STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2005-57679 Karin Kearns, L.M. RESPONDENT. | ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Department of Health against the Respondent, Karin Kearns, L.M., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of midwifery pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 467, Florida Statutes.. 2, At all times material to this Complaint, Respondent was a licensed midwife (L.M.”) within the State of Florida, having been issued license number MW 19. 90 ‘d OP sFL 4008 O06 4EW OP: FT 400¢ 02 eh 3. Respondent's address of record is 3716 W. Swann Avenue Tampa, Florida 33609. 4, On or about October 18, 2003, Respondent began providing prenatal care and/or midwifery services to Patient C.O., a then twenty-two year old woman. 5. Onor about December 20, 2003, Respondent examined Patient C.0. during an office visit. At the time, Patient C.O. was approximately thirty-three (33) weeks pregnant. Patient C.Q.s blood pressure during this visit was noted as 120/70. 6. Respondent next saw Patient C.0. on or about January 3, 2004. Patient C.O. was approximately thirty-five (35) weeks pregnant at the time. Her blood pressure during this visit had risen to 140/80. 7, Qn or about January 6, 2004, Respondent saw Patient C.O. during a home visit. Patient C.O. was approximately thirty-six (36) weeks pregnant at the time. Her blood pressure was noted as 140/80. 8. On or about January 17, 2004, Respondent examined Patient C.O. during an office visit. At this time, Patient C.0. was approximately thirty-seven (37) weeks pregnant, Patient C,0.s blood pressure during this visit was noted as 140/108, however Respondent noted that the blood é0'd Op ph é00@ d@ 4eW OP: FT 400¢ 02 eh pressure dropped to 130/100 after a half-hour nap. Respondent also noted that Patient C.0. had swollen ankles. 9. Pregnancy-induced hypertension (PIH) is present when the systolic biood pressure (top number) is greater than one hundred forty (140) and the diastolic biood pressure (bottom number) is greater than ninety (90). Another common symptom of PTH is swelling, particularly in the ankles. 40, PIH can be a precursor to pre-eclampsia and/or eclampsia, 4 serious condition marked by elevated blood pressure, swelling, protein in the urine, and gelzures that can be potentially fatal for both mother and child. 11, After noting symptoms in Patient ¢.0. consistent with PIH on or about January 17, 2004, as described above, Respondent did not consult with or refer or transfer Patient C.O/s care to a licensed physician with hospital obstetrical privileges. 12, Eleven days elapsed between Patient C.0/'s January 6, 2004 and January 17, 2004 examinations, which occurred during or after Patient C.0/s thirty-sixth (36) and thirty-seventh (37) weeks of pregnancy. aod Leipl £002 02 4eW Teil 2002 OZ eb 13. At approximately 1:30 am. on or about January 19, 2004, Patient C.O’s husband called Respondent to report that Patient C.O, was experiencing “bloody show” and a few mild contractions. 14. At approximately 2:21 a.m, on oF about January 19, 2004, Patient C.0.’s husband called Respondent to report that Patient C.O. was “unrousable,” apparently due to a seizure, Respondent instructed Patient C.0.'s husband to immediately call 911. 15, EMS arrived. at Patient C.0’s house at approximately 2:37 am. on or about January 19, 2004. She was transferred by EMS to Springhill Regional Hospital in Springhill, Florida (Springhill Regional”). 16, At approximately 5:45 a.m. on or about January 19, 2004, Patient C.Q. gave birth to a baby boy by emergency cesarean section. Immediately prior to the emergency cesarean section, Patient C.0. experienced a second, grand mal seizure. The attending physician at Springhill Regional diagnosed Patient c.0. with eclampsia. 17. Between the time Respondent instructed Patient C.0.'s husband to call 911, at or about 2:21 a.m. on or about January 19, 2004, and approximately “mid afternoon” on January 19, 2004, Respondent did not consult or speak with a healthcare professional at Regional Hospital 60 "d Lpeph 4002 02 42W Tr: fl 400¢ G& Je concerning Patient C.O’s care or history, nor did Respondent fax or otherwise deliver Patient C.Q’s patient records to Springhill Regional Hospital. 48. Patient C.O’s child was born in a severely depressed state, with APGAR scores of zero (0), zero (0), and three (3) at one (1), five (5) and ten (10) minutes, respectively ~- essentially brain dead. 19, After spending a month on 4 ventilator and making no progress, Patient C.O.’s child was removed from life support on or about February 19, 2004. The child’s cause of death was listed as hypoxic- ischemic encephalopathy (acute brain injury due to asphyxiation). Count! ) 20. Petitioner reincorporates and re-alleges paragraphs one (1) through nineteen (19) as if fully set forth herein. 21. Section 467.203(1)(j), Florida Statutes (2003), provides that “Violating any provision of this chapter or chapter 456, or any rules _adopted pursuant thereto’_constitutes grounds for disciplinary-action by the "Department of Health. Ol ‘d Lptpl 4002 02 48W Tr: fl 400¢ G& Je 22. Rule 64324-7.007(1)(e), Florida Administrative Code, provides that a licensed midwife shall require prenatal visits “weekly from thirty-six weeks until delivery.” 23. Respondent violated Rule 64B24-7,007(1)(e), Florida Administrative Code, in that eleven (11) days elapsed between Patient C.0/s January 6, 2004 and January 17, 2004 examinations, which occurred during or after Patient C.O’s thirty-sixth (36) and thirty-seventh (37) weeks of pregnancy. , 24. Based on the foregoing, Respondent has violated Section 467.203(1)(j), Florida Statutes (2003). Count IT 25. Section 467.203(1)(j), Florida Statutes (2003), provides that “Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto” constitutes grounds for disciplinary action by the Department of Health. cota eee OL. Rule _64B24-7,007(6)(c),-Florida_Administrative_Code, provides, during the pregnancy: (c) Pre-eclampsia.” Rule 64B24-7007(5)(i), Florida Administrative Code, provides, “The midwife shall refer a patient for Lh 'd Lptpl 4002 02 48W Tr: fl 400¢ G& Je consultation to a physician with hospital obstetrical privileges if any of the following conditions occur during the pregnancy: (i) Any other severe obstetrical, medical or surgical problem.” 27, Respondent violated Rules 64B24-7.007(6)(c) and 64B24- 7007(5)(i), Florida Administrative Code, by not - consulting. with or transferring or referring Patient C.O.5 care to a licensed physician with obstetrical hospital privileges after noting symptoms of pregnancy-induced hypertension and/or pre-eclampsia ‘on. or about January 17, 2004, or earlier, 28. Based on the foregoing, Respondent has ‘violated Section 467.203(1)(}), Florida Statutes (2003). Count III 29, Section 467.203(1)(f), Florida Statutes (2003), provides that “Engaging in unprofessional conduct, which includes but is not limited to, any departure from, or the failure to conform to, the standards of practice of midwifery as established by the department” is grounds for discipline by the Department of Health. él‘d ep ph £008 d@ 4eW Tr: fl 400¢ G& Je 30. Respondent engaged in unprofessional conduct by departing from or failing to conform to the standards of practice of midwifery in one or more of the following ways: (a) By not consulting with or transferring or referring Patient CO's care to a licensed physician with obstetrical hospital privileges after noting symptoms of pregnancy-induced hypertension and/or pre-eclampsia on or about January 14, 2004, or earlier. (b) By not timely communicating with, consulting with, or delivering medical records to the facility where Patient C.O.'s care had been transferred upon initiation of her emergency care plan, on or about January 19, 2004. 31. Based on the foregoing, Respondent has violated Section 467.203(1)(f), Florida Statutes (2003). WHEREFORE, the Petitioner respectfully requests that the Department enter .an—order _.imposing--.one or. more _of the following ~~ penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, el ‘d ep ph £008 d@ 4eW erirT 2400¢ 02 eh refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. ak SIGNED this |S" day of _Qzsto lan” , 2006. M. Rony Frangois, M.D., M.S.P.H., Ph. Secretary, Pepartment of Health eae Oe DEPUTY CLERK Don Freeman Assistant General Counsel DOH-Prasecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 © Florida Bar # 736171 (850) 245-4640 (850) 245-4681 fax nt eehh GLETUS DATE__' Reviewed and approved by: (initials) (date) PCP: October 15, 2006 PCP Member: Diane Orcutt ee oe eee -NOTICE-OF-RIGHTS— -—---- Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified represeniative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. tl od opel é00¢ O06 4EW erirT 2400¢ 02 eh NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. ald zeirl ¢o02 oz 4eW Zpitl 200Z 0Z seh

Docket for Case No: 07-001297PL