Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: KARL DEREK NICOLAEV, R.N.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Miami, Florida
Filed: Apr. 29, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 7, 2010.
Latest Update: Dec. 23, 2024
Apr 29 2010 11:58
APR-29-2618 12:49 AHCA P.a2
roN
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner,
Case No. 2009-06293
v.
KARL DEREK NICOLAEV, 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, Karl Derek Nicolaev, 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 9268866,
APR-29-2618 12:58 AHCA
Apr 29 2010 11:59
3. Respondent’s address of record is 1165 NE 165" Street, North
Miami Beach, Florida, 33162.
4. Atall times material to this Complaint, Respondent was working
as a R.N. at North Shore Medical Center located in Miami, Florida.
5. On or about August 24, 2008, 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, a testing laboratory located in Research Triangle Park,
North Carolina.
7. On or about August 28, 2008, Respondent’s urine specimen
tested positive for the presence of morphine during an initial drug screen
performed by LabCorp.
8. On or about August 28, 2008, LabCorp scientists performed a
confirmation test, which confirmed the presence of morphine in
Respondent's urine specimen.
9. 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 usé in treatment in the United States, and
DOH v. Kar! Derek Nicolaev, RN 2
Case Number: 2009-06293
J:A\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc
Apr 29 2010 11:59
APR-29-2618 12:58 AHCA P.a4
a
abuse of morphine may lead to severe psychological or physical
dependence.
10. Respondent was notified that he tested positive for morphine
by the Department at his address of record on or about April 10, 2009, and
was given 20 days to respond.
11. Respondent responded to the Complaint and stated that he had
taken morphine in the past.
12, Respondent stated that he took morphine for pain one day
before the incident.
13. Respondent did not provide a current prescription and
lagitimate medical reason for using morphine.
14. Respondent did not have a current prescription and legitimate
medical reason for using morphine.
15. Section 464.018(1)(n), Florida Statutes (2008), provides that
failing to meet minimal standards of acceptable and prevailing nursing
practice, constitutes grounds for disciplinary action by the Board of
Nursing.
16. Rule 64B9-8.005(2)(k), Florida Administrative Code, provides
that failing to meet minimal standards of acceptable and prevailing nursing
DOH v. Karl Derek Nicolaev, RN 3
Case Number: 2009-06293 :
J:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc
Apr 29 2010 11:59
APR-29-2618 12:58 AHCA P.@S
eoON
practice 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.
17. Based on the foregoing, Respondent violated Section
464.018(1)(n), Florida Statutes (2008), as defined by Rule 64B9-
8.005(2)(k), 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. Karl Derek Nicolaev, RN 4
Case Number: 2009-06293
J:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc
Apr 29 2010 11:59
APR-29-2618 1etot AHCA P.@6
™~
. ah
SIGNED this 4 day of December , 2009.
Ana M. Viamonte Ros, M.D., M.P.H.
State Surgeon General
“ILED ——
DEPARTMENT OF HEALTH A. Schell
PUTY CLEAK : Assistant General Counsel
CLERK: DOH Prosecution Services Unit
DATE {O° 4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
Florida Bar Number 0042155
(850) 245 - 4640 Telephone
(850) 245 — 4683 Facsimile
PCP: 12/4/64
PCP Members: D. Motoles. # L.- Kiekparty ie K_
[cs
DOH v. Karl Derek Nicolaev, RN 5
Case Number: 2009-06293
J\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc
Apr 29 2010 12:00
APR-29-2618 12:51 AHCA Pa?
roy
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. Karl Derek Nicolaev, RN 6
Case Number: 2009-06293 ,
J:\PSU\Nursing\Carla Schell\AC\Unprofessional Conduct\Nicolaev RN (test pos).doc
Docket for Case No: 10-002375PL
Issue Date |
Proceedings |
Jun. 07, 2010 |
Order Closing File. CASE CLOSED.
|
Jun. 04, 2010 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jun. 03, 2010 |
Additional Notice of Service of Motion to Withdraw filed.
|
Jun. 03, 2010 |
Motion of Wilson Jerry Foster for Leave to Withdraw as Counsel of Record for Respondent filed.
|
Jun. 01, 2010 |
Notice of Serving Respondent's Response to Petitioner's First Request for Production of Documents filed.
|
Jun. 01, 2010 |
Notice of Serving Respondent's Responses to Petitioner's First Request for Admissions filed.
|
May 11, 2010 |
Order Directing Filing of Exhibits
|
May 11, 2010 |
Order of Pre-hearing Instructions.
|
May 11, 2010 |
Notice of Hearing by Video Teleconference (hearing set for June 24, 2010; 9:00 a.m.; Miami and Tallahassee, FL).
|
May 06, 2010 |
Unilateral Response to Initial Order filed.
|
May 06, 2010 |
Respondent's Response to the Initial Order and Request for an Extension of Time to Respond Regarding Suggestions of Hearing Dates filed.
|
Apr. 30, 2010 |
Notice of Serving Petitiioner's First Request for Admissions, Interrogatories and Production of Documents filed.
|
Apr. 29, 2010 |
Initial Order.
|
Apr. 29, 2010 |
Notice of Appearance (filed by W. Miller).
|
Apr. 29, 2010 |
Notice of Appearance (filed by C. Schell).
|
Apr. 29, 2010 |
Petition for Hearing Involving Disputed Issues of Material Fact filed.
|
Apr. 29, 2010 |
Administrative Complaint filed.
|
Apr. 29, 2010 |
Agency referral filed.
|