STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-12461 NAOMI JOCLAINE MIMY, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Naomi Joclaine Mimy, 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 to practice as a registered nurse in the State of Florida, pursuant to Chapter 464, Florida Statutes (2016), having been issued license number RN 9436670. 3. At all times material to this complaint, Respondent’s address of record was 711 Toulon Drive, Kissimmee, Florida 34759. 4. At all times material to this complaint, Respondent was employed as a registered nurse at Poinciana Medical Center (PMC), in Kissimmee, Florida. 5. | Onor about June 28, 2017, a daily audit reflected discrepancies in Respondent’s medication and controlled substances administration. 6. On or about June 29, 2017, the Chief Nursing Officer observed surveillance video which depicted Respondent removing medication from the medication room on June 23, 24, and 25, 2017. 7. On or about June 23, 2017, at 1:30 AM, Respondent removed Morphine! without documenting its administration, return, or waste; 8. On or about June 24, 2017, Respondent removed, at the following times, the following controlled substances: a. 4:27 AM, Hydromorphone?, without documenting the waste 1 Morphine is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2017), morphine is a Schedule IT controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of morphine may lead to severe psychological or physical dependence. ? Hydromorphone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes, hydromorphone is a Schedule II controlled substance that has a high potential for abuse and has a 2 Administrative Complaint Dep't of Health v. Naomi Joclaine Mimy, R.N. DOH Case No. 2017-12461 of 0.5 mg; b. 10:35 PM, Morphine, without documenting its administration, return, or waste; | c. 10:37 PM, Morphine, without documenting its administration, return, or waste; 9. On or about June 25, 2017, at 6:41 AM, Respondent removed Hydromorphone, without documenting its administration, return, or waste. 10. On or about June 30, 2017, the Chief Nursing Officer and other PMC staff questioned Respondent regarding the variances and discrepancies from June 23, 24, and 25, 2017. 11. Respondent admitted to having a drug problem and to taking the drugs. COUNT I 12. Petitioner re-alleges and incorporates paragraphs one through eleven as if fully set forth herein. 13. Section 464.018(1)(h), Florida Statutes (2016), subjects a currently accepted but severely restricted medical use in treatment in the United States. Abuse of hydromorphone may lead to severe psychological or physical dependence. 3 Administrative Complaint Dep't of Health v. Naomi Joclaine Mimy, R.N. DOH Case No. 2017-12461 licensee to discipline for committing “unprofessional conduct, as defined by board rule.” 14. Rule 64B9-8.005(2), Florida Administrative Code, defines unprofessional conduct as including “[m]isappropriating drugs, supplies, or equipment.” 15. Respondent misappropriated Morphine and Hydromorphone from Poinciana Medical Center. 16. Based on the foregoing, Respondent violated section 464.018(1)(h), Florida Statutes (2016), as defined by Rule 64B9-8.005(2), Florida Administrative Code. COUNT II 17. Petitioner re-alleges and incorporates paragraphs one through eleven as if fully set forth herein. 18. Section 464.018(1)(i), Florida Statutes (2016), subjects a licensee to discipline for, [e]ngaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in chapter 893, for any other than legitimate purposes authorized by this part. 19. Respondent possessed Morphine and Hydromorphone for other than a legitimate purpose. Administrative Complaint Dep't of Health v. Naomi Joclaine Mimy, R.N. DOH Case No. 2017-12461 20. Based on the foregoing, Respondent violated section 464.018(1)(i), Florida Statutes (2016). WHEREFORE, Petitioner respectfully requests that the Board 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. SIGNED this !3th_ day of October , 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary wa Kath Ftmpleey Keith C. Humphrey Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 pepaR FILED Tallahassee, FL 32399-3265 DEPUTY OLERK Florida Bar Number 93767 Date er ge (P) (850) 558-9855 — ET 138 7 (F) (850) 245-4662 (E) Keith. Humphrey@flhealth.gov PCP: October 13, 2017 PCP Members: Stone-Gale & Forst Administrative Complaint Dep't of Health v. Naomi Joclaine Mimy, R.N. DOH Case No. 2017-12461 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 any other discipline imposed. Administrative Complaint Dep't of Health v. Naomi Joclaine Mimy, R.N. DOH Case No. 2017-12461

Docket for Case No: 17-006899PL