STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-14810 KELLI MICHELLE CORNING, R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Nursing against Respondent Kelli Michelle Corning, R.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 (2016); Chapter 456, Florida Statutes (2016); and Chapter 464, Florida Statutes (2016). | 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 9359961. 3. Respondent’s address of record is 2101 West Highway 390, Apartment 608, Lynn Haven, Florida 32444. 4. On or about January 5, 2015, the Respondent executed a two- year IPN monitoring contract. The Respondent's monitoring ‘contract required her to refrain from the use of substances that were not prescribed by a physician and approved by IPN. 5. On or about March 17, 2016, the Respondent submitted to an IPN-required drug screen, which returned positive for buprenorphine and norbuprenorphine. 6. According to Section 893.03(5), Florida Statutes (2015-2016), buprenorphine is a Schedule V controlled substance that has a low potential for abuse relative to the substances in Schedule IV and has a currently accepted medical use in treatment in the United States. Abuse of buprenorphine may lead to limited physical or psychological dependence relative to the substances in Schedule IV. 7. Norbuprenorphine is a major active metabolite of the opioid buprenorphine. 8. While being monitored by IPN, Respondent used Suboxone, which she was not prescribed. DOI vs. Kelli Michelle Corning. R.N. Case No: 2016-14810 re) 9. On or about April 4, 2016, Scott A. Teitelbaum, M.D., a physician specializing in addiction medicine, evaluated the Respondent pursuant to IPN’s request. 10. Dr. Teitelbaum diagnosed the Respondent with unspecified opiate use disorder. 11. Opiate, or opioid, drugs have similar actions as the drug 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. 12. Dr. Teitelbaum opined that the Respondent is unable to practice nursing with reasonable skill and safety to patients. 13. On or about April 28, 2016, IPN instructed the Respondent to undergo the treatment recommended by Dr. Teitelbaum. The Respondent failed to do so. 14. On or about May 16, 2016, IPN terminated Respondent's contract due to her failure to comply with the contract terms without good cause, and failure to attend and follow the recommended treatment. DOH vs. Kelli Michelle Corning. RN. 3 Case No: 2016-11810 COUNT I 15, Petitioner re-alleges and incorporates by reference paragraphs 1 through 14, as if fully set forth herein. 16. Section 456.072(1)(hh), Florida Statutes (2016), subjects a registered nurse to discipline for 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 (2016), 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. 17. Respondent violated Section 456.072(1)(hh), Florida Statutes (2016), by being terminated from her IPN monitoring contract for failure to comply with the terms without good cause. 18. Based on the foregoing Respondent has violated Section 456.072(1)(hh), Florida Statutes (2016), 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 (2016), for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for DOI vs. Kelli Michelle Corning. R.N. 4 Case No: 2016-14810 not successfully completing any drug treatment or alcohol treatment program. COUNT II 19. Petitioner re-alleges and incorporates by reference paragraphs 1 through 14, as if fully set forth herein. 20. Section 464.018(1)(j), Florida Statutes (2016), subjects a registered nurse to discipline for “[bJeing 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.” 21. Respondent violated Section 464.018(1)(j), Florida Statutes (2016), by being unable to practice nursing with reasonable skill and safety to patients due to her unspecified opioid use disorder. 22. Based on the foregoing Respondent has violated Section 464.018(1)(j), Florida Statutes (2016), 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, Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanent DOU vs. Kelli Michelle Corning. R-N. 5 Case No: 2016-14810 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this th day of Ausnyy , 2016, Celeste Philip, MD, MPH Surgeon General and Secretary LAM Rob F. Sumniefs Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 opt OF Health Florida Bar Number 0099658 Deputy Clerk Phone (850) 245-4444 x 8150 CLERK ofngel Sanders Fax (850) 245-4662 a AUG 11 2018 - Robert.Summers@flhealth.gov RFS PCP: August 9, 2016 PCP Members: — Claydell Horne, PhD, RN (Panel Chair) Lori Desmond, MSN, RN, NE-BC DOI vs. Kelli Michelle Corning. RN. 6 Case No: 2016-14810 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106,111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. DOI vs. Kelli Michelle Coming. R.N 7 Case No: 2016-14810

Docket for Case No: 16-006179PL