Feb 13 2009 15:55 FEB-13-2669 16:37 AHCA oN P.@913 STATE OF FLORIDA -DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-39968 ANABEL RODRIGUEZ, R.N., RESPONDENT. ee / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Anabel Rodriguez, R.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 registered nurse ("R.N.”) within the state of Florida, having been issued license number 2524692, QO GIG Feb 13 2009 15:57 P.1@/13 FER-13-2089 16:37 ACA a. 3. Respondent's address of record is 3204 S.W, 2 Street, Miami, Florida 33135-1117. | oe , 4, On or about February 12, 2003, Respondent was referred to IPN by her employer due to impairment on the job. 5. IPN is the impaired nurses program for the Board of Nursing, designated pursuant to Section 456.076, Florida Statutes. -IPN is an | independent program that monitors the evaluation, care, and treatment of impaired nurses. IPN also provides for the exchange of information between treatment providers and the Department for the protection of the public. 6. In or about 2003, Respondent entered into a two-year contract with a narcotic key restriction. 7. Respondent had her contract restarted in 2003, 2005 and 2007 due to contract non-compliance and violations. 8. On or about September 6 and December 17 of 2007, Respondent admitted Violating her narcotic restrictions by administering controlled substances to patients. 9. The violations were Respondent's third material non- compliance and resulted in her dismissal from IPN. Department of Health v, Anabel Rodriquez, R.N., Case Number 2007-39965 3.\PSU\Nursing\Shenika\AC's\Failure to Comply with IPN\Rodriguez-RN-Failure to Comply with IPN.doc Feb 13 2009 15:57 “~ P.1i/13 FEB-13-2889 16:37 _ AHCA 10. On or about December 17, 2007, Respondent was dismissed ~ from IPN for non-compliance. — 11. Section 456.072(1)(hh), Florida Statutes (2007), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in section 456.076, Florida Statutes, for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program, constitutes grounds for disciplinary action. 12, On or about December 17, 2007, Respondent was dismissed from IPN for failure to comply with conditions of her IPN contract. 13. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2007), for failure to comply, without good~ cause, withthe -terms—ofthe monitoring” or- treatment: contract entered into by the licensee, or for not successfully completing any drug “treatment or alcohol treatment program. Department of Health v. Anabel Rodriguez, R.N., : 3 Case-Number 2007-39968 J:\PSU\Nursing\Shenika\ACs\Failure to Comply with IPN\Rodriquez-RN-Failure to Comply with IPN.doc Feb 13 2009 15:57 12/13 FEB-13-2009 16:38 AHCA aN P.te 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. SIGNED this _4?-“ day of Lag , 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General Shenika L. Harris Assistant General Counsel DOH Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 CLERK: 5 a. Tallahassee, Florida 32399-3265 DATE. >: |&>-08) Florida Bar Number 763241 (850) 245-4640 Telephone (850) 245-4683 Facsimile po: 5 Talos PCP Members: (. Hon ee MRNA, Department of Health v. Anabal Rodriguez, RN, 4 Case Number 2007-39968 J-\PSU\Nurving\Shenika\AC's\Failure to Comply with IPN\Rodriquez-RN-Failure to Comply with IFN.doc Feb 13 2009 15:57 AHCA P.13/13 FEB-13-2089 16:38 - ~s NOTICE OF RIGHTS Respondent has the right to request a. hearing. tobe 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. Department of Health y. Anabel Rodtiquez, R.N., 5 Case Number 2007-39968 J:\PSU\Nursing\Shenika\AC's\Failure to Comply with IPN\Rodriguez-RN-Fallure to Comply with IPN.doc TOTAL FP.13

Docket for Case No: 09-000840PL