STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Wo CASE NO. 2014-06149 JOANNE B. DEANDRADE, 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, Joanie B. Deandrade, R.N., and in support thereof ‘dleges: 1. Petitioner is the state agency charged with regulating the -Practice of nursing pursuant to Chapters 20.43, Florida ‘Statutes (2013- 2014); Chapter 456, Florida Statutes (2013-2014); and Chapter 464, Florida Statutes (2013-2014), 2. At all times material to this Complaint, Respondent was licensed as a registered nurse within the State of Florida, having been issued license number RN 9216355. 3. Respondent's address of record is 3749 Woodridge Place, Palm Harbor, Florida 34684. 4, At all times material to this Complaint, Respondent was employed by Mease Countryside Hospital (“MCH”), doing business at 3231 _ McMullen Booth Road, Safety Harbor, FL 34695, 5. On or about April 14, 2014, while Respondent removed approximately 39 dosage units of Dilaudid from a Pyxis machine! at MCH. Respondent failed to document the administration, waste, or any other disposition of the Dilaudid. 6. Dilaudid is the brand name for hydromorphone and is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2013-2014), 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 * Pyxis machines, or Pyxis MedStation systems, are automated drug dispensing machines used to access medications and ensure that they are properly handled. The machines document which medications are dispensed for particular patients and include information about the medications’ dosage and form. Furthermore, Pyxis machines record the times medications are dispensed and the names of the staff members dispensing them. Employers often use Pyxis machine reports to assist in determining whether staff members are diverting controlled substances, DOH v. Joanne Deandrade, R.N. 2 DOH Case Number 2014-06149 hydromorphone may lead to severe psychological or physical dependence. 7. On or about April 17, 2014, MCH scheduled Respondent to work a nursing shift. On that day, Respondent arrived at MCH at approximately 6:00 a.m., removed 18 dosage units of Percocet and 10 vials of Dilaudid from a Pyxis machine, and promptly left the premises. 8. Percocet is the brand name for a drug that contains oxycodone and is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2013-2014), oxycodone is a Schedule IT controlled substance that has a high potential for abuse and has a currently accepted but — restricted medical use in treatment in the United States. Abuse of oxycodone may lead to severe psychological or physical dependence. , 9. On or about April 17, 2014, Deputy KS. of the Pinellas County Sheriff's Department made contact with Respondent at her residence. 10. Respondent admitted to Deputy K.S. that she diverted the Percocet earlier that morning. Respondent further admitted to diverting controlled substances from MCH for approximately one year. i. Deputy K.S. arrested Respondent, who at that time was in possession of 14 vials of Dilaudid, 17 a units of Percocet, and 1 dosage unit of alprazolam. DOH v. Joanne Deandrade, R.N. 3 DOH Case Number 2014-06149 12. Alprazolam is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2013-2014), alprazolam 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 alprazolam may lead to limited physical or psychological dependence relative to the substances_in Schedule IIL, 13. On or about August 27, 2014, Respondent underwent a Department-compelled physical and mental: evaluation with M.S., M.D., an Intervention Project for Nurses (“IPN”)-approved evaluator. Dr. M.S. diagnosed Respondent with opioid dependence, in early full remission. 14. IPN is the impaired practitioner program for the Board of. Nursing, Pursuant to Section 456.076, Florida Statutes (2013-2014), 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. 15. Opiate, or opioid, drugs have similar actions as the drug opium and are typically prescribed to treat pain. Opioid drugs are synthetically DOH v. Joanne Deandrade, R.N. 4 DOH Case Number 2014-06149 manufactured, while opiate drugs are naturally occurring, but the terms opioid and opiate are often used interchangeably. Opioid drugs are addictive and subject to abuse. 16. Based on Respondent’s evaluation, Dr. M.S. concluded that Respondent “is not safe to practice nursing at this time with reasonable skill and safety,” COUNT I 17, Petitioner. realleges paragraphs 1 through 15, as if fully set forth herein. 18. Section 464.018(1)(i), Florida Statutes (2013-2014), authorizes the Board of Nusiag to impose discipline, including restriction, against a licensee for “engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in chapter. 893, for any other than legitimate purposes authorized by this part.” 19, Respondent violated Section 464.018(1)(i), Florida Statutes (2013-2014), by possessing one or more of the following controlled substances without a legitimate purpose: (a) Dilaudid; (b) Percocet; and/or DOH vy. Joanne Deandrade, R.N. : 5 DOH Case Number 2014-06149 (c) alprazolam. COUNT It 20. Petitioner realleges paragraphs 1 through 15, as if fully set forth herein. 21. Section 464.018(1)(j), Florida Statutes (2013-2014), authorizes the Board of Nursing to impose discipline, including restriction, against-a licensee who is 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 . result of any mental or physical condition. 22, Respondent violated Section 464.018(1)j), Florida Statutes (2013-2014) by being unsafe to practice with reasonable skill and safety to patients due to opioid dependence. WHEREFORE, Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: 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 DOH v. Joanne Deandrade, R.N. 6 DOH Case Number 2014-06149 collected, remedial education, and/or any other relief that the Board deems appropriate. SIGNED this Sed __ day of November, 2014. John H. Armstrong, MD State Surgeon General and Secretary of Health Shoshana Silver Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No.: 93035 P: (850) 245 — 4444 x 8103 F: (850) 245 — 4662 shoshana.silver@fihealth.gov PCP: November 3, 2014 PCP Members: Kathryn L. Whitson; Barbara Kemp FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE NOV 03 2014 DOH v. Joanne Deandrade, R.N. 7 DOH Case Number 2014-06149 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, Respoeene| is paced « on notice me Petitioner has incurred 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. Joanne Deandrade, R.N. 8 DOH Case Number 2014-06149

Docket for Case No: 16-000070PL