COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Pamela R. Lynch, C.N.A., and in support thereof alleges:
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.
At all times material to this Complaint, Respondent was a
certified nursing assistant (C.N.A.) within the state of Florida, having been issued license number CNA 23561.
Filed September 19, 2011 4:15 PM Division of Administrative Hearings
Respondent's address of record is 11413 Perch Street, Hudson, Florida, 34669.
At all times material to this Complaint, Respondent was employed as a C.N:A. at the Tarpon Bayou Center (Center); a facility located in Tarpon Springs, Florida, that offered post-acute services, rehabilitative services, skilled nursing services and short- and long-term care.
On or about May 21, 2011, at approximately 7 p.m., Patient D.B., a 48-year-old incompetent and disabled female, was in the dining hall with several other patients. Patient D.S. suffered from Huntington's Chorea disease, which is a neurodegenerative disorder that results in involuntary muscle movements, cognitive decline and dementia.
At that time, several Center employees be_gan distributing snacks to the patients, however, Patient D.S.'s medical condition precluded her from eating solid foods.
Patient D.S. attempted to grab one of the snacks, and Respondent refused her efforts. Patient D.S. then attempted to get out of her chair to obtain the snacks, at which time Respondent placed her hands on Patient D.B.'s forehead and pushed the patient into the chair. Patient
DOH v. Pamela R. Lynch, C.N.A. 2
case No: 2011-09426
D.B. attempted to get out of her chair again, at which time Respondent placed her hands on the patient's shoulders and pushed her down into the chair. Respondent then pinned Patient D.B.'s hands and arms to the chair and sat on top of Patient D.B. in an effort to restrain her. Respondent sat on the patient for approximately 20 minutes.
When Patient _D.B. attempted to bite Respondent in an
apparent effort to . free herself from Respondent's physical restraint, Respondent grabbed Patient D.B.'s hair and pulled her head backward.
Respondent also told Patient D.B. to not "forget who is caring for you tonight," implying that Respondent may withhold care from the patient.
Respondent then offered other patients multiple snacks in an effort to tease and cause distress to Patient D.B.
During a separate incident on or about May 22, 2011, Respondent yelled obscenities at Patient D.B., physically held down the patient's legs and pushed Patient D.B.'s chair underneath table so that she could not raise her legs.
Patient D.B. became agitated and began pulling at her dress and diaper, at which time Respondent then sat in a chair next to Patient
DOH v. Pamela R. Lynch, C.N.A. Case No: 2011-09426
D.B. and placed her legs on top of the patient. Respondent also yelled at and directed obscenities toward Patient D.B.
A subsequent medical evaluation of Patient D.B. revealed bruising on her inner arm, knees, left and right pelvis areas, underneath the inside of her left upper arm, and her chest, which are injuries indicative of abuse and consistent with being inappropriately restrained.
Respondent was arrested on or about May 25, 2011, on charges of abuse or neglect of an aged or disabled person.
Section 464.204(1)(b), Florida Statutes (2010), subjects a
C.N.A. . to discipline, including suspension, for intentionally violating any provision of Chapters 464 and 456, Florida Statutes, or the rules adopted by the board. -
COUNT ONE
Petitioner realleges and incorporates paragraphs 1 through 15, as if fully set forth herein.
Section 464.018(1)(n), Florida Statutes (2010), subjects a licensee to discipline for failing to meet minimal standards of acceptable and prevailing nursing practice.
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case No: 2011-09426
As set forth above, Respondent failed to meet minimal standards of acceptable and prevailing nursing practice by intentionally placing her hands on Patient D.B.'s forehead and pushing the patient into the chair; intentionally pinning Patient D.B.'s hands and arms to the chair; intentionally sitting upon the patient as a method of restraining her; intentionally placing her legs over the patient as a method of restraining her; intentionally grabbing Patient D.B.'s hair and pulling her head backward; intentionally yelling at and directing obscenities toward Patient D.B.; implying to Patient D.B. that she may withhold care; and intentionally agitating Patient D.B by teasing her with solid foods that she was unable to eat.
Based on the foregoing, Respondent violated Section
464.204(1)(b), Florida Statutes (2010), by intentionally violating Section 464.018(1)(n), Florida Statutes (2010), by failing to meet minimal standards of acceptable and prevailing nursing practice.
DOH v. Pamela R. Lynch, C.N.A. 5
Case No: 2011-09426
COUNT TWO
Petitioner realleges and incorporates paragraphs 1 through 15, as if fully set forth herein
Section 464.018(1)(h), Florida Statutes (2010), subjects a licensee to discipline for engaging in unprofessional conduct, as defined by board rule.
Rule 6489-8.005, Florida Administrative Code, defines "unprofessional conduct", in part, as:
* * *
Using force against a patient, striking a patient, or throwing objects at a patient;
Using abusive, threatening or foul language in front of a patient or directing such language toward a patient.
Respondent violated Rule 6489-8.005(14), Florida Administrative Code, by intentionally placing her hands on Patient D.B.'s forehead and pushing the patient into the chair; intentionally pinning the patient's hands and arms to the chair; intentionally sitting upon the patient as a method of restraining her; intentionally placing her legs over the patient as a method of restraining her; and intentionally grabbing Patient D.B.'s hair and pulling her head backward.
Respondent also violated Rule 6489-8.005(15), Florida Administrative Code, by yelling at and directing obscenities toward Patient
D.B. and implying that she may withhold care from the patient.
Based on the foregoing, Respondent violated Section 464.204(1)(b), Florida Statutes (2010), by intentionally violating Rule 64B9-8.005(14), Florida Administrative Code, by using force against a patient and us·ing abusive and threatening language toward a patient.
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.
H. Frank Farmer, Jr., M.D., Ph.D. State Surgeon General
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.
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.
