STATE OF FLORIDA BOARD OF RESPIRATORY CARE DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO. 2018-25430 MARY KELLEY, C.R.T., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Respiratory Care (hereinafter Board) against Mary Kelley, CRT, and alleges: 1. Petitioner is the state department charged with regulating the practice of Respiratory Care pursuant to section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 468, Florida Statutes. 2. At all times material to this Complaint, Respondent was a certified respiratory therapist in the State of Florida, having been issued license number CRT 10440. 3. | Respondent’s address of record is 20480 CR 37, Lake City, Florida 32024. 4. At all times material to this complaint, Respondent was employed at Shands Lake Shore Regional Medical Center (SLSRMC) in Lake City, Florida. 5. Onor about August 16, 2018, patient S.S., a then-seventy-two- year-old female, was admitted to SLSRMC by the pulmonologist with complaints including acute respiratory failure, COPD exacerbation, and/or pulmonary infection. 6. Onor about August 27, 2018, Respondent was assigned to care for patient S.S. 7. Patient S.S.’s physician Dr. C. entered a verbal order for patient S.S. to be intubated at about 0300 on August 27, 2018. 8. Respondent did not document ventilator settings or adjustments between 0300 and 0610. 9. Respondent was _ responsible for charting/documentation regarding placing the patient on a ventilator, ventilator settings, changes made to ventilator settings, and informing the physician of critical changes in the patient’s condition. Department of Health v. nay Kelley, CRT DOH case no. 2018-25430 10. Respondent failed to chart ventilator events including but not limited to: placing the patient on the ventilator; initial patient response to the ventilator; initial peak inspiratory pressure (PIP); breath sounds; O02 saturation; presence or absence of spontaneous respirations; events surrounding the second cardiac arrest; and/or any written record of the ventilator changes that were made. 11. Respondent indicated that she “tweaked” settings, but such attempts were not documented and were not followed by physician’s orders in the record. 12. Respondent encountered difficulties in ventilating the patient at normal pressures. 13. Respondent increased the peak pressure setting to extremely high levels when the alarm sounded. 14. Respondent failed to document addressing the problem with ventilating the patient and/or the ventilator settings at high peak inspiratory pressures with the physician, such that she was sure the physician understood the urgency. Department of Health v. Mary Kelley, CRT DOH case no. 2018-25430 COUNT I 15. Petitioner realleges and incorporates paragraphs one through thirteen (13) as if set forth herein. 16. Section 468.365(1)(t), Florida Statutes (2018), provides that failing to keep written respiratory care records justifying the reason for the action taken by the licensee constitutes grounds for disciplinary action. 17. As set forth above, on or about August 27, 2018, Respondent failed to keep written records justifying respiratory care treatment of patient S.S. 18. Based on the foregoing, Respondent has violated Section 468.365(1)(t), Florida Statutes (2018). COUNT II 19. Petitioner realleges and incorporates paragraphs one through thirteen (13) as if set forth herein. 20. Section 468.365(1)(f), Florida Statutes (2018), provides that unprofessional conduct, which includes, but is not limited to, any departure from, or failure to conform to, acceptable standards related to the delivery of respiratory care services, as set forth by the board in rules adopted pursuant to this part, constitutes grounds for disciplinary action. Department of Health v. Mary Kelley, CRT DOH case no. 2018-25430 21. Rule 64B32-5.003(2), Florida Administrative Code, defines acceptable standards as practicing respiratory care with the level of care, skill, and treatment which is recognized by a reasonably prudent respiratory therapist as being acceptable under similar conditions and circumstances. 22, As set forth above, on or about August 27, 2018, Respondent failed to meet acceptable standards in her care of patient S.S. in one or more of the following ways: a. Respondent failed to document care provided to patient S.S.; b. Respondent failed to communicate the urgency of patient S.S.’s change in condition to the physician; and/or c. Respondent failed to properly address ventilator alarm settings. 23. Based on the foregoing, Respondent has violated section 468.365(1)(f), Florida Statutes (2018). WHEREFORE, the Petitioner respectfully requests that the Board of Respiratory Care enter an order imposing one or more of the following penalties: permanent revocation or suspension of license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, Department of Health v. Mary Kelley, CRT DOH case no, 2018-25430 placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems appropriate. SIGNED this _4th_ day of _ February _, 2020. Scott A. Rivkees, MD State Surgeon General [t/ Aan L, Prescott Ann L. Prescott Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, FL 32399-3265 aera Florida Bar #92974 Te FER 0 4 2020 Telephone: (850) 558-9886 Fax: (850) 245-4662 Email: Ann.Prescott@flhealth.gov PCP: 2/4/2020 PCP Members: Roberto Garcia (chair) & Bayyinah Sherod Department of Health v. Mary Kelley, CRT DOH case no. 2018-25430 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. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. 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. Mary Kelley, CRT DOH case no. 2018-25430

Docket for Case No: 20-002106PL