Division of Administrative Hearings, Florida
Filed: Jul. 09, 2009
The question presented is whether Respondent violated Section 456.072(1)(bb), Florida Statutes (2006), or Section 458.331(1)(nn), Florida Statutes (2006), by means of violating Florida Administrative Code Rule 64B8-9.007(2)(b), and if so, what penalty should be imposed?The Department proved by clear and convincing evidence that Respondent failed to adhere to the pause rule and operated on the wrong patient. Mitigating factors were present.