STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-14113 NICOLE LEE EMMONS, 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, Nicole Lee Emmons, 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 registered nurse within the state of Florida, having been issued license number RN9290815. 3. Respondent's address is 6002 Berryhill Road, Milton, FL 32570. 4. Respondent may have an additional address of 9 Villa Drive, Apt. J, Pensacola, FL 32506. 5. On or about August 1, 2017, Respondent submitted to a pre- employment drug screen for Nurses On Cali. . 6. On or about August 7, 2017, Respondent's urine was confirmed positive for benzodiazepines. 7. At all times material to this Administrative Complaint, - Respondent did not have a lawful prescription and legitimate medical reason for using benzodiazepines. 8. Section 456.072(1)(aa), Florida Statutes (2017), provides testing positive for any drug, as defined in s. 112.0455, on any confirmed pre-employment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug constitutes grounds for disciplinary action. 9. Section 112.0455, Florida Statutes (2017), defines “drug” to “mean alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; DOH v. Nicole Lee Emmons, R.N, 2 Case No. 2017-14113 benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. 10. On or about August 7, 2017, Respondent tested positive for - benzodiazepine, which is a drug as defined by Section 112.0455, Florida Statutes, on a confirmed pre-employment drug screen when Respondent did not have a lawful prescription and legitimate medical reason for using the drug. 11. Based on the foregoing, Respondent has violated Section 456.072(1)(aa), Florida Statutes (2017). [REMAINDER INTENTIONALLY LEFT BLANK] DOH v. Nicole Lee Emmons, RN. ~ 3 Case No. 2017-14113 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 _<2/>"_ day of - Lewober 2017. Celeste Philip, M.D., M.P.H. . Surgeon General and Secretary a thing Raj Misra Assistant General Counsel Fla. Bar No. 108907 Florida Department of Health DEPApras FILED Office of the General Counsel clea, DERUN OEHEALTH 4052 Bald Cypress Way, Bin C-65 Bisel Sgnaers Tallahassee, FL 32399-3265 ——_" * 1 2017 Telephone: (850) 558-9875 ST en —.. Facsimile: (850) 245-4662 Email: raj.misra@fihealth.gov PCP Meeting: 12/20/17 PCP Members: Trybulski, Desmond DOH vy. Nicole Lee Emmons, R.N. 4 Case No. 2017-14113 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. Please note that 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. ” DOH v. Nicole Lee Emmons, R.N.. 5 Case No, 2017-14113

Docket for Case No: 18-001262PL