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STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

Petitioner,

v. Case No. 2009-11829

THERESA MARIE FOX, R.N.,

---------'

Respondent.

ADMINISTRATIVE COMPLAINT

COMES NOW1 Petitioner, Department of Health, by and through its undersigned counsel and files this Administrative Complaint before the Board of Nursing against Respondent, Theresa Marie Fox, 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 C'R.N.") in the State of Florida, having been issued license number RN 1560162.

3. Respondent's address of record is 314 Como Street, Tampa,

   
   

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   Florida 33606.

   
   

4. At all times material to this complaint, Respondent was employed as an RN at Home Health Corporation of America (HHCA).

5. At all times material to this complaint MS, an 88 year old female, was a patient of HHCA.

6. On or about January 2, 2009, HHCA began to provide home

   
   

   health care to MS after surgery.

   
   

7. On or about January 13, 2009, a licensed practical nurse documented that MS' home visit was missed because the patient was hospitalized. It was further documented that the Subject was notified.

8. On or about January 14, 2009, the Subject documented care

   
   

   for MS from 9:20 to 10:20.

   
   

9. The Subject documented mileage of 12 miles, as well as assessment, vital signs, and skilled nursing services provided.

10. On or about January 15, 2009, the Subject documented care for MS from 12:20 till 1:00.

11. The Subject documented mileage of 9 miles, as well as assessment, vital signs, and skilled nursing services provided.

12. On or about January 14, 2009, MS was hospitalized at St.

Department of Health v. Theresa Marie Pox, R.N. case Number: 2009-11829

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Joseph's Hospital located in Tampa, Florida. MS was not released until January 19, 2009.

13 MS did not resume care with HHCA until January 20, 2009.

1. Section 464.0lB(l)(n), Florida Statutes (2008), piovides that failing to meet minimal standards of acceptable and prevailing nursing practice constitutes grounds for disciplinary action by the Board of Nursing.

2. Rule 6489-8.005(2)(a), Florida Administrative Code, provides

   
   

   that failing to meet minimal standards of acceptable and prevailing nursing practice includes falsifying or altering of patient records or nursing progress records, employment applications or time records.

3. As set forth above, Respondent failed to meet minimal

   
   

   standards of acceptable and prevailing nursing practice by falsifying and/or altering entries in M.S.'s Clinical Visit Note(s).

4. Based on the foregoing, Respondent violated Section 464.018(1)(n), Florida Statutes (2008), by failing to meet minimal standards of accept.able and prevailing nursing practice, as defined by Rule 6489-8.005(2)(a), Florida Administrative Code, to include falsifying or

altering of patient records or nursing progress records, employment applications or time records.

Department of Health v. Theresa Marie Fox, R.N.

Case Number: 2009-11829

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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

FILED DEPARTMENT OF HEALTH

�

n - E!'f Y C)j:._RK-'- _

CLERK-.u "-f"ff".

DATE / / z.:z-12.DlO

Maj S. Aol,man

Assistant General Counsel DOH-Prosecution Services Unit

4052 Bald Cypress Way, Bin C-65

Tallahassee, FL 32399-3265

Florida Bar #0674648

(850) 245-4640 Telephone

(850) 245-4683 Facsimile

PCP: January 21, 2010

PCP Members: N. Br-een & B. Kemp

/MSH

Department of Health v. Theresa Marie Fox, R.N. case Number: 2009-11829

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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.

DOH v. Theresa Marie Fox, R.N. Case No. 2009-11829

Department of Health v, Theresa Marie Fox, R.N.

Case Number: 2009-11829

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Docket for Case No: 11-000673PL