Jan 4 : JAN-G4-2087 12:89 AHCA m4 2000 BEA ; P.83 STATE OF FLORIDA DEPARTMENT OF HEALTH rai DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2005-60732 CANADY MIESHA HARDING, LPN, 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 Respondent, Canady Miesha Harding, L.P.N., and in support thereof alleges: 7 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapte | 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. Respondent’s address of record is 2803 Thomas Street, Fort Myers, Florida 33916. Deparment of Health v Canady Harding, L.P.N.. Case Number 2005-60732 J\PSU\Nursing\ReynoldsVAC's\Harding-negligence.doc Jan 4 2007 11:45 JAN-G4-2087 12te9o AHCA P.a4 3. At all times material to this Complaint, Respondent was! ‘employed as a licensed practical nurse (L.PN.) at Shady Rest Care Pavilior located in Fort Myers, Florida having been issued license number P 5153220. 4. On or about July 29, 2005, Physician orders for Patient B.R included an order for iml. injection of Heparin, an anticoagulant, eve eight hours. 5. On or about July 30, 2005, Physician discontinued Patient B.R.‘ order for Heparin. 6. On or about July 31, 2005, Respondent was assigned to car for Patient B.R. 7. On or about July 31, 2005, Respondent neglected to heed th Physician’s order to discontinue the Heparin injection in that she attempted to administer a Imi. shot of Heparin to Patient B.R. 8. Patient B.R. objected to the Heparin injection based on he knowledge of the Physician’s new orders. ! 9. When Patient B.R. resisted the injection, Respondent attempted | to have another health care professional hold Patient B.R.’s arms down in order to properly administer the drug, ~@- Deparment of Health v Canady Harding, L.P.N., Case Number 2005-60732 JAPSU\Nursing\Reynolds\Ac's\Haning-negligence.dac JAN-#4-2667 12:18 AHCA P.@5 om Jan 4 2007 11:47 74 COUNT ONE 10. Section 464.018(1)(n), Florida Statutes (2003), provides that: failing to meet minimal standards of acceptable and prevailing nursing: practice constitutes grounds for disciplinary action by the Board of Nursing 11. Rule 64B9-8.005(2)(b), Florida Administrative Code, provides: that failing to meet minimal standards of acceptable and prevailing nursing: practice shall include administering medications or treatments in a, negligent manner. 12. Respondent failed to meet minimal standards of acceptable an prevailing nursing practice by doing one or more of the following: a. Neglecting to heed ‘the Physician’s order t discontinue the Heparin injection; b. Attempting to administer a 1ml. shot of Heparin to’ Patient B.R. against her wishes; c, | Attempting to have another health care professiona : hold Patient B.R.’s atm down in order to proper administer the drug. 13. Based on the foregoing, Respondent violated Section 464.018(1)(n), Florida Statutes (2003), by failing to meet minimal. -3- Deparment of Health v Canagy Harding, L.P.N., Case Number 2005-60732 JAPSU\Nursing\ReyneldsAC's\Harding-negligence.doc JAN-G4-2087 12:18 AHCA Jan 4 2007 11:4? standards of acceptable and prevailing nursing practice, as further defined in Rule 64B9-8.005(2)(b), Florida Administrative Code, to include~’ administering medications or treatments in a negligent manner. COUNT TWO 14. Section 464.018(1)(h), Florida Statutes (2003), provides that unprofessional conduct, as defined by board rule, constitutes grounds fo ; disciplinary action by the Board of Nursing. , 15. Rule 64B9-8.005(1)(e), Florida Administrative Code, provides that unprofessional conduct. shall include acts of negligence either by omission or commission. | 16. Respondent engaged in unprofessional conduct when she did: one or more of the following: a. Neglected to heed the Physician’s order to discontinue the’ Heparin injection; b. Attempted to administer a 1m!. shot of Heparin to Patient: B.R. against her wishes; Department of Health y Canady Harding, L.P.N., Gage Number 2005-60732 JAPSU\Nursing\Reynolds\Ac's\Harding-negligenta.doc Jan 4 200? 11:48 JAN-G4-2087 12:18 AHCA Pa? c. Attempted to have another health care professional hold: Patient B.R.’s arms down in order to properly administer. the drug. 17. Based on the foregoing, Respondent violated Section. 464.018(1)(h), Florida Statutes (2003), by engaging in unprofessional conduct, as further defined in Rule 64B9-8.005(1)(e), Florida: Administrative Code, which includes acts of negligence either by omission: or commission. Department of Health v Canady Harding, L.P.N., Gase Number 2005-60732 JAPSU\Nursing\Reynolds\AC's\Harding negligence.das JAN-@4-2087 12tit AHCA WHEREFORE, the Petitioner respectfully requests that the Board o Nursing enter an order imposing one or more of the following penalties permanent revocation or suspension of Respondent’s license, restriction o practice, imposition of an administrative fine, issuance of a reprimand, . placement of the Respondent on probation, corrective action, refund o fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this Ded day of Med 2006. FILED DEPARTMENT OF HEALTH UTY CLERK CLERK “Thimoe Mek DATE 3-23-06 PCP; >]20 lou PCP Members: 0‘. Setz, S\ hele Department of Heagith v Canady Harding, L.P.N., Case Number 2005-80732 JAPSU\Nursing\Reynolds\AC's\Harding-negligence.doc Jan 4 200? 11:48 M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health Ellen M. Simon Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0976792 (850) 245 - 4640 Telephone Jan 4 200? 11:49 JAN-G4-28087 12:11 AHCA P.@9 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 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 impesed. Department of Health v Canady Harding, L.P.N., Gase Number 2005-60732 JAPSU\Nurslng\Reynolds\AC's\Harding-negligence.doc

Docket for Case No: 07-000051PL