State action against Rome

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Penev Clerk

STATE OF FLORIDA

DEPARTMENT OF HEALTH

Final Order No. DOH-16-0585-ERO-MQA

F I L E D D A T E

MAR 2 4 2016

Department o . ealth

In Re:

mergency Restriction of the License of

William C. Rome, R.N.

License Number: RN 3192782

Case Number: 2015-27773

ORDER OF EM ERGENCY RESTRICTION OF LICENSE

Celeste Philip, M.D., M.P.H., Interim State Surgeon General and

Secretary of Health, ORDERS the emergency restriction of the license of

William Clayton Rome, R.N., (Mr. Rome) to practice as a registered nurse in

the State of Florida. Mr. Rome holds license number RN 3192782. His

address of record is 208 29th Street East, Palmetto, Florida 34221. The

following Findings of Fact and Conclusions of Law support the emergency

restriction of Mr. Rome's license to practice as a registered nurse in the State

of Florida.

FINDINGS OF FACT

1.

At all times material to this Order, Mr. Rome was licensed to

practice as a registered nurse in the State of Florida, pursuant to Chapter

464, Florida Statutes (2015).

2.

On or about June 2, 2015, St. Petersburg Police Department

officers conducted a traffic stop after Mr. Rome made an improper right turn.


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he Emergency Restriction of the License of


License Number RN 3192782

Case Number 2015-27773

3.

The officers asked Mr. Rome for consent to search his vehicle

which he gave.

4.

During the search, the officers discovered an open and partially

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.

The glass pipe tested positive for cocaine.

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.

Mr. Rome was placed under arrest for violating Section

316.1936(2)(a), Florida Statutes (2015), Driver in Possession of an Open

Container and Section 893.147, Florida Statutes (2015). Possession of

Drug Paraphernalia.

8.

On or about July 29, 2015, Mr. Rome pleaded nolo contendere

to violating Section 316.1936(2)(a), Florida Statutes (2015), Driver in

Possession of an Open Container.

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.

On or about September 27, 2015, Mr. Rome pleaded nolo

contendere to violating Section 893.147, Florida Statutes (2015),

Possession of Drug Paraphernalia.

10.

On or about February 3, 2016, Lawrence S. Wilson, M.D. (Dr.

Wilson), a physician specializing in addiction medicine, evaluated Mr. Rome

pursuant to Department order.

11.

Mr. Rome explained the circumstances surrounding his arrest.

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.

Mr. Rome had frequently solicited prostitutes for assignation for

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

Board of Nursing or his new employer.

14.

Mr. Rome denied making the above statement in reference to his

crack cocaine addiction to officers of the St. Petersburg Police Department.

Mr. Rome denied that he has a problem with crack cocaine, and stated that

his last use was in December of 2015.

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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 cannabis

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.

As part of the evaluation, Mr. Rome submitted to urine, blood

and nail screening for drugs and alcohol. The results of the urine drug

screening were positive for metabolites of alcohol, EtG

3 at 7,346 ng/mL and

EtS

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at a level of 1,223 ng/mL. The PEth

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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

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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.

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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.

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PEth, or Phosphatidylethanol, is a metabolite of alcohol and its presence in the blood may indicate

recent, heavy use.

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significantly greater amount of cocaine and alcohol than he disclosed. Dr.

Wilson opined that the results are cause for serious and significant concern.

19.

Dr. Wilson opined that the nail test results very strongly

suggested usage of cocaine in amounts and frequencies much greater than

his self-report of five or six times in the past three years.

20.

Dr. Wilson opined that the significant quantities of cocaethylene

indicated significant concomitant use of both cocaine and alcohol and place

Mr. Rome at significant risk of cardiac complications.

21.

Dr. Wilson opined that the positive EtG/EtS results indicated a

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.

Dr. Wilson opined that he did not perceive any significant

expression of remorse, or statements of poor judgment. Dr. Wilson opined

that Mr. Rome continues to see his mistakes as falling within the realm of

minor criminality and not as a substance use disorder.

25.

Dr. Wilson opined that Mr. Rome's continued use of alcohol is

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 decision-

making.

26.

Dr. Wilson diagnosed Mr. Rome with cocaine abuse versus

dependency, alcohol abuse versus dependency, cannabis abuse in apparent

remission, and depressive disorder, situational, mild.

27.

Dr. Wilson opined that Mr. Rome is unable to practice nursing

with reasonable skill and safety to patients.

28.

Dr. Wilson recommended that Mr. Rome self-report to the

Intervention Project for Nurses (IPN). Dr. Wilson further recommended that

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Mr. Rome enter into a residential/inpatient treatment facility or at a partial

hospitalization with housing component program approved by IPN.

29.

IPN is the impaired practitioner program for the Board of

Nursing, pursuant to Section 456.076, Florida Statutes (2015). IPN monitors

the evaluation, care, and treatment of impaired nurses. IPN oversees

random drug screens and provides for the exchange of information between

treatment providers, evaluators, and the Department for the protection of

the public.

30.

Dr. Wilson recommended that Mr. Rome engage in a chemical

dependency monitoring agreement.

31.

As of the date of this Order, Mr. Rome has not complied with Dr.

Wilson's recommendations.

32.

In the course of their practice, registered nurses have access to

medications, including controlled substances, which have a high likelihood

for abuse and harm. Registered nurses must dispense and administer such

drugs in a manner that is safe and effective for the patient. Registered nurses

must also be relied upon to refrain from consuming illicit substances and

alcohol in significant quantities while away from work so that they can

present to work fit and capable for the duty of caring for their patients.

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Registered nurses must also possess good judgment, be able to recognize

abnormal signs or symptoms of patients, and provide emergency care when

needed.

33.

Because Mr. Rome is impaired by his dependence upon cocaine

and alcohol and may not be capable of administering medications to, or

caring for, patients in a manner that is correct and safe, Mr. Rome's

continued unrestricted practice as a registered nurse presents an immediate

serious danger to the health, welfare, and safety of the public.

34.

An independent medical expert has determined that Mr. Rome is

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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In Re: he Emergency Restriction of the License of




1.

The State Surgeon General has jurisdiction over this matter

pursuant to Sections 20.43 and 456.073(8), Florida Statutes (2015), and

Chapter 464, Florida Statutes (2015), as set forth above.

2.

Section 464.018 1) j), Florida Statutes 2015), subjects

registered nurses to discipline, including restriction, 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.

3. Mr. Rome violated Section 464.018(1)(j), Florida Statutes

(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. Section 464.018 1) i), Florida Statutes 2015), subjects

registered nurses to discipline, including restriction, for engaging or

attempting to engage in the possession, sale, or distribution of controlled

substances as set forth in Chapter 893, for any other than legitimate

purposes authorized by this part.

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5.

r. Rome violated Section 464.018(1)(i), Florida Statutes (2015),

by engaging in, or attempting to engage, in the possession of cocaine

without a prescription on June 2, 2015.

6.

Section 456.072 1) x), Florida Statutes 2015), subjects

registered nurses to discipline, including restriction, for failing to report to

the Board of Nursing in writing within 30 days after the registered nurse has

been convicted or found guilty of, or entered a plea of nolo contendere to,

regardless of adjudication, a crime in any jurisdiction.

7.

Mr. Rome violated Section 456.072(1)(x), Florida Statutes

(2015), by failing to report his pleas of nolo contendere to Driver in

Possession of an Open Container and Possession of Drug Paraphernalia[,]

to the Board of Nursing in writing, within 30 days of entering the pleas.

8. Section 120.60(6), Florida Statutes (2015), authorizes the State

Surgeon General to summarily restrict a registered nurse's license upon a

finding that the registered nurse presents an immediate, serious danger to

the public health, safety, or welfare.

9. Mr. Rome's continued unrestricted practice as a registered nurse

constitutes an immediate, serious danger to the health, safety, or welfare of

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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. The license of William Clayton Rome, R.N., to practice as a

registered nurse, license number RN 3192782, is immediately restricted to

prohibit Mr. Rome from practicing as a registered nurse until IPN, or an IPN-

approved evaluator, notifies the Department that Mr. Rome is safe to resume

practice as a registered nurse.

2. A proceeding seeking formal discipline of the license of William

Clayton Rome, R.N., to practice as a registered nurse in the State of Florida

will be promptly instituted and acted upon in compliance with Sections

120.569 and 120.60(6), Florida Statutes (2015).

[Signature appears on the following page ]

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NOTICE OF RIGHT TO JUDICIAL REVIEW

Pursuant to Sections 120.60(6), and 120.68, Florida Statutes (2015),

this Order is judicially reviewable. Review proceedings are governed by the

Florida Rules of Appellate Procedure. Proceedings are commenced by filing

a Petition for Review, in accordance with Florida Rule of Appellate Procedure

9.100, with the District Court of Appeal, accompanied by a filing fee

prescribed by law, and a copy of the Petition with the Agency Clerk of the

Department within 30 days of the date this Order is filed.

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State action against Rome

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