STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, . PETITIONER, vs. CASE NUMBER: 98-16617 AND 98-17415 LAURA MARIANI RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Nursing against LAURA MARIANI, hereinafter referred to as “Respondent,” and alleges: oe i |=Effe ive ve July 1, 1997 Petitioner i is th State agency charged with beplating the practice of nursing g pursuant to Section 20. 43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. Pursuant to the authority of Section 20. 43 0, Florida Statutes, , a licensed ida, having been issued license number RN 2625912. be an) _ U | 4, On or about May 26, 1998, Respondent was observed by Gloria Chiras, Nursing Coordinator at Shands, Linda Cohen, RN, and Jennifer Bart, RN, to be exhibiting signs consistent with impairment including, but not limited to: pinpoint pupils, slurred speech, difficulty engaging in conversation, inability to remember whether she had given patients their medication, confusion, and leaving the unit for several minutes at time approximately four times during her shift. monaoap 2 5. On or about May 26, 1998, Respondent submitted to a urine drug screen. The urine drug screen retumed Positive for barbiturates and codeine, controlled substances pursuant to chapter 893, Florida Statutes. 6 On or about March 27, 1999, Respondent was reported to the Intervention Project for Nurses (IPN), a monitoring and referral service for impaired nurses, by Shands, following the aforementioned incidents. 7. Respondent was subsequently evaluated by Dr. Gary Proctor, » MD, who diagnosed Respondent with opioid abuse. 8. Dr. Proctor recommended that Respondent temporarily céase practicing and that she enter into IPN participation beginning with : an inpatient evaluation. 9. IPN discontinued attempts to ‘monitor Respondent following her request that IPN close their file on her. 10 - ‘Petitioner realleges. and incorporates by reference the allegations of fact contained in the tegoing paragraphs as if fully stated herein. sre err Ww Y 11. Due to Respondent's request to terminate IPN participation and noncompliance with monitoring requirements, IPN is unable to provide continuous ‘Monitoring and cannot determine Respondents current nt ability t to » practice nursing safely. 12. - Based ¢ on ‘the: foregoing, Respondent is ; subject to discipline pursuant to Section 464.018(1)q), Florida Statutes, for being unable to practice nursing with reasonable skill and safety to Patients by r 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. 13. in the foregoing paragraphs as if fully stated herein. ; 14. Based on the foregoing, Respondent i is subject to discipline pursuant to section * 464, 018(1)(), Flori limited to, any departure from, OF the failure to conform to, the minimal standards of acceptable and Prevailing nursing practice, i in which case @ actual i injury need n not t be established. alleges and incorporates by reference the allegations of fact contained . i v Y WHEREFORE, Petitioner respectfully requests th the Board of Nursing enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s s — i license, restriction of the Respondent’ s practice imposition of an administrative fine, issuance of | ; . a reprimand, placement of the = Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED “OL day of fe , 1999, COUNSEL FOR PE NER: Chris Steinhaus, A\ Florida Bar Numb 0147966 ~ Agency for Health Care Administration - Allied Health P.O. Box 14229 _ Tallahassee, FL 32317-4229 (850) 414-8576 CJS/cjs Dr. Robert G. Brooks, M.LD., Secretary - Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration FILED DEPARTMENT OF HEALTH EPUTY CLERK CLERK 0. Dew pare (012909 SACRE TEE oe

Docket for Case No: 00-000996