STATE OF FLORIDA DEPARTMENT OF HEALTH BOARD OF NURSING DEPARTMENT OF HEALTH, Petitioner, vs. Case No. 9710049 MARK STEPHEN RUMBEL, : 0 0-Yo0b Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Nursing against MARK STEPHEN RUMBEL, 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 (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. 2 Pursuant to the authority of Section 20.43(3)(f), Florida Statutes (Supp. 1996), 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, licensed as a registered nurse, having been issued license number RN2731322. 4. Respondent’s last known address is 305 Tennyson Road, Winter Haven, Florida 33884. 5. In or about May 1997, Respondent called in a prescription for a controlled substance via telephone to Walgreen’s pharmacy indicating that the prescription was for T.W. T.W. was Respondent’s wife at the time. 6. Respondent used the DEA number of a dentist in Frostproof, Florida. 7. The pharmacist alerted the dentist about the prescription that Respondent telephoned in. The prescription was not filled. 8. When confronted about the forged prescription, Respondent agreed to enter into a treatment program to avoid criminal prosecution. 9. Respondent entered a five to seven day evaluation at Healthcare Connections (HCC) located in Tampa, Florida. 10. | HCC recommended to Respondent that he participate in a chemical dependency program. On or about May 14, 1997, Respondent contacted IPN upon the recommendation of HCC. 11. On or about May 20, 1997, Respondent rescinded his confidentiality release and indicated he would be retuming to work unless the Board of Nursing takes action against his license. 12. On or about July 8, 1997, Respondent was interviewed telephonically by an agency investigator and Respondent admitted using the dentist’s DEA number and calling the prescription in for T.W. 13. _ IPN indicates that Respondent entered extensive outpatient treatment on or about August 5, 1997 and they are in the process of formulating his contract. 2 COUNT I 14. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 15. Based on the foregoing, the Respondent’s license to practice nursing in the State of Florida 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 as set forth in Chapter 893, for any other than legitimate purposes. COUNT It 16. Petitioner realleges and incorporates by reference the foregoing allegations contained in paragraphs one (1) through thirteen (13) as if ‘fully stated herein. 17. Based on the foregoing, the Respondent’s license to practice nursing in the State of Florida is subject to discipline pursuant to Section 464.018(1)(j), 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 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: imposition of an administrative fine not to exceed $1,000, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED thif Hh day of hws , 19997 Douglas M. Cook Director Aa. M. Snurkow Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Susan B. Bodell qe 7 Senior Attorney F | . Florida Bar Number 0987859 AE ¢ HEALTH Agency or Heat om OA DEPART CLERK eneral Counsel’s Office - MQA o . Allied Health cuenk yptiphome 9. Tallahassee, FL 32317 - 4229 P.O. Box 14229 . nare___B/l0of46__ (850) 487-9697 SBB:cb Pcp: LB / Lm

Docket for Case No: 00-004006PL