Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: PENELOPE DIANE LANKHEIM
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Fort Lauderdale, Florida
Filed: Jan. 09, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 9, 2002.
Latest Update: Jan. 09, 2025
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT ‘HEALTH ~
Pe — oner,
vs. Case No. 2000-09343
PENELOPE DIA LANKHEIM,
Re — ndent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, ] tioner, DEPARTMENT OF HEALTH, by and through its undersigned
counsel “and files
Respondent, PENE
1, The
nursing pursuant to
Florida Statutes.
Z. Purs
has contracted with
investigative, and p
councils, or boards, ;
3. LAN
pursuant to Chapter -
4. . LAN
33064.
us administrative complaint before the Board of Nursing against the
)PE DIANE LANKHEIM, and in support thereof alleges:
partment of Health is the state agency charged with regulating the practice of
stion 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464,
t to the authority of Section 20.43(3)(g), Florida Statutes, the Department
2 Agency for Health Care Administration to provide consumer complaint,
ecutorial services required by the Division of Medical Quality Assurance,
ppropriate.
‘EIM has at all times pertinent herein been a duly licensed registered nurse
, Florida Statutes, having been issued license number RN 832042,
EIM’s last known address is 160 NE 25th Court, Pompano Beach, Florida
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KHEIM holds a license to practice medicine in the State of Massachusetts.
: about November 20, 1991, the State of Massachusetts Board of Registration
nafter referred to as "MBM") issued a Final Decision and Order in
amber 88-2-SU, indefinitely suspending LANKHEIM's license to practice
of Massachusetts.
(BM Final Decision and Order concluded:
* * *
scord is replete with the Respondent's troubled history of
tic and atypical behavior. Prior to the psychotic episode of
', 1987, there were numerous complaints from physicians,
documented the Respondent's troubles, and her lack of
into her difficulties, Nevertheless, throughout her time at
the Respondent denied she had any difficulties. Although
ling and other requested that the Respondent receive
ling or psychiatric help almost from the outset of her
3 program, the Respondent declared that she had no
ties, and that her problems at Camey were "ethical" or
al.”
ss that the Associate Prosecutor documented and otherwise
a long pattern of mental instability directly impairing the
dent's ability to practice medicine safely. As late as June
7, the Respondent told Dr. Becker that she was not going to
medicine because the stress was too great. The Board has
gation to protect the public from being at risk from a
n who has the troubled mental history of this Respondent,
s not only suffered almost complete mental collapse, but
ntinues to refuse to enter into necessary, long-term
1erapy. Moreover, the unacceptable risk in allowing the
‘ent to engage in the completely unsupervised practice of
>is evident. The Respondent's mental condition makes her
eptable risk to the public... . ;
* * *
Si lt ene
a
8. i
Graduate Progra
through the sprir
9. A
failure to succes:
which included c
10. Lé
Mery-Sinkhorn,
McLean, D.O., M
H. Me
LANKHEIM's cli:
Patient Relationsh
following:
he fall of 1997, LANKHEIM enrolled in Florida Atlantic University's
in Nursing (Nurse Practitioner Program). LANKHEIM's studies continued
f 1999, when she was dismissed from the program.
stor in LANKHEIM's dismissal from the FAU program was LANKHEIM's
ly complete a course, NGR 66L, a practice course required of all students,
cal practice and evaluation.
SHEIM's clinical practice for NGR 66L was "partially overseen by Patricia
Y., AR.N.P. (hereinafter referred to as "Mery-Sinkhorn") and Archie
i. (hereinafter referred to as "MeLean"),
Sinkhorn notified Lynn Fletcher, R.N., A.R.N.P., instructor at FAU, that
il skills were lacking in three areas, Time Management, Interpersonal and
and Resistance to Instruction and/or Correction. Mery-Sinkhorn noted the
LANKHEIM took 2 hours with each patient even though she was notified
that she only had 30 minutes with each patient. LANKHEIM had to be
told repeatedly that she only had 30 minutes with each patient.
LANKHEIM's examinations of patients delved into area that were either
previously addressed or were better addressed in other venues and by other
professionals.
Patients complaint about being exhausted after the visits by LANKHEIM
and staff complaints about being forced to "catch up" after the
LANKHEIM finished.
[here were multiple complaints "from patients and staff regarding
~ANKHEIM's interpersonal and patient relationships
-ANKHEIM was resistant to instruction and when corrected, was
lefensive and argumentative.
spe cree ete rape «
a oe ve
rh
12. M
" there were proble
14. At:
being a graduate
physician with Prir
preceptor for the Fé
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and cover letter the
under preceptorship,
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60 hours of clinical
FAU or was Primary
a preceptor.
LANKHEIM was very difficult to work with and it was necessary to
terminate the clinical experience early. :
zan, notified Dr. Ellis Youngkin, FAU's Graduate Program coordinator that
in LANKHEIM's clinical skills. McLean noted the following:
LANKHEIM's problem lists for her patients were inadequate and usually
cluttered with relatively insignificant items.
LANKHEIM did not review her data, organize them, organize the
presenting illnesses and relevance of each item or construct a clear,
concise, yet comprehensive report.
Repeated attempts were made to convey to LANKHEIM the importance of
identifying normal data so that she could then identify and abnormal data.
LANKHEIM needed much more supervision on the basic health
assessment.
HEIM appealed her dismissal from FAU but her appeal was denied.
te point after her dismissal from FAU, LANKHEIM, under the guise of
dent in FAU's nursing program, approached Steven Mortis, M.D., a
y Care Associates, and entered into an agreement for with him to be her
course that she failed, NGR 66L.
TEIM provided Dr. Morris with outdated copies of the contract/agreement
AU used in its nursing programs for graduate nursing students working
-ANKHEIM begen seeing patients under the supervision of Dr. Morris.
EIM worked with Dr. Morris as her receptor, ¢
oleting approximately
tk. At no time during this period was LANKHEIM a graduate student at
we Associates under any agreement with FAU to monitor LANKHEIM as
rer teegpe ee
Soo Ie see
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ope
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records from pa
answer" session
focused on the le:
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_ LANKHEIM's all
referred the matte)
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completed.
20. On
M.D., a board cert
available, as to whe
21. Dr.
LANKHEIM requi
nursing until her me
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patient and’no mean
23, Base
464.018(1)(j), Flori
safety to patients by
type of material or as
KHEIM provided FAU with her work evaluations from Dr. Morris, medical
its that LANKHEIM had cared for and a taped-recorded "question and
h one of her patients. The taped-recorded "question and answer" session
of care that LANKHEIM provided that patient.
une 30, 2000, the Agency received a uniform complaint regarding
d conduct, assigned complaint number 2000-09343 to the investigation and
the field for investigation. .
arch 19, 2001, the Agency's investigation of LANKHEIM's conduct was
rch 29, 2001, the Agency's investigative file was referred to Neville Marks,
d psychiatrist, for review and a determination based on the documentation
. LANKHEIM is safe to practice nursing with reasonable skill and safety.
tks opined that, based on the documentation in the Agency's possession,
an "urgent full psychiatric evaluation" and that she is "unfit to practice
I status has been evaluated."
TEIM is unable to practice nursing with reasonable skill and safety to
iort of suspension can adequately ensure the safety of the public.
a the foregoing, LANKHEIM is subject to discipline pursuant to Section
Statutes, for being unable to practice nursing with reasonable skill and
son of illness or use of alcohol, drugs, narcotics, chemicals, or any-other
esult of any mental or physical condition.
CRT eo
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WHERE]
imposing one or
license, impositi
Respondent on pr
. Signed thi
COUNSEL FOR
Reginald D. I
FBN: 011299!5
Agency for Health
Allied Health Secti.
Post Office Box 14:
Tallahassee, Florid:
(850) 414 - 8576
RDD/rd PCP.
XE, Petitioner respectfully request that the Board of Nursing enter an Order
are of the following penalties: Revocation or suspension of Respondent's
of an administrative fine, issuance of a reprimand, placement of the
tion, costs, and/or any othier relief that the Board deems appropriate.
ay of > 2001.
{Lriay 0 ng ,
Robert G. Brooks, M.D.
Secretary, Department of Health
BY: | Nancy Snurkowski, CHiéf Attorney
On Behalf of the Agency for
Health Care Administration
, PETITIONER:
snior Attorney
‘e Administration
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1317-4229
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Docket for Case No: 02-000114PL
Issue Date |
Proceedings |
Jan. 29, 2003 |
Letter to Judge Sartin from P. Lankheim stating that she does not object to Petitioner`s Motion to Reinstate Jurisdiction (filed via facsimile).
|
Jan. 24, 2003 |
Amended Administrative Complaint (filed by Petitioner via facsimile).
|
Jan. 24, 2003 |
Motion to Reinstate Jurisdiction (filed by Petitioner via facsimile).
|
Jul. 09, 2002 |
Order Denying Motion for Hearing, Relinquish Jurisdiction, and Closing File issued. CASE CLOSED.
|
Jul. 08, 2002 |
Motion for Summary Judgement II (filed by Respondent via facsimile).
|
Jul. 03, 2002 |
Status Report (filed by Petitioner via facsimile).
|
Jun. 21, 2002 |
Motion for Hearing (filed by Respondent via facsimile).
|
May 06, 2002 |
Order Placing Case in Abeyance issued (parties to advise status by July 8, 2002).
|
May 02, 2002 |
Status Report (filed by Petitioner via facsimile).
|
May 02, 2002 |
Respondent`s Status Report (filed via facsimile).
|
Mar. 18, 2002 |
Order Granting Continuance issued (parties to advise status by May 2, 2002).
|
Mar. 18, 2002 |
Motion for Continuance (filed by Petitioner via facsimile).
|
Mar. 18, 2002 |
List of Qualified Experts (filed by Respondent via facsimile).
|
Mar. 14, 2002 |
Order Denying Motion for Summary Judgment issued.
|
Mar. 14, 2002 |
Prehearing Stipulation (filed by Petitioner via facsimile).
|
Mar. 14, 2002 |
Respondent`s Request for Expert Interrogatories and Document(s) Produced by Expert Witness(es) filed.
|
Mar. 14, 2002 |
Notice of Discovery filed by Respondent.
|
Mar. 14, 2002 |
Letter to Judge Sartin from P. Lankheim regarding refusal of examination filed.
|
Mar. 14, 2002 |
Pre Hearing Statement (filed by Respondent via facsimile).
|
Mar. 13, 2002 |
Order Denying Motion to Reconsider issued.
|
Mar. 13, 2002 |
Letter to A. Pietrodangelo from P. Lankheim in response to order to be examined filed.
|
Mar. 13, 2002 |
Petitioner`s Response to Respondent`s Motion for Summary Judgement (filed via facsimile).
|
Mar. 07, 2002 |
Order Granting Petitioner`s Motion for Expedited Examination by Qualified Expert issued.
|
Mar. 07, 2002 |
Motion to Reconsider Petitioner`s Motion for Examination by Expert (filed by Respondent via facsimile).
|
Mar. 06, 2002 |
Letter to Judge Sartin from P. Lankheim regarding motion for examination (filed via facsimile).
|
Mar. 06, 2002 |
Case Law (filed by Respondent via facsimile).
|
Mar. 05, 2002 |
Motion for Summary Judgement (filed by Respondent via facsimile).
|
Mar. 05, 2002 |
Objection to Petitioner`s Motion for Examination by Expert (filed by Respondent via facsimile).
|
Feb. 26, 2002 |
Petitioner`s Motion for Expedited Examination by Qualified Expert (filed via facsimile).
|
Feb. 20, 2002 |
Notice of Filing Petitioner`s Requests for Interrogatories, Expert Interrogatories and Admissions filed.
|
Jan. 29, 2002 |
Notice of Withdrawal of Cousel (filed by R. Fleischer via facsimile).
|
Jan. 24, 2002 |
Order of Pre-hearing Instructions issued.
|
Jan. 24, 2002 |
Notice of Hearing issued (hearing set for March 19, 2002; 9:30 a.m.; Fort Lauderdale, FL).
|
Jan. 10, 2002 |
Initial Order issued.
|
Jan. 09, 2002 |
Administrative Complaint filed.
|
Jan. 09, 2002 |
Demand for Expedited Hearing Election of Rights filed.
|
Jan. 09, 2002 |
Agency referral filed.
|