STATE OF FLORIDA

- - - - - - - - - - ----=-D-- EP- ARTME NT OF HEALTH

DEPARTMENT OF HEALTH,

Petitioner,

Case No. 2012-03873

v.

ROSEANN CARTER DURBIN, 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, Roseann Carter Durbin, R.N., and in support thereof alleges:

1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes.

   
   

   Filed December 26, 2012 3:17 PM Division of Administrative Hearings

   
   

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2. At all times material to this Complaint, Respond ntwas a

   
   

   registered nurse (R.N.) within the state of Florida, having been issued license number RN 3152602.

3. Respondent's address of record is 2834 Jack Nicklaus Way, Shalimar, Florida 32579.

4. On or about November 4, 2010, Respondent entered into a 5 year Intervention Project for Nurses (IPN) contract.

5. IPN is the impaired practitioner program for the Board of Nursing, pursuant to Section 456.076, Florida Statutes. IPN is a program that monitors the evaluation, care and treatment of impaired nurses. IPN oversees random drug screens and provides for the exchange of information between treatment providers, evaluators and the Department for the protection of the public.

6. On or about March 13, 2012, Respondent was dismissed from the IPN program for failing to comply with the terms of her contract.

7. Section 456.072(1)(hh), Florida Statutes (2010), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, Florida Statutes, for failure to comply, without good

   cause, with the terms of the monitoring or treatment contract entered into.....

   
   

   by the licensee, or for not successfully completing any drug treatment or alcohol treatment program constitutes grounds for disciplinary action.

8. On or about March 13, 2012, Respondent was terminated from IPN, which is a treatment program for impaired practitioners as described by Section 456.076, Florida Statutes, for failing to comply with the terms of her IPN advocacy contract.

9. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2012), by being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, Florida Statutes, for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.

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,

placen1ent qfthe Resp911clent on.. probatiqn,. corrective action, remedial education and/or any other relief that the Board deems appropriate.

Signed this ay of  ,,A-'<.-1-<2"'jr'-rl.._,A.._ ,, - ,, 2012.

John H. Armstrong, MD State Su geon Gener, I an Secreta of Health

FILED

DEPARTMENT OF HEALTH DEPUTY CLERK

CLERK Angel Sanders

DATE AUG 3 l 2012.

By: Tr var S r Assistan General

OH Prosecution Se ices Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0017617 (850) 245 - 4640 Telephone

(850) 245 - 4683 Facsimile

/TS PCP:

8/30/12

C. JfOJL?l/'E & L J{ORTON

PCP Members:

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be conducted in accordance with Sections 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 Statues, 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.

Docket for Case No: 12-004142PL