STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-25633 ALLISON M. HOPKINS, R.R.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Respiratory Care (Board) against Allison M. Hopkins, R.R.T., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of registered respiratory therapists pursuant to Chapters 20.43, Florida Statutes (2016); Chapter 456, Florida Statutes (2016); and Chapter 468, Florida Statutes (2016). 2. At all times material to this Complaint, Respondent was registered to practice as a respiratory therapist within the State of Florida, having been issued license number RRT 7707. 3. | Respondent’s address of record is 1539 Magnolia Street, New Smyrna Beach, Florida 32168. 4. | Onor about October 9, 2016, a law enforcement officer observed Respondent siting in the driver’s seat of a parked vehicle. 5. The law enforcement officer found two alprazolam! tablets, three or more methadone? tablets, and a diazepam? tablet in her possession. 6. Respondent did not have a legitimate purpose to possess alprazolam, methadone, and/or diazepam. 7. Qn or about December 20, 2016, Eduardo A. Sanchez, M.D., a physician specializing in addiction medicine, evaluated Respondent pursuant to a Department order. 8. Dr. Sanchez diagnosed Respondent with opioid use disorder, sedative hypnotic anxiolytic use disorder, and stimulant use disorder. 9. Dr. Sanchez opined that Respondent is not able to practice with 1 Alprazolam is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2016), 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 III. ? Methadone is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2016), methadone is a Schedule IT 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 methadone may lead to severe psychological or physical dependence. 3 Diazepam, commonly known by the brand name Valium, is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2016), diazepam 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 diazepam may lead to limited physical or psychological dependence relative to the substances in Schedule III. DOH v. Allison M. Hopkins, R.R.T. 2 DOH Case Number 2016-25633 reasonable skill and safety to patients. COUNT I 10. Petitioner re-alleges and incorporates by reference paragraphs 1 through 9 as if fully set forth herein. 11. Section 468.365(1)(w), Florida Statutes (2016), authorizes discipline against a respiratory therapist who is unable to practice respiratory therapy 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. 12. Respondent is unable to practice respiratory therapy with reasonable skill and safety to patients due to one or more of the following: a. opioid use disorder; b. sedative hypnotic anxiolytic use disorder; and/or c. stimulant use disorder. 13. Based on the foregoing, Respondent violated Section 468.365(1)(w), Florida Statutes (2016), by being unable to practice respiratory therapy 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, Allison M. Hopkins, R.R.T. 3 DOH Case Number 2016-25633 COUNT IT 14. Petitioner re-alleges and incorporates by reference paragraphs 1 through 9 as if fully set forth herein. 15. Section 468.365(1)(g), Florida Statutes (2016), authorizes discipline against a respiratory therapist who engages or attempts to engages in the possession, sale, or distribution of controlled substances, as set forth by law, for any purpose other than a legitimate purpose. 16. Respondent engaged and/or attempted to engage in the possession, sale, and/or distribution of alprazolam, methadone, and/or diazepam. 17. Based on the foregoing, respondent violated Section 468.365(1)(g), Florida Statutes (2016). WHEREFORE, Petitioner respectfully requests that the Board of Respiratory Care 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. DOH v. Allison M. Hopkins, R.R.T. 4 DOH Case Number 2016-25633 ~~ _ SIGNED this |" day of __ Dana , 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary A Brynna J. Ross, Esq. Florida Bar Number 49933 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (p) 850-245-4444 ext. 8102 (f) 850-245-4662 (e) brynna.ross@flhealth.gov FIL DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE JAN L 8 2017 PCP: January 18, 2017 PCP Members: Joseph Frey and Dick Fields DOH v. Allison M. Hopkins, R.R.T. DOH Case Number 2016-25633 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 pursuant to 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. DOH v. Allison M. Hopkins, R.R.T. 6 DOH Case Number 2016-25633

Docket for Case No: 17-004169PL