Petitioner: DEPARTMENT OF HEALTH
Respondent: KARIN KEARNS, L.M.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Tampa, Florida
Filed: Mar. 20, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 18, 2007.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NO. 2005-57679
Karin Kearns, L.M.
RESPONDENT.
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ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the
Department of Health against the Respondent, Karin Kearns, L.M., and in
support thereof alleges:
1. Petitioner is the state department charged with regulating the
practice of midwifery pursuant to Section 20.43, Florida Statutes; Chapter
456, Florida Statutes; and Chapter 467, Florida Statutes..
2, At all times material to this Complaint, Respondent was a
licensed midwife (L.M.”) within the State of Florida, having been issued
license number MW 19.
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3. Respondent's address of record is 3716 W. Swann Avenue
Tampa, Florida 33609.
4, On or about October 18, 2003, Respondent began providing
prenatal care and/or midwifery services to Patient C.O., a then twenty-two
year old woman.
5. Onor about December 20, 2003, Respondent examined Patient
C.0. during an office visit. At the time, Patient C.O. was approximately
thirty-three (33) weeks pregnant. Patient C.Q.s blood pressure during this
visit was noted as 120/70.
6. Respondent next saw Patient C.0. on or about January 3, 2004.
Patient C.O. was approximately thirty-five (35) weeks pregnant at the time.
Her blood pressure during this visit had risen to 140/80.
7, Qn or about January 6, 2004, Respondent saw Patient C.O.
during a home visit. Patient C.O. was approximately thirty-six (36) weeks
pregnant at the time. Her blood pressure was noted as 140/80.
8. On or about January 17, 2004, Respondent examined Patient
C.O. during an office visit. At this time, Patient C.0. was approximately
thirty-seven (37) weeks pregnant, Patient C,0.s blood pressure during this
visit was noted as 140/108, however Respondent noted that the blood
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pressure dropped to 130/100 after a half-hour nap. Respondent also noted
that Patient C.0. had swollen ankles.
9. Pregnancy-induced hypertension (PIH) is present when the systolic
biood pressure (top number) is greater than one hundred forty (140) and
the diastolic biood pressure (bottom number) is greater than ninety (90).
Another common symptom of PTH is swelling, particularly in the ankles.
40, PIH can be a precursor to pre-eclampsia and/or eclampsia, 4
serious condition marked by elevated blood pressure, swelling, protein in
the urine, and gelzures that can be potentially fatal for both mother and
child.
11, After noting symptoms in Patient ¢.0. consistent with PIH on or
about January 17, 2004, as described above, Respondent did not consult
with or refer or transfer Patient C.O/s care to a licensed physician with
hospital obstetrical privileges.
12, Eleven days elapsed between Patient C.0/'s January 6, 2004 and
January 17, 2004 examinations, which occurred during or after Patient
C.0/s thirty-sixth (36) and thirty-seventh (37) weeks of pregnancy.
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13. At approximately 1:30 am. on or about January 19, 2004,
Patient C.O’s husband called Respondent to report that Patient C.O, was
experiencing “bloody show” and a few mild contractions.
14. At approximately 2:21 a.m, on oF about January 19, 2004,
Patient C.0.’s husband called Respondent to report that Patient C.O. was
“unrousable,” apparently due to a seizure, Respondent instructed Patient
C.0.'s husband to immediately call 911.
15, EMS arrived. at Patient C.0’s house at approximately 2:37 am.
on or about January 19, 2004. She was transferred by EMS to Springhill
Regional Hospital in Springhill, Florida (Springhill Regional”).
16, At approximately 5:45 a.m. on or about January 19, 2004,
Patient C.Q. gave birth to a baby boy by emergency cesarean section.
Immediately prior to the emergency cesarean section, Patient C.0.
experienced a second, grand mal seizure. The attending physician at
Springhill Regional diagnosed Patient c.0. with eclampsia.
17. Between the time Respondent instructed Patient C.0.'s husband
to call 911, at or about 2:21 a.m. on or about January 19, 2004, and
approximately “mid afternoon” on January 19, 2004, Respondent did not
consult or speak with a healthcare professional at Regional Hospital
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concerning Patient C.O’s care or history, nor did Respondent fax or
otherwise deliver Patient C.Q’s patient records to Springhill Regional
Hospital.
48. Patient C.O’s child was born in a severely depressed state, with
APGAR scores of zero (0), zero (0), and three (3) at one (1), five (5) and
ten (10) minutes, respectively ~- essentially brain dead.
19, After spending a month on 4 ventilator and making no
progress, Patient C.O.’s child was removed from life support on or about
February 19, 2004. The child’s cause of death was listed as hypoxic-
ischemic encephalopathy (acute brain injury due to asphyxiation).
Count! )
20. Petitioner reincorporates and re-alleges paragraphs one (1)
through nineteen (19) as if fully set forth herein.
21. Section 467.203(1)(j), Florida Statutes (2003), provides that
“Violating any provision of this chapter or chapter 456, or any rules
_adopted pursuant thereto’_constitutes grounds for disciplinary-action by the
"Department of Health.
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22. Rule 64324-7.007(1)(e), Florida Administrative Code, provides
that a licensed midwife shall require prenatal visits “weekly from thirty-six
weeks until delivery.”
23. Respondent violated Rule 64B24-7,007(1)(e), Florida
Administrative Code, in that eleven (11) days elapsed between Patient
C.0/s January 6, 2004 and January 17, 2004 examinations, which occurred
during or after Patient C.O’s thirty-sixth (36) and thirty-seventh (37) weeks
of pregnancy. ,
24. Based on the foregoing, Respondent has violated Section
467.203(1)(j), Florida Statutes (2003).
Count IT
25. Section 467.203(1)(j), Florida Statutes (2003), provides that
“Violating any provision of this chapter or chapter 456, or any rules
adopted pursuant thereto” constitutes grounds for disciplinary action by the
Department of Health.
cota eee OL. Rule _64B24-7,007(6)(c),-Florida_Administrative_Code, provides,
during the pregnancy: (c) Pre-eclampsia.” Rule 64B24-7007(5)(i), Florida
Administrative Code, provides, “The midwife shall refer a patient for
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consultation to a physician with hospital obstetrical privileges if any of the
following conditions occur during the pregnancy: (i) Any other severe
obstetrical, medical or surgical problem.”
27, Respondent violated Rules 64B24-7.007(6)(c) and 64B24-
7007(5)(i), Florida Administrative Code, by not - consulting. with or
transferring or referring Patient C.O.5 care to a licensed physician with
obstetrical hospital privileges after noting symptoms of pregnancy-induced
hypertension and/or pre-eclampsia ‘on. or about January 17, 2004, or
earlier,
28. Based on the foregoing, Respondent has ‘violated Section
467.203(1)(}), Florida Statutes (2003).
Count III
29, Section 467.203(1)(f), Florida Statutes (2003), provides that
“Engaging in unprofessional conduct, which includes but is not limited to,
any departure from, or the failure to conform to, the standards of practice
of midwifery as established by the department” is grounds for discipline by
the Department of Health.
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30. Respondent engaged in unprofessional conduct by departing
from or failing to conform to the standards of practice of midwifery in one
or more of the following ways:
(a) By not consulting with or transferring or referring Patient CO's
care to a licensed physician with obstetrical hospital privileges after noting
symptoms of pregnancy-induced hypertension and/or pre-eclampsia on or
about January 14, 2004, or earlier.
(b) By not timely communicating with, consulting with, or
delivering medical records to the facility where Patient C.O.'s care had been
transferred upon initiation of her emergency care plan, on or about January
19, 2004.
31. Based on the foregoing, Respondent has violated Section
467.203(1)(f), Florida Statutes (2003).
WHEREFORE, the Petitioner respectfully requests that the
Department 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,
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refund of fees billed or collected, remedial education and/or any other relief
that the Board deems appropriate.
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SIGNED this |S" day of _Qzsto lan” , 2006.
M. Rony Frangois, M.D., M.S.P.H., Ph.
Secretary, Pepartment of Health
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DEPUTY CLERK Don Freeman
Assistant General Counsel
DOH-Prasecution Services Unit
4052 Bald Cypress Way-Bin C-65
Tallahassee, Florida 32399-3265 ©
Florida Bar # 736171
(850) 245-4640
(850) 245-4681 fax
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GLETUS
DATE__'
Reviewed and approved by: (initials) (date)
PCP: October 15, 2006
PCP Member: Diane Orcutt
ee oe eee -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 represeniative, 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.
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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.
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Docket for Case No: 07-001297PL
Issue Date |
Proceedings |
Jul. 18, 2007 |
Order Closing File. CASE CLOSED.
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Jul. 12, 2007 |
Motion to Relinquish Jurisdiction filed.
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May 30, 2007 |
Respondent, Karin Kearns, L.M.`s Response to Petitiner`s First Request for Admissions filed.
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May 30, 2007 |
Respondent, Karin Kearns, L. M.`s Response to Petitioner`s First Request for Production of Documents filed.
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May 30, 2007 |
Respondent, Karin Kearns, L.M.`s Response to Petitioner`s First Interrogatories filed.
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May 15, 2007 |
Notice of Appearance (filed by A.S. Weekley, Jr.).
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May 15, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 2 and 3, 2007; 9:00 a.m.; Tampa, FL).
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May 15, 2007 |
Notice of Cancelling Depositions filed.
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May 15, 2007 |
Order on Motion to Compel.
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May 15, 2007 |
Order Granting Leave to Amend Administrative Complaint.
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May 15, 2007 |
Order Denying Motion to Deem Request for Admissions Admitted.
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May 14, 2007 |
CASE STATUS: Motion Hearing Held. |
May 11, 2007 |
Notice of Intent to Introduce Certified Records of Regularly Conducted Business Activity Into Evidence filed.
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May 08, 2007 |
Notice of Telephonic Motion Hearing (motion hearing set for May 14, 2007; 11:00 a.m.).
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May 02, 2007 |
Notice of Taking Deposition Duces Tecum filed.
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May 01, 2007 |
Motion to Compel Discovery and/or for Sanctions filed.
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May 01, 2007 |
Notice of Serving Petitioner`s First Request for Interrogatories and First Request for Production filed.
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May 01, 2007 |
(Corrected) Motion for Deposition in Lieu of Live Testimony filed.
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May 01, 2007 |
Motion for Deposition in Lieu of Live Testimony filed.
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Apr. 30, 2007 |
Motion to Deem Petitioner`s First Request for Admissions Admitted filed.
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Apr. 30, 2007 |
Petitioner`s First Request for Admissions filed.
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Apr. 27, 2007 |
Motion for Leave to Amend Administrative Complaint filed.
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Apr. 12, 2007 |
Order of Pre-hearing Instructions.
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Apr. 12, 2007 |
Notice of Hearing (hearing set for May 24 and 25, 2007; 9:00 a.m.; Tampa, FL).
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Mar. 30, 2007 |
Letter to Judge Harrell from K. Kearns regarding response to initial order filed.
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Mar. 27, 2007 |
Petitioner`s Response to Initial Order filed.
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Mar. 23, 2007 |
Notice of Serving Petitioner`s First Request for Interrogatories and First Request for Production filed.
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Mar. 23, 2007 |
Notice of Service of Petitioner`s First Request for Admissions filed.
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Mar. 20, 2007 |
Initial Order.
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Mar. 20, 2007 |
Notice of Scrivener`s Error filed.
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Mar. 20, 2007 |
Administrative Complaint filed.
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Mar. 20, 2007 |
Election of Rights filed.
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Mar. 20, 2007 |
Notice of Appearance (filed by D. Freeman).
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Mar. 20, 2007 |
Agency referral filed.
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