ee STATE OF FLORIDA DEPARTMENT OF HEALTH 0% MR 39 0 | 5 DEPARTMENT OF HEALTH, DVIS.oy - “OHIN'S RAL Petitioner, “ARINGS |" VS. Case No. 2002-27348 MONIQUE BAYNES, R.N., Respondent. 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, MONIQUE BAYNES, R.N., and in support thereof” alleges: 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Chapters 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Registered Nurse (R.N,) in the State of Florida, having been issued license number 9183690. 3. Respondent's last known address is 4453 SW 151% Street, Ocala, Florida 34473-2669. 4. For all times material hereto, Respondent was employed as an R.N. at Shands Hospital at the University of Florida (Shands) in Gainesville, Florida. 5. On or about June 24, 2002, Respondent received a verbal corrective action from Shands for multiple medication errors including, but not limited to, 1 Monique Baynes 2002-27348 Ce ( administering incorrect medication to patients. 6. On or about July 15, 2002, Respondent received a written corrective action from Shands, for allowing a patient’s intravenous medication to run dry resulting in deleterious effects to the patient including, but not timited to, shortness of breath, vomiting, and chest pain. 7 On or about July 22, 2002, Respondent was caring for a patient who was ordered to receive respiratory nebulizer treatments of Atrovent and Albuterol every four (4) hours. Later that same day, Respondent, after unsuccessfully seeking a respiratory supervisor, and without using the necessary chain of command for approval or direction, administered Atrovent to the patient from medication that was prescribed to her son and did not document the administration of this medication. 8. Section 464.018(1)(n), Florida Statutes (2002), makes it a violation of the Nurse Practice Act to fail to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience. 9. Respondent failed to meet minimal standards of acceptable and prevailing nursing practice in one or more of the following ways: e a. By receiving a verbal corrective action from Shands for multiple medication errors including, but not fimited to, administering incorrect medication to patients; and/or b. By allowing a patient’s intravenous medication to run dry resulting in deleterious effects to the patient; and/or c. By administering Atrovent to a patient from medication that was 2 Monique Baynes 2002-27348 C f prescribed to her son without first obtaining approval by a respiratory supervisor and/or without using the necessary chain of command for approval or direction, and not documenting the administration of this medication. 10. Based on the foregoing, Respondent is subject to discipline pursuant to Section 464.018(1)(n), Florida Statues (2002), by failing to meet minimal standards of acceptable and prevailing nursing practice. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. a Signed this Oday of esgsauh 2002. John O. Agwunobi, M.D., M.B.A. Secretasy, Department of Health FILED — DEPARTMENT OF HEALTH Ut . A : DEPUTY CLERK CLERK Celemax, BY: Naji Israoui, Asst. General Counsel DATE o> Florida Bar No. 0610364 DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin #C-65 Tallahassee, FL 32399-3265 (850) 414-8126 Business (850) 414-1991 Facsimile 3 Monique Baynes 2002-27348 NI:sya : 04 WAR 30 AM 10: 53 pcp:/P3 DATE: J20/0> DVIS gu : DVIS Ge : ADMINIS TR AT cr Reviewed and approved by-z7%&___ on _'S bo 3. ‘ HEARie: WE NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS 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. 4 Monique Baynes 2002-27348

Docket for Case No: 04-001098PL