooke Waldron, R.N. 5

practice, imposition of an administrative fine, issuance of a reprimand, placement of 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 / 0 f/,,i day of July, 2013.

•

John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health

FILED DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK Angflfa:n.d,,rs

DATE JUL i:UTJ

Loui e Wilhite-S La rent Assistant General Counsel DOH Prosecution Services Unit

4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 0091244 Phone (850) 245-4444 x 8331

Fax (850) 245-4662

Loulse_StLaurent@doh.state.fl.us

PCP: July 8, 2013

PCP Members: Mary Jane Herrera, LPN; Jessie Collins, PhD, RN

NOTICE OF RIGHTS

Respondent has the right to request or petition for an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes. Respondent has the right to be represented by counsel or other qualified representative. Administrative hearings are governed by Rule 28-106, Florida Administrative Code. A request or petition for an administrative hearing must be in writing and must be received by the Agency Clerk within twenty-one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter 28-106.2015(5), Florida Administrative Code and must be sent to the Department at the following address:

Department of Health Prosecution Services Unit

Attention: Louise Wilhite-St Laurent, Esquire 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3256

Mediation is not available as an alternative remedy.

Your failure to submit a petition or request for a formal hearing (Election of Rights) within 21 days from receipt of this Administrative Complaint will constitute a waiver of your right to a hearing, and this complaint will thereby become a final order of the Department.

DOH v. Stormy Brooke Waldron, R.N. 7

DOH case Number 2013-08516

Docket for Case No: 13-003686PL