A ha RECEIVES: LEGAL STATE OF FLORIDA QOAPR-7 AMIN: 23 DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH : Ti loo . « S35 pm Qo Petitioner, vs. Case No. 1999-60771 MARILYN BESS STOUFFER, R.N., a/kfa MARILYN SADAR, 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 the Respondent, and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 20, 455, and 464, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration 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. 3 . “STOUEFER has at all times pertinent hereto been a duly licensed registered nurse pursuant to Chapter 464, Florida Statutes, having been issued license number RN 2677802. 4, STOUFFER’s last known address is 6770 NW 21st Street, Margate, Florida 33063, yw v) 5. in October 1999, STOUFF ER was employed by University Hospital and Medical Center (hereinafter referred to as "University”), in Tamarac, Florida. 6. “-On or about October 6, 1999, at approximately 11:00. a.m., Valencia Minto, R.N. observed STOUFFER exhibiting characteristics of possible impairment, including but not limited to, erratic behavior, fragmented sentence structure when speaking, agitation, and disheveled physical appearance. Minto reported her observations to Margaret Leeder, R.N., Chief Nursing Officer. 7. On or about October 6, 1999, STOUFFER submitted to a drug screen at the request of University and was suspended from duty pending the results of the drug screen. 8. On or about October 10, 1999, at approximately 2:30 a.m., Delores Washington, LPN. and Dorene Simon, L.P.N. observed an unidentified woman on the third floor of the hospital standing near the glove dispenser. The woman was wearing blue scrub pants, a flower print scrub top and a scarf that covered her head and neck. Simon asked the woman why she had a scarf around her neck. The woman replied that she had a rash. Simon asked the woman why would she come to work with a rash. The woman Gave an incoherent response and quickly exited the floor | | 9. Washington and Simon became suspicious of the woman because it appeared as if the woman was using the scarf to conceal her identity. Washington and Simon called University security and reported that an unidentified woman was observed acting suspiciously on the floor. ote A Rb Ae 2 10. University security guard Lynwood Walker responded to the report - by Washington and Simoh. Walker checked every floor of the hospital and finally “observed a woman fitting the description given by Washington and Simon exiting the stairwell on the first floor. The woman did not have a scarf on her head, but had been wearing clothes matching the description by Washington and Simon. The woman appeared to be nervous. Walker approached the woman and asked her if she was coming to work or leaving. The woman indicated that she was leaving work. Walker observed the woman get into her vehicle and leave the premises. 11. Walker identified the woman as STOUFFER from her personnel photo. 12. STOUFFER's suspension from duty was still in effect on October 10, 1999. 13. On or about October 10, 1999, because of STOUFFER's suspicious behavior, Joanne Moscwitz . Nursing Administrative Assistant to Leeder, conducted an audit of the Pyxis system for October 9 and 10, 1999. 14. The Pyxis system is the apparatus that stores and dispenses patients’ medications while electronically recording when medication was dispensed, which nurse withdrew the medication, and the patient for whom the medication was withdrawn. a ee 15. The audit of the Pyxis system for October 9 and 10, 1999, revealed the following: Patient S.B. a, On or about October 10, 1999, at approximately 2:22 a.m., STOUFFER removed Demerol 75mg from the Pyxis for Patient S.B.; b. University has no record of having a patient by the name of S.B.; "Patient RB. C. On or about October 10, 1999, at approximately 2:24 a.m., STOUFFER removed Dilaudid 2mg from the Pyxis ‘for Patient R.B., without documenting administering the Dilaudid . to Patient R.B. or wasting the Dilaudid; d. On or about October 10, 1999, Patient R.B. did not have a physician's order for Dilaudid to be administered; Patient R.S. e. On or about October 10, 1999, at approximately 2:27 a.m., STOUFFER removed .... Dilaudid 2mg from the Pyxis for Patient R.S. - without documenting administering the Dilaudid . fo Patient R S. or wasting the Dilaudid, and On or about October 10, 1999, Patient RS. did “hot have a physician's order for Dilaudid to be 16. ‘bemala and Dilaudid dare Schedule II controlled substances under Chapter 893, Florida Statutes. A substance in Schedule il has a high potential for abuse and has currently accepted but severely restricted medical use in a . Ww treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. 17. , A nurse’s repeated withdrawal of controlled substances for patients who do not have physicians’ orders for them and the Subsequent failure to document his or her administration to patients and/or wasting of the medication is a strong indicator that a nurse may be diverting said controlled substances. 18. On or about October 12, 1999, the results of STOUFFER’s submitted on October 6, 1999, drug screen returned positive for Cocaine. 19. Cocaine is a Schedule II controlled substance under Chapter 893, Florida Statutes. _ | 20. STOUFFER did not have a lawful prescription and valid medical reason for using Cocaine. . 21. On or about October 12, 4999, STOUFFER was referred to the _Intervention Project for Nurses (hereinafter referred to as "IPN") by Judy Othrow, University Human Resources Coordinator due to the positive drug screen and the documentation discrepancies. The IPN program acts as a consultant to the Agency pursuant. to Section 455. 707, Florida Statutes, for evaluation and treatment. of Impaired practitioners. IPN monitors treatment, if appropriate, , conducts random drug screens, and provides for F exchange of information for . impaired practitioners among the t treatment programs, IPN, the Agency, and the Department. — lw Ww 22. STOUFFER denied using controlled substances, and therefore, did not meet the criteria of admission into IPN. On October 18, 1999, IPN discontinued attempts to monitor STOUFFER. 24. STOUFFER is unable to practice nursing with reasonable skill and safety to patients due to the use of drugs, narcotics, chemicals, or any other type of material. Count | 25. Based on the foregoing, the Respondent's license is subject to discipline pursuant to Section 464.018(1)(h), Florida Statutes, by failing to conform to the minimal acceptable standards of prevailing nursing practice by violation Rule 64B9-8.00(18), Florida Administrative Code, by testing positive for any drugs under Chapter 893 on any pre-employment or employer ordered drug screen when the nurse does not have a prescription and legitimate medical reason for using such drug. Count Il 26. Based on the foregoing, the Respondent's license is subject to discipline pursuant to Section. 464.018(1)(i), Florida Statutes, by engaging or attempting to engage in the possession, sale or distribution of controlled : substances under chapter 893 for other than legitimate purposes. oe Count Ill 27. . Based on the foregoing, the Respondent's license is subject to discipline pursuant to Section 464.018(1)(), Florida Statutes, for being unable to practice nursing with reasonable skill and safety to patients by reason of illness We | ed or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical ‘condition. WHEREFORE, Petitioner respectfully request that the Board of Nursing enter an Order imiposing one or more of the following penalties: Revocation or suspension of Respondent's license, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, costs, and/or any other relief that the Board deems appropriate. Signed thisL{thday of LY 2 Wt , 200 £2. Robert G. Brooks, M.D. Secretary, Department of Health Nancy Snurkowski, Chief ttorney On Behalf of the Agency for Health Care Administration COUNSEL F THE PETITIONER: Reginald D. n, Senior Attorne DEPARTMENT OF H FBN: 012045 , DEPUTY CLERK Agency for Health Care Administration CLERK Ubi R Moe Allied Health Section DATE Ye S- 2ooo _ Post Office Box 14229 ; ; pone Tallahassee, Florida 32317-4229 (850) 414 - 8576 - RDDird —- PcP:Co“A pow: 2h a000 COUNSEL FOR THE RESPONDENT: Richard B. Marx, Esquire 66 West Flagler Street (Second Floor) Miami, Florida 33130. peep ee a eee ee eee

Docket for Case No: 00-002863PL