STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2011-05065 JAMES EDWARD DYER, L.P.N. RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, James Edward Dyer, L.P.N., and in support thereof alleges: 1. Patitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Compiaint, Respondent was a licansed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 5170866. Filed November 3, 2011 1:42 PM Division of Administrative Hearings 3. Respondent's address of record is 4015 Wallace Avenue, Tampa, Florida 33611. 4. At all times material, Respondent was employed as a L.P.N. by Edinborough Health Care (EHC) located in Dunedin, Florida. 5. At all times material, patient MB was a patient at EHC and was legally blind. 6. At all times material, patient MB's care pian required observation by EHC staff for unsafe actions. 7, Onor about March 3, 2011, Respondent left patient MB on the smoking patio without any other facility staff present for observation. 8. Section 464.018(1)(n), Florida Statutes (2010), provides failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience, constitutes grounds for discipline. 9. Onor about March 3, 2011, Respondent failed to meet. minimal standards of acceptable and prevailing nursing practice by leaving patient MB on the smoking patio without observation as required by patient MB's care pian. Department of Health v, James Edward Dyer, LPN 2 Case Number 2011-05065 JA\PSU\Nursing\Jonn J Truitt\AC's\LPNVames Dyer, LPN min stds.doc 10. Based on the foregoing, Respondent viciated Section 464.018(1)(n), Florida Statutes (2010), by failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licansee is not qualified by training or experience. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Department of Health v. James Edward Dyer, LPN 3 Case Number 2011-05065 JAPSU\Nursing\onn J Trultt\AC's\LPN\james Dyer, LPN min stds.doc . a SIGNED this_\\__ day of FILED HEALTH ARTMENT OF DEP DEPUTY CLERK cLerk Melisov Nobles paTe 08-19-2011 pcp: &/(% (aot! Argus , 2011. H. Frank Farmer, Jr., MD, PhD, FACP State Surgeon General es aa Johnd, Trui Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0084752 (850) 245 - 4640 Telephone (850) 245 - 4683 Facsimile PCP Members: henner? Ballo Department of Heaith v, James Edward Dyer, LPN Case Number 2011-05065 3APSU\Nursing\John J Truitt\AC's\LPN\James Dyer, LPN min stds.doc 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 representative, 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. 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. Department of Health v. James Edward Dyer, LPN 5 Case Number 2011-05065 JAAPSU\Nursing\John J Truitt\AC's\LPN\ames Dyer, LPN min stds.dac

Docket for Case No: 11-005700PL