On et @ . Oo, STATE OF FLORIDA CEE, & DEPARTMENT OF HEALTH Bat, Q IN DEPARTMENT OF HEALTH a Petitioner, vs. Case No. 00-09368 EDDIAN C. SOARES NUSBAUM, L.P.N. O1~OUS3 PL Respondent. ee | ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, DEPARTMENT OF HEALTH, by and through its undersigned counsel and files this administrative complaint before the Board of Nursing against the Respondent, EDDIAN C. SOARES NUSBAUM, L.P.N., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Chapters 20, 456, and 464, 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 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. ) 3, Respondent is and has been at all times material hereto, a licensed PRACTICAL NURSE in the State of Florida, having been issued license number 1036391. 4. Respondent's last known address is 3050 SE 53% Court, Apt. #A, ’ Ocala, Florida 34471. . 5. On or about April 23, 2000, to May 14, 2000, while employed by Res-Care Corporation, a corporation which operates Ocala Cluster, an intermediate care facility for developmentally disabled individuals, Respondent practiced below the minimal acceptable standards of prevailing nursing practice, by inaccurately recording, altering or falsifying patient records, to wit: On or about June 15, 2000, Respondent documented administering medication to a patient in the medical administration record [MAR], when in fact, this medication was not given to the patient, and was still in the “blister-pack” container. An audit of patient records was conducted on May 15, 2000, which revealed that Respondent, between April 23, 2000 and May 14, 2000, failed to accurately, and consistently chart “range of motion” [ROM] treatments which were required to be done and charted on a daily basis per _ physician’s orders. A second audit of those identical patient records was conducted June 16, 2000, which revealed that Respondent had documented the ROM for the time period April 23, 2000 to May 15, 2000. COUNT! 6. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 7. Based on the foregoing, Respondent is subject to discipline . pursuant to section 464.018(1)(h), Florida Statutes, by unprofessional conduct by failing to conform to the minimal acceptable standards of prevailing nursing practice. COUNT Il 8. Petitioner realleges and incorporates by reference the allegations fact contained in the foregoing paragraphs as if fully stated herein. 9. Based on the foregoing, Respondent is subject to discipline pursuant to section 464.018(1)(f), Florida Statutes, by making or filing a false report or record, which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the nurse's capacity as a licensed nurse. ) WHEREFORE, Petitioner respectfully request that the Board of Nursing enter an Order imposing one or more of the following penalties: Revocation or suspension of Respondent's license, imposition of an administrative fine, 7 a | c C issuance of a reprimand, placement of the Respondent on probation, costs, . and/or any other relief that the Board deems appropriate. Signed this heey of A eam boz/ , 2002). Robert G. Brooks, M.D. Secretary, Department of Health On Behalf of the Agency for Health Care Administration ‘Ss SEL FOR THE PETITIONER: FILED : if /4/ Michael E. Duclos, Senior Attorney . DEPARTMENT OF HEALTE LU FBN: 0274046 DEPUTY CLERK | Agency for Health Care Administration CLERK Yeh ko Ene | Allied Health Section ; Post Office Box 14229 oate__// / 2//00 an Tallahassee, Florida 32317-4229 | (850) 410 - 0622 : MED/med PCP: (C+ 44DOM: Ufis/ 2

Docket for Case No: 01-000658PL