a a “a e . pore te in . Division of Administrative Hearings STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, _ | O vs ee CASE NUMBER: 99-02973 DARLENE JANE HODDER | RESPONDENT. _ 7 . 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 DARLENE JANE HODDER, hereinafter referred to as “Respondent, ” ‘and alleges: 1. Eiective huly 1, 199 ; Petitioner i is the state agency charged with regulating the practice of: nursing pursuant to Section 20. 43, Flotida Statutes; Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. Pursuant to to the authority of Section 20.43 BO, F lotida Statutes, _ the Petitioner has contracted with the Agency of Health Care Administration to provide consumer complaint, investigative, and parce services 5 required by the Division of Respondent is, and has been at all times material hereto, a licensed Registered Nurse i in the state of Florida, having been issued license number RN 3 121802. eg ~ Respondent? s ‘last known address i: is 324 Wild Forrest Dr, Davenport, FL 33837. 4. Atallt times material hereto, Respondent: was ; employed by Osceola Regional — Medical Center. a - Ww 5. While employed by West Boca Medical Center, Respondent participated in a surgical procedure performed on Patient L.B. 6. During the procedure, Respondent was responsible for keeping track of the sponges “used during the procedure, 7. At the end of each procedure, a count is required to ensure that all the sponges are accounted for. 8. Respondent did not document conducting a sponge count at the conclusion of the first procedure. 9. A subsequent procedure was required to remove a retained sponge. 10. 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 orie or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deéms appropriate. oe SIGNED this Leth of , 2000. Dr. Robert G. Brooks, M.D., ~.) Secretary - Department of Health ~ DEPARTMENT OF HEALTH ~