Petitioner: DEPARTMENT OF HEALTH
Respondent: JUSTINE RENEE BATSCH, CRT
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Orlando, Florida
Filed: Dec. 19, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 14, 2008.
Latest Update: Dec. 23, 2024
DEC-19-2087 15:28
Dec 19 2007 15:08
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. . CASE NO. 2007-01761
JUSTINE RENEE BATSCH, CRT,
RESPONDENT.
—+e—_‘“‘C;C;CCCrLS
ADMINISTRATIVE COMPLAINT
Petitioner Department of Health (Department) files — this
Administrative Complaint (Complaint) against Respondent Justine Renee
Batsch, CRT and in support alleges:
1. Petitioner is the state agency charged: with regulating the
practice of radiologic technology pursuant to Section 20.43 and Chapter
468, Part IV, Florida Statutes.
2. At all times material to this Complaint, Respondent was a
certified radiologic technologist within the state of Florida, having been
issued certificate number RT 61143. She is qualified as a nuclear
‘medicine technologist.
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3. The address of record for Respondent is 17952 South East CR
452, Umatilla, Florida 32784. ,
4. On October 13, 2006, Respondent was arrested on two
criminal charges: 1. possession of hydrocodone and 2. unlawful acquisition
or attempt to acquire a controlled substance by fraud. Respondent had
stolen a prescription pad from her employer physician and wrote
prescription orders to herself for hydrocodone. She subsequently presented
the fraudulent prescription orders to a pharmacy and the hydrocodone was
dispensed to her.
5. Hydrocodone is a controlled substance; it is habit-forming and
can lead to physical and psychological addiction. The effects of the use of
hydrocodone on the consumer include dizziness, lightheadedness, nausea,
drowsiness, euphoria, vomiting, mood changes, mental confusion, anxiety,
and lethargy. Pure hydrocodone and forms containing more than 15 mq per
dosage unit are Schedule IT drugs. Those containing less than or equal to
15 mg per dosage unit in combination with non-controlled drugs are
Schedule III drugs.
6. Schedule II controlled substances are drugs that have a high
potential for abuse, that have currently accepted medical uses in treatment
in the United States or currently accepted medical uses with severe
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restrictions, ‘and that abuse of which drugs may lead to severe
psychological or physical dependence.
7, Schedule III controlled substances are drugs that have a
potential for abuse less than the drugs or other substances in Schedules I
and Il, that have currently accepted medical uses in treatment in the
United States, and that abuse of which drugs may lead to moderate or low
physical dependence or high psychological dependence.
8. Professionals Recovery Network (PRN) is the impaired
practitioner program for the Department of Health, an independent entity
that facilitates and monitors the evaluation and treatment of impaired
healthcare professionals for the protection of the public. Raymond M.
Pomm, M.D. is the Medical Director of the PRN and is charged with
responsibility for the oversight of the program and documentation of
compliance with PRN contracts,
9. On November 13, 2006, Respondent contacted PRN by
telephone. She self-reported that she has a “problem” with hydrocodone
and that she wrote prescriptions to herself for hydrocodone. Respondent
has been treated for depression since she was 17 years of age; and she
had been prescribed Cymbalta for the condition at the time of the contact
with PRN,
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10. During the November 13 telephone discussion with
Respondent, PRN directed Respondent to be evaluated by a PRN approved
evaluator. .
11, By letter dated November 15, 2006, from Dr Pomm for PRN to
Respondent, PRN explained to Respondent that she had been referred for
evaluation to her choice of one of the named PRN approved practitioners
and stated that the evaluation must be scheduled by November 30, 2006.
12. An appointment for the evaluation was scheduled for November
30, 2006; Respondent cancelled the appointment on November 29. To
date, the evaluation has not been performed.
13. Respondent entered a residential treatment facility on
November 20, 2006. PRN learned of this treatment on December 7, 2006,
through the mother of Respondent in response to the efforts of PRN to
contact Respondent.
14. By letter dated December 7, 2006, from PRN to Respondent,
PRN extended the time to schedule an appointment for the PRN approved
evaluation to December 13, 2006 with notice of the appointment to PRN by
that date and to complete the evaluation by December 22, 2006. 17. PRN
learned on January 8, 2007, that Respondent had been discharged from
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the treatment facility on January 3, 2006; Respondent had not informed
PRN of her discharge and change of address.
15. Respondent contacted PRN on December 12, 2006. PRN
explained to Respondent that she was out of compliance with PRN
requirements in that she had failed to inform PRN of a change in her
address and of her participation in the residential treatment, a
16. On December 14, 2006, PRN provided certain documents, to °
the counselor for Respondent at the treatment facility, that Respondent |
was required to complete and return to PRN; the documents would
authorize PRN to be informed of her progress, to track her progress in
treatment, and to consult with the } treatment professionals. These
documents were not returned to PRN. Respondent did not contact PRN any
further.
17. PRN fearned on January 8, 2007, that respondent had been
discharged from the treatment facility on January 3, 2006; Respondent had
not informed PRN of her discharge or change of address.
18. On January 16, 2007, PRN referred Respondent to the
Department stating that she was not in compliance with PRN requirements
and recommendations, that she was not in compliance with the direction of
PRN to be evaluated by a PRN approved evaluation, and that absent PRN
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monitoring her practice as a radiologic technologist presented a danger to
the public.
19. The practice of radiologic technology with skill and safety,
among other things, limits the exposure of patients to that radiation
minimally necessary to create a usable, accurate diagnostic image.
Excessive exposure to radiation can result, in the short term, in skin burns,
severe skin disfigurement, or skin death and, in the long term, cancer and
sterility. Faulty images can cause a false or missed diagnosis. Appropriate
placement of patients prior to exposure and proper operation of the
imaging equipment are critical in minimizing radiation exposure and
producing usable, accurate images in the interest of the public health,
safety, and welfare. ,
The practice of radiologic technology requires the physical
coordination to assist where necessary a patient in mounting of and
placement on the table. Clear thinking and good motor skills are critical to
anticipation of and timely and proper reaction to unexpected patient
movement. Further, a nuclear medicine technologist is responsible for the
safe transportation of radiation materials; improper handling can result in
contamination not only of the patient but the entire facility as well.
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20. Qualities essential to performance of the duties and
responsibilities of a radiologic technologist with reasonable skill and safety
are good judgment and good moral character, both of which are
compromised by use of substances that impair functioning.
. COUNT ONE
21. Petitioner realleges and incorporates paragraphs 1 through 20
as if fully set forth here.
22. Section 468.3101(1)(g), Florida Statutes (2006), provides that .
the inability to practice radiologic technology with reasonable skill and
safety to patients by reason of illness or use of alcohol, drugs, narcotics,
chemicals, or other materials or as a result, of any mental or physical
condition, constitutes ground for disciplinary action against the certificate
of a radiologic technologist by the Department.
23. Respondent is not able to practice radiologic technology with
reasonable skill and safety in violation of Section 468.3101(1)(g), Florida -
Statutes, by her use of hydrocodone while suffering diagnosed depression
coupled with her failure to be monitored by PRN.
COUNT TWO
24. Petitioner realleges and incorporates paragraphs 1 through 20
as if fully set forth here.
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25. Section 468,.3101(1)(n), Florida Statutes (2006), provides that
failing to comply with the recommendations of the Department impaired
- practitioner program for treatment, evaluation, or monitoring constitutes
ground for disciplinary proceedings by the Department.
26. Respondent violated Section 468.3101(1)(n), Florida Statutes,
by failing to comply with the requirements and recommendations of PRN
by failing to attend an evaluation with a PRN approved evaluator and by
failing to participate in monitoring by PRN.
COUNT THREE
27. Petitioner realleges and incorporates paragraphs 1 through 20
as if fully set forth here.
28. Section 468.3101(1)(i), Florida Statutes (2006), provides that
violating any provision of this part, any rule of the Department, or any
lawful order of the Department previously entered in a disciplinary
proceeding or failing to comply with a lawfully issued subpoena of the
Department constitutes ground for disciplinary proceedings by the
Department. |
29. Rule 64E+3.011(1)(f), Florida Administrative Code, provides that
being habitually intemperate, addicted, in illegal possession, sale, or
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distribution of habit-forming drugs constitutes ground for disciplinary
proceedings by the Department.
30. Respondent has violated Section 468. 3101(1)(H), Florida
Statutes, by violating any rule of the Department by violation of Rule 64E-
3.011(1)(f), Florida Administrative Code, by addiction to and illegal
possession of hydrocodone.
WHEREFORE, Petitioner respectfully requests that the Department
enter an order imposing one or more of the following penalties on —
Respondent: permanent revocation or suspension of certificate, restriction
of practice, administrative fine, reprimand, probation, corrective action, |
refund of fees billed or collected, remedial education, and any other relief
that the Department deems appropriate.
an
SIGNED this