STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2017-18556 MIRIAM RILEY, 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, Miriam Riley, 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 RN 3311012. 3. | Respondent's address of record is 600 Parkview Drive, Apt. 917, Hallandale, Florida 33009. 4. On or about June 8, 2017, Respondent entered into a Monitoring Agreement with the Intervention Project for Nurses (IPN). 5. 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. 6. | The Monitoring Agreement entered into by Respondent had a projected active monitoring period from on or about June 2, 2017, through on or about June 1, 2022. 7. On or about October 12, 2017, Respondent was terminated from IPN due to noncompliance, without good cause, with the terms of the Monitoring Agreement. 8. On or about March 22, 2018, Respondent underwent an evaluation with Dr. J.A., M.D., coordinated through IPN. 9. Dr. A. opined that Respondent was unable to practice nursing with reasonable skill and safety to patients at that time. Department of Health v. Miriam Riley, RN 2 Case Number 2017-18556 COUNT I 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if set forth herein. 11. Section 456.072(1)(hh), Florida Statutes (2017), provides that 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, 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 Heel pie action. 12. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2015). } 13. As set forth above, on or about October 12, 2017, Respondent was terminated from IPN for failing to comply, without good cause, with the terms of her Monitoring Agreement. 14. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2017), by being terminated from a treatment program for impaired practitioners, which is overseen by an Department of Health v. Miriam Riley, RN 3 Case Number 2017-18556 impaired practitioner consultant as described in Section 456.076, Florida Statutes, 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 alcoho! treatment program. COUNT II 15. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if set forth herein. 16. Section 464.018(1)(j), Florida Statutes (2017), subjects a licensee to discipline 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. 17. As set forth above, Respondent is unable to practice nursing assistance with reasonable skill and safety due to substance use and/or mental disorders, per Dr. A.'s diagnosis. 18. Based on _ the foregoing, Respondent violated Section 464.018(1)(j), Florida Statutes (2017), for being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of Department of Health v. Miriam Riley, RN 4 Case Number 2017-18556 alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. 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 __ 31st ___ day of July , 2018. ' Celeste Philip, MD, MPH Surgeon General and Secretary [sf AVWL. Prescott Ann L, Prescott Assistant General Counsel Florida Bar No. 0092974 Florida Department of Health FILED ' Office of the General Counsel DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin #C65 CLERK: Apgel sraaty Tallahassee, FL 32399-3265 DATE: Telephone: (850) 558-9886 Facsimile: (850) 245-4662 Ann.Prescott@flhealth.gov PCP: July 31, 2018 PCP Members: Denker (chair) & Baumwald Department of Health v. Miriam Riley, RN 5 Case Number 2017-18556 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 to any other discipline imposed. Department of Health v. Miriam Riley, RN 6 Case Number 2017-18556

Docket for Case No: 20-004212PL