i ‘w) rF ww) f “f my GCE JED AEE __. STATE OF FLORIDA ~ “DEPARTMENT OF HEALTH ooh (pI of 3 36 35 ig! fp 2 me ez DEPARTMENT OF HEALTH, Sian, Petitioner, OO-154 | VS. Case No. 99-00264 SHEILA JOY WIGGINS, N.H.A., 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 Sheila Joy Wiggins, N.H.A., 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, Florida 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. Ww? rw) 3. Respondent has been at all times pertinent hereto, a duly licensed nursing home administrator pursuant to Chapter 468, Florida Statutes, having been issued license number NE0002949. 4. Respondent’s last known address is 213 Cypress Point Drive, Palm Beach — Gardens, Florida 33418. 5. At all relevant times, Respondent was the Nursing Home Administrator for the facility known as The Forum at Deer Creek (hereinafter referred to as Deer Creek), having been employed there from approximately April to December 11", 1998. 6 On or between December 8" and December 10", 1998 an annual survey inspection of Deer Creek was conducted by the Agency. 7. The survey revealed that the Respondent did not protect the right of Residents to make independent personal decisions. 8. Resident #2 was not allowed the right to exercise an independent medical decision and treatment of cancerous skin lesions was discontinued without consent. 9. The survey revealed that the Respondent did not protect Residents from verbal, physical and mental abuse. . . a. Resident #5 was shoved into a wheelchair and pushed on to a commode; has since fallen trying to transfer without assistance. _ b. ; Resident #11 was violently shaken and called "a ditty pig." c. Resident #12, totally disabled, handled roughly and shouted at; was afraid to complain because of being at the mercy of staff. 10. The survey revealed that the Respondent failed to ensure that Residents _ received the proper care and services. 4 paresis one 1e(1) through eleven ad 1) as sif fully stated herein, a. Resident #5's physician ordered a stool specimen collected and sent to the lab to address Resident #5's diarrhea on December 1, 1998; as of December 9, 1998, the specimen had not been collected and Resident #5 still complained of diarrhea. b. Although Resident #2 went from 128 pounds in April 1998, to 100 pounds as of the survey date, no documentation existed of physician notification of the weight loss. 11. The Respondent did not monitor the operation of the facility, which resulted in the abuse and mistreatment of Residents at the facility. COUNTI 12. Petitioner realleges and incorporates by reference the allegations in the _ foregoing paragraphs as if fully stated herein. 13. 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)(m), Florida Statutes, for wilful or repeated violation of provisions of the law, code or rules of the licensing or supervising authority, specifically; violation of Section 400.022(1)(a), Florida Statutes, the right of residents to knowledge of available choices and the right to exercise independent personal decisions. | , COUNT u . a Be _ Petitioner tealleges and incorporates by reference the allegations in 14 in 3 the Respondent’ license ctice nursing home . administration i in the State of Florida i is subject to discipline pursvant to Section © Wo ) 468.1755(1)(g), Florida Statutes, for negligence, incompetence, or misconduct in the practice of nursing home administration. - COUNT III 15. Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through eleven (11) as if fully stated herein. 16. _ 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. “General Counsel’s Office- MQA os. EPUTY CLERK Allied Health : : P.O. Box 14229 cuennptipheau0. uw ~ (850) 487-2225 ee ae ef 99 Wo Y _ 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 Wlaay of Qevk , 1999. Robert G. Brooks, M.D. ‘Secretary, Department of Health By: Nancy M. Snurkowski Chief Attorney ; On Behalf of the Agency for Health Care Administration Christine T. Messana @ “RA. Attomey FL Bar # 015318 FILED” Agency for Health Care Administration _DEPARTMENT OF HEALTH Tallahassee, FL 32317 - 4229 DATE choke’ es CTM/ctm | 7 (ee ; oe Jute eee .

Docket for Case No: 00-001591