Mar 24 2006 13:41 MAR-24-2886 13:17 FL DEPT OF HEALTH es@ 468 1955 — STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF NURSING HOME ADMINISTRATORS, PETITIONER, Vv. CASE NO. 2005-00738 Janet D, Aitken, NHA. 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 Home Administrators against Respondent, Janet Aitken, N. H. A., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Nursing Home Administration pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 468.1755, Florida Statutes. 2, At all times material to this Complaint, Respondent was a licensed Nursing Home Administrator at Bay Center (BC) within the State of Florida, having been issued license number 4398 on SUZ 01 LOO MAR-24-2686 13:17 FL DEPT OF HEALTH Mer 2 2006 ‘ps0 48 1855 P.@6 Fu _ . 3. The Respondent's address of record is 7515 Yellow Bluff Drive Callaway, FL 32404. 4, From on or about January 3, 2005 to January 7, 2005, the Agency for Health Care Administration (ACHA) conducted a recertification licensure survey at (BC). 5. The ACHA investigation revealed that BC was providing substandard care to residents. 6. The facility staff failed to monitor blood glucose levels of insulin dependent diabetics in accordance with physician orders. 7. The facility staff failed to administer insulin and oral diabetic agents in accordance with physician orders. 8. The Respondent failed to insure that there was an adequate number of nurses to timely complete the medication pass to residents pursuant to physician orders. COUNT ONE 9. Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 468.1755(1)(h), Florida Statues (2005), provides that fraud or deceit, negligence, incompetence, or misconduct in the Janet D. Aitken, NHA. 2005-00738 ‘ 2 Mar 24 2006 13:41 MAR-24-2886 13:17 FL DEPT OF HEALTH 856 4668 1855 P.a? ms practice of Nursing Home Administration is grounds for disciplinary action by the Board of Nursing Home Administrators. 11. Respondent acted negligently in the practice of Nursing Home Administration when he failed to insure that there was an adequate number of nurses to timely complete the medication pass to residents pursuant to physician orders. This included a failure to monitor insulin dependent diabetics and. administration of insulin and oral medication to diabetics. 12. Based on the foregoing, Respondent has violated Section 468.1755(1)(h), Florida Statues (2002), by acting negligently in the practice of Nursing Home Administration. COUNT TWO 13. _- Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein, 14. Section 468.1755(1)(k), Florida Statues (2005), provides that repeatedly acting in a manner inconsistent with the health, safety, or welfare of the patients of the facility in which he or she is the administrator is grounds for disciplinary action by the Board of Nursing Home Administrators. Janet D. Aitken, NHA. 2005-00738 3 Mar 24 2006 13:42 MAR-24-2086 13:17 FL DEPT OF HEALTH aoa 489 1855 =P. = on; 15. Respondent repeatedly acted in a manner inconsistent with the health, safety, or welfare of the patients of the facility in which he or she is the administrator by failing to insure that there was an adequate number of nurses to timely complete the medication pass to residents pursuant to physician orders. This included a failure to monitor insulin dependent diabetics and administration of insulin and oral medication to diabetic 16. Based on the foregoing, Respondent has violated Section 468.1755(1)(k), Florida Statues (2005), by repeatedly acting in a manner inconsistent with the health, safety, or welfare of the patients of the facility in which he or she is the administrator. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing Home Administrators 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. Janet D. Aitken, NHA. 2005-00738 4 Mar 24 2006 13:42 MAR-24-286 13:18 FL DEPT OF HEALTH esa 498 1655 P.a9 o~ an Mm SIGNED this _/ day of _( 1 AvAgt~ 2005. John ©. Agwunobi, M.D., M.B.A., M. P. HL Secretary, Department of Health FILED ; . DEPARTMENT OF HEALTH ao Lah / DEPUTY CLERK CLERK a Mer Susan L. Salamy DAFE__} 0-15-08 ee — {J - Assistant General Counsel Florida Bar #0648809 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850)414-8126 Phone (850)414-1991 Fax SS/sa Reviewed and approved by: © Zi (initials) 7 DOH v. Philip Sommars, NHA. DOH Case No. 2002-13440 PCP Members: Terry Goodman, NHA., Chairperson, Suyrea Reynolds, NHA. & Charles English, Ph.D, Consumer Member PCP DATE: Gctober 14, 2005 Janet D, Aitken, NHA. Case No. 2005-00738 Janet D. Aitken, NHA. 2005-00738

Docket for Case No: 06-001058PL