STATE OF FLORIDA BOARD OF NURSING DEPARTMENT OF HEALTH, PETITIONER, v. - CASE NO. 2018-19924 KATHERINE DARLENE JUDAH, 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, Katherine Darlene Judah, L.P.N., and in support thereof alleges: 1. Petitioner is the state agency 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 Administrative . Complaint, Respondent was a licensed practical nurse (L.P.N.) within the state of Florida, having been issued license number PN 5205565. 3.. Respondent’s address of record is 4045 Audiss Road, Milton, Florida 32583. She may also be located at 5386 Board Street, Milton, Florida 32570. 4. At all times material to this Complaint, Respondent was employed at Santa Rosa Health and Rehabilitation Center (SRHRC), located in Milton, Florida. . 5. At all times material to this Complaint, Patient D.K., an 85-year- old male suffering from dementia, diabetes, and hypertension, was a resident of SRHRC. Patient D.K. required assistance with all of his activities of daily living and required a wheelchair to ambulate. 6. On or about August 17, 2018, Respondent stood behind Patient D.K.’s wheelchair with her arm around Patient D.K.’s neck and her elbow under Patient D.K.’s chin. 7. Respondent pulled her arm that was around Patient D.K.’s neck toward her chest in such a manner that Patient D.K.’s head was forced backward to the extent that his face pointed up toward the ceiling. 8. | Respondent was separated from Patient D.K. Department of Health v. Katherine Darlene Judah, L.P.N. Page 2 of 5 Case Number 2018-19924 : : 9. Respondent re-approached Patient D.K.’s wheelchair from behind and grabbed and/or twisted the skin on the back of Patient D.K.'s neck. Respondent also grabbed and/or pinched Patient D.K.'s ear. 10. As a result of this incident, Patient D.K.’s shoulders, chin, neck, and throat areas were all very red, and he sustained two raised scratches on the left side of his neck. 11. Section 464.018(1)(h), Florida Statutes (2018), provides that unprofessional conduct as defined by board rule constitutes grounds for disciplinary action. 12. Rule 64B9-8.005(13), Florida Administrative Code, provides that unprofessional conduct includes using force against a patient, striking a patient, or throwing objects at a patient. - 13, Respondent. engaged in unprofessional conduct on or about August 17, 2018, by using force against Patient D.K. 14. Based on the _ foregoing, Respondent violated Section 464.018(1)(h), Florida Statutes (2018), by engaging in unprofessional conduct as defined by Rule 64B9-8.005(13), Florida Administrative Code. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: Department of Health v. Katherine Darlene Judah, L.P.N. Page 3 of 5 Case Number 2018-19924 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 30th _ day of October ___, 2018. Celeste Philip, MD, MPH State Surgeon General and Secretary _ls/ Lindsey H, Frost. LINDSEY H. FROST Assistant General Counsel Fla. Bar No. 109766 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9841 DEPARTMENT OF HEALTH ' Facsimile: (850) 245-4683 CLERK Aneaisunders Email: lindsey.frost@flhealth.gov DATE oct 31 2018 PCP: 10/30/2018 PCP Members: Paschall (Chair) & Raymond Department of Health v. Katherine Darlene Judah, L.P.N. Page 4 of 5 Case Number 2018-19924 . 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. Katherine Darlene Judah, L.P.N. Page 5 of 5 Case Number 2018-19924

Docket for Case No: 19-001373PL