STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2013-07852 CARY MURPHY HEROLD, R.N., RESPONDENT. | ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Nursing against Respondent, Cary Murphy Herold, R.N., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Chapters 20.43, Florida Statutes (2012- 2013); Chapter 456, Florida Statutes (2012-2013); and Chapter 464, Florida Statutes (2012-2013). 2. At all times material to this Compiaint, Respondent was licensed to practice nursing within the State of Florida, having been issued license number RN 9344682, 3. Respondent’s address of record is 1615 Rustling Drive, Fleming Island, Florida 32003. 4. On or about April 22, 2013, Respondent provided a urine sample pursuant to an employer-ordered drug screening. 5. On or about April 27, 2013, a physician confirmed that Respondent's urine sample was positive for THC-HMR. 6. Tetrahydrocannabinols (THC) are the psychoactive ingredients in marijuana, or cannabis. According to Section 893.03(1), Florida Statutes (2012-2013), THC is a Schedule I controlled substance. 7, Respondent did not have a prescription for, or legitimate medical reason for using, cannabis. 8 On or about August 6, 2013, Respondent underwent a Department-ordered evaluation with Dr. J.M., a physician Board-Certified in Addiction Medicine. 9. Dr. J.M. diagnosed Respondent with cannabis abuse and alcohol abuse. 10. Dr. J.M. opined that Respondent was unable to practice nursing with reasonable skill and safety to patients. DOH v, Cary Murphy Herold, R.N, 2 DOH Case Number 2013-07852 COUNT I il. Petitioner realleges and incorporates by reference the allegations in paragraphs 1 through 10, as if fully set forth herein. 12. Section 464.018(1)(j), Florida Statutes (2012-2013), subjects a registered nurse to discipline for “[bJeing unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics or chemicals or any other type of material or as a result of any mental or physical condition.” 13. Respondent violated Section 464.018(1)(j), Florida Statutes (2012-2013), by being unable to practice nursing with reasonable skill and safety to patients due to her use of cannabis, alcohol or any other type of material; and/or as a result of her mental or physical condition. 14. Based on the foregoing, Respondent violated Section 464.018(1)(j), Florida Statutes (2012-2013), by being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics or chemicals or any other type of material Or as a result of any mental or physical condition. DOH v, Cary Murphy Herold, RN, 3 DOH Case Number 2013-07852 COUNT I 15. Petitioner realleges and incorporates by reference the allegations in paragraphs 1 through 10, as if fully set forth herein. 16. Section 464.018(1)(h), Florida Statutes (2012-2013), subjects a registered nurse to discipline for engaging in unprofessional conduct, as defined by rule of the Board of Nursing. 17, Rule 64B9-8.005(12), Florida Administrative Code, defines unprofessional conduct 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. 18. Respondent violated Section 464.018(1)(h), Florida Statutes (2012-2013), by engaging in unprofessional conduct, as defined by Rule 64B9-8.005(12), Florida Administrative Code, by testing positive for THC or cannabis on an April 22, 2013, employer-ordered drug screening, for which Respondent did not have a valid prescription or legitimate medical reason for using. 19. Based on the foregoing, Respondent violated Section 464.018(1)(h), Florida Statutes (2012-2013), by engaging in unprofessional conduct as defined by Rule 64B9-8.005(12), Florida Administrative Cade, to DOH v. Cary Murphy Herold, R.N, 4 DOH Case Number 2013-07852 include testing positive for a drug under Chapter 893, Florida Statutes (2012-2013), on a drug screen without a valid prescription or legitimate medical reason for using. WHEREFORE, 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. 1 SIGNED this ait day of September, 2013. DOH v. Cary Murphy Herold, R.N. OOH Case Number 2013-07852 John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health Louise Wilhite-St Laurent Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 0091244 Phone (850) 245-4444 x 8331 Fax (850) 245-4662 Louise_StLaurent@doh.state.fl.us 5 FILED DEPARTMENT OF HEALTH DEPUTY CLERK PCP: September 05, 2013 PCP Members: Lavigne Kirkpatrick, RN & Mary Jane Herrera, LPN DOH v. Cary Murphy Herold, RN. DOH Case Number 2013-07852 NOTICE OF RIGHTS Respondent has the right to request or petition for an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes. Respondent has the right to be represented by counsel or other qualified representative. Administrative hearings are governed by Rule 28-106, Florida Administrative Code. A request or petition for an administrative hearing must be in writing and must be received by the Agency Clerk within twenty-one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter 28-106.2015(5), Florida Administrative Code and must be sent to the Department at the following address: Department of Health Prosecution Services Unit Attention: Louise Wilhite-St Laurent, Esquire 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3256 Mediation is not available as an alternative remedy, Your failure to submit a petition or request for a formal hearing (Election of Rights) within 21 days from receipt of this Administrative Complaint will constitute a waiver of your right to a hearing, and this complaint. will thereby become a final order of the Department. DOH v. Cary Murphy Herold, R.N. 7 DOH Case Number 2013-07852

Docket for Case No: 13-003711PL