STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO.: 2020-33726 TERRI FITZPATRICK, R.N., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health (Department), _ files this Administrative Complaint before the Board of Nursing (Board) against Respondent, Terri Fitzpatrick, R.N., and in support thereof alleges: 1. Petitioner is the state agency charged with reghlating 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 licensed to practice nursing within the State of Florida, having been issued license number RN 9409999, 3. At all times material to this Complaint, Respondent’s| address of record was 1437 Sunset Boulevard, Daytona Beach, Florida 32117. 4. On January 29, 2020, during Respondent's shift at Halifax Health Medical Center (Halifax Health) in Daytona Beach, Florida, mm exhibited behavior indicative of impairment. 5. Halifax Health requested Respondent undergo a urine drug screen. 6. | Respondent's drug screen was confirmed positive for amphetamine,? oxymorphone,?_ and oxycodone.? | 7. Respondent did not have a lawful prescription and legitimate medical reason for using amphetamine, oxymorphone, and/or oxycodone. 8. On January 7, 2021, Dr. Jeremy Mirabile, M.D., (Dr. Mirabile), an addiction medicine specialist, evaluated Respondent pursuant to an Order filed in this case. 9. Dr. Mirabile diagnosed Respondent with one or more of the following conditions: 1 According to section 893.03(2), Hlorida Statutes (2020), amphetamine Is a Schedule II eoled substance that has a high potential for abuse and has a currently accepted but severely icted medical use in treatment In the United States. Abuse of amphetamine may lead to severe psychological or physical dependence. 2 Oxymorphone is prescribed to treat pain. According to section 893.03(2), oxymorphone ai 0 controlled substance that has a high potential for abuse and has a currently accepted but restricted medical use in treatment in the United States. Abuse of oxymorphone may lead| to severe Psychological or physical dependence. 3 Oxycodone is commonly prescribed to treat pain. According to section 893.03(2), oxycodone is a Schedule It controlled substance that has a high potential for abuse and has a currently a but severely restricted medical use In treatment in the United States. Abuse of oxycodone yy lead to severe psychological or physical dependence, 2 Administrative Complaint DOH v. Terri Fitzpatrick, R.N., Case No.: 2020-33726 a. mild stimulant use disorder; oe . Unspecified opioid use disorder; c. unspecified sedative/hypnotic use disorder; d. severe congestive heart failure with an ejection fraction of 10- 15% requiring defibrillator placement; and/or e. major depressive disorder. 10. Dr. Mirabile opined that Ms. Fitzpatrick is unable to practice nursing with reasonable skill and safety to patients. Count I 11. Petitioner hereby realleges and incorporates paragraphs one through ten as if fully set forth herein. 12. Section 456.072(1)(aa), Florida Statutes (2020), authorizes discipline, including restriction, for testing positive for any drug, |as defined in section 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. 13. Respondent tested positive on a confirmed employer-ordered drug screen for amphetamine, oxymorphone, and/or oxycodone without having a lawful prescription and legitimate medical reason for using those 3 Administrative Complaint DOH v, Terri Fitzpatrick, R.N., Case No.: 2020-33726 drugs. 14. Based on the foregoing, Respondent violated section 456.072(1)(aa). Count IT 15. Petitioner hereby realleges and incorporates paragraphs one through ten as if fully set forth herein. 16. Section 464.018(1)(j), Florida Statutes (2020),| authorizes discipline against a nurse 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 ak a result of any mental or physical condition. 17. Respondent is unable to practice nursing with reareaci skill and safety to patients due to one or more of the following conditions: a. mild stimulant use disorder; | b. unspecified opioid use disorder; c. unspecified sedative/hypnotic use disorder; d. severe congestive heart failure with an ejection fraction of 10- 15% requiring defibrillator placement; and/or | e. major depressive disorder. Administrative Complaint ‘ DOH v. Terni Fitzpatrick, R.N., Case No.: 2020-33726 18. Based on the foregoing, Respondent violated section 464.018(1)(j). 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. PCP Meeting: February 24, 2021 WHEREFORE, Petitioner respectfully requests that the Board enter an SIGNED this 24th day of February 2021. FILED Mou FEB 2 4 2021 Scott A. Rivkees, M.D. State Surgeon General /s/ Gerald C. Henley, Il, FBN: 1005574, for Ryan Sandy Assistant General Counsel Florida Bar No. 117940 DOH Prosecution Services Un 4052 Bald Cypress Way Tallahassee, FL 32399-3265 | Telephone (850) 558-9862 Fax (850) 245-4662 Ryan.Sandy@fihealth.gov PCP Members: Ramos and Whitson Administrative Complaint DOH v. Terri Fitzpatrick, R.N., Case No.: 2020-33726 NOTICE OF RIGHTS Respondent has the right to request a hearing to be tonducted in accordance with Section 120.569 and 120.57, Florida Statutes (2020), 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 jsubpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must bejin 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 (2020), is not available to resolve this Administrative Complaint. NOTI DING 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 (2020),|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 DOH v. Terri Fitzpatrick, R.N., Case No.: 2020-33726

Docket for Case No: 21-001398PL