Th - STATE OF FLORIDA DEPARTMENT OF HEALTH 9 4ijG -9 Pil 3: 26 SAWS TRE iE T OF HEALTH, DMINIS TRAYS. DEPARTMEN A IN SINGS PETITIONER, vs. CASE NUMBER: 99-04583 ESTHER BERARDI aoe 0-325] 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 ESTHER BERARDI, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the 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)(f), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Meédical 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 1119101. Respondent’s last known address is PO Box 1239, Bowling Green, FL 33834. 3. On or about May 23, 1999, Respondent was admitted to Tampa General Hospital (hereinafter “TGH”) following an overdose of Darvocet and ibuprofen. U VU 4. Respondent admitted to ingesting Darvocet that was given to her by an acquaintance. 5. On or about May 28, 1999, Respondent was discharged from TGH. 6. Respondent’s discharge diagnosis included major depressive disorder. 7. On or about June 1, 1999, Respondent was reported to the Intervention Project for Nurses (IPN), a monitoring and referral service for impaired nurses, by her employer, following reports that she was “staring off into space” for long periods of time while at work. 8. On or about June 29, 1999, Respondent was evaluated by David Myers, M.D. 9. Dr. Myers diagnosed Respondent with major depression and recommended a more thorough evaluation to determine the course of treatment necessary for recovery. 10. Respondent failed to follow through with the aforementioned recommendation, 11. Onor about July 29, 1999, IPN discontinued attempts to monitor Respondent following her failure to follow through with their requirements. 12. Pursuant to chapter 893, Florida Statutes, Darvocet is a schedule IV controlled substance, abuse of which may lead to limited psychological or physical dependence. 13. | Respondent did not have a prescription for or a legitimate purpose engaging in| the possession of the aforementioned controlled substance. Count I 14. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 15. Based on the foregoing, Respondent is subject to discipline pursuant to Sectign 464.018(1)(i), Florida Statutes, for engaging or attempting to engage in the possession, sale, or Nw VU distribution of controlled substances as set-forth in Chapter 893, for any other than legitimate purposes authorized by this chapter. Count If 16. _ Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 17. Respondent’s depression affects her ability to practice nursing with reasonable skill and safety to patients. 18. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.018(1)G), Florida Statutes, for 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 respectfully requests the Board of Nursing enter an order imposing one or more of the following penalties: revocation or 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 And day of LX ynh@r _, 1999. Dr. Robert G. Brooks, M.D., Secretary - Department of Health DEPARTMENT OF HEALT! DEPUTY CLERK CLERK Yahi RM ne ; ancy M. Snurkowski DATE 12/23/79 Chief Attorney Agency for Health Care Administration YU COUNSEL FOR PETITIONER: Chris Steinhaus, Staff Attorney Florida Bar Number - 0147966 Agency for Health Care Administration Allied Health P.O. Box 14229 Tallahassee, FL 32317-4229 850) 414-8576 CJ pcp: (109 AL 5 DATE: W)so/h /

Docket for Case No: 00-003257PL