STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2014-00247 MICHAEL NOWAK, L.P.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, Michael Nowak, L.P.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes (2013), and Chapters 456 and 464, Florida Statutes (2013). 2. At all times material to this Complaint, Respondent was licensed as a practical nurse in the State of Florida, pursuant to Chapter 464, Florida Statutes, having been issued license number PN 5206864. 3. | Respondent’s address of record is address of record is 4917 Musselshell Drive, New Port Richey, Florida 34655. 4. From about March 2013 through about January 2, 2014, Respondent was employed by Gulf Shore Rehabilitation and Nursing Center (GSRNC), located at 6767 86" Avenue North, Pinellas Park, Florida 33782. 5. In November 2013, J.G., a Registered Nurse and Chief Nursing Officer at GSRNC, noticed errors on several controlled drug use records and noticed that Respondent was wasting medications at a higher percentage than other nurses in the unit. 6. On or about December 20, 2013, through on or about January 2, 2014, Omnicare of Tampa‘ (Omni) performed daily audits of the Emergency Narcotic Kits? (‘ENK”) at GSRNC which reflected the following discrepancies: MedicationName | | Amount | ENK Date of Audit Report Number oxycodone 15 mg 3x removed and T-206 December 20, 2013 unaccounted for — oxycodone 5mg 5x__ removed and T-206 December 28, 2013 ‘ Omnicare of Tampa is located at 8603 Florida Mining Boulevard, Tampa, Florida 33634. Omnicare is responsible for the Emergency Narcotic Kits at GSRNC, and a representative from that company completes an inventory count once every 24 hours when the kit is replaced. > ENK’s are not the primary medication carts. They are typically utilized solely in the event of an actual emergency. DOH v. Michael Nowak, L.P.N. DOH Case No.: 2014-00247 unaccounted for oxycodone 5mg 2x removed = and T-206 December 30, 2013 unaccounted for oxycodone 15mg 5x removed and T-206 January 2, 2014 unaccounted for oxycodone 15mg 2x removed and T-205 January 2, 2014 unaccounted for 7. Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2013), 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. 8. On or around January 2, 2014, GSRNC suspended Respondent and ordered him to submit to an employment drug screen. 9. On or about January 2, 2014, Respondent admitted to J.G. that he was responsible for the missing medications. 10. On or about January 2, 2014, Respondent resigned from his employment at GSRNC. 11. On or about February 27, 2014, Dr. D.B., an Intervention Project for Nurses (‘IPN”)-approved evaluator, evaluated Respondent DOH v. Michael Nowak, L.P.N. DOH Case No.: 2014-00247 pursuant to Department Order. 12. Respondent submitted for a urine drug screen, pursuant to his evaluation with Dr. D.B., which returned positive for noroxycodone? and marijuana. 13. IPN is the impaired practitioner program for the Board of Nursing, pursuant to Section 456.076, Florida Statutes (2013). 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. 14. According to Section 893.03(1), Florida Statutes (2013), cannabis, also known as marijuana, is a Schedule I controlled substance that has a high potential for abuse and has no currently accepted medical use in treatment in the Florida and in its use under medical supervision does not meet accepted safety standards. 15. Dr. D.B. diagnosed Respondent with opioid dependence and cannabis abuse. 16. Opiate, or opioid, drugs have similar actions as the drug > Noroxycodone is a metabolite of oxycodone. DOH v. Michael Nowak, L.P.N. DOH Case No.: 2014-00247 opium and are typically prescribed to treat pain. Opioid drugs are synthetically 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. 17. Dr. D.B. opined that Respondent cannot practice nursing with reasonable skill and safety. COUNT I 18. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17), as if fully set forth herein. 19. Section 464.018(1)(i), Florida Statutes (2013), authorizes the Board of Nursing 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.” 20. Respondent violated Section 464.018(1)(i), Florida Statutes (2013), by removing the oxycodone from the Emergency Narcotic Kits for his personal use. DOH v. Michael Nowak, L.P.N. DOH Case Na.: 2014-00247 21. Based on the foregoing, Respondent violated Section 464.018(1)(i), Florida Statutes (2013), by engaging or attempting to engage in the possession, sale, or distribution of controlled substances. COUNT II 22. Petitioner realleges and incorporates paragraphs one (1) through seventeen (17), as if fully set forth herein. 23. Section 464.018(1)G), Florida Statutes (2013), subjects a licensed practical 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.” 24. Respondent violated Section 464.018(1)(j), Florida Statutes (2013), by being unable to practice nursing with reasonable skill and safety to patients due to his opioid dependence and/or cannabis abuse. 25. Based on the foregoing, Respondent violated Section 464.018(1)(j), Florida Statutes (2013), by being unable to practice nursing with reasonable skill and safety to patients by reason of drugs, narcotics or chemicals or any other type of material. DOH v. Michael Nowak, L.P.N. AAU Caca Ma + IN1A_NNIAF 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 aa day of 2014. John H. Armstrong, MD State Surgeon General and Secretary of Health Karine Gjdlella, Esq. Assistant General Counsel Florida Bar No. 91101 DOH Prosecution Services Unit F i LED 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, Florida 32399-3265 DEPUTY CLERK (P) 850/245-4444 x8199 ERK: Dude (F) 850/245-4662 sate: JUL 30 2014 (E) Karine.Gialella@flhealth.gov PCP Date: Ju gH, ao PCP Members: 61. elk HON) Jodu, Newman Moy Kau, Valoq,ooA DOH v. Michael Nowak, L.P.N. TNOH Cace Na + 9114-00947 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. Michae! Nowak, L.P.N. NOH Cace Na + 9N1A-NNIA7

Docket for Case No: 16-001869PL