\/ \/ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: 98-09752 SHARON HAZELYN CLEMENTS 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 SHARON HAZELYN CLEMENTS, 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 (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. Pursuant to the authority of Section 20.43 (3), 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 1018501. Respondent’s last known address is 2009 Chicotah Way, Orlando, Florida 32818. 3. At all times material hereto, Respondent was employed by the Orange County Jail. \a/ \u/ 4. On or about March 16, 1998, patient SB, an inmate at OCJ, died after vomiting and defecating uncontrollably for approximately twelve (12) days. 5. An autopsy of SB revealed that SB died of heart attack brought on by malnutrition and electrolyte imbalance - the result of untreated vomiting and diarrhea. 6. On or about March 11, 12, 13, 14, and 16, 1998, Respondent observed SB during medical rounds. 7. On or about March 12, 1998, Respondent failed to document SB's condition in her medical chart. SB was evaluated later on that day, and diagnosed with irritability, limited judgment and poor personal hygiene. 8. On or about March 13, 1998, Respondent failed to document SB's meal monitoring in her medical chart. 9. On or about March 16, 1998, at approximately 8:30 a.m., Respondent documented that SB was lying in her bunk, covered with feces. 10. On or about March 16, 1998, at approximately 12:45 p.m., Respondent was summoned to assist SB who was making unusual sounds, such as grasping for air. 11. On or between March 11, 1998, and March 16, 1998, Respondent failed to recognize the severity of SB's deteriorating condition and failed to notify her supervisor of SB's deteriorating condition. Count I 12, Petitioner realleges and incorporates by reference the foregoing allegations of fact contained in the foregoing paragraphs as if fully stated herein. \ed / 13. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.018(1)(h), Florida Statutes, unprofessional conduct as defined by Rule 64B9-8.005(1)(e)1., Florida Administrative Code, by inaccurate recording, falsifying or altering of patient records or nursing progress records, employment records or time records. Count II 14, Petitioner realleges and incorporates by reference the foregoing allegations of fact contained in the foregoing paragraphs as if fully stated herein. 15. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.018(1)(h), Florida Statutes, unprofessional conduct as defined by Rule 64B9-8.005(1)(e)12., Florida Administrative Code, by acts of negligence, gross negligence, either by omission or commission. 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 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 deems appropriate. SIGNED this OP aay of hy Y ch 19% Robert G. Brooks, M.D. Secretary, Department of Health eet FILED DEPARTMENT OF HEALTH EPUTY CLERK Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration

Docket for Case No: 00-003633PL