STATE OF FLORIDA © DEPARTMENT OF HEALTH — DEPARTMENT OF HEALTH, PETITIONER, | v. . CASE NO. 2018-27312 KARI MIKULANEC, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner; Department ‘of Health, by and through its undersigned counsel, and fi les this Administrative Complaint before the Board of Nursing: against Respondént, Kari-Mikulanec, R.N., and in support thereof alleges: . | 1. Petitioner is the state agency charged. with regulating the practice of nursing assistance pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2, At all times material to this Complaint, Respondent was a registered nurse (R. N. ) within the state of Florida, having been issued license number RN 9455761. 3. Respondent's address of record is 3705 Valle Santa Circle, Cape Coral, Florida 33909. . | | a | 5. On or about October 16, 2018, Respondent entered into a Monitoring Contract with the Intervention Project for Nurses. 6. The Intervention Project for Nurses (IPN) is the impaired nurses program for the Board of Nursing, designated pursuant to Section 456.076, Florida Statutes. IPN is a program that monitors the evaluation, care, and treatment of impaired nurses. IPN also provides for the exchange of information between treatment providers and the Department for the protection of the public. . 7. The ‘Monitoring Contract had a projected active monitoring period from on or about October 12, 2018, through on or about October 11, 2020. - . 8. . On or about November 28, 2018, IPN terminated Respondent due to noncompliance, without good cause, with the terms of Respondent's Monitoring Contract. ; | - 9. Section 456.072(1)(hh), Florida Statutes (2018), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section Department of Health v. Kari Mikulanec, R.N. 2 Case No. 2018-27312 456.076, Florida Statutes (2018), 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, constitutes, grounds for disciplinary action. 10. As set forth above, on or about November 28, 2018, IPN terminated Respondent due to noncompliance, without good cause, with the terms of Respondent's Monitoring Contract. 11. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2018), 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 (2018), 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. Department of Health v. Kari Mikulanec, R.N. . 3 Case No. 2018-27312 . 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 _10th_ day of _May_, 2019. [s/ Logan A. White LOGAN A. WHITE So Assistant General Counsel Fla. Bar No. 112281 Florida Department of Health Prosecution Services Unit .-- - 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL. 32399-3265: Telephone: (850) 558-9913 ~ Facsimile: (850) 245-4662 -- Email: logan.white@flhealth.gov i FILED im PCP: 5/10/19 DEPARTMENT OTe CLERK: Angel sees PCP Members: Stone-Gale, Whitson cue iene w= Department of Health v. Kari Mikulanec, RN. = 4 Case No. 2018-27312 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 126.57, 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. Department of Health v v. Kari Mikulanec, RN. 5 Case No. 2018-27312 -

Docket for Case No: 19-006757PL