STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-13430 MATTHEW J. TWIGG, 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, Matthew J. Twigg, 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 (R.N.) within the state of Florida, having been issued license number RN 9355036. 3. | Respondent's address of record is 1408 Sean Court, Saint Cloud, Florida 34772. 4. At all times material to this Administrative Complaint, Respondent was employed as a registered nurse at Osceola Regional Medical Center (ORMC), located in Kissimmee, Florida. 5. Onor about July 12, 2017, ORMC ordered Respondent to submit to a urinalysis drug test. 6. Onor about July 12, 2017, Respondent submitted to a urinalysis drug test at ORMC. 7. On or about July 27, 2017, Respondent's drug screen was confirmed positive for Marijuana (Cannabis), a drug listed in Section 112.0455(5)(a), Florida Statutes (2018). 8. According to Section 893.03(1), Florida Statutes, cannabis 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,” 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. 9. Respondent failed to provide a lawful prescription and legitimate medical reason for using cannabis. 10. Onor about July 7, 2018, Respondent submitted to a mental and physical examination conducted by T.H., M.D. 11. Dr. T.H. diagnosed Respondent with cannabis use disorder. 12. Dr. T.H. opined that Respondent is not safe to practice as a registered nurse. COUNT ONE 13. Petitioner realleges and incorporates paragraphs one (1) through twleve (12) as if fully set forth herein. 14, Section 464.018(1)(j), Florida Statutes (2018), 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. 15. Respondent is unable to practice nursing with reasonable skill and safety as a result of a mental condition, as set forth in the July 7, 2018, evaluation of Respondent by T.H., M.D. 16. Based on the foregoing, Respondent has violated Section 464.018(1)(j), Florida Statutes (2018), by 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. COUNT TWO 17, Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 18. Section 456.072(1)(aa), Florida Statutes (2017), subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, Florida Statutes (2018), 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. 19. Section 112.0455(5)(a), Florida Statutes (2017), provides that “Drug” means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; Opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. 20. As set forth above, Respondent tested positive for cannabis on a laboratory confirmed employer-ordered urinalysis drug screen, without a lawful prescription for cannabis and/or without a legitimate medical reason for using cannabis. , 21. Based on the foregoing, Respondent violated Section 456.072(1)(aa), Florida Statutes (2017), which subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, Florida Statutes (2018), 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. 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. [signature page follows] SIGNED this __23 _ day of ___ April , 2019. FILED DEPDepurY clerk /a/ Dilip A. ctr: (laude Maus — Philip A. Crawford Assistant General Counsel DATE: __APR 242019 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 91378 (850) 558 - 9829 Telephone (850) 245 - 4662 Facsimile Email: Philip. Crawford@flhealth.gov /PAC PCP: April 23, 2019 PCP Members: McDonough & Glymph 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.

Docket for Case No: 20-004925PL