STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-22048 BARBARA J. REUTZEL, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Respondent Barbara J. Reutzel, R.N., and in support thereof alleges: , 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 20.43, Florida Statutes (2017); Chapter 456, Florida Statutes (2017); and Chapter 464, Florida Statutes (2017). 2. At all times material to this Complaint, Respondent was licensed * to practice nursing within the State of Florida, having been issued license number RN 9269145. 3. Atall times material to this Complaint, Respondent's address of record was 635 Tarragona Way, Daytona Beach, Florida 32114. 4. On or about January 17, 2012, Respondent entered into a monitoring contract with the Intervention Project for Nurses! (IPN). 5. The monitoring contract required Respondent to comply with IPN’s requests and recommendations and to maintain abstinence from the use of drugs and alcohol. 6. On or about October 26, 2017, Respondent underwent an evaluation with Derek Robben, M.D., a physician specializing in addiction psychiatry. 7. -Dr. Robben diagnosed ‘Respondent with severe opioid use disorder, in sustained remission, mild alcohol use disorder, rule out moderate to severe, and recurrent major depressive disorder. 8. Dr. Robben opined that Respondent is unable to practice nursing with reasonable skill and safety to patients. 9. Dr. Robben recommended Respondent engage in treatment at the partial hospitalization level of care. IPN adopted Dr. Robben’s 1 IPN is the impaired practitioner program for the Board of Nursing, pursuant to Section 456.076, Florida Statutes (2011-2017). 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. . 2 Administrative Complaint Dep't of Health v. Barbara Reutzel, R.N. DOH Case No. 2017-22048 recommendation. 10. Respondent failed to engage in the recommended treatment without good cause. 11. On or about December 7, 2017, IPN terminated Respondent's monitoring contract based on her failure to comply. with IPN’s recommendations without good cause. Count I 12. Petitioner re-alleges and incorporates paragraphs one through eleven as if fully set forth herein. 13. Section 464.018(1)(j), Florida Statutes (2017), authorizes the Board of Nursing to impose 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. 12. Respondent is unable to practice nursing with reasonable skill and safety to patients due to one of more of the following: a. Mild-to-moderate alcohol use disorder; and/or b. Recurrent: major depressive disorder. 13. Based on the foregoing, Respondent violated Section Administrative Complaint ° Dep't of Health v. Barbara Reutzel, R.N. DOH Case No. 2017-22048 464.018(1)(j), Florida Statutes (2017). Count II 14. ‘Petitioner re-alleges and incorporates paragraphs one through eleven as if fully set forth herein. 15. Section 456.072(1)(hh), Florida Statutes (2017), authorizes the Board of Nursing to impose discipline against a licensee for being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in s. 456.076, 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. 16. Respondent was terminated from IPN based on her failure to comply with the terms of the monitoring contract without good cause, 17. Based on the forgoing, Respondent violated Section 456.072(1)(hh), Florida Statutes. WHEREFORE, Petitioner respectfully requests that the Board 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 Administrative Complaint , Dep't of Health v. Barbara Reutzel, R.N. DOH Case No. 2017-22048 on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this _23 day of _Fevriduy_, 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Kristen M. Summers FILED ) Assistant General Counsel DEPARTMENT OF HEALTH FL DOH Prosecution Services Unit DEPUTY CLERK 4052 Bald Cypress Way, Bin C-65 creer Bnngs Saude Tallahassee, FL 32399-3265 paTe:_FEB 2.3 2018 Florida Bar Number 112206 (T) (850) 558-9909 (F) (850) 245-4662 (E) Kristen.Summers@flhealth.gov PCP Meeting: February 23, 2018 PCP Members: Habgood & Baumwald Administrative Complaint Dep't of Health v. Barbara Reutzel, R.N. DOH Case No, 2017-22048 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 any other discipline imposed. Administrative Complaint Dep't of Health v. Barbara Reutzel, R.N. DOH Case No. 2017-22048

Docket for Case No: 18-002171PL