STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-16158 MARTHA JOLENE MAYNARD-DIXON, R.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 Respondent, Martha Jolene Maynard-Dixon, 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; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Complaint, Respondent was a registered nurse (“R.N.”) within the state of Florida, having been issued license number RN 9237434, 3. | Respondent’s address of record is 6191 82" Terrace, Pinellas Park, Florida 33781. 4. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2015). 5. On or about May 11, 2016, Respondent provided a urine specimen pursuant to a preeemployment drug screening (“drug screen”). 6. On or about May 16, 2016, the drug screen results returned positive for cocaine. 7. Respondent does not have a lawful prescription and legitimate medical reason for using cocaine. 8. Section 456.072(1)(aa), Florida Statutes (2015), provides that testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug is grounds for disciplinary action. 9. Section 112.0455(5)(a), Florida Statues (2015), provides that drug means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine Department of Health v. Martha Maynard-Dixon, R.N. 2 DOH Case Number 2016-16158 (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. 10. As set forth above, Respondent provided a urine specimen pursuant to a preemployment drug screening which was confirmed positive for cocaine, which Respondent does not have a lawful prescription and legitimate medical reason for using cocaine. 11. Based on the foregoing, Respondent violated Section 456.072(1)(aa), Florida Statutes (2015), by testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer- ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. Department of Health v, Martha Maynard-Dixan, R.N. 3 DOH Case Number 2016-16158 WHEREFORE, the 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 the 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 \ day of Woy anno , 2016. Celeste Philip, M.D., M.P.H. State Surgeon General and Secretary . Taupier FILED Assstant General Counsel DEPARTMENT OF HEALTH Fla. Bar No. 106732 DEPUTY CLERK Florida Department of Health CLERK: Angel Sanders : Office of the General Counsel paTE: NOV 012016 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 Facsimile: (850) 245-4662 Email: marc.taupier@flhealth.gov pcp: Nov. \ Tel PCP Members: were a 7 Conwy Department of Health v. Martha Maynard-Dixon, R.N. 4 DOH Case Number 2016-16158 ‘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. Department of Health v, Martha Maynard-Dixon, R.N. 5 DOH Case Number 2016-16158

Docket for Case No: 20-004746PL