STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2002-26509 MELODY A. SHEFFER, L.P.N., (> 1 TayPe RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Nursing against Respondent, MELODY A. SHEFFER, L.P.N., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed practical nurse (‘L.P.N.”) within the state of Florida and was issued license number 741951. 3. Respondent’s address of record is P.O. Box 530053, Debary FL. 32753-0053. 4. On April 5, 2002, a Final Order issued by the Board of Nursing in case # 2000- 08482 was filed that adopted and incorporated an agreed stipulation between Nurse Sheffer and the Department of Health via the Agency for Health Care Administration. Specifically within that executed Stipulation, under the heading of “Proposed Disposition,” paragraph 4 states: The Respondent shall submit to an evaluation with the Intervention Project for Nurses (IPN), [P.O. Box 49130, Jacksonville Beach, Florida 32240-9130, (904) 270-1620] within sixty (60) days of the Final Order adopting this stipulation. If treatment is recommended, Respondent shall comply with all directives of IPN. If treatment is not recommended, no further action shall be taken against the Respondent’s license. Failure to comply with the directives of IPN shall result in a subsequent Uniform Compliant Form being filed with the Department against the Respondent’s license, which may result in additional discipline, including but not limited to fine, suspension or revocation, being imposed against the Respondent’s license. 5. Petitioner at no time received any appellate process regarding the issuance of the Board of Nursing Final Order in Case No. 2000-08482. 6. IPN is the impaired practitioner program for the Board of Nursing, pursuant to Section 456.076, Florida Statutes (2002). IPN is an independent program that monitors the evaluation, care and treatment of impaired healthcare professionals. IPN oversees random drug screens and provides for the exchange of information between the treatment providers, IPN, and Petitioner, for the protection of the public.. 7. On or about July 18, 2002, Respondent was evaluated by Richard Saini, M.D., an IPN approved provider. Dr. Saini recommended to IPN that Respondent engage in outpatient treatment, individual mental health therapy, individual therapy, IPN participation and random urine drug screens. 8. Respondent did not agree with Dr. Saini’s recommendations and requested a second IPN approved evaluation be conducted. 9. On September 18, 2002, Martha Brown, M.D., an IPN approved evaluator evaluated Respondent. Dr. Brown recommended that Respondent should “participate in IPN and follow all recommendations they deem appropriate,” she should “abstain from al! mood altering = substances unless prescribed by a physician,” she should “undergo psychological testing,” and following a stable recovery program, she should “enter individual psychotherapy to dea] with her family history and sexual abuse issues.” Dr. Brown further advised that she concurred with Dr. Saini’s evaluation that Respondent should engage in “outpatient treatment.” 10. On or about September 24, 2002, Respondent communicated with IPN staff and requested that her IPN file matter be closed. 11. | Onor about September 24, 2002, IPN prepared and sent notification to Petitioner that Respondent did not plan to abide by the IPN directives following her two evaluations. 12. Section 464.018(1)(1), Florida Statutes (2002), provides that any licensee who - knowingly violates any provision of this part (section 464), a rule of the board or the department, or a lawful order of the board or department previously entered in a disciplinary proceeding or fails to comply with a lawfully issued subpoena of the department is subject to discipline. 14. Respondent has violated a lawful Final Order of the Board of Nursing by failing to comply with IPN directions, and by failing to follow the recommendations of the IPN evaluators. 15. Based on the foregoing, Respondent has violated section 464.018(1)(), Florida Statutes, by failing to abide by a lawful order of the Board as issued in the prior case # 2002- 08482. WHEREFORE, Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. 0% ack SIGNED this Z day of , 2003. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health L¥nne A. Quimby/Penno: Assistant General Counsel, FILER Florida Bar # 0394572 went ERs DOH Prosecution Services Unit perhny pur “Kerr, 4052 Bald Cypress Way, Bin C-65 wh eA\ \2 Tallahassee, FL 32399-3265 on 850.414.8126 ponte 850.488.1991 FAX LP/ Reviewed and approved by: DKK (initials) l hs ln 3 (date) pop: 3/9/o3 _ PCP Members: 7 Pros MELODY A. SHEFFER, P.N., CASE NO. 2002-26509 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 03-001734PL