Jun 20 2005 15:58 yew a UN" 28-2005 14:28 ny EAL MEDICAL 85 414 1989 P.a? t STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2001-10023 THERESA IBLER, R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, the Department af Health, by and through undersigned counsel, files this Administrative Complaint before the Florida Board of Nursing against Respondent, Theresa Ibier, R.N., and in support thereof states: 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 licensed by the Florida Board of Nursing. as a Registered Nurse (R.N.), license number 1916282. Jun 20 2005 13:59 JUN-28-2085 14:20 at CA/LEGAL MEDICAL 852 414 1989 P.a8 3, Respondent's address of record is 16743 NW 12% Street, Pembroke Pines, Florida 33028. 4. At alk times material to this Complaint, Respondent worked <5 an in-house Assessment Specialist for Capitated Health Care Services, Ine. (CHCS). 5. Onor about September 1, 2000, RD, an eighty (80) year- old female, underwent surgery for a detached retina, After the surgery, RD‘s doctor gave her a prescription for Percocet. 6. Percocet contains oxycodone, a Schedule II controlled substance pursuant to Chapter 893, Florida Statute, and is used for the relief of moderate to severe pain, has a high potential for abuse, and may lead to physical and psychological dependence. 7. On or about September 9, 2000, as part of her regular assigned duties as a nurse for CHCS, Respondent visited RD at her home in order to perform a nursing assessment on RD. 8. On or about September 9, 2000, Respondent wok tie” ~ ~~ prescription for Percocet from RD, without R.D.'s knowledge ‘or consent. Jun 20 2005 13:59 JUN-20-2805 14:08 3 ee CO/LEGAL MEDICAL 85@ 414 1989 P,@9 ir. 9. nor about September 9, 2000, Respondent presented the prescr 2tion for Percocet to a pharmacist at the Walgreen's Pharmacy -ocated at 7229 West Oakland Park Boulevard, Tamarac, Florida, eid requested that the pharmacist fill the prescription. However, the pharmacist noticed that the date on the prescription was over a week old. (10. On ‘or about September 9, 2000, the pharmacist telephoned both RD and her doctor and discovered that RD had not given Respondent permission to take and have the prescription filled. The pharmacist did not fill the prescription. 11; On or about July 23, 2001, Respondent was arrested by the Broward County Sheriff Department and charged with exploitation of an elderly person and obtaining a controlled substance by fraud. “ey On or about March 17, 2003, Respondent pled guilty to exploitation of an elderly person and attempting to obtain a controlled substance by fraud, (both charges being third degree felonies), in the Circuit Court in and for Broward County, Florida, in case number 01010951CF10A. Jun 20 2005 13:59 JUN-28~-2885 14:00 ss) ghCALEGAL MEDICAL 858 414 1989 P.18 13. Respondent was sentenced to two (2) years of probation for each charge, to run concurrently; fifty (50) hours of community service; and a one thousand dollar ($1000) fine. Count I 14. Petitioner adopts and incorporates paragraphs 1 through 13 as though fully set forth herein. 15. At all times material to this Complaint, Respondent's crimes were directly related to the practice of nursing or the ability to practice nursing. 16. Section 464.018(1)(c), Florida Statutes (2000), provides that being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of nursing or to the ability to practice nursing, is grounds for disciplinary action against Respondent’s license. 17. Respondent entered a plea of guilty to crimes relating to the practice of nursing. Jun 20 2005 13:59 JUN-28-20805 14°@4 AHCA/LEGAL MEDICAL mit 858 414 1989 P.at ) 18. Based on the foregoing, Respondent violated Section 464.018(1)(c), Florida Statutes (2000), by entering a plea of guilty to a crime related to the practice of nursing. Count If 19. Petitioner adopts and incorporates paragraphs 1 through 13 as though fully set forth herein. 20. Section 464.018(1)(i), Florida Statutes (2000), provides that 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, is grounds for disciplinary action against Respondent's license. 21. Respondent attempted to engage in the possession of Percocet, a controlled substance pursuant to chapter 893, Florida Statutes, -when Respondent had no legitimate purpose in possessing the Percocet. 22, Based on the foregoing, Respondent has violated Section 464.018(1)(1), Florida Statutes (2000), by attempting to engage in the possession of Percocet for other than legitimate purposes. Jun 20 2005 14:00 ) 853 414 1989 P.12 JUN-28-2085 14°81 AHCA/LEGAL MEDICAL WHEREFORE, the 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. sienen this_Z? “day of She, 2003. Echt aie ct rte onthe? ae DOH Prosecution Services Unit ef 4052 Bald Cypress Way, Bin C-65 oF Tallahassee, FL. 32399-3265 ov Florida Bar # 0394572 (850) 487-9640 (850) 414-1991 FAX Draft by BAL , Reviewed and approved by: . (initials) sf (date) 6

Docket for Case No: 05-002193PL