U U is STATE OF FLORIDA . DEPARTMENT OF HEALTH Anes: 4H My. A 1. bo ; Megs Ay DEPARTMENT OF HEALTH, We Fees PETITIONER, vs. : CASE NUMBER: 98-17666 MARIE NITTOLI-GARCIA 00-0, ie 517 RESPONDENT. | ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Nursing against MARIE NITTOLI-GARCIA, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged’ with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(f), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times material hereto, a licensed PRACTICAL Nurse in the state of Florida, having been issued license number PN 09112661. Respondent’s last known address is 8320 Sanden Dr., Wesley Chapel, FL 33544-2145. 3. At all times material hereto, Respondent was employed by Heartland of Zephyrhills (HZ). | I) YU 4. On or about June 12, 1998, Respondent documented withdrawing two doses of a controlled substance for a patient. Respondent did not document administering this medication until approximately two days later. 5. On or about May 29, 1998, a patient presented to HZ and was given physician’s orders for PT/INR. 6. Respondent was responsible for documenting this order; however, she failed to do so. 7, On or about June 9, 1998, it was discovered that the aforementioned physician’s order had not been carried out yet. 8. Respondent’s commission of the aforementioned documentation errors constitutes conduct that falls below the minimal standards of acceptable nursing practice. 9. Based on the foregoing, Respondent is subject to discipline pursuant to section 464.018(1)(h), Florida Statutes, by unprofessional conduct, which shall include, but not be limited to, any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice, in which case actual injury need not be established. WHEREFORE, Petitioner respectfully requests the Board of Nursing enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondents practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this \s} day of A ArhA , 1999. Dr. Robert G. Brooks, M.D., Secretary - Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETI ER: Chris Steinhaus, atoll Florida Bar Number 966 Agency for Health Care Administration Allied Health Fi LE D P.O. Box 14229 DEPARTMENT OF HEALTH Tallahassee, FL 32317-4229 EPUTY CLERK . 850) 414-8576 CLERK 0. Dew CIS/cjs . DATE pcp:LGILM DATE: 5[a3 {94

Docket for Case No: 00-000857