STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: RN 2000-00133 BERNICE ROBBINS , ON BOAAeE 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 BERNICE ROBBINS, 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; Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(f), 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 is, and has been at all times material hereto, a licensed REGISTERED Nurse in the State of Florida, having been issued license number 331392. Respondent’s last known address is 3613 Andrew Jackson Drive, Pace, FL 32571. 3. At all times material hereto, Respondent was employed by Baptist Hospital Outpatient Clinic, Pace, Florida. COUNTI 4. Baptist Hospital Outpatient Clinic in Pace, Florida employs a Physician part-time as well as three Registered Nurses. 5. When the Physician is not in the Clinic, the Registered Nurses see the patients. 6. The Registered Nurses are required to diagnosis certain illnesses and call ina ° prescription according to a pre-established protocol or standing order. 7. The actions of the Registered Nurses is practice beyond the scope of their Registered Nurses licenses. 8. Respondent, as Administrative Director of the Baptist Hospital Outpatient Clinic, . Supervises and employed the Registered Nurses to perform the actions beyond the scope of their practice. . 9. Respondent knew or should have known that her actions in employing Registered Nurses to diagnosis illnesses and to call in prescription according to standing orders or a pre- determined protocol was practicing beyond the scope of the nurses’ licenses. 10.- Based on the forgoing, Respondent is subject to discipline pursuant to Section 455.624(p), Florida Statutes, delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, ‘such persons are not qualified by training, experience and authorization when required to perform them. 11. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 12. None of the Registered Nurses employed by Baptist Hospital Outpatient Clinic were Advanced Registered Nurse Practitioners. 13. Based on the foregoing, Respondent is subject to discipline purstant to Seetieg UG ov 455.624(j), Florida Statutes, aiding, assisting, procuring, employing, or eds iggnsed / person or entity to practice a profession contrary to this part, the chapter aie that, profession, or the rules of the Department or the Board. 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 Tot day of (XC La. , 2000. | Dr. Robert G. Brooks, M.D., DEPARTMENT OF A Secretary - Department of Heal DEPUTY CLERK LERK Leb R Yop DATE, 4 —¢/— Lease Narfcy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: R. Lynn Lovejoy, Senior Attorney Florida Bar Number - 0455090 Agency for Health Care Administration Allied Health 2727 Mahan Drive Tallahassee, FL 32317-4229 (850) 410-0619 Qi RLL/lad PCP: Cov ah DATE: 1/47/s00d

Docket for Case No: 00-005099PL