RECEIVED STATE OF FLORIDA APR 15 2003 BOARD OF RESPIRATORY CARE DEPARTMENT OF HEALTH, Petitioner, vs. ADMINISTRATIVE LAW BARBARA A. HUNTER, OD-'TbDPC Case No. 02-09985 Respondent. & ey ey | ; 2S ADMINISTRATIVE COMPLAINT : 4 = COMES NOW Petitioner, Department of Health, (hereinafter “Petitioner’) by and through its undersigned attorneys and files its Administrative Complaint against Respondent, BARBARA A. HUNTER, (hereinafter “Respondent’) and alleges: NATURE OF THE ACTION 1. This is an action to impose administrative penalties and assess costs related to the investigation and prosecution of the allegations against Respondent pursuant to Sections 456.072 and 468.365, Florida Statutes. JURISDICTION AND VENUE 2. This tribunal has jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes. 3. Administrative Code. Venue shall be determined pursuant to Rule 28-106.207, Florida PARTIES 4. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of respiratory therapy pursuant to Section 20.43, Florida Statutes, and Chapters 456' and 468, Part V, Florida Statutes. 5. At all times material hereto Respondent has been licensed as a registered respiratory therapist, having been issued license number RRT 1633 on May 20, 1988. 6. Respondent's last known address is 15306 SW 52nd Lane, Miami, Florida 33185-4179 COUNT I! 7. In November 2001, Respondent was employed at Jackson Memoria! Hospital. 8. On November 27-28, 2001, Respondent provided respiratory care services to ‘ patient SM. \ 9. SM was a 37 week old female, status post-diaphragmatic hernia repair surgery. A 10. SM was being ventilated on a Sensormedics 3100 high-frequency oscillator with nitric oxide at 10 PPM. 11. Respondent increased the settings on the oscillator without a physician’s order. oN 12. Respondent is subject to discipline pursuant to Section 468.365(1)(0), Florida Statutes, for failing to deliver respiratory care services with that level of care, skill, and treatment which is recognized by a reasonably prudent respiratory care ‘Formerly Chapter 455, Part Il; see Chapter 2000-160, Laws of Florida. 2 practitioner or respiratory therapist with similar professional training as being acceptable under similar conditions and circumstances. CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests the BOARD OF RESPIRATORY CARE to enter an order imposing one or more of the following penalties pursuant to Section 456.072, Florida Statutes and Rule 64B32-5.001, Florida Administrative Code: a. Revocation or suspension of Respondent's license; b. Restriction of Respondent's practice; c. An administrative fine; d. Areprimand; e. Probation; and/or f. Any other penalty the Board deems appropriate. Dated this_@_ day of , 2003. Respectfully submitted, CHARLES J. CRIST, JR. Attorney General FILED HEALTH DEPART TY TOF aK ust | cuene fili ae PL-01 The Capitol ATE Tallahassee, Florida 32399-1050 D (850) 414-3300 PCP: Johnson, Waggoner DATE: April 4, 2003 NOTICE OF HEARING RIGHTS AND ASSESSMENT OF COSTS RESPONDENT IS HEREBY NOTIFIED THAT HE/SHE HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57, FLORIDA STATUTES. SPECIFIC OPTIONS FOR ADMINISTRATIVE ACTION ARE SET OUT IN THE ATTACHED EXPLANATION OF RIGHTS. ALL REQUESTS FOR HEARING MUST BE MADE WITHIN 21 DAYS OF RECEIPT AND SENT TO LEE ANN GUSTAFSON, SENIOR ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, PL-01 THE CAPITOL, TALLAHASSEE, FLORIDA 32399-1050. RESPONDENT IS PLACED ON NOTICE THAT PETITIONER HAS INCURRED COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF THIS MATTER. PURSUANT TO SECTION 456.072(4), FLORIDA STATUTES, THE BOARD SHALL ASSESS COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF A DISCIPLINARY MATTER, WHICH MAY INCLUDE ATTORNEY HOURS AND COSTS, ON THE RESPONDENT IN ADDITION TO ANY OTHER DISCIPLINE IMPOSED CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy has been served by certified .- mail this G day of , 2003 to : BARBARA A. HUNTER, 15306 SW 52nd Lane, Miami, Florida 33185-4179. F:\Users\ADMIN\LEE\RESPIRATORY CARE\Hunter AC.wpd

Docket for Case No: 03-001732PL