Apr 29 2010 10:49 : A APR-29-2018 11:40 AHC STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Case No. 2009-16242 Vv. ‘LISETTE RODRIGUEZ, R.N. Respondent, / oe ADMINISTRATIVE COMPLAINT EAL EVE 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, Lisette 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 RN 9244061. Apr 29 2010 10:49 APR-29-2614 11:44 AHCA o— 3. Respondent's address of record is 80 Lyncrest Avenue, New City, New York, 10956, 4. At all times material to this Complaint, Respondent was employed as a R.N. at South Miami Hospital (SMH) located in Miami, Florida. 5. On or about June 29, 2009, Respondent provided a urine Specimen for use in an employer-ordered drug screen. 6. The urine specimen Respondent Provided was submitted for testing to LabCorp Laboratory Corporation of America (LabCorp), a testing laboratory, located iN Southaven, Mississippi, 7. On or about June 30, 2009, Respondent's urine specimen tested positive for the presence of benzodiazepines, opiates, oxycodone, and oxymorphone during an initial drug screen performed by LabCorp. 8. On or about June 30, 2009, LabCorp scientists performed a Confirmatior; test, which confirmed the Presence of alprazolam, hydrocodone, Oxycodone, and Oxymorphone in Respondent’s urine Specimen, 9. Alprazolam is a benzodiazepine prescribed to treat anxiety, According to Section 893.03(4), Florida Statutes, alprazolam is a Schedule 2 DOH ¥. Lisette Rodriguez, RN ber: 2009-16242 ; preestriaataet Schell\AC\Unprofessional Conduct\Rodriguez RN (test pos).doc Apr 29 2010 10:49 . AHCA APR-25-2018 11:40 IV controlled Substance that has a low potential for abuse relative to the Substances in Schedule TT and has a Currently accepted medical use in treatment in the United States, and abuse of alprazolam may lead to limited physical or psychological dependence relative to the substances in Schedule IIT, 10. Hydrocodone iS an opioid 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 Curreritly accepted but Severely restricted medical use in treatment in the United states, and abuse of hydrocodone may lead to severe Psychological or physical dependence. 11. Oxycodone is an apioid commonly prescribed to treat pain, According to Section 893.03(2), Florida Statutes, oxycodone 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 abuse of oxycodone may lead to severe Psychological or physical dependence. 12, Oxymorphone is Prescribed to treat pain. According to Section 893.03(2), Florida Statutes, Oxymorphone is a Schedule II controlled DOH y. Lisette Rodriguez, RN 3 Case Number: 2009-16242 J:\PSU\Nursing\Carla Schel\AC\Unprofessional Conduct\Rodriguez RN (test pos).dac Apr 29 2010 10:49 APR-29-2618 11:48 ~~ AHCA _ 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 oxymorphone may lead to severe psychological or physical dependence. 13. Respondent was notified that she tested positive for alprazolam, hydrocodone, oxycodone, and oxymorphone by the Department at her address of record on or about August 13, 2009, and ‘was given 20 days to respond with a prescription and legitimate medical reason for using alprazolam, hydrocodone, oxycodone, and/or oxymorphone. 14. Respondent did not provide a current prescription and legitimate medical reason for using alprazolam, hydrocodone, oxycodone, and/or oxymorphone. 15. Respondent did not have a current prescription and legitimate medical reason for using alprazolam, hydrocodone, oxycodone, and/or oxymorphore. 16. Section 464.018(1)(h), Florida Statutes (2008), provides that unprofessional conduct, as defined by board rule, constitutes grounds for discipline. DOH vy, Lisette Rodriguez, RN 4 Case Number: 2009-16242 J:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Rodriguez RN (test pos).doc Apr 29 2010 10:50 APR-29-2618 11:41 ps AHCA : 17, Rule 64B9-8.005(12), Florida Administrative Code, provides that unprofessional conduct includes 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 drug. 18. Based on the foregoing, Respondent violated Section 464.018(1)(f), Florida Statutes (2008), engaging in unprofessional conduct, as defined by Rule 64B9-8,005(12), Florida Administrative Code, to include testing positive for any drug under Chapter 893, Florida Statutes, on any drug screen when the nurse does not have a prescription and legitimate medical reason for using such drug. 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. DOH v. Lisette Rodriquez, RN Case Number: 2009-16242 3:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Rodriguez RN (test pos).doc Apr 29 2010 10:50 APR-29-2618 11:41 — AHCA Pa? sn SIGNED this _7 day of December 2009. Ana M. Viamonte Ros, M.D., M.P.H, State Surgeon General CE aN ORTH arla A. Schell CLERK: nqole. Assistant General Counsel DATE [Blair DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0042155 (850) 245 - 4640 Telephone (850) 245 — 4683 Facsimile PCP: iz/s fs PCP Members: 7) wy. ’ ics embers D.Meloley €[. Kiekpshricte DOH v, Lisette Rodriguez, RN 6 Case Number: 2009-16242 JAPSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Rodriguez RN (test pos).doc Apr 29 2010 10:50 APR-29-2618 11:41 ~ AHCA s 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, Lisette Rodriguez, RN 7 Case Number: 2009-16242 J:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Redriguez RN (test pos).doc

Docket for Case No: 10-002372PL