STATE OF FLORIDA e ED - DEPARTMENT OF HEALTH 00 JAN 18 PH 12: 08 wedat Vasit ur DEPARTMENT OF HEALTH, “OMe IM! isi Rhy sive HEA ARINGS Petitioner, ‘ vs. CASE NO:: 96-02677 RUTH DAILY GRAINGER, Ab O a pe Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Nursing against RUTH DAILEY GRAINGER, 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. 2. Pursuant to the authority of Section 20.43(3)(f), Florida Statutes (Supp. 1996), the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, a advanced nurse practitioner having been issued license number RN 18713-2 yt UU Y 40 7 Respondent’s last known address is 156 Biscayne Blvd., Islamorada, Florida 33036. 5. From on or about 1986 to 1994 Respondent provided treatment for patient Tw. Respondent is a ARNP Mental Health Nurse Therapist. 6. In approximately 1993, patient T.W. was trained by Respondent in eye movement Desensitization and Reprocessing (EMDR) as part of T.W.’s therapy. Patient T.W. was then requested to assist the Respondent in reseach on EMDR. 7. Subsequently, on or about late 1993 through early 1994, Respondent again saw T.W. as a patient. 8. From on or about June 1994 until June 1995, Respondent and patient T.W. entered into a business arrangement regarding EMDR. Specifcally, Respondent had patient T.W. take a course in EMDR and had T.W. participate in the EMDR project. 9. This involved using patient’s T.W.’s office for Respondent's telephone messages and mail and a “fee splitting” arrangement between Respondent and patient T.W. 10, At the time the Respondent entered into a business arrangement with patient T.W., patient T.W. was an active patient of Respondent’s. 11. Patient T.W. believed at that time that she was still an active patient of the Respondent’s. 12. Based on the foregoing, the Respondent misused the therapeutic process when she entered into the business arrangement and therefore misused the therapeutic relationship with patient T.W. COUNT I 13. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein, a 14. _ Based on the foregoing, the Respondent's license to practice nursing in the State of Florid is subject to discipline pursuant to Section 464.018(1)(h), Florida Statutes, by unprofessional conduct, including, but not limited .to, any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing Practice, specifically, Rule 64B9-8.005(1)(e)14, Florida Administrative Code, by . exercising influence on a patient in such a manner as to exploit the patient for financial gain of the licensee or a third party. COUNT I 15. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 16. Based on the foregoing, the Respondent’s license to practice nursing in the State of Florid is subject to discipline pursuant to Section 464.018(1)(h), Florida Statutes, by unprofessional conduct, including, but not limited to, any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice. WHEREFORE, Petitioner respectfully requests the Board of Nursing enter an Order imposing one or more of the following penalties: suspension of license, imposition of an administrative fine not to exceed $1,000 for each offense, issuance of a reprimand, yan Ca S) placement of the Respondent on probation, and/or any other relief that the Board deems L- appropriate. SIGNED this/y1_ day of 3] ‘La ,1998, Douglas M. Cook Director y: Nancy M. Snurkdwski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Reginald D. Dixon Staff Attorney Fl L E D Florida Bar No, 0112925 oe ne Ye HEALTH Agency for Health Care Administration TY CLERK ; General Counsel’s Office - MQA CLERK Gan Allied Health DATE 777/96 P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9697 RDD/SB/mt 03/03/98 pep: PB /ad — 00M: of's/9 cae

Docket for Case No: 00-000288