Petitioner: DEPARTMENT OF HEALTH, BOARD OF NURSING
Respondent: LYNDA DIANE COLEMAN
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Port Charlotte, Florida
Filed: Oct. 15, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 4, 2009.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner,
Case No. 2008-14146
Vv.
LYNDA DIANE COLEMAN, R.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, Lynda Diane Coleman, R.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
registered nurse (R.N.) within the state of Florida, having been issued
license number RN 1076851.
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3. Respondent's address of record is 21020 Riddle Ave., Port
Charlotte, FL 33954.
4, Respondent is licensed pursuant to Chapter 464, Florida
Statutes, and is a health care practitioner as defined in Section 456.001(4),
Florida Statutes,
2. At all times material to this Complaint, Respondent worked as a
R.N. at Douglas T. Jacobson State Veteran’s Nursing Home (Veteran’s
Home) located in Port Charlotte, Florida.
6. At Veteran’s Home, a Controlled Substance Record of Use
(controlled drug sheets) is delivered from the pharmacy with each
controlled prescription for a patient in order to track the removal and
administration of the controlled substances. These sheets are used to keep
a running total of what drugs remain for each patient by listing the amount
given, the amount on hand, the date, and the time administered.
7. The number of controlled drug sheets is monitored and
maintained on a narcotic log in order to track what how many different
medications are on the floor ready for patient administration. If a new
prescription is received, the number of controlled drug sheets received is
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recorded in the “additions” section and the sheet is added to the total on
- the Narcotics Log. -
8. When a prescription is completed, the completed controlled
drug sheet is returned to the pharmacy along with labels that are removed
from the medications and any refill request forms if necessary. The
controlled drug sheets are placed in the pharmacy bin to be delivered to
the pharmacy for correct documentation.
9. The number of controlled drug sheets being sent to the
pharmacy is recorded in the “subtractions” section of the Narcotics Log.
This number is then subtracted from the total amount of medications
available on the narcotics log. At the end of each shift, the nurse holds an
“end count” in which she records the number of controlled drug sheets
remaining on the floor.
10. On or about May 24, 2008, Respondent worked the 3:00 p.m.
to 11:00 p.m. shift at Veteran’s home. )
11. On or about May 24, 2008, the narcotics log indicates that at
the start of the 7:00 a.m. to 3:00 p.m. shift there were fourteen (14)
controlled drug sheets, and thirteen (13) narcotics sheets at the end of the
shift due to the return of one controlled drug sheet to the pharmacy.
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12. On or about May 24, 2008, the narcotics log indicates that at
the start and end of the 3:00p.m. to 11:00 p.m. shift there were twelve
(12) controlled substances sheets. Respondent recorded the number in
blue ink.
13. Respondent, using blue ink, wrote over the number thirteen
(13), which was recorded in black ink-at the end of the 7:00 a.m. to 3:00
p.m. shift, marking a number twelve (12).
14. Respondent received another control drug sheet and
medication for a patient at the beginning of her shift.
15. At the completion of the 3:00 p.m. to 11:00 p.m. shift, the
Narcotics log should have reflected fourteen (14) controlled drug sheets.
16. After Respondent left her shift, the nurse who worked the
11:00 p.m. to 7:00 a.m. shift found two medication labels attached to the
side of the pharmacy bin in the medication room, with no corresponding
controlled drug sheets to indicate what happened to the medications.
17. One of the labels was for Patient E.H.’s Vicodin which was
originally delivered on May 7, 2008.
18. Vicodin contains hydrocodone and is prescribed to treat pain.
According to Section 893.03(3), Florida Statutes, hydrocodone, in the
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dosages found in Vicodin, is a Schedule III controlled substances that has a
potential for abuse less than the substances in Schedule I and JI and has a
currently accepted medical use in treatment in the United States, and
abuse of the substance may lead to moderate or low physical dependence
or high psychological dependence.
19. Based on Patient E.H.’s Medication Administration Records
(MAR), Patient E.H. should have had seventeen (17) tablets of Vicodin
remaining in his prescription
20. The other label was for Patient C.M.’s Percocet which was
delivered on March 3, 2008.
21. Percocet is the brand name for a drug that contains oxycodone
and is prescribed to treat pain. According to Section 893.03(2), Florida
statutes, oxycodone is a Schedule II controlled substance that has a high
potential for abuse and has a currently accepted but severely restricted
medical use in treatment in the United States, and abuse of oxycodone
may lead to severe psychological or physical dependence.
22. On or about May 25, 2008, the day shift nurse was unable to
locate the missing controlled drug sheets for these two prescriptions, and
reported the drugs as missing.
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23. When asked about the missing sheets and medications,
Respondent indicated that she administered the final tablet of Vicodin to
Patient E.H., and the final Percocet to Patient C.M.
24. Respondent indicated that she placed the labels on the
pharmacy bin and turned the controlled drug sheets over in the narcotic
book, assuming that the drugs would be re-ordered without verifying that
they were re-ordered.
25. Respondent failed to record the administration of Vicodin to
Patient E.H. in his MAR on or about May 24, 2008.
26. Respondent failed to record the administration of Percocet to
Patient C.M. in his MAR on or about May 24, 2008.
27. Section 464.018(1)(h), Florida Statutes (2007), provides that
unprofessional conduct, as defined by board rule, constitutes grounds for
discipline.
28. Rule 64B9-8.005(1)(a), Florida Administrative Code, provides
that unprofessional conduct includes inaccurate recording.
29. Respondent engaged in unprofessional conduct to include
inaccurate recording in one or more of the following ways:
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a. Respondent failed to properly document the
administration of Vicodin to Patient E.H. on or about May
24, 2008;
b. Respondent failed to properly document the
administration of Percocet to Patient C.M. on or about
May 24, 2008;
30. 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)(a), Florida Administrative Code,
to include inaccurate recording.
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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 any other relief that the
Board deems appropriate.
SIGNED this Ow day a Decuuben 2008.
Ana M. Viamonte Ros, M.D., M.P.H.
State Surgeon General
Curnexs
Anntionette Smith
Assistant General Counsel
DEPAR IMENT ¢ of HEALTH DOH Prosecution Services Unit
DEPUTY CLEP 4052 Bald Cypress Way, Bin C-65
CLERK ate Tallahassee, Florida 32399-3265
DATE Florida bar Number 0615951
(850) 245 - 4640 Telephone
(850) 245 — 4683 Facsimile
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Department of Health v Lynda Coleman &
Case Number: 2008-14146
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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.
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Docket for Case No: 09-005630PL
Issue Date |
Proceedings |
Dec. 04, 2009 |
Order Closing File. CASE CLOSED.
|
Dec. 04, 2009 |
CASE STATUS: Motion Hearing Held. |
Dec. 02, 2009 |
Notice of Telephonic Motion Hearing (motion hearing set for December 4, 2009; 2:00 p.m.).
|
Dec. 01, 2009 |
Amended Witness List filed.
|
Dec. 01, 2009 |
Exhibit List (exhibits not attached) filed.
|
Dec. 01, 2009 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Nov. 30, 2009 |
Order Denying Motion to Deem Admitted and to Relinqiush Jurisdiction.
|
Nov. 30, 2009 |
CASE STATUS: Motion Hearing Held. |
Nov. 24, 2009 |
Petitioner's Motion to Deem Admitted and to Relinquish Jurisdiction Based on Responent's Failure to Dispute Issue of Material Fact filed.
|
Nov. 13, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for December 9, 2009; 9:00 a.m.; Port Charlotte, FL).
|
Nov. 13, 2009 |
CASE STATUS: Motion Hearing Held. |
Nov. 10, 2009 |
Notice of Telephonic Motion Hearing (motion hearing set for November 13, 2009; 2:00 p.m.).
|
Nov. 09, 2009 |
Notice to the Court filed.
|
Nov. 09, 2009 |
Witness List filed.
|
Nov. 09, 2009 |
Petitioner's Motion for Continuance of Final Hearing filed.
|
Nov. 02, 2009 |
Order Granting Motion for Leave to Amend Administrative Complaint.
|
Oct. 28, 2009 |
Order of Pre-hearing Instructions.
|
Oct. 28, 2009 |
Notice of Hearing (hearing set for November 20, 2009; 9:00 a.m.; Port Charlotte, FL).
|
Oct. 21, 2009 |
Petitioner's First Request for Admissions to Respondent filed.
|
Oct. 21, 2009 |
Petitioner's First Request for Production of Documents filed.
|
Oct. 21, 2009 |
Petitioner's First Request for Interrogatories filed.
|
Oct. 21, 2009 |
Notice of Serving Petitioner's First Request for Admissions, Interrogatories and Production of Documents filed.
|
Oct. 21, 2009 |
Amended Administrative Complaint filed.
|
Oct. 21, 2009 |
Petitioner's Motion for Leave to Amend Administrative Complaint filed.
|
Oct. 20, 2009 |
Notice of Appearance (of W. Miller) filed.
|
Oct. 20, 2009 |
Unilateral Response to Initial Order filed.
|
Oct. 15, 2009 |
Initial Order.
|
Oct. 14, 2009 |
Notice of Appearance (filed by R. Brown-Blake).
|
Oct. 14, 2009 |
Election of Rights filed.
|
Oct. 14, 2009 |
Notice of Scrivener's Error filed.
|
Oct. 14, 2009 |
Administrative Complaint filed.
|
Oct. 14, 2009 |
Motion to Re-open filed. (FORMERLY DOAH CASE NO. 09-3573PL)
|
Jul. 07, 2009 |
Administrative Complaint filed.
|
Jul. 07, 2009 |
Election of Rights filed.
|
Jul. 07, 2009 |
Agency referral filed.
|
|
CASE STATUS: Motion Hearing Held. |
|
CASE STATUS: Motion Hearing Held. |