Apr 30 2008 16:40 APR-30-2088 17:14 * AHCA P03 Ne > STATE OF FLORIDA ae) DEPARTMENT OF HEALTH i DL. ~ lad - DEPARTMENT OF HEALTH, 0 KDI 5% = PETITIONER, v. CASE NO. 2005-66807 DIANNE W. JETER, L.P.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 Respondent, Dianne W. Jeter, L.P.N., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed practical nurse within the state of Florida, having been issued license number PN-5153853. 3. Respondent's address of record is 2801 Whisperwood Lane, Panama City, Florida 32405. 4. At all times pertinent to this complaint, the Respondent worked at Studio 605 as a Licensed Practical Nurse. Apr 30 2008 16:40 APR-30-2008 17:14 AHCA P.O4 \ 5. On or about October 18, 2004, Patient JM presented to Studio 605 to have sunspots removed from her face, neck, and back using Intense Broadband Light (hereinafter referred to as IPL). 6. Respondent performed the treatment using the IPL. 7. Respondent was uncertified, untrained, and unqualified to perform IPL treatments. 8. Respondent was inappropriately supervised while treatment with the IPL was being performed on Patient JM. 9. The Respondent applied Levulan, a photosensitizer accelerant, to. the skin of Patient JM prior to performing the treatment with the IPL. 10. According to the medical records, Patient JM had a recent history included exposure to the sun, and was therefore not an appropriate candidate for the IPL treatment. 11. The Respondent failed to perform a “spot test” on Patient 3M prior to initiating treatment with the IPL. . 12. Asa result of the IPL treatment performed by the Respondent, Patient JM suffered second and third degree burns about her shoulders, neck, and back. 13. Section 464.018(1)(n), Florida Statutes, provides that failing to meet minimal standards of acceptable and prevalling nursing practice, including engaging in acts for which the licensee is not qualified by training or experience, constitutes grounds for disciplinary action by the Board of Nursing. DOH v. Dianne W. Jeter, LPN Page 2 DOH Case No,: 2005-66807 J:\PSU\Medical\William Milier\Board of Nursing\Jeter 2005-66807\Jeter.Administratve Compiaint.doc Apr 30 2008 16:40 APR-30-2008 17:15 AHCA P.@5 14. Rule 64B9-8.005(2), Florida Administrative Code, provides that failing to meet or departing from minima! standards of acceptable and prevailing nursing practice shall include, but not be limited to, Administering medications or treatments in negligent manner. 15. Respondent falled to meet, or departed from, the minimal standards of acceptable and prevailing nursing practice in one or more of the following ways: a. Respondent treated Patient JM with an IPL when Respondent was uncertified, untrained, unqualified, and inappropriately supervised. b. Respondent failed to appropriately determine whether Patient JM was a proper candidate for IPL treatment. C Respondent failed to perform a “spot test” on Patient JM prior to initiating treatment with the IPL. , d. Respondent practiced beyond the scope of her license when she performed IPL treatments on Patient JM to remove sunspots removed from the patient's face, neck, and back. ; 16. Based on the foregoing, Respondent has violated Section 464.018(1)(n), Florida Statutes, by failing to meet, or departing from, the 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 4 any other relief that the Board deems appropriate. DOH v. Dianne W. Jeter, LPN Page 3 DOH Case No.: 2005-66807 J:\PSU\Medical\William Miller\Board of Nursing\Jeter 2005-66807\Jeter, Administrative Complaint.doc Apr 30 2008 16:40 APR-30-2088 17:15 AHCA P.66 ~~ SIGNED this 2° dayof__4 p/! , 2006. FILED OEPARTMENT OF HEALTH D CLERK CLERK head ee ow) wn OATE. U-3-£-0G "PCP: April 19, 2006 ’ PCP Members: ~ Munoz and Ramos DOH v. Dianne W. Jeter, LPN DOH Case No,; 2005-66807 M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health William F. Miller Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0421080 (850) 245-4640 Ext. 8203 (850) 245-4683 FAX Page 4 2:\PSU\Medical\William Miller\Board of Nursing\Jeter 2005-66807\Jeter. Administrative Complaint.doc Apr 30 2008 16:41 APR-3@-2088 17:15 AHCA PB? x Dianne W. Jeter, L.P.N. DOH Case No.: 2005-66807 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. DOH v. Dianne W. Jeter, LPN : Page 5 DOH Case No.: 2005-66807 2:\PSU\Medical\William Milier\Board of Nursing\Jeter 2005-66807 Veter. Administrative Complaint.doc

Docket for Case No: 08-002158PL