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DEPARTMENT OF HEALTH, BOARD OF NURSING vs PENELOPE DIANE LANKHEIM, 02-000114PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000114PL Visitors: 4
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: Jul. 07, 2024
ee ee rene Oe ih be 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 5. 6. L. Oo: in Medicine (h« adjudicatory case medicine in the S 7. -Th The ecc Jun whi insi Car Dr. cou trai diffi "pol We prov Rest 30, | pract an ¢ phys who who psycl Resp medi: an un 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 15. LAN and cover letter the under preceptorship, 16. LAN 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 CTR SE HRN RICE Ror Ree RRR pee Re I REF ope 7 records from pa answer" session focused on the le: 18. Or _ LANKHEIM's all referred the matte) 19. On completed. 20. On M.D., a board cert available, as to whe 21. Dr. LANKHEIM requi nursing until her me 22. LAN 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 i t ; i k E i I 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 ) 1317-4229 DOM: Ay! aad F LED on i ‘ PARTMENT Atak SEO On CLERK wpe pATE__- Es ; ; b :

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.
Source:  Florida - Division of Administrative Hearings

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