STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2014-07065 DRINDA SUE LANE CHUITES, 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 the Respondent, Drinda Sue Lane Chuites, R.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating nursing assistants pursuant to Section 20.43, Florida Statutes (2013-2014), and Chapters 456 and 464, Florida Statutes (2013-2014). 2. At all times material to this Complaint, Respondent was licensed as a registered nurse in the State of Florida, pursuant to Chapter 464, Florida Statutes, having been issued license number RN 1614202, and worked at Sacred Heart Health System (“SHHS”) located in Pensacola, Florida. 3. Respondent's address of record is 4 West Lee Street, Pensacola, Florida 32501. 4. On or about August 29, 2014, Respondent underwent a Department-compelled mental and physical evaluation with M.G., M.D. 5. During the evaluation, Respondent admitted that she had a history of major depression and that she used the following prescribed medications: Fiorinal, Tizanidine, Reglan, Lexapro, Imitrex and Norco. 6. Tizanidine is a non-controlled legend drug that is used to treat muscle spasms and is a muscle relaxant. 7. Reglan is a non-controlled legend drug that is used to treat stomach and intestinal conditions, including heartburn. 8. Lexapro is a non-controlled legend drug that is used to treat depression and anxiety. 9. Imitrex is a non-controlled legend drug that is used to treat migraines. 10. Norco contains hydrocodone and acetaminophen, or Tylenol and is prescribed to treat pain. According to Section 893.03(3), Florida Statutes (2014), hydrocodone’, in the dosages found in hydrocodone with acetaminophen is a Schedule III controlled substance that has a potential 1 As of October 6, 2014, all hydrocodone-containing products are considered Schedule II controlled substances. However, as of the date of this Complaint, this change has not taken effect in Chapter 893, Florida Statutes (2014). DOH v. Drinda Sue Lane Chuites, R.N. DOH Case No.: 2014-07065 2 for abuse less than the substances in Schedules I and II and has a currently accepted medical use in treatment in the United States. Abuse of hydrocodone with acetaminophen may lead to moderate or low physical dependence or high psychological dependence. 11. Respondent's urine drug screen that Dr. M.G. ordered was positive for butalbital, hydrocodone, hydromorphone and codeine. 12. Butalbital is commonly prescribed to treat migraine headaches. According to Section 893.03(3), Florida Statutes (2014), butalbital is a Schedule III controlled substance that has a potential for abuse less than the substances in Schedules I and II and has a currently accepted medical use in treatment in the United States. Abuse of butalbital may lead to moderate or low physical dependence or high psychological dependence. 13. Hydromorphone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2014), hydromorphone 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 hydromorphone may lead to severe psychological or physical dependence. 14. Codeine is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2013-2014), codeine is a Schedule II DOH v. Drinda Sue Lane Chuites, R.N. DOH Case No,: 2014-07065 3 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 codeine may lead to severe psychological or physical dependence. 15. During her evaluation with Dr. M.G., Respondent never disclosed that she used codeine or whether a physician prescribed codeine to her. 16. As a result of the evaluation, Dr. M.G. opined that Respondent’s urine drug screen showed that she used higher than ordinary doses of barbiturates and opiates. 17. Dr. M.G. diagnosed Respondent with barbiturate dependence rule out opiate abuse and a history of major depression, and opined that Respondent is unable to practice as a registered nurse with reasonable skill and safety. 18. Section 464.018(1)(j), Florida Statutes (2013-2014), authorizes discipline against a licensee for 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. DOH v, Drinda Sue Lane Chuites, R.N. DOH Case No.: 2014-07065 4 19. Respondent violated Section 464.018(1)(j), Florida Statutes (2013-2014), by being unable to practice nursing with reasonable skill and safety to patients by reason of major depression; and/or her use, abuse and/or dependence on opiates and/or barbiturates. 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 practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, and/or any other relief that the Board of Nursing deems appropriate. SIGNED this_Z2* day of _Novembe-, 2014. John H. Armstrong, MD eon General and Assistant General Counsel Florida Bar No. 100159 DOH Présecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 DEPARTMETED (P) 850/245-4444 x8102 DEPUTY CLERK (F) 850/245-4662 CLERK Angel Sanders pare NOV $4 20%4 (E) casie.barnette@flhealth.gov PCP Date: November 20, 2014 PCP Members: Kathy Whitson and Barbara Kemp DOH v. Drinda Sue Lane Chuites, R.N.; Case No. 2014-07065 DOH v. Drinda Sue Lane Chuites, R.N. DOH Case No.: 2014-07065 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 Respondent in addition to any other discipline imposed. DOH v. Drinda Sue Lane Chuites, R.N. DOH Case No.: 2014-07065 6

Docket for Case No: 15-003856PL