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DEPARTMENT OF HEALTH, BOARD OF NURSING vs VICTOR BERNARD MEAUT, JR., A.R.N.P., 09-003476PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-003476PL Visitors: 1
Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: VICTOR BERNARD MEAUT, JR., A.R.N.P.
Judges: LISA SHEARER NELSON
Agency: Department of Health
Locations: Ocala, Florida
Filed: Jun. 23, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 28, 2009.

Latest Update: Oct. 06, 2024
Jun 23 2009 16:21 JUN-23-2889 17:83 AHCA P.@3 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, Vs. Case No. 2007-21474 VICTOR BERNARD MEAUT, JR., A.R.N.P Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (hereinafter “Petitioner”), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against the Respondent, Victor Bernard Meaut Jr, A.R.N.P., (hereinafter ™“Respondent”), 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 an advanced registered nurse practitioner (hereinafter “A.R.N.P.”) within the state of Florida having been issued license number 1627252. Department of Health v. Victor Meaut, A.R.N.P. Page 1 Case Number 2007-21474 A:\PSU\Nursing\Walt\AC’s\ARNP\AC_CRNA_ Anesthesia_Meaut.doc Jun 23 2009 16:21 JUN-23-2889 17:84 AHCA P.a4 3. Respondent's current address of record is 5333 SW 75" Street, Apt. 170, Gainesville, Florida 32608. 4, At all times material to this Administrative Complaint, Patient U.E. was an 83 year-old female with a diagnosis of spondylosthesis who was admitted to Munroe Regional Medical Center to undergo elective spinal SUTgeTy. 5. - Onor about December 11, 2006, Respondent was the certified registered nurse anesthetist who performed and monitored the anesthesia of Patient U.E. 6. | During the procedure, Patient U.E. was in a prone position which made ventilating the patient more difficult due to the pressure on the chest. 7. End tidal carbon dioxide (ETCO2) is the partial pressure or maximal concentration of carbon dioxide (CO2) at the end of an exhaled breath, which is expressed as a percentage of CO2 or mmHg. 8. A minimum level of (ETCO2) during this type of procedure is 30 units. , 9. While under anesthesia, Patient U.E.’s (ETCO2) ranged between the low to mid twenties and below the acceptabie level. Department of Health v. Victor Meaut, A.R.N.P. Page 2 Case Number 2007-21474 J:\PSU\Nursing\Walt\AC’s\ARNP\AC_CRNA_Anesthesia_Meaut.doc Jun 23 2009 16:21 JUN-23-2089 17:84 AHCA P.@S 10. A low (ETCO2) can cause a-decrease in blood supply to the brain. , 11. Furthermore, a (ETCO2) below the acceptable level increases the risk for inadequate cerebral perfusion. 12. Section 464.018(1)(h), Florida Statutes (2007), provides that unprofessional conduct, as defined by Board rule, constitutes grounds for disciplinary action by the Board of Nursing. 13. Rule 64B9-8.005(1)(e), Florida Administrative Code, provides that unprofessional conduct shall include acts of negligence either by omission or commission. | 14. Respondent engaged in unprofessional conduct and was negligent by failing to maintain Patient U.E.’s (ETCO2) at an acceptable level, therefore, increasing her risk for inadequate cerebral perfusion. 15. Based on the foregoing, Respondent violated Section 464.018(1)(h), Florida Statutes (2007), by engaging in unprofessional conduct as defined by Rule 64B9-8.005(1)(e), Florida Administrative Code, to include negligence, either by omission or commission. Department of Health v, Victor Meaut, A.R.N.P. Page 3 Cease Number 2007-21474 ‘ J:\PSU\Nursing\Walt\AC’s\ARNP\AC_CRNA_Anecthesia_Meaut.doc Jun 23 2009 16:22 JUN-23-2889 17:64 AHCA P.@6 WHEREFORE, 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 any other relief that the Board deems appropriate. SIGNED this a day of Oc loos , 2008. onte Ros, M.D., M.P.H. General Walter T. g, Widener _ Assistant General Counsel DOH Prosecution Services Unit DEPARTMENT OF HEATH 4052 Bald Cypress Way, Bin C-65 CLERK a Tallahassee, FL 32399-3265 pare LO 2 LOFT Florida Bar Number 0037258 (850) 245-4640 (850) 245-4683 Fax PCP: PCP Members: _ L KIRKPA S BOWEn NICK 10/239 Department of Health v. Victor Meaut, A.R.NLP. Page 4 Case Number 2007-21474 4:\PSU\Nursing\Walt\AC’s\ARNP\AC_CRNA_Anesthesia_Meaut.doc Jun 23 2009 16:22 JUN-23-2889 17:84 AHCA Pa? 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. Department of Health v. Victor Meaut, A.R.N.P, Page 5 Case Number 2007-21474. J:\PSU\Nursing\Walt\AC’s\ARNP\AC_CRNA_Anesthesla_Meaut.doc

Docket for Case No: 09-003476PL
Issue Date Proceedings
Aug. 28, 2009 Order Closing File. CASE CLOSED.
Aug. 26, 2009 Joint Motion to Relinquish Jurisdiction filed.
Jul. 31, 2009 Notice of Serving Petitioner's Response to Respondent's First Request for Interrogatories and Production of Documents filed.
Jul. 29, 2009 Notice of Taking Telephonic Deposition (of V. Meaut) filed.
Jul. 28, 2009 Respondent's Notice of Serving Verified Answers to Petitioner's First Set of Interrogatories filed.
Jul. 27, 2009 Respondent's Response to Petitioner's First Request for Production of Documents (without certificate of service date) filed.
Jul. 27, 2009 Respondent's Notice of Serving Unverified Answers to Petitioner's First Set of Interrogatories filed.
Jul. 27, 2009 Respondent's Response to Petitioner's First Request for Admissions (without certificate of service date) filed.
Jul. 17, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 15, 2009; 11:00 a.m.; Ocala, FL).
Jul. 13, 2009 Joint Motion for Continuance Due to Unavailability of Petitioner's Expert Witness filed.
Jul. 09, 2009 Order of Pre-hearing Instructions.
Jul. 09, 2009 Notice of Hearing (hearing set for September 17, 2009; 11:00 a.m.; Ocala, FL).
Jul. 07, 2009 Respondent's Response to Initial Order filed.
Jul. 01, 2009 Petitioner's Response to Initial Order filed.
Jul. 01, 2009 Notice of Serving Interrogatories filed.
Jul. 01, 2009 Request to Produce filed.
Jun. 24, 2009 Petitioner's First Request for Interrogatories filed.
Jun. 24, 2009 Petitioner's First Request for Production of Documents filed.
Jun. 24, 2009 Petitioner's First Request for Admissions to Respondent filed.
Jun. 24, 2009 Notice of Serving Petitioner's First Request for Admissions, Interrogatories and Production of Documents filed.
Jun. 24, 2009 Initial Order.
Jun. 23, 2009 Notice of Appearance (filed by W. Miller).
Jun. 23, 2009 Notice of Appearance (filed by W. Widener).
Jun. 23, 2009 Answer to Administrative Complaint filed.
Jun. 23, 2009 Election of Rights filed.
Jun. 23, 2009 Administrative Complaint filed.
Jun. 23, 2009 Agency referral
Source:  Florida - Division of Administrative Hearings

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