JUN-@9-2025 9: 137 AHCA/LEGAL MEDICAL Jun 92005 9:35 852 414 1989 P.1@/11 ‘STATE OF FLORIDA bal DEPARTMENT of HEALTH INT OF HEALTH, DEPARTME PETITIONER, Vv CASE NO. 2002-30401 JANET BEACH, RA., RESPONDENT. N Department of Health, mplaint before the Board of Nursing against the port thereof alleges: . charged with regulating the practice of Mi C. by and through Its undersigned COMES NOW, Petitioner, nd files this Administrative CO JANET BEACH, RN and in sup 1. petitioner’ is the state department cha nursing pursuant to Section 20.43 and Chapters 456 material to this Complaint, and was Issued fHoaNse NUT ress of record Is 3539 Red counsel, a! Respondent 2? and 464, Florida Gratutes. Respondent was a Registered mper 2346972: Pontiac: rive, 2 At all mes Nurse (RN.) within the state of Florida . 3. Respondent's last reported add 327119. per 2001 through January by Pediatric Services of America (PSA) PSA) in Daytona Beach, Florida, nts duties induded providing home health services wi e was assigned. Port Orange, Florida 4, From Dacem zo02, Respondent Was employed as a Registered NuTse. Responde thin the homes of patients to whorn sh JUN-@9-2085 @9:35 ; AHCA/LEGAL MEDICAL Jun 9 2005 one 414 1989) P2714 5. During December 2003, Respondent repeatedly called in to the Director of Nursing (the DON) at PSA, and was very upset and crying, and would cancel shifts at the last minute. 6, Respondent also told the DON repestedty that she sulfes from severe depression and wes “wanting to commit suicide.” 7. The DON received complaints from two parents of pediatric patents (Patient B.S. and Patient S.R.) regarding the Respondent's failure to provide nursing care for them as scheduled during December, 2001, FACTS REGARDING PATIENT B.S. 8. Respondent provided nursing care to Patient B.S., who was an & ventilator, two'tn three times per week’On @ 42-hour shift at the patlent’s home. 9, On one occasion in December 2001, whlle Respondent wes on-duty at Patient B.S/s home to render care to Patient B.S,, the parent of B.S... (Parent A) fourd " Respondent in a squatting position with her back up against & wall. 10. Respondent explained to Parent A that she had a-bad migraine and back pain and “that was what she normally did when she nad pain in those areas.” 41. A few minutes later, Parent A observed Respondent taking some type of medication. Respondent subsequently laid down on Parent A's eouch for approsimatly four hours while Raspondent was supposed to be providing care for Patient B.S. 42. That evening Parent A performed Patient B.S.5 nursing care while Respondent was resting. JUN-29-28 : 5 B9:35 AHCA/LEGAL MEDICAL Jun 9 2005 9:33 @ 658 414 1989 =P. 3/14 FACTS REGARDING PATIENT SR. 13. During December 2001, Respondent provided nursing care to Patient SR. who had cerebral palsy. Respondent was scheduled to provide this cere in Patient S.R-s -home three times per woek, 2:30 p.m. ~ 7:00 p-m. on weekdays; and 9:00 a.m, — 7:00 p.m, on the weaxends. 14. Onone occasion in December 2001, Respondent arrived at Patient $.R-5 residence “holding her head with her hands and crying.” 45. Respondent then sat down for 15 minutes and attempted to call PSA t Inform them that she was unable to compicte her shift. Respondent did not perform. any type of assessment OF render any nursing care to patient S.R. on this occasion. “The parent of S.R. (Parent B) reported this to PSA. “46, The DON notified Respondent of the complaints and subsequently referred Respondent to the Intervention Project for Nurses (IPN) for an evaluation out’ of concem that she was impaired. FPN Is the ‘impaired practitioner program for the Board and ts an Independent program that monitors the evaluation, care, and treatment - of impaired ‘health care practitioners, Ove rsces random dug screens, and provides an exchange of information between the treatment providers, 1LPN., and the Department 47. Respondent advised IPN that she would not be able to fallow through with thé IPN referral and IPN notified the DON of that information on or about January 29, 7 2002. JUN-@9-2 : (7) a9:35 AHCA/LEGAL MEDICA 858 414 9 P UN: aS Al IL. a 198 ~ 84711 ADDITIONAL FACTS 48. The Florida Department of Health attempted to notify Respondent of the complaint in this case through her address of record, but the correspondence was : returned to sender ~ m unable to deliver. 19. Finally, on or about February 21, 2003, the Petitioner determined the Respondent had a currant address of 2040 W. Madero Avenue, Apartment 6, Masa, Arizona 85202. 96, Respondent tn date has not notified the Florida Board of Nursing and/or the Florida Department of Health of her apparent change of address out of the state. COUNT ONE . . 21, — Patitioner realleges and incorporates paragraphs one (1) through three 7 (3), and eighteen (18) through twenty (20), as if fully sat forth in this count. 22. Section 456.072(1)(cc), Florida Statutes (2001), Btabes that it is prounds for disciplinary action by the Board of Nursing to violate any provision of chapter 464-or 456, or a rule of the hoard or the department. . 23. Rule 6459-1.013, Horida Administrative Code (RAC), 2 mule of the Board of Nursing, states that a practitioner must maintain on file with the Board a current address al which any notice required by law can be served and the current . place of practice. A failure to report an address change in writing within 60 days constitutes violation of this rule. 24. Based on the foregving, Respondent violeted Section 456.072{1)(cc), Florida Statutes, through a violation of Rule 64B9-1.013, FA.C., by failing to report a JUN-@9— : 93-2005 29:35 AHCEVLEGAL MEDICAL Jun 9 2005 9:34 e 859 414 1989 P.@5711 change of address and/or falling to maintain on file her current place of practice with the department or board. a BB, Petitioner realleges and Incorporates paragraphs one (2) through seventeen (7) as if fully set forth in this count. . 26. Section 464.018(1)(h), Alorida Statutes (2001), states that it is grounds for “disciplinary action by the Board of Nursing for @ licensec to engage in unprofessional conduct, which shall Include, but not be limited to, any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice, In which case acbual injury need not be established. 27, Rule 6459-8,005(2Xb), FA.C,, states that unprofessional conduct shall include administering treatment In 2 negligent manner 28. Respondent exhibited unprofessional conduct by one oF more of the , following: : 3) By negligently providing treatment to B.S. by failing : By ea eire of Patient B.S. for 4 hours out of & 12 hour shift in December 2001; and/or b) BY negligently failing to assess or take care of patient S.R. at any time during the designated shift in December 2001, . 29. Based on the foregoing, Respondent has violated Section 464.018(1)(H), Fiorlda Statutes, by unprofessional conduct # defined in Rule 6489-8.005(2)(6), FAC. by administering treatment in a negligent manner. Jun 9 2005 9:34 858 414 1989 P.O6/11 JUN-@9-~ : 89-2085 99:36 AHCA/LEGAL MEDICAL WHEREFORE, the Petitioner respectfully requests that wort of Nursing enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's licens®, restriction of practice, imposition of an administrative fine, issuance Of @ reprimand, placement of the Respondent ‘on probation, comective ‘action, refund of fees billed of collected, remedial treatment and/or any other relief that the Board deems appropriate. __ SIGNED this Hyk aayot _fohty 200 John O. Agwunobi, M.D., M.BA Secretary, Department of Health Wayne Mitchell Assistant General Counse! DOH Prosecution Services Unit 4052-Bald Cypress Way, Bin C-65, Tallahassee, FL 32399-3265 Florida Bar #869414 (850) 414-8125 (850) 414-1989 FAX Reviewed and approved oy DEK cntaisy F/B (date) por: 3/7 fi.00 2 _ pep Members:.7 AV D3 DOH vs, Janet Beach, R.N., Case No. 2002-30401 ° JUN-@9-: : 9-2085 29:36 AHCA/LEGAL MEDICAL Jun 9 2005 9:54 : e : ) = 414 1989 P.@?741 NOTICE OF RIGHTS Respondent has the right to request 2 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. a

Docket for Case No: 05-002090PL