STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. : CASE NO. 2017-15831 LINDA JEAN WILSON, L.P.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Nursing (Board) against Respondent Linda Jean Wilson, L.P.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 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 PN 5177065. 3. At all times material to this Complaint, Respondent's address of record was 9814 Ash Street, Tampa, Florida 33635. 4, In or around August 2017, Respondent worked as a practical nurse at Habana Health Care Center, located in Tampa, Florida. 5. On or about August 22, 2017, Respondent submitted to-an employer-ordered urine drug screen, which was confirmed positive for marijuana’ and hydromorphone.2 6. Respondent did not have a lawful order or prescription and legitimate medical reason for consuming marijuana and/or hydromorphone. 7. On or about December 6, 2017, Respondent was evaluated by Lawrence Wilson, M.D., a physician specializing in addiction medicine. 8. Dr. Wilson diagnosed Respondent with mild opiate use disorder and/or mild cannabls use disorder. 9. Dr. Wilson opined that Respondent is unable to practice nursing with reasonable skill and safety to patients. } According to Section 893.03(1), Florida Statutes (2017), cannabis, also known as marijuana, is a Schedule I controlled substance that has a high potential for abuse and has no currently accepted medical use in treatment in Florida. The term does not Include “low-THC cannabis” or medical marijuana, as defined in Section 381.986, Florida Statutes, If manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Section 381.986, Florida Statutes. Short-term effects of marijuana use include euphoria, distorted perceptions, memory impairment, and difficulty thinking and solving problems. (National Institute on Drug Abuse) 2 Hydromorphone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2017), hydromorphone is a Schedule II 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 hydromorphone may lead to severe psychological or physical dependence. 2 . Administrative Complaint Deptt of Health v. Linda Jean Wilson, L.P.N. DOH Case No. 2017-15831 Count I 10. Petitioner re-alleges and incorporates paragraphs one through _nine as if fully set forth herein. 11. 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. 12. Respondent is unable to practice nursing with reasonable skill and safety to patients due to the following conditions: a. Mild opioid use disorder; and/or b. Mild cannabis use disorder. 13. Based on the foregoing, Respondent violated’ Section 464.018(1)()), Florida Statutes (2017). Count IT 14. Petitioner re-alleges and incorporates paragraphs one through nine as if fully set forth herein. 15. Section 456.072(1)(aa), Florida Statutes (2017), authorizes the Board of Nursing to impose discipline against a licensee for testing positive Administrative Complaint ~ , ; . Dep't of Health v. Linda Jean Wilson, L.P.N. DOH Case No, 2017-15831 for any drug, as defined in Section 112.0455, Florida Statutes (2017) 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. 16. Respondent tested positive for hydromorphone and/or cannabis on a confirmed employer-ordered drug screen without a lawful prescription or order, and legitimate medical reason for using the drug(s). 17. Based on the foregoing, Respondent violated Section 456.072(1)(m), Florida Statutes. WHEREFORE, Petitioner respectfully requests that the Board enter an order imposing one or more of the following penaities: 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. [signature page follows] Administrative Complaint Deptt of Health v. Linda Jean wilson, L.P.N. DOH Case No. 2017-15831 ony ot thor SIGNED this Z.)_ day of r\ 2018. Celeste Philip,.M.D., M.P.H, Surgeon General and Secretary Kristen 6 fo Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 112206 FILED DEPARTMENT OF HEALTH ber Greene (T) (850) 558-9909 part APR 2 6 2018 (F) (850) 245-4662 : : (E) Kristen.Summers@flhealth.gov PCP Meeting: April 25, 2018 PCP Members: Habgood and Baumwald Administrative Complaint Dep't of Health v. Linda Jean Wilson, L.P.N. DOH Case No. 2017-15831 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. Linda Jean Wilson, L.P.N. DOH Case No, 2017-15831

Docket for Case No: 18-005863PL