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DOH-16-0585-ERO-MQA
FILED DATE MAR 2 4
Department o . ealth
STATE OF FLORIDA
DEPARTMENT OF HEALTH
In Re:
APenev Clerk
officers conducted a traffic stop after Mr. Rome made an improper right turn.
2016
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3.
The officers asked Mr. Rome for consent to search his vehicle
which he gave.
4.
consumed pint can of beer hidden in the center console. The officers also
discovered a glass pipe with white residue in the overhead sunglass
container.
5.
6.
During the stop, Mr. Rome spontaneously told the officers, "I
have a crack problem but I only smoke it when I drink and gamble."
7.
According to Section 893.03(2), Florida Statutes, cocaine is a Schedule II controlled substance that has
a high potential for abuse and has a currently accepted but severely restricted medical use in treatment
in the United States. Abuse of cocaine may lead to severe psychological or physical dependence.
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9.
He dropped off a female passenger prior to the traffic stop, and gave the
female passenger money in exchange for sexual favors so that she could buy
cocaine.
12.
the past several months. Mr. Rome claimed that the cocaine was for the
female passenger only.
13.
Mr. Rome told Dr. Wilson that he did not report his arrest to the
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15.
Mr. Rome claimed to have smoked crack cocaine five to six times
in the past three years. Mr. Rome stated he used cannabis2 in college but
had not used cannabis in the past thirty years.
16.
Mr. Rome told Dr. Wilson that he drinks three to four cans of
beer per month, and he drank a can of beer the night before the evaluation.
17.
and nail screening for drugs and alcohol. The results of the urine drug
screening were positive for metabolites of alcohol, EtG3 at 7,346 ng/mL and
EtS4 at a level of 1,223 ng/mL. The PEth5 bloodspot test was positive at 177
ng/mL. The nail screen was positive for metabolites of cocaine,
benzoylecgonine at 3,423 pg/mg, norcocaine at 81 pg/mg, cocaine at 5,490
pg/mg, and cocaethylene at 194 pg/mg.
18.
Dr. Wilson opined that Mr. Rome was less than honest when
disclosing his use of alcohol and cocaine, and that Mr. Rome uses a
2 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.
3 EtG, or Ethyl Glucuronide, is a metabolite of alcohol produced by the liver.
4 EtS, or Ethyl Sulfate, is a metabolite of alcohol produced by the liver.
5 PEth, or Phosphatidylethanol, is a metabolite of alcohol and its presence in the blood may indicate
recent, heavy use.
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Dr. Wilson opined that the nail test results very strongly
indicated significant concomitant use of both cocaine and alcohol and place
Mr. Rome at significant risk of cardiac complications.
21.
significant use of alcohol within the one to three days before the evaluation,
and these results were not consistent with his self-report of one can of beer
the night prior to the evaluation.
22.
Regarding the PEth blood test results, Dr. Wilson opined that Mr.
Rome was drinking in large and consistent quantities, either significant binge
drinking in the past two to three weeks, or multiple episodes of significantly
heavy alcohol use on almost a daily basis within the past two to four weeks.
Dr. Wilson opined that he would expect a lower, if not negative result, based
on Mr. Rome's self-report.
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23.
Dr. Wilson opined that Mr. Rome is minimizing his use of both
cocaine and alcohol and has significant denial regarding his substance use
disorder.
24.
highly probable. Dr. Wilson opined that Mr. Rome's use of cocaine will
continue to remain a high probability. Dr. Wilson further opined that Mr.
Rome's frequenting of prostitutes demonstrates poor judgment and decisionmaking.
26.
Intervention Project for Nurses (IPN). Dr. Wilson further recommended that
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As of the date of this Order, Mr. Rome has not complied with Dr.
Wilson's recommendations.
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unable to practice nursing with reasonable skill and safety. Based on that
opinion, Mr. Rome's continued addiction to cocaine and alcohol, that the
safety of the patients for whom he is caring cannot be assured, and the
expert's recommendations, there are no less-restrictive means than the
terms outlined in this Order that will adequately protect the public.
CONCLUSIONS OF LAW
Based on the foregoing Findings of Fact, the State Surgeon General
concludes as follows:
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1.
(2015), by being unable to practice nursing with reasonable skill and safety
to patients due to his cocaine abuse versus dependence and alcohol abuse
versus dependence.
4.
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5.
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the citizens of the State of Florida, and this summary procedure is fair under
the circumstances to adequately protect the public.
WHEREFORE, in accordance with Section 120.60(6), Florida
Statutes (2015), it is ORDERED THAT:
1.
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thx-th
, 2016.
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