SEP-17-2089 15:45 AHCA Sep te 2009 15:02 P.B4/14 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2009-07766 GARY EDWARD RUEHLING, R.N,, RESPONDENT. ADMINIST RATIVE 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, Gary Edward Ruehling, 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’ 4 licensed registered nurse (R.N.) within the state of Florida, having been issued license number RN 1914882. SEP-17-2889 15:45 AHCA Sep 1? 2009 15:02 P.@514 3. Respondent's address of record is 6722 16th Avenue North, St. petersburg, Florida 33710. 4. A secondary address for Respondent is 9209 Seminole Boulevard, Apt. 9, Seminole, Florida 33772. 5 At all times material to this complaint the Respondent was employed as a R.N. at Paims of Pasadena Hospital (PPH) in St. Petersburg, Florida. 6. On or about February 16, 2009, Respondent provided a urine specimen for use in an amployer-ordered drug test. : 7. The collector sealed the specimen, prepared a chain of custody form, and sent the specimen to Kroll Laboratory Specialists, Inc., (Kroll) in Gretna Louisiana. , ‘8. When the specimen arrived at Kroll on or about February 17, 2009, Kroll scientists performed an initial drug screen of the specimen using the immunoassay method. 9, Immunoassay is a drug testing method used for determining the presence of drugs in human biological fluids such as urine. Immunoassay measures the presence of drugs by adding to the specimen specific antibodies that bind with the drug being measured. The antibodies Department of Health v. Gary Ruehling, R.N. 2 Case Number 2009-07766 J\PSU\Nursing\Blanche, Megan\Ac\Test positive\Ruehiing, RN —SO Mathadone.doc SEP-17-2889 15:45 AHCA Sep Le 2003 15:02 are identified, usually with an enzyme marker, enabling the scientist to determine the presence and amount of drug in the specimen. 10. Utilizing the immunoassay method, Kroll scientists determined that Respondent’s urine specimen tested positive for the presence ‘of methadone. 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 a currently accepted, but severely restricted, medical use in treatment in the United States. Abuse of this substance may lead to severe ‘psychological or physical dependence. 12. On or about February 18, 2009, Kroll scientists conducted confirmation tests for methadone and opiates, on Respondent urine specimen using a gas chromatography/mass spectrometry test (GC/MS). 43. GC/MS is a drug testing method that is different in scientific principle than the immunoassay method. A special instrument, the gas chromatographer, utilizes the chemical properties, such as boiling point, of chemical compounds in order to separate the compounds that are present in a specimen. After separating the compounds in the specimen, another Department of Health v. Gary Ruehling, R.N. 3 Case Number 2009-07766 J \PSU\Nursing\Blancho, Megan\Ac\Test positive\Ruehiing, RN ESO Methadone.dor P6714 SEP-17-2889 15:46 SHA Sep lf 2009 15:08 instrument, the mass spectrometer, is used to identify each chemicat , compound, based on the compound's mass. 14, The GC/MS test confirmed the presence of methadone in Respondent's urine specimen. 15. Respondent timely requested that his original urine specimen be retested. , 16. On or about March 4, 2009, Kroll reported the results the re- test of Respondent's original urine sample, re-confirming the presence of methadone in Respondent's urine specimen to PPH. 17, Respondent did not have a prescription for methadone. 18. Respondent did not have a legitimate medical reason for using methadone. 19. 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. 20. Rule 64B9-8.005(2)(k), Florida Administrative Code, provides that failing to meet or departing from minimal standards of acceptable and Department of Health v. Gary Ruehling, R.N. 4 Case Number 2009-07766 J:\PsU\Nursing\Blancho, Megan\ac\Test positive\Ruenling, RN £SQ Methadone.doc ard Sep 1? 2009 15:03 SEP-17-2089 15:46 AHCA : P.@6/14 prevailing nursing practice shall 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. 21. On or about February 16, 2009, Respondent submitted to a urine drug screen that returned positive for methadone, which is listed under Chapter 893, Florida Statutes. Respondent did not have a prescription or a legitimate medical reason for using methadone. 22. 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 6489-8.005(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, Department of Heatth v. Gary Ruehling, R.N. 5 Case Number 2009-07766 J:\PSU\Nursing\Blancho, Megan\Ac\Test positive\Ruehiing, RN ESO Methadone.dec SEP-17-2089 15:46 AHCA Sep 17 2003 19105 P6914 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 say of : fu ly 2009. U Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General We 0 kate Megan M. Blancho Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin c-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0860921 (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile /MMB pcp: fu ly. 162%, PCP Members Lemaf? 2 botgor” Department of Health v. Gary Ruehting, RN. 6 Case Number 2009-07766 2:\PSU\Nursing\Blancho, Megan\AC\Test positive\Ruehling, RN ESO Methadone.doc SEP-17-2089 15:47 AHCA Sep 17 2003 t108 P.1a@714 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 oF 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 456.07 2(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. Deparment of Health v. Gary Ruehiing, RN, 7 Case Number 2009-07766 T:\PSU\Nursing\Blancho, Megan\ac\Test positive\Ruehling, RN ESO Methadone.doc

Docket for Case No: 09-005113PL