STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2020-09972 TERRY KAY WESTFALL, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Respondent Terry Kay Westfall, 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 (2019); chapter 456, Florida Statutes (2019); and chapter 464, Florida Statutes (2019). 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 9371865. 3. At all times material to this Complaint, Respondent's address of record was 6260 25th Way South, St. Petersburg, Florida 33712. 4. On March 15, 2020, Respondent possessed two 20 mg oxycodone tablets, two 5 mg _ oxycodone tablets, two hydrocodone acetaminophen tablets, and/or one 30 mg phentermine tablet. 5. Respondent does not have a valid prescription or legitimate medical reason for possessing these controlled substances. 6. Respondent removed, or stole, the aforementioned controlled substances from Bayfront Hospital. COUNT I 7. Petitioner re-alleges and incorporates paragraphs one through six as if fully set forth herein. 8. Section 464.018(1)(h), Florida Statutes (2019), authorizes discipline against a licensee for engaging in unprofessional conduct. 9. Rule 64B9-8.005(2), Florida Administrative Code, defines unprofessional conduct to include the misappropriation of drugs, supplies, or equipment. 10. Respondent misappropriated two 20 mg oxycodone tablets, two 5 mg oxycodone tablets, two hydrocodone acetaminophen tablets, and/or one 30 mg phentermine tablet from Bayfront Hospital. Administrative Complaint ; Dep't of Health v. Terry Kay Westfall, R.N. DOH Case No. 2020-09972 11. Based on the foregoing, Respondent violated section 464.018(1)(h) as defined by Rule 64B9-8.005(2). COUNT II 12. Petitioner re-alleges and incorporates paragraphs one through six as if fully set forth herein. 13. Section 464.018(1)(i), Florida Statutes (2019), authorizes discipline against a licensee for engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in chapter 893, for any other than legitimate purposes authorizes by this part. 14. Respondent possessed oxycodone, hydrocodone acetaminophen, and/or phentermine without having a valid prescription or legitimate purpose to possess them. 15. Based on the foregoing, Respondent violated section 464.018(1)(i). 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. Terry Kay Westfall, R.N. DOH Case No. 2020-09972 on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 19th day of May, 2020. Scott A. Rivkees, M.D. State Surgeon General FILED DEPARTMENT OF HEALTH , DEPUTY CLERK /s/ Kristen Summers, for CLERK: Amanda Morales DATE: 05/20/2020 Gerald C. Henley, II, Esq. Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 558-9832 TELEPHONE (850) 245-4684 FAX Florida Bar No. 1005574 Gerald.Henley@flhealth.gov PCP Meeting: May 19, 2020 PCP Members: Munoz & Desmond Administrative Complaint Dep't of Health v. Terry Kay Westfall, R.N. DOH Case No. 2020-09972 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. Terry Kay Westfall, R.N. DOH Case No. 2020-09972

Docket for Case No: 21-001364PL