Feb 3 2010 10:49 FEB-@3-2618 11:37 AHCA P.@3 DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Ww. CASE NO, 2008-26046 DANA ANN JOHNSTON, 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, Dana Ann Johnston, 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 Administrative Complaint, Respondent was a registered nurse (R.N.) within the state of Florida, having been issued license number RN 9273598. Department of Health v. Dana Ann Johnston, RN. Case Number 2008-26046 J:A\PSU\Nursing\WaltlAC's\RNVAC, RN_Innacurate_JohnstonD.doec 6002 € é LO0 Feb 3 2010 10:49 FEB-@3-2618 11:37 AHCA P.a4 3. Respondent's address of record is 21204 Vacation Road, Fountain, Florida 32438. 4. At all times material to this Administrative Compiaint, Respondent was employed by Bay Medical Center located in Panama City, Florida. 5. From October 25, 2008 through November 3, 2008, Respondent removed hydrocodone and morphine for Patient J.B., but failed to record administering the medication in J.B.'s Medication Administration Record (MAR). 6. Hydrocodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes, hydrocodone 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 hydrocodone may lead to severe psychological - or physical dependence. 7. 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 Department of Health v. Oana Ann Johnston, BN. vl Case Number 2006-26046 JAPSU\Nursing \Walt\AC's\RN\AC_RN_Innacurate_JonnstonD dos Feb 3 2010 10:49 FEB-@3-2618 11:37 AHCA P.@S abuse of morphine may lead to severe psychological or physical dependence. 8 From October 30, 2008 through Novernber 4, 2008, Respondent removed hydrocodone for Patient R.E., but failed to record administering the medication in R.E.’s MAR, 9. From October 25, 2008 through October 31, 2008, Respondent removed morphine for Patient R.J., but failed to record administering the medication in R.J.’s MAR. 10. On or about October 16, 2008, Respondent removed hydrocodone for Patient C.S., but failed to record administering the medication in C.S.’s MAR. 11. From October 6, 2008 through October 7, 2008, Respondent removed hydrocodone for Patient R.L., but failed to record administering the medication in R.L.’s MAR. 12. Section 464.018(1)(h), Florida Statutes (2009), provides that unprofessional conduct as defined by board rule constitutes grounds for disciplinary action. ; 13. Rule 64B9-8.005(1)(a), Fiorida Administrative Code, provides that unprofessional conduct includes inaccurate recording. Department of Health v. Gana Ann Johnsten, R.N. 4 Case Number 2008-26046 2:\PSU\Nursing \WWaltlAC's\RN\AC_RN_innacurate_JohnstenD, doe Feb 3 2010 10:49 FEB-@3-2618 11:38 AHCA P.@6 14. Respondent engaged in unprofessional conduct by failing to properly record administering hydrocodone and morphine in her patient's MAR’s while employed at Bay Medical Center. 15. Based on the foregoing, Respondent violated Section 464.018(1)(h), Florida Statutes (2009), by engaging unprofessional conduct as defined by Rule 6489-8.005 (1)(a), Florida Administrative Cade, to include inaccurate recording. Department of Health v. pane Ann Johnston, RN. 4 Case Number 2008-26041 I: SPSUINursing\ Walt ACs\RNVAC RIN_Innacurate_JohnstonD.doc Feb 3 2010 10:50 Pa? FEB-@3-2618 11:38 AHCA 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 Oclwbet ,200_ 1, na M. Viamonte Ros, M.D., M.P.H. State Surdeon General \O\25|0% Assistant General Counsal DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0037258 (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile /WW . pep; (0(2240°F PCP Members: (\. Lorn LL 5 onan Deparment of Health y. Dana Ann Jonnston, RN. 5 Case Number 2008-26046 TAPSU\itursing\Walt\AC's\RA\AC_RN_Innacurate_dohnstanD.dac Feb 3 2010 10:50 FEB-@3-2618 11:38 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 quaiified 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 ts 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 presecution of a disciplinary matter, which may inciude attorney hours and costs, on the Respondent in addition to any other discipline imposed. Department of Health v. Gana Ann Johnstan, RN. 6 Case Number 2008-26046 J:\PSU\Nursing\Walt\AC's\RN\AC_RN_Innacurate_JohnstonD.cor

Docket for Case No: 10-000519PL