STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF CLINICAL LABORATORY PERSONNEL, Petitioner, vs. CASE NO. 1999-58561 O1-CBQD PL MARIA M. FENEMA, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, Board of Clinical Laboratory Personnel, and files this Administrative Complaint before the Board of Clinical Laboratory Personnel, against the Respondent, MARIA M. FENEMA, and in support thereof would state: 1. Petitioner is the state agency charged with regulating Clinical Laboratory Personnel, pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 483, 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 board, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent has been at all times pertinent, a duly licensed Clinical Laboratory Technologist, pursuant to Chapter 483, Florida Statutes, having been issued license number JC 20230. Respondent's last known address is 3664 Southwest 147th Court, Miami, Florida 33185-3908. 4. During an inspection of Larkin Community Hospital in July 1999, agents of the Petitioner found that Respondent has been working outside the scope of her technologist’s license from approximately June 19, 1997 to the present. 5. Respondent is licensed as a laboratory technologist, but has assumed the duties and responsibilities of a laboratory supervisor, including but not limited to: supervising laboratory technologists, the laboratory section head, and the laboratory supervisor; planning, staffing, and directing the activities of the laboratory; doing the performance review of individuals responsible for testing; determining staffing requirements; setting the staff schedules; preparing and updating policy and procedure manuals; designing and implementing the laboratory’s quality assurance program. 6. Additionally, on Respondent’s application for employment at Larkin Community Hospital, she disclosed that she had worked as “QA/QC Supervisor” for the Center for Lab Medicine, Miami Florida from February 1995 until June 19, 1997, “QA/QC Supervisor” for Horizon Medical Lab from May 1993 until August 1994, and “Chemistry Supervisor” for Victoria Hospital from August 1992 until May 1993. 7. By this conduct, Respondent’s license is‘subject to discipline pursuant to Section 455.227(1)(o), Florida Statutes, for practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. WHEREFORE, Petitioner respectfully requests the Board of Clinical Laboratory Personnel to enter an Order imposing one or more of the penalties prescribed by law, together with any other and further relief deemed just under the circumstances. SIGNED this SHuay of ( Yedda - 2000. Robert G. Brooks, M.D. Secretary, Department of Health By: Nancy M. Snurkowski Chief Attomey On Behalf of the Agency for Health Care Administration . i Dros R. Herman cco ED. enior Attorney DFPUTY CLERK Florida Bar No. 0113956 cuerK Yahi R. Lenon Agency for Health Care Administration DATE __lofesfeo General Counsel's Office - MQA Allied Health P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-9670 Pre. ANF joo Tas + Dorwhue COUNSEL FOR AGENCY:

Docket for Case No: 01-000323PL