STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-27799 KIRK DANIEL CARTER, R.N., RESPONDENT. ee ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Kirk Daniel Carter, 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 Complaint, Respondent was a registered nurse (R.N.) within the state of Florida, having been issued license number RN 9273843. 3. Respondent's address of record is 1922 Bow Court, Valrico, Florida 33594. 4. Respondent may also be found at 119 Oakfield Drive, Brandon, Florida 33511, 5. At all times material to this Administrative Complaint, Respondent was employed as a registered nurse by Brandon Regional Hospital, located in Brandon, Florida. 6. On or about October 12, 2016, Respondent submitted to an employer-ordered drug screen. 7. Section 112.0455(5)(a), Florida Statutes (2016), 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. 8. Onor about October 26, 2016, Respondent tested positive for hydromorphone!, a drug listed on listed in Section 112.0455(5)(a), Florida Statutes (2016), on a confirmed employer-ordered drug screen. ‘ Lvdromorphone is an opioid pain medication. According to Section 893.03(2), Florida Statutes, hydromorphone is a Schedule I] controlled substance that has a high potential for abuse and has a currently accepted but severely Department of Health v. Kirk Daniel Carter, R.N. 2 Case No, 2016-27799 9. Respondent failed to provide a lawful prescription and legitimate medical reason for using hydromorphone. 10. Section 456.072(1)(aa), Florida Statutes (2016), subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, Florida Statutes (2016), 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. 11. As set forth above, Respondent tested positive for hydromorphone, and did not provide a lawful prescription or have a legitimate medical reason for using hydromorphone. 12. Based on the foregoing, Respondent violated Section 456.072(1)(aa), Florida Statutes (2016), which subjects a licensee to discipline for testing positive for any drug, as defined in Section 112.0455, Florida Statutes (2016), 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, Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanent restricted medical use in treatment in the United States. Abuse of hydromorphone may lead to severe psychological or physical dependence. Department of Health v. Kirk Daniel Carter, R.N. 3 Case No. 2016-27799 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. SIGNED this /O}h day of February , 2017. Celeste Philip, MD, MPH State Surgeon General and Secretary Ze. bl Met- LOGAN A. WHITE Assistant General Counsel Fla. Bar No, 112281 Prosecution Services Unit Florida Department of Health 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 ex, 8173 Facsimile: (850) 245-4662 Email: logan.white@flheaith.gov FILED DEPARTMENT OF HEALTH DEPUTY CLERK PCP: 2/10/2017 Daren eel bdo /10/ DATE: FEB 1 4 2017 PCP Members: Stone-Gale & Forst Department of Health v. Kirk Daniel Carter, R.N. 4 Case No. 2016-27799 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. Kirk Daniet Carter, R.N. 5 Case No. 2016-27799

Docket for Case No: 21-000129PL