STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, ; vs. : Case No. 98-21252 REGINA DRIESBACH, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Nursing Home Administrators against REGINA DRIESBACH.,, hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing home administration pursuant to Section 20.43, Florida Statutes; Chapter 455, F lorida Statutes; and Chapter 468, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the “Agency,” 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. 10. ll. 12. re | - ‘ “A Respondent is and has been at all times material hereto, a licensed NURSING HOME ADMINISTRATOR licensed in the State of Florida, having been issued license number NH 0003693. Respondent’s last known address is 15880 Chatfield Drive, Fort Myers, F1 33908. . Atall times material hereto, Respondent was the Nursing Home Administrator of . Moorings Park Nursing Home (hereinafter Moorings Park). From on or between September 8, 1998 through September 10, 1998, the Agency for Health Care Administration conducted an annual recertification and relicensure survey (hereinafter the survey) at Moorings Park. The survey found numerous violations. Moorings Park was subsequently notified by AHCA that Moorings Park was deemed to be a provider of substandard quality of care. The survey cited Moorings Park for failure to provide appropriate care for the prevention and treatment of pressure sores. Through review of facility records and observations of residents, the AHCA surveyors determined that residents admitted without pressure sores had developed pressure sores since admission. Through review of facility records and observations of residents, AHCA surveyors determined that residents were not receiving the appropriate care to promote the healing of pressure sores. Moorings Park was required to ensure that residents who entered the facility without pressures sores did not develop them unless, based on the individual’s clinical condition, the development of pressure sores was unavoidable. Respondent was responsible for implementing appropriate procedures and training of — staff sufficient to ensure that that residents were provided with the appropriate care to prevent and treat pressure sores. wt Beds oee 13. 14. 15. 16. 17. 18. A — . A The survey revealed that the nutritional needs of residents were not met. The survey revealed the following: (a) residents with specific therapeutic diets were not receiving the appropriate types or amounts of food; (b) the nutritional needs of residents were not adequately assessed, and; (c) nutritional interventions were not implemented to prevent avoidable and undesirable weight loss. : Respondent was responsible for implementing appropriate procedures and training of staff to monitor the weight loss of residents and ensure that their nutritional needs were met. COUNT I Petitioner realleges and incorporates by reference the allegations in the foregoing paragraphs as if fully stated herein. Based on the foregoing, the Respondent’s license to practice nursing home administration in the State of Florida is subject to discipline pursuant to Section 468.1755(1)(g), Florida Statutes, for negligence, incompetence, or misconduct in the practice of nursing home administration. COUNT IT Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through fourteen (14) as if fully stated herein. Based on the foregoing, the Respondent’s license to practice nursing home administration is subject to discipline pursuant to Section 468.1755(1)(k), Florida Statutes, for repeatedly acting in a manner inconsistent with the health, safety, or welfare of the patients of the facility in which he or she is the administrator. WHEREFORE, Petitioner respectfully requests the Board of Nursing Home Administrators 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 day of 1999, Robert G. Brooks, M.D. Secretary, Department of alth y: Nancy M. Snurkot Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Christine T. Messana C - rr. Attorney FL Bar # 015318 Agency for Health Care Administration General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 410-3470 | CTMictam FILED DEPARTMENT OF HEALTH PCP: : EPUTY GLERK i DATE: CLERK Pepe acae 0. Que

Docket for Case No: 00-000451