a oe - STATE OF FLORIDA Fy LEE . DEPARTMENT OF HEALTH 00 Jay 29 py p . 710 DIVISiOR pe DEPARTMENT OF HEALTH, ; ADMINISTRATIVE : . HEARINGS PETITIONER, vs. CASE NUMBER: 97-16171 b ( LOUISE HAYES Do “4 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 LOUISE HAYES, 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)(8), 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 i is, and has been at all times material hereto, a licensed PRACTICAL Nurse in the state of Florida, having been issued license number PN 0656381. Respondent’s last known address is 914 Dennard st., Bainbridge, Georgia, 31717-2604. 3. At all times material hereto, Respondent was employed by Florida State Hospital in Chattahoochee, Florida. et: 4. . Onor about August 18, 1997, Nurse D.M. reported that Respondent changed the times medications were to be administered in contravention of physician’s orders by removing medications from their labeled packages. 5. On or about August 18, 1997, Nurse D.M. also stated that Respondent crushed medications and mixed them together with other medications, which is in direct contravention of hospital unit dose policy. 6. On or about August 18, 1997, Nurse D.E. refused to dispense medications prepared by Respondent because medication was not prepared in accordance with hospital unit dose policy. . . . | 7. Accordingly, Respondent’s actions listed above endangered patients’ health by failing to conform to the minimal standards of acceptable and prevailing nursing practice by not following hospital unit dose policy. 8 Further, Respondent endangered patients’ by practicing ‘beyond the scope of Respondent’s license. Count I 1. Petitioner realleges and incorporate by reference the foregoing allegations of fact contained i in the foregoing paragraphs 2 as if fully stated herein. 2. Based on the foregoing, Respondent i is subject to discipline pursuant to Section 464.018(1)(h), Florida | Statutes, ‘unprofessional conduct as defined by Rule 64B9-8.005(1)(e)2., Florida Administrative Code, PY: administering medications or treatments ina a negligent manner. — . ~ Count II oe . 1 Petitioner realleges and incorporates by reference the foregoing allegations of fact contained in the foregoing paragraphs as if fully stated herein. 2. . 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)15 “ Fiorida Administrative Code, by acts of negligence, gross negligence, either by omission or commission. Count III 1. . Petitioner realleges and incorporates by reference the foregoing allegations of fact contained in the foregoing paragraphs as if fully stated herein. 2. 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 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 AG- day of YVR. , 1999. Dr. Robert G. Brooks, M.D. ‘Secretary, Department of Health | DEPARTMENT OF HEALTH Naney M. Snurkowski EPUTY CLERK Chief Attorney ~ cxennsftiphonur9, Dum wre OT Roe 5) Ws Na Agency for Health Care Administration Chris Steinhaus, Attorney Florida Bar Number - 0147966 Agency for Health Care Administration Allied Health P.O. Box 14229 Tallahassee, FL 32317-4229 (850) 414-8576 CIS/kwh pop: das Golot COUNSEL FOR PETITIONER: Gi DATE: dion

Docket for Case No: 00-000308