4 pp ayy. = STATE OF FLORIDA 8 yor) DEPARTMENT OF HEALTH {Dy PH 7.5) ‘ Shep Slow oe DEPARTMENT OF HEALTH ARISAT ee + oS v aq Petitioner, vs. Case No. 99-03586 DEBORA J. ELWELL, LO0-3/ 55 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, DEBORA J. ELWELL, 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. 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 1342121. 4. ELWELL's last known address is 4428 Highland Lane, Lakeland, Florida 33813.. U Ww 5. On or about February 1999, ELWELL entered into intensive outpatient treatment through Lakeland Regional Medical Center (hereinafter referred to as "Lakeland Regional") due to admitted alcohol abuse. 6. Between February 1999 and May 1999, ELWELL participated in intensive outpatient treatment through Lakeland Regional. 7. On or about May 4, 1999, ELWELL was re-evaluated by Gilda Ellis, M. Ed., C.A.A.P. I, and diagnosed with alcohol dependency. . 8. During the evaluation, ELWELL admitted to binge drinking every two (2) to three (3) weeks since September 1998. 9. Ellis noted in her preliminary assessment of ELWELL that the intensive outpatient treatment through Lakeland Regional "has not been successful for her (ELWELL)." 10. Alcohol is a substance that affects an individual's motor and higher cognitive skills, and if consumed in sufficient amounts, will interfere with that individual's ability to observe events and accurately record those observations. 11. As a licensed nurse, one of ELWELL's primary functions is to observe patients for changes in the patients’ conditions, to accurately record those observations and to take appropriate intervention based on the patients! conditions and the physicians’ orders for the patients. . 12. The use and/or abuse of alcohol interferes with ELWELL's ability to observe changes in patients' conditions, to accurately record those observations and to take appropriate intervention based on the patients' conditions and the physicians’ orders for the patients. U LY 13. Based on the foregoing, ELWELL is subject to discipline pursuant to Section 464.018(1)G), 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 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 imposing 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 thig WCrflaay of Worn 199 Robert G. Brooks, M.D. Secretary, Department of Health BY: Nancy Snurkowski, Chief Altefney On Behalf of the Agency for Health Care Administration COUNSEL 5 THE PETITIONER: Reginald D. Dixen, Senior Attorney este ES FBN: 011292. ‘a HED AUTH Agency for Health Care Administration OE A AaTY CLERK Allied Health Section * Q Post Office Box 14229 CLERK APU CNM Ys, Tallahassee, Florida 32317-4229 pate (8-26-49 | (850) 414 - 8576 : RDD/rd pcp: Av 40 pom: 72 A o/ 77 S:\Nursing\ACs\ac-ELWELL.doc

Docket for Case No: 00-003155PL