Jan 15 2009 14:24 JAN-15-2889 15:65 AHCA P.@3 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2008-00684 TAMARA DEANE URT2-SCARR, L.P.N., RESPONDENT. ADMINISTRATIV MPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Tamara Deane Uriz- Scarr, 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 Amended Administrative Complaint, Respondent was a ficansed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 1019301. ad-e°b Jan 15 2009 14:25 JAN-15-2889 15:65 AHCA P.a4 3. Respondent's address of record is 3208 Spainwood Drive, Sarasota, Florida 34232. Respondent's last known address is 4515 26" Street, West, Apt. #708, Bradenton, Florida 34207. 4. On or about December 30, 2007, Respondent was employed aS a contract nurse by Coastal Care Nursing Associates, Inc. located in Sarasota, Florida. 2. Onor about December 30, 2007, Respondent was scheduled to work at the Sarasota County jail from 11:00 p.m to 7:00 a.m. 6. On or about December 30, 2007, Respondent was observed at work by co-workers slurring her speech and sleeping. She appeared to-be under the influence of some sort of substance. A correctional officer reported Respondent was observed unsteady on her feet, slow to respond to questions, and she had glassy eyes. 7. On or about December 30, 2007, Respondent was sent home from work. 8. Section 456,072(1)(z), Florida Statutes (2007), states, in pertinent part, that “[t]he department shall have, upon a finding of the secretary or the secretary's designee that probable cause exists to believe that the licensee is unable to practice because of the reasons stated in this Department of Health v. Tamara Deane Urte-Searr, LP.N. 2 Case Number 2008-00684 J:\PSU\Nursing\Maja §. Holman\Orders Campelling\Urtz-Searr\ac.dac Jan 15 2009 14:25 JAN-15-2889 15:65 AHCA P.@S paragraph, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department.” 9. On or about April 3, 2008, the Department, through the designee of the Secretary, issued an Order Compelling an Examination to Respondent. 10. The Order Compelling an Examination the Department issued to Respondent is a lawful order of the Department. 11. On or about April 8, 2008, a Department investigator hand served Respondent with a copy of the Order Compelling an Examination. 12, The Order Compelling an Examination was scheduled for May 12, 2008 at 3:45 p.m. 13. Respondent failed to comply with the Order Compelling an Examination and did not submit to the scheduled examination. . 14. By failing to comply with the terms of the Order Compelling an Examination the Department issued to Respondent, Respondent violated a lawful order of the Department. Department of Health v. Tamara Deane Urtz-Scarr, L.P.N. 3 Case Number 2006-00684 J:\PSU\Nursing\Maja 5. Holman\Orders Cormpelling\Urt-Scarr\AC.doc Jan 15 2009 14:25 JAN-15-2889 15:65 AHCA P.@6 15. Section 456.072(1)(q), Florida Statutes (2007), provides that violating a lawful order of the departrnent or the board, or failing to comply with a lawfully issued subpoena of the department, constitutes grounds for disciplinary action. 16. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2007), 17. As set forth above, Respondent violated a lawful order of the department or the board by failing to comply with the Order Compelling an Examination issued by the Department to Respondent. 18. Based on the foregoing, Respondent has violated Section 456.072(1)(q), Florida Statutes (2007), by violating a lawful order of the department or the. board, or failing to comply with a lawfully issued | subpoena of the department, 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 . Department of Health v, Tamara Deane Urtz-Searr, L.P.N. 4 Case Number 2006-00684 J:\PSU\Nursing\Maja S. Holman\Orders Compelling\Urtz-Scarr\ac.doc Jan 15 2009 14:25 JAN-15-2889 15°66 AHA fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. 20 day or Sana, SIGNED this day of 2008. Ana M. Viamonte Rose, M.D., M.P.H. State Surgeon General Maja S. Holman Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 CLERK: Tallahassee, Florida 32399-3265 pate Le OS Florida Bar Number 0674648 ; (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile PARTMENT OF HEALTH DEPMOSPUTY. GLE pop: PCP G- L6-OX PCP Members: R Keue & MD Haprercs /MSH “ Department of Health v. Tamara Deane Urtz-Seart, L.P.N. 5 Case Number 2008-00684 J:\PSU\Nursing\Maja 5. Holman\Orders Campelling\Urtz-Scarr\AC.doc Jan 15 2009 14:26 JAN-15-2889 15:86 AHCA P.@8 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 issued 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 a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v. TAMARA DEANE URTZ-SCARR, L.P.N. Case No. 2008-00684 Department of Health v, Tamaré Deane Urt-Searr, LP.N. 6 Case Number 2006-00684 J:\PSU\Nursing\Maja 5. Holman\Orders Campelling\Urtz-Scarr\AC.doc

Docket for Case No: 09-000234PL