Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: KELI MICHELLE CORNING, R.N.
Judges: E. GARY EARLY
Agency: Department of Health
Locations: Panama City, Florida
Filed: Oct. 24, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 29, 2016.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NO. 2016-14810
KELLI MICHELLE CORNING, R.N.,
RESPONDENT.
ADMINISTRATIVE COMPLAINT
Petitioner Department of Health files this Administrative Complaint
before the Board of Nursing against Respondent Kelli Michelle Corning,
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 (2016);
Chapter 456, Florida Statutes (2016); and Chapter 464, Florida Statutes
(2016). |
2. At all times material to this Complaint, Respondent was licensed
as a registered nurse within the state of Florida, having been issued license
number RN 9359961.
3. Respondent’s address of record is 2101 West Highway 390,
Apartment 608, Lynn Haven, Florida 32444.
4. On or about January 5, 2015, the Respondent executed a two-
year IPN monitoring contract. The Respondent's monitoring ‘contract
required her to refrain from the use of substances that were not prescribed
by a physician and approved by IPN.
5. On or about March 17, 2016, the Respondent submitted to an
IPN-required drug screen, which returned positive for buprenorphine and
norbuprenorphine.
6. According to Section 893.03(5), Florida Statutes (2015-2016),
buprenorphine is a Schedule V controlled substance that has a low
potential for abuse relative to the substances in Schedule IV and has a
currently accepted medical use in treatment in the United States. Abuse of
buprenorphine may lead to limited physical or psychological dependence
relative to the substances in Schedule IV.
7. Norbuprenorphine is a major active metabolite of the opioid
buprenorphine.
8. While being monitored by IPN, Respondent used Suboxone,
which she was not prescribed.
DOI vs. Kelli Michelle Corning. R.N.
Case No: 2016-14810
re)
9. On or about April 4, 2016, Scott A. Teitelbaum, M.D., a physician
specializing in addiction medicine, evaluated the Respondent pursuant to
IPN’s request.
10. Dr. Teitelbaum diagnosed the Respondent with unspecified
opiate use disorder.
11. Opiate, or opioid, drugs have similar actions as the drug opium
and are typically prescribed to treat pain. Opioid drugs are synthetically
manufactured, while opiate drugs are naturally occurring, but the terms
opioid and opiate are often used interchangeably. Opioid drugs are
addictive and subject to abuse.
12. Dr. Teitelbaum opined that the Respondent is unable to practice
nursing with reasonable skill and safety to patients.
13. On or about April 28, 2016, IPN instructed the Respondent to
undergo the treatment recommended by Dr. Teitelbaum. The Respondent
failed to do so.
14. On or about May 16, 2016, IPN terminated Respondent's
contract due to her failure to comply with the contract terms without good
cause, and failure to attend and follow the recommended treatment.
DOH vs. Kelli Michelle Corning. RN. 3
Case No: 2016-11810
COUNT I
15, Petitioner re-alleges and incorporates by reference paragraphs 1
through 14, as if fully set forth herein.
16. Section 456.072(1)(hh), Florida Statutes (2016), subjects a
registered nurse to discipline for 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
(2016), 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.
17. Respondent violated Section 456.072(1)(hh), Florida Statutes
(2016), by being terminated from her IPN monitoring contract for failure to
comply with the terms without good cause.
18. Based on the foregoing Respondent has violated Section
456.072(1)(hh), Florida Statutes (2016), 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 (2016), for failure to comply, without good cause, with the terms
of the monitoring or treatment contract entered into by the licensee, or for
DOI vs. Kelli Michelle Corning. R.N. 4
Case No: 2016-14810
not successfully completing any drug treatment or alcohol treatment
program.
COUNT II
19. Petitioner re-alleges and incorporates by reference paragraphs 1
through 14, as if fully set forth herein.
20. Section 464.018(1)(j), Florida Statutes (2016), 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.”
21. Respondent violated Section 464.018(1)(j), Florida Statutes
(2016), by being unable to practice nursing with reasonable skill and safety
to patients due to her unspecified opioid use disorder.
22. Based on the foregoing Respondent has violated Section
464.018(1)(j), Florida Statutes (2016), 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.
WHEREFORE, Petitioner respectfully requests that the Board of Nursing
enter an order imposing one or more of the following penalties: permanent
DOU vs. Kelli Michelle Corning. R-N. 5
Case No: 2016-14810
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.
SIGNED this th day of Ausnyy , 2016,
Celeste Philip, MD, MPH
Surgeon General and Secretary
LAM
Rob F. Sumniefs
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
opt OF Health Florida Bar Number 0099658
Deputy Clerk Phone (850) 245-4444 x 8150
CLERK ofngel Sanders Fax (850) 245-4662
a AUG 11 2018 - Robert.Summers@flhealth.gov
RFS
PCP: August 9, 2016
PCP Members: — Claydell Horne, PhD, RN (Panel Chair)
Lori Desmond, MSN, RN, NE-BC
DOI vs. Kelli Michelle Corning. RN. 6
Case No: 2016-14810
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. A request or petition for an administrative hearing
must be in writing and must be received by the Department within 21 days
from the day Respondent received the Administrative Complaint, pursuant
to Rule 28-106,111(2), Florida Administrative Code. If Respondent fails to
request a hearing within 21 days of receipt of this Administrative
Complaint, Respondent waives the right to request a hearing on the facts
alleged in this Administrative Complaint pursuant to Rule 28-106.111(4),
Florida Administrative Code. Any request for an administrative proceeding
to challenge or contest the material facts or charges contained in the
Administrative Complaint must conform to Rule 28-106.2015(5), Florida
Administrative Code.
Mediation under Section 120.573, Florida Statutes, is not available to
resolve this Administrative Complaint.
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.
DOI vs. Kelli Michelle Coming. R.N 7
Case No: 2016-14810
Docket for Case No: 16-006179PL
Issue Date |
Proceedings |
Nov. 29, 2016 |
Order Relinquishing Jurisdiction Without Prejudice and Closing File. CASE CLOSED.
|
Nov. 28, 2016 |
Joint Motion to Relinquish Jurisdiction filed.
|
Nov. 14, 2016 |
Order of Pre-hearing Instructions.
|
Nov. 14, 2016 |
Notice of Hearing by Video Teleconference (hearing set for December 15, 2016; 10:00 a.m., Central Time; Panama City and Tallahassee, FL).
|
Nov. 01, 2016 |
Joint Response to the Initial Order - Kelli Michelle Corning, R.N. - 16-6179PL filed.
|
Oct. 26, 2016 |
Notice of Serving Petitioner's First Request for Admissions, First Request for Interrogatories and First Request for Production to Respondent filed.
|
Oct. 25, 2016 |
Initial Order.
|
Oct. 24, 2016 |
Election of Rights filed.
|
Oct. 24, 2016 |
Administrative Complaint filed.
|
Oct. 24, 2016 |
Agency referral filed.
|