STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NO. 2014-09639 STEVEN PATRICK GARTH, 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, Steven Patrick Garth, 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. | 2. At all times material to this Administrative Complaint, Respondent was a licensed registered nurse (R.N.) within the state of Florida, having been issued license number RN 9331384. 3. Respondent’s address of record is 1228 Timber Lane, Jacksonville, Florida 32211. 4, On or about March 7, 2014, Respondent entered into a Monitoring Agreement with Intervention Project for Nurses (IPN). 5. IPN is the impaired nurses program for the Board of Nursing, designated pursuant to Section 456.076, Florida Statutes, IPN is a program that monitors the evaluation, care, and treatment of impaired nurses. IPN also provides for the exchange of information between treatment providers and the Department for the protection of the public. _ 6. The Monitoring Agreement, entered into by Respondent, had a projected active monitoring period from on or about March 3, 2014, through on or about March 2, 2019. 7. On or about June 11, 2014, Respondent requested his Monitoring Agreement with IPN be terminated. On or about June 17, 2014, Respondent was terminated from IPN due to noncompliance with the terms of the Monitoring Agreement. 8. Section 456.072(1)(hh), Florida Statutes (2013), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Department of Health v. Steven Patrick Garth, R.N. 2 Case Number 2014-09639 Garth, Steven Patrick (RN, hh).doc 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. 9. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2013). 10. As set forth above, on or about June 17, 2014, Respondent was terminated from IPN by failing to comply with the terms of his Monitoring Agreement, which had an active monitoring period from on or about March 3, 2014, through on or about March 2, 2019. 11. Based on the foregoing, . Respondent violated Section 456.072(1)(hh), Florida Statutes (2013), 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. Department of Heaith v. Steven Patrick Garth, R.N, 3 Case Number 2014-09639 Garth, Steven Patrick (RN, hh).doc 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 OP say of NA LA MN bev , 2014, FILED DEPARTMENT OF HEALTH DEPUTY CLERK senor ae /JVL John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health p) AaVIngorn . Livingsfgne grida Bar No. 0073525 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 Facsimile: (850) 245-4683 jodi-ann livingstone@fihealth.gov PCP Date: December 16, 2014 PCP Members: Nichols, Kemp, and Newman Department of Health v. Steven Patrick Garth, R.N. : 4 Case Number 2014-09639 Garth, Steven Patrick (RN, hh).doc 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. Department of Health v. Steven Patrick Garth, R.N, 5 Case Number 2014-09639 Garth, Steven Patrick (RN, hh).doc

Docket for Case No: 16-001694PL