STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-15012 JARED DUANE SLAY, R.N., RESPONDENT. ee | ADMINISTRATIVE COMPLAINT Petitioner, Department of Health (Department), files this Administrative Complaint before the Board of Nursing (Board) against Respondent, Jared Duane Slay, 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 (2017); Chapter 456, Florida Statutes (2017); and Chapter 464, Florida Statutes (2017). 2. At all times material to this Complaint, Respondent was licensed to practice nursing within the State of Florida, having been issued license number RN 9238696. 3. Respondent's address of record is 4400 North Alatamaha Street, St. Augustine, Florida 32092. 4. Onor about March 16, 2016, the Board of Nursing entered Final Order number DOH-16-0576-S-MQA against Respondent's nursing license. 5. The Final Order was a resolution to Department of Health case number 2014-13932. . 6. The Final Order required Respondent to enter into a monitoring contract with the Intervention Project for Nurses (IPN)! and comply with any and all conditions imposed by IPN. 7. Onor about April 3, 2017, Respondent entered into a monitoring contract (the contract) with IPN which required Respondent to abstain from alcohol. 8. Onor about June 6, 2017, Respondent submitted to an IPN- required PEth blood spot test (PEth test)? that returned positive for alcohol at a value of 204 ng/mL. 9. On or about July 19, 2017, Michael P. Strolla, D.O., an 1 The Intervention Project for Nurses Is the impaired practitioner program for the Board of Nursing, pursuant to Section 456.076, Florida Statutes (2015-2017). IPN 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. 2 Phosphatidylethanol testing, known as PEth testing, is a highly reliable blood test allowing the detection of chronic excessive alcoho! abuse over the previous 3-4 weeks. 2 Administrative Complaint DOH v. Jared Duane Slay, R.N. 2017-15012 osteopathic physician specializing jin addiction medicine, diagnosed Respondent with moderate alcohol use disorder. | 10. Dr. Strolla opined that Respondent is unable to practice nursing with reasonable skill and safety to patients. 11... Asa result of Dr. Strolla’s opinion, IPN required Respondent to enter into a treatment program. 12. Respondent failed to enter into the IPN-required treatment program. . 13. On or about August 25, 2017, IPN terminated Respondent's monitoring contract for Respondent's failure to comply, without good cause, with the terms of the monitoring contract. COUNT I 14. Petitioner realleges and incorporates paragraphs one through thirteen, as if fully set forth herein. . 15. Section 464.018(1)(I), Florida Statutes (2017), authorizes the Board of Nursing to impose discipline against a licensee for knowingly violating a lawful order of the Board previously entered in a disciplinary proceeding. 16. Respondent violated ‘a lawful order of the Board of Nursing by Administrative Complaint ; DOH v. Jared Duane Slay, R.N. 2017-15012 failing to. comply with conditions imposed by IPN in one or more of the following ways: . a. By failing to abstain from alcohol use; and/or b. By failing to enter into the IPN-required treatment program. 17. Based on the foregoing, Respondent violated Section 464.018(1)(1), Florida Statutes (2017). COUNT II 18. Petitioner realleges and incorporates paragraphs one through thirteen, as if fully set forth herein. 19. Section 456.072(1)(hh), Florida Statutes (2017), authorizes discipline against a licensee for being terminated from an impaired practitioner program; for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee; or for not successfully completing any drug treatment or alcohol treatment program. 20. Respondent was terminated from IPN, an impaired practitioner program, for failing to comply, without good cause, with the terms of the monitoring contract, in one or more of the following ways: a, By failing to abstain from alcohol use as required by the Administrative Complaint 4 DOH v. Jared Duane Slay, R.N. 2017-15012 . contract, without good cause; and/or b. By failing to successfully complete the IPN-required treatment — program. . 21. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2017). ~ COUNT III 22. Petitioner realleges and incorporates paragraphs one through thirteen, as if fully set forth herein. 23. Section 464.018(1)(j), Florida Statutes (2017), authorizes the Board of Nursing to impose discipline against a licensee for 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. 24. Respondent is unable to practice nursing with reasonable skill and safety to patients due to moderate alcohol use disorder. 25. Based. on the foregoing, Respondent violated Section 464.018(1)(j), Florida Statutes (2017). . WHEREFORE, Petitioner respectfully requests that the Board enter an order imposing one or more of the following penalties: permanent revocation Administrative Complaint ° . DOH v. Jared Duane Slay, R.N. 2017-15012 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 /S* day of L deom ber— 2017. Celeste Philip, M.D., M.P.H. oe General and Secretary ‘Réés D. pe =t Florida Bar No. 121717 Assistant General Counsel _ Office of the General Counsel Prosecution Services Unit Florida Department of Health 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3265 DEPARTMENT (OF HEALTH Telephone: (850) 558-9911 Lem aneasonere Facsimile: (850) 245-4662 D BEC. 18 “OT ee ” Email: Ross.Vickers@flhealth.gov 2o/7 cp: /2U/8/: ACP Members S7ONe- Gol. t Golda Administrative Complaint DOH v. Jared Duane Slay, R.N. 2017-15012 NOTICE OF HTS 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 DOH v. Jared Duane Slay, R.N. 2017-15012

Docket for Case No: 18-001206PL