A MCT Naor STATE OF FLORIDA DEPARTMENT OF HEALTH BEPARTMENT OF HEALTH | Petitioner, vs. . Case Nos. 2000-13658 ; 2000-12302 KARIN OMBRES Ol 30 FOP CO 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 oe against the Respondent, KARIN OMBRES, and i in support thereof alleges: 1. Petitioner is the state agency charged with Fegulating the practice of nursing cs pursuant to Chapters 20, 456, ‘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 Registered Nurse in the State of Florida, having been issued license number 3388212. : 4, Respondent's last known address is 1416 North “M” Street, Lake Worth, FL. _ 33460. 10. practice. Count I On or about February 29, 2000, while Respondent: was employed by JFK Hospital in Atlantis, Florida, nursing management was alerted to the Respondent’s unusual and a coincidental shortage of Demerol, a Schedule II controlled substance under Section 893.02(2), Florida Statutes. Initially, Respondent denied having been chemically impaired while on duty, but subsequently, Respondent admitted having diverted Demerol for her personal use from a patient under her care. Diversion of controlled substances from patients is not acceptable nursing Based on ‘the foregoing, Respondent i is subject to discipine p pursuant to Section Sn ae Spe: 464. 018(4)(h), Florida Statutes, for engaging in unprofessional conduct which is further defined by reference to Chapter 64B9-8. 005(13), Florida | Administrative _ Code, by failing to conform to the minimal Standards of acceptable and prevailing nursing practice regardless of whether a or not actual i injury was sustained, Petitioner realleges and incorporates by reference Paragraphs 1 8 as i set forth below. On or about October 19, 2000, Respondent was employed by Private Care, Inc., a health care staffing company, and had been assigned to provide maternity nursing services at Bethesda Memorial Hospital located in Boynton Beach, Florida. ALLA BLA ea ac Ae ca ERAS RAR ET RE tetera 11. On said date, coworkers observed the Respondent behaving in what they believed to be an unusual manner. 12. | Accordingly, supervisory staff were alerted and an audit of the medication repository was conducted which revealed a significant number of unaccounted for narcotic medications. 13. Subsequent review of the maternity unit's Pyxis machine's (a medication dispensing device which requires a confidential personal code number and patient identifier be entered to authorize access) computerized memory revealed the Respondent had dispensed narcotics for patients of facility's pediatric ward. 14. | Respondent had not been assigned to the hospital's pediatric ward and was not authorized to attended to any patients therein. 45. . On the basis of its initial investigation, hospital management requested Respondent undergo a chemical urinalysis to rule out the presence of controlled 4 é substances. 16. The Respondent’ Ss urinalysis revealed the presence of marijuana. Marijuana is considered a Schedule I controlled substance under an States and its use under medical supervision does not meet accepted Safety standards. 18. | Respondent did not have a lawful prescription for nor legitimate medical reason for using marijuana. 19. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.018(1)(h), Florida Statites, for engaging in unprofessional conduct which is further defined by reference to Chapter 64B9-8.005(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 Ill 20. Petitioner realleges and incorporates by reference Paragraphs 1-19 as if set forth below. | i Y 21. On or about October 19, 2000, Respondent withdrew various controlled substances, as de ned i in » Chapter 893, from the hospita Ss Pyxis machine which — she did ‘not administer to patients and/or for which the patients did not have a physician’s order to receive and/or for which she did not have authorization to treat. 22. Such conduct is a departure from acceptable nursing practice. Based on the foregoing, Respondent is subject to discipline pursuant to S sustained. TELS PLA os Ay, a Y vf naling oD WHEREFORE, Petitioner respectfully requests that the Board of Nursing entep ; ssc: revonation ap ep Usin, OM, an Order imposing one or more of the following penalties: revocation or susp Bio ot 25 Vay heg ” Respondent's license, imposition of an administrative fine, issuance of a reprim. oo 7 placement of the Respondent on probation, costs, and/or any other relief that the Board deems appropriate. on tethLetal (O SRL hin RU ot COUNSEL FOR THE PETITIONER: James A. Bordonaro, Esq. F i LED Fla. Bar No. 129471 DEPARTMENT OF HEALTP ' Agency for Health Care Administration : ah CLERK . Post Office Box 14229 ~eRK Yobip, Keno Tallahassee, Florida 32317-4229 . i ® (850) 414-8437 ae Sfet | MENEM 6/39 of

Docket for Case No: 01-003086PL