Yo v GQ # STATE OF FLORIDA LY DEPARTMENT OF HEALTH OS 0, BOARD OF NURSING DEPARTMENT OF HEALTH, Petitioner, 63-376 vs. Case No. 97-13614 VALERIE DEANNE BOYD, Respondent. ar ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Nursing against VALERIE DEANNE BOYD, hereinafter refered t0 as “Respondent, ” and alleges 1. Effective July 1 1, 1997, Petitioner i is s the s state e agency charged with ‘regulating the the practice of nursing pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes, 2 Pursuant to the authori of Sectio 20 433), Florida Statutes (Supp. _ 1996), the Petitioner has contacted with the Agency for Health Care © Adminstration to provide consumer ‘complaint, investigative, and Prosecutorial services required by the ‘Division of Medical Quality Assurance, councils, or boards, as appropriate, including the . issuance of emergency orders of suspension or restriction. times material I ero Fi licensed: asa registered n nurse, having been issued license number RN1797202. a coe ge ere 4. Respondent! s last known address is 1975 Coolidge Avenue, Melbourne, Florida 32935- 3041. 5. On or about August 1994, Respondent was referred to the Intervention Project for Nurses (IPN), a monitoring and referral program for impaired nurses, by Holmes Regional Hospice after she admittedly altered a prescription for Tussinex. 6. On or about September 1994, Respondent returned to nursing practice as the Director of Nurses at Medic Home Health Care Center. a On or about October 1994, , Respondent was as admitted to Circles of Care, a mental health facility, secondary to an overdose on Desary. Respondent did not have. a prescription for Desaryl. 8. On or about November 1994, Respondent returned to nursing practice with uneventful participa ion in IPN until on or about January 1997. ae On or about January 14, 1997, Respondent was required to submit a urine sample Pursuant to IPN monitoring policy. - 10. . The ‘aforementioned sample tested positive for Ethanol (alcohol). — 1. Onorabout January 22, 1997, peepee was s evaluated and ity was 1997. sample by her employer, Health First, because of cusposted diversion 0. 14. The aforementioned sample tested positive for Percocet. TTT CRETE opener Ww o) 15. Percocet is a Schedule fi controlled substance pursuant to Chapter 893, | Florida Statutes, with a high potential for abuse which may lead to severe psychological : or physical dependence. . - 16. . ‘Onorab or about t July 1, 1997, Respondent d did not have a prescription or valid medical excuse for using Percocet. 17. Onor about July 18, 1997, Respondent contacted IPN requesting to be : dismissed from the program. 18. On or about July 22, 1997, Respondent was dismissed from the IPN program at her request. - 19. The Respondent's continued use of alcohol and/or controlled substances affects her ability to practice nursing safely. COUNTI 20. Petitioner realleges and i incorporates by re reference the foregoing allegations contained i in » paragraphs one aS thr nineteen (19) as if fully st stated herein. 21. Based on the foregoing, 5 the Respondent’ s license t to practice nursing in the : State of Florida i is s subject to discipline Pursuant t to Section 464, 018 1), Florida Statutes’ b violating 64B9-8.00 ‘ode, by testing positive for any drugs under Chapter 893 on an’ re-employment orem iployer ordered h dru; . usi drug s¢ screen when the nurse does not have a prescription and legitimate medical reason for i t b : : ” _ COUNT i %, S x. < 22. Petitioner realleges and incorporates by reference the foreaoiiics ty Q ntained in paragraphs one (1) through nineteen (19) as if fully stated herein. es 23. Based on the foregoing, the Respondent’s license to practice nursing i in the State of Florida is subject to discipline pursuant to Section 464.018(1)(j), Florida Statutes, 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. respectlly requests the Board of Nursing enter an Order in imposing 0 one or more cof the following penalties: imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief thatthe Board deems appropriate. SIGNED this ZV i day of Sébru Ga , 19998 ~ Douglas M. Cook. Director y: ‘Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration Sitka Dro At aoa eah ad cada diag aaa 'w) - ma) COUNSEL FOR AGENCY: Reginald Ifixon | Staff Atto, Florida B ber 0112925 : Agency for Health Care Administration General Counsel’s Office-MQA Allied Health , P.O. Box 14229 : ' Tallahassee, FL 32317-4229 (850) 487-9649 -RD:cb- , Pcp: 8 [gro Dom: | ENG (95

Docket for Case No: 00-000378