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DEPARTMENT OF HEALTH, BOARD OF NURSING vs REBECCA ELIZABETH ROCKMAN, R.N., 19-003504PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-003504PL Visitors: 77
Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: REBECCA ELIZABETH ROCKMAN, R.N.
Judges: G. W. CHISENHALL
Agency: Department of Health
Locations: Crestview, Florida
Filed: Jun. 28, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 6, 2019.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-05222 REBECCA ELIZABETH ROCKMAN, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Nursing against Respondent Rebecca Elizabeth Rockman, 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 (2015); Chapter 456, Florida Statutes (2015); and Chapter 464, Florida Statutes (2015). 2. Atall times material to this Complaint, Respondent was licensed to practice nursing within the State of Florida, having been issued License Number RN 9199342. 3. Respondent's address of record is 2452 Highway 183A, Ponce De Leon, Florida 32455. 4. On or about November 10, 2015, D.M., M.D., a physician specializing in addiction medicine, conducted an Intervention Project for Nurses (IPN) facilitated evaluation of Respondent. 5. IPN is the impaired practitioner program for the Board of Nursing, pursuant to Section 456.076, Florida Statutes (2015). 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. 6. Dr. D.M. diagnosed Respondent with severe stimulant use disorder, moderate alcohol use disorder, mild cannabis use disorder, and opioid use disorder. 7. Dr. D.M. opined that Respondent is unable to practice nursing with reasonable skill and safety to patients. 8. Section 464.018(1)G), Florida Statutes (2015), subjects a 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 DOH v, Rebecca Elizabeth Rockman, R.N. 2 DOH Case Number 2016-05222 chemicals or any other type of material or as a result of any mental or physical condition.” 9. Respondent violated Section 464.018(1)(), Florida Statutes (2015), by being unable practice nursing with reasonable skill and safety to patients due to one or more of the following: a. severe stimulant use disorder; b. moderate alcohol use disorder; c. mild cannabis use disorder; and/or d. opioid use disorder. 10. Based on the foregoing, Respondent violated Section 464.018(1)(j), Florida Statutes (2015), 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 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 OOH v. Rebecca Elizabeth Rockman, R.N. 3 DOH Case Number 2016-05222 billed or collected, remedial education and/or any other relief that the Board deems appropriate. an) SIGNED this__ 8 day of__ Maw , 2016. FILED Department Of Health Deputy Clerk Sanders ERK Angel DATE war og 206 PCP Date: March 8, 2016 PCP Members: Barbara Kemp, Kathy Wilson DOH vy. Rebecca Elizabeth Rockman, R.N. DOH Case Number 2016-05222 John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health ¥ Wio Lindsay Wells Grogan Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0088564 (850) 245-4444 x 8167 Telephone (850) 245-4662 Facsimile 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 all 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, Rebecca Elizabeth Rockman, R.N, 5 DOH Case Number 2016-05222

Docket for Case No: 19-003504PL
Issue Date Proceedings
Aug. 06, 2019 Order Granting Unopposed Motion to Relinquish Jurisdiction. CASE CLOSED.
Aug. 02, 2019 Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
Aug. 01, 2019 Notice of Substitution of Counsel (Matthew Witters) filed.
Jul. 31, 2019 Order Regarding Petitioner's "Motion to Compel Discovery Responses".
Jul. 31, 2019 Order Granting "Amended Motion to Withdraw".
Jul. 30, 2019 Petitioner's Motion to Compel Discovery Responses filed.
Jul. 30, 2019 Amended Motion to Withdraw filed.
Jul. 30, 2019 Order Denying "Motion to Withdraw" without Prejudice.
Jul. 29, 2019 Motion to Withdraw filed.
Jul. 17, 2019 Order Rescheduling Hearing (hearing set for September 17, 2019; 9:00 a.m., Central Time; Crestview, FL).
Jul. 17, 2019 Order Granting Petitioner's Unopposed "Motion for Respondent to Undergo a Mental and Physical Examination".
Jul. 16, 2019 Notice of Appearance (Logan White) filed.
Jul. 15, 2019 Petitioner's Unopposed Motion for Continuance or Rescheduled Final Hearing filed.
Jul. 08, 2019 Petitioner's Unopposed Motion for Respondent to Undergo a Mental and Physical Examination filed.
Jul. 08, 2019 Order of Pre-hearing Instructions.
Jul. 08, 2019 Notice of Hearing (hearing set for August 27, 2019; 9:00 a.m., Central Time; Crestview, FL).
Jul. 05, 2019 Joint Response to the Initial Order filed.
Jul. 01, 2019 Initial Order.
Jun. 28, 2019 Notice of Serving Petitioner's First Request for Admissions, First Set of Interrogatories, and First Request for Production filed.
Jun. 28, 2019 Election of Rights filed.
Jun. 28, 2019 Administrative Complaint filed.
Jun. 28, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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