ch Vv U_.00-2402 "STATE OF FLORIDA PILED DEPARTMENT OF HEALTH 00 JUN-7 PH 3:99 DEPARTMENT OF HEALTH, | PETITIONER, | vs. oe CASE NUMBER: 99-01761 JANIECE VANTERPOOL FLAX 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 JANIECE VANTERPOOL FLAX, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner i is the si state agency charged with regulating the practice of nursing pursuant to Section 20. 43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Adminstration to provide consumer complaiat, “niedigative: and prosecutorial s services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. ~ 2. Respondent is, and has been at all times material hereto, a licensed PRACTICAL Nurse in the state oF Florida, having been issued license number PN 098071. Respondent's last known address i is 18722 SW Ist Avenue, Miani, FL 33197. ) . 3. At all times material hereto, Respondent was employed by Vencor Hospital. eer epee mens on) : cv) 4. On or about January 4, 1999, Respondent withdrew Demerol from the Pyxis machine for five (5) patients at Vencor Hospital. 5. None of the aforementioned five (5) patients had physicians’ orders for Demerol. 6. Respondent failed to document administering or wasting the aforementioned Demerol. 7. Pursuant to chapter 893, Florida Statutes, Demerol is a schedule II controlled substance that has a high potential for abuse and may lead to severe psychological or physical dependence. 8 Respondent did not have a prescription for or a legitimate purpose engaging in the possession of Demerol. Count I 9. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 10. Based on the foregoing, Respondent i is subject to discipline pursuant to section 464, 4.018436, Florida Statutes, by unpro essional conduct, which sh i include, but not be limited to, any departure from, or the failure to conform to, the ininimal standards of acceptable and prevailing nursing practice, in which case actual injury need not be established. Count IT ll. Petitioner realleges and incorporates by reference the allegations of fact contained - in the foregoing paragraphs as if fully stated herein, Ww a i] | | . “se 12. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.018(1)(i), Florida Statutes, 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 authorized by this chapter, ’ WHEREFORE, Petitioner respectfully requests the Board fof Nursing enter an order imposing one or more of the following penalties: revocation or r suspension of the Respondent’s 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 this WA day of \ \¢ Win tow , 1999. Dr. Robert G. Brooks, M.D., Secretary - Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONE Chris Steinhaus, Atto: Florida Bar Number + 66 Agency for Health _, Allied Health LP. O. Box 14229 ~ Tallahassee, FL 32317-4229 ~ (850) 414-8576 CJS/cjs PCP: Lp} paTEaday" pref tt =1LED DEPARTMENT t OF HEALTH EPUTY CLERK es ‘enw (6 35 DATE. ie

Docket for Case No: 00-002403