STATE OF FLORIDA 90 Aup DEPARTMENT OF HEALTH SP ke Vy) S, DEPARTMENT OF HEALTH 40; “thysied OF PETITIONER, Vs. CASENUMBER: PN 98-#454 AIMS 4 ANTHONY JAMES RADIL, RESPONDENT. Oo~ 3/ 5G : 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 ANTHONY JAMES RADIL , hereinafter referred to as "Respondent", and alleges: 1. Petitioner is the state agency charged with regulating the practice of Nursing pursuant to Section 20.43, Florida Statutes, Chapter 455, Florida Statutes, and Chapter 464, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer compliant, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times material hereto, a licensed practical nurse in the State of Florida, having been issued license number PN 1226371. Respondent's last known address is’ 1011 Webster Avenue, Port Charlotte, FL 33948. 3. At all times material to the facts alleged in this complaint, Charlotte Correctional Institution employed Respondent as a nurse in the crisis stabilization unit (“CSU”) of the institution. U Ww 4. On about August 22, 1997, Respondent reported to the CSU at approximately 8:00 a.m. At that time he received a report that patient J.E. was in the CSU ina four (4) point restraint. On that shift, Respondent was responsible for the care of patient J.E. 5. Minimal standards of nursing practice require that a nurse responsible for a patient who has been placed in a four point restraint has the following responsibilities: to observe the patient’s behavior, respiration, and circulatory status, and record such every 15 minutes; to check the restraints for rubbing and excessive looseness or tightness every 60 minutes; to take vital signs of the patient every 60 minutes; and to cause the restraints to be removed when the patient shows no signs of agitation for 30 continuous minutes. 6. Respondent failed to conform to the minimal standards of nursing practice by failing to observe the patient’s behavior, respiration, and circulatory status in an acceptable manner; by failing to check the restraints for rubbing and excessive looseness or tightness every 60 minutes; by failing to take the vital signs of the patient every 60 minutes; and by failing to cause the restraints to be removed from patient JE. after he showed no sign of agitation for more than 30 continuous minutes. 7. Respondent’s conduct constitutes unprofessional conduct, which includes, but is not limited to, any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice, in violation of section 464.018(1)(h) of the Florida Statutes, and administrative rules promulgated thereunder. WHEREFORE, Petitioner respectfully requests the Board of Nursing to enter an order” imposing one or more of the following penalties: revocation or suspension of the Respondent's license, _Testriction of the Respondent's practice, imposition of an administrative fine, issuance of a reprimand, G ares placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this) Cp say of _{ f A wh a , 1999. Robert G. Brooks, M.D. Secretary Department of Health BY: Nancy M. Snurkowski Chief Attorney on behalf of Agency for Health Care Administration COUNSEL FOR PETITIONER: Samantha d. Boge Contract Counsel Agency for Health Care Administration 2727 Mahan Drive Palmer Building Tallahassee, Florida 32308 904) 487-9694 _ ™ FILED DEPARTMENT OF HEALTH PCP: LB/LIM . EPUTY CLERK CLERK pliohoue(, ier parese|2st] 44 DATE (3-49 : |

Docket for Case No: 00-003153PL