Apr 22 2009 11:32 ePR-22-2009 12:14 eHCA P2318 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Case No. 2008-23069 Vv, JAMES JOSEPH TONGEL, R.N., Respondent. 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, James Joseph Tongel, 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 RN 2239142. Apr 22 2009 11:32 AHCA P4418 APR-22-2689 12:14 3. Respondent's address of record is 735 Clematis Road, Venice, Florida 34293. 4 / At ‘all times material to this Complaint, Respondent was employed as an R.N. by Nursecore Management Services, L.L.C. (Nursécore”), a corporation which provides nursing services on a contract basis. 5. At all times material to this Complaint, Respondent was assigned to provide nursing services to patients at Tidewell Hospice and Palliative Care, (“Tidewell’). 6. On or about September 17, 2008, the administrative director of Tidewell, sent a complaint about Respondent to the clinical director of Nursecore alleging that Tidewell staff had complained that Respondent had been observed engaging in suspicious behavior involving Roxanol syringes and other drugs, 7. Roxanol is the brand name for morphine in a concentrated liquid suspension, commonly prescribed to treat severe pain. According to Section 893.03(2), Florida Statutes, morphine is a Schedule IT controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and DOH v. James J. Tongel, R.N. 2 Case Number: 2008-23069 J:\PSU\Nursing\Mary Miller\AC\unprof conduct\Test positive, methadone, marphine 0823069.doc Apr 22 2009 11:32 APR-22-2089 12:14 AHCA P.@5718 abuse of morphine may lead to severe psychological or physical dependence, 8. From on or about September 17, 2008, through on or about September 30, 2008, the clinical director of Nursecore made several attempts to contact Respondent concerning the Tidewell complaint and require him to take an employer-ordered drug screen. 9. On or about September 30, 2008, Respondent provided a urine specimen for use in an employer-ordered drug test. 10. Respondent's drug test returned positive for the presence of methadone and/or opiates, specifically, morphine, 11. According to Section 893.03(2), Florida Statutes, methadone is a Schedule II controlled substance that has a high potential for abuse and has @ currently accepted, but severely restricted, medical use in treatment. Abuse of this substance may lead to severe psychological or physical dependence, 12, Opiate, or opioid, drugs have similar actions as the drug opium and are typically used to treat pain. Opioid drugs are synthetically manufactured, while opiate drugs are naturally occurring, but the terms DOH v. James J. Tongel, RN. 3 Case Number: 2008-23069 : J:\PSU\Nursing\Mary Miller\AC\unprof conduct\Test positive, methadone, morphine 0823069.dloc Apr 22 2009 11:32 APR-22-2089 12:15 AHCA P.@6718 Opiod and opiate are often used interchangeably. Opiate drugs are addictive and subject to abuse. 13. Morphine is prescribed to treat pain. According to Section 893.03(2), Florida Statutes, morphine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of morphine may lead to severe psychological or physical dependence. 14, Respondent did not have prescriptions for methadone, and/or Opiates, specifically morphine. 15. Respondent did not have a legitimate medical reason to use methadone and/or opiates, specifically, morphine, 16. Section 464.018(1)(n), Florida Statutes (2008), provides that failing to meet minimal standards of acceptable and prevailing nursing Practice, including engaging in acts for which the licensee is not qualified by training or experience, constitutes grounds for disciplinary action. 17. Rule 64B9-8.005(2)(k), Florida Administrative Code, provides that failing to meet or departing from minimal standards of acceptable and prevailing nursing practice shall include testing positive for any drugs under DOH v. James J. Tongel, R.N. 4 Case Number: 2008-23069 . J:\P5U\Nursing\Mary Miller\AC\unprof conduct\Test positive, methadone, morphine 0823069.doc Apr 22 2009 11:33 27-18 APR-22-2089 12:15 AHCA P Chapter 893, Florida Statutes, on any drug screen when the nurse does not have a prescription and legitimate medical reason for using such drugs. 18. On or about September 30, 2008, Respondent submitted to a urine drug screen that returned positive for methadone and/or opiates, specifically morphine, which are listed under Chapter 893, Florida Statutes. Respondent did not have a prescription or a legitimate medical reason for using methadone and/or opiates, specifically morphine, 19. Based on the foregoing, Respondent has violated Section 464.018(1)(n), Florida Statutes (2008), failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience, as defined by Rule 64B9-8.005(2)(k), Florida Administrative Code, to include testing positive for any drugs under Chapter 893, Florida Statutes, on any drug screen when the nurse does not have a prescription and legitimate medical reason for using such drugs. 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, DOH v. James J. Tongel, R.N. 5 Case Number: 2008-23069 3:\PSU\Nursing\Mary Miller\AC\unprof conduct\Test positive, methadone, morphine 0823069.do¢ Apr 22 2009 11:33 Ae APR-22-2089 12:15 AHCA P.a8/18 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 _)S°— day of _ 2009. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General Mary S, wife Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 OF HEALTH Florida Bar Number 0780420 CLER ee (850) 245 - 4640 Telephone me hl Te nat (850) 245 — 4683 Facsimile PCP: ORAL 2004 PCP Members: Breen /MM ?) 8 DOH v, James J. Tonget, RN, 6 Case Number: 2008-23069 : J:\PSU\Nursing\Mary Miller\AC\unprof conduct\Test positive, methadone, morphine 0B23069.doc Apr 22 2009 11:33 .89-18 APR-22-2089 12:15 AHCA Pao. NOTICE OF RIGHTS Respondent has the right to request 2 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, James J. Tongel, R.N. 7 Case Number: 2008-23069 J:\PSU\Nursing\Mary Miller\AC\unprof conduct\Test positive, methadone, morphine 0823069.doc

Docket for Case No: 09-002145PL