Full Board draft minutes- October

The Florida

Board of Nursing

Meeting MinutesOctober 2‐4, 2013

Naples Beach Hotel 851 Gulf Shore Blvd N Naples, FL 34102

Lavigne A Kirkpatrick, BS, RN Chair

Linda Horton, EdD, PhD, MSN, NS‐C Vice Chair

Joe Baker, Jr. Executive Director

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Disciplinary Hearings & General Business

Thursday, October 3, 2013 at 8:30 am

Call to Order

The meeting was called to order at 8:30am by Lavigne Kirkpatrick, Chair.

Roll call

Board Members Present: Absent: Lavigne Ann Kirkpatrick Leonard Connors (excused) Linda Horton Ann-Lynn Denker Jessie Colin Cathy Oles Gordon Jody Bryant Newman Kathryn L. Whitson JoAnn Trybulski Elmira Gainey

Attorneys:

Lee Ann Gustafson, Senior Assistant Attorney General Rachel Clark, Assistant Attorney General Yolonda Green, Assistant General Counsel Casey Cowan, Assistant General Counsel Jodi-Ann Johnson, Assistant General Counsel

Board Staff:

Joe Baker, Jr., Executive Director Robert Johnson, Program Operations Administrator Amanda Bowen, Regulatory Supervisor Sherri Sutton-Johnson, Director of Nursing Education Janet Doke, Nurse Consultant Margaret Coburn, Nurse Consultant

A. Disciplinary Variables

1. Variables Report A motion was made by Colin to deny the Department’s request to amend the disciplinary variables. Motion was seconded and passed unanimously.

B. Reconsiderations None

C. Reinstatements and Compliance Issues CNA

1. Hall, Mattie; 2010-06354 Present and sworn; a motion was made by Colin to deny request for reinstatement. Motion seconded and passed with Denker in opposition.

RN/LPN/ARNP

1. Antonelli, Maria; 2007-15707 Present and sworn; a motion was made by Denker to approve with a V6A and a remedial course. Motion seconded and passed unanimously.

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2. Gregory-Hein, Regenia; 2010-00746 Present and sworn; a motion was made by Gainey to approve reinstatement. Motion carried with Colin, Whitson, Newman, Kirkpatrick in opposition. 3. Kirk, Lisa; 2012-02641 A motion was made by Denker to approve. Motion seconded and passed unanimously. 4. Prendergast, Robert; 2011-02644 Present and sworn; A motion was made by Denker to approve reinstatement. Motion was seconded and passed with Newman in opposition. 5. Pelikan, Cheryl; 2009-05280 A motion was made by Kirkpatrick to deny. Motion was seconded and passed unanimously. 6. Arias, Dairis Nancy; 2011-07382 Present and sworn; a motion was made by Gordon to approve with a V6A. Motion was seconded and passed with Newman in opposition. 7. Ward, Victoria; 2000-10593 A motion was made by Kirkpatrick to deny. Motion was seconded and passed unanimously. 8. Washington, Valerie; 2007-34266 and 2007-34268 No action taken

9. Kelly, Patricia; 2010-08389 A motion was made by Denker to deny. Motion was seconded and passed unanimously.

10. Renfort, Joseph; 2011-10248

A motion was made by Denker to approve reinstatement upon completion of a professional boundary course. Motion was seconded and passed unanimously.

D.RecommendedOrders

None

E. CNA Informal Hearings If the Respondent was present, the board, as appropriate, accepted unanimously the following motions: 1). The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2). The Department asks that you find that the Respondent was properly served and waived the right to a formal hearing (either by failing to respond at all or timely). 3). The Department asks that you adopt the findings of fact as set forth in the Administrative Complaint. 4). The Department asks that you adopt the conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act. If the Respondent was not present, the board, as appropriate, accepted unanimously the following motions: 1). The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2).The Department asks that you find that the Respondent was properly served and waived the right to a formal hearing (either by failing to respond at all or timely). 3). The Department asks that you adopt the findings of fact and conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act.

Recused Members: Claydell Horne and Stephen Bowen

1. Sannoh, Isata, CNA 186162 Case #2009-16452 File #477388 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $884.09 and a P3. Motion seconded and passed unanimously.

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Recused Members: Jody Bryant Newman and Claydell Horne 2. Phillips, Norma Estela, CNA 261989 Case #2013-04059 File #590758Present and sworn; a motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $68.19 and is placed on probation for two years with direct supervision and CE in legal aspects of nursing for CNAs. Motion seconded and passed unanimously.

3. Bradley, Allison, CNA 112618 Case #2013-04053 File #120730A motion was made by Kirkpatrick for permanent revocation. Motion seconded and passed unanimously.

1. Lewis, Yolanda J., CNA 180526 Case #2013-07888 File #425789A motion was made by Colin for permanent revocation. Motion seconded and passed unanimously.

Recused Members: Lavigne Kirkpatrick and Mary Jane Herrera 5. Mitchell, Demetra D., CNA 222449 Case #2013-00332 File #523135Case pulled

F. RN, LPN, and ARNP Informal Hearings If the Respondent was present, the board, as appropriate, accepted unanimously the following motions: 1). The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2). The Department asks that you find that the Respondent was properly served and waived the right to a formal hearing (either by failing to respond at all or timely). 3). The Department asks that you adopt the findings of fact as set forth in the Administrative Complaint. 4). The Department asks that you adopt the conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act.

If the Respondent was not present, the board, as appropriate, accepted unanimously the following motions: 1). The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2).The Department asks that you find that the Respondent was properly served and waived the right to a formal hearing (either by failing to respond at all or timely). 3). The Department asks that you adopt the findings of fact and conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act.

Recused Members: Barbara Kemp and Claydell Horne 1. Puller, Stacy Nicole, RN LPN, 9335318 & 5176494 Case #2013-01510 & 2013-02132 File #428005A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $809.63 and $109.34 and a V2. Motion seconded and passed unanimously.

Recused Members: Mary Jane Herrera and Lavigne Kirkpatrick 2. Sutherland, Crystal Lynn, LPN 5179114 Case #2013-02148 File #126062Present and sworn; a motion was made by Gordon to impose the following discipline: licensee is ordered to pay costs in the amount of $1422.02, 1 year probation and CEs in legal aspects, ethics, documentation and medication administration each four hours. Motion was seconded and passed unanimously.

3. Snyder, Leo James, RN 9179314 Case #2012-16582 File #265623A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $1471.72 with a V6A. Motion seconded. A motion was made by Colin to reconsider. Motion seconded and passed unanimously. A motion was made by Colin to dismiss. Motion seconded and passed unanimously.

4. Greene, Gwendolyn Kay, RN 9230053 Case #2012-18444 File #320051Present and sworn; a motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $ 367.73, Continuing Educations courses in Legal Aspects of Nursing (4hrs), Ethics (4hrs), Medication Administration (4hrs), and Documentation (4hrs) and a V6C. Motion seconded and passed unanimously.

Recused Members: Barbara Kemp and Mary K. Habgood 5. Spencer, Rhonda Leigh, RN 9275607 Case #2012-13369 File #372921A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $232.89 and a V1. Motion seconded and passed unanimously.

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Recused Members: Claydell Horne and Jody Bryant Newman 6. Rossetti, Roberta Claudia, RN 9223822 Case #2013-05193 File #316287

A motion was made by Gordon to dismiss the case. Motion seconded and passed unanimously.

Recused Members: Mary K. Habgood and Sandra Walker 7. Farrell, Nicole Lynn, RN 9354672 Case #2013-08012 File #462033 Present with attorney Ron Chapman; a motion was made by Denker to impose the following discipline: licensee is ordered to pay costs in the amount of $393.43 and a $250.00 fine. Motion seconded and passed unanimously.

Recused Members: Leonard Connors and Claydell Horne

8. Shim, Jennifer Anne, RN 9278283 Case #2012-11572 File #375074 Tabled to December meeting

Recused Members: Nancy Breen and Barbara Kemp

9. Brawley, William Bolling, RN 2687122 Case #2012-08345 File #132032 Continuance granted.

G. Licensure Informal Hearings CNA

1. Butts, Tissie; 4401/615424 A motion was made by Kirkpatrick to deny. Motion was seconded and passed unanimously. 2. Ross, Zaishus; 4401/594979 A motion was made by Kirkpatrick to deny. Motion was seconded and passed unanimously. 3. Taylor, Candice; 4401/616151 A motion was made by Kirkpatrick to deny. Motion was seconded and passed unanimously. 4. Edwards, Renee; 4401/382080 A motion was made by Kirkpatrick to deny. Motion was seconded and passed unanimously. 5. Boyer, Meghanne; 4401/600449 A motion was made by Kirkpatrick to deny. Motion was seconded and passed unanimously.

RN/LPN/ARNP

1. Chambers, Pamela; 1702/162596 A motion was made by Kirkpatrick to approve with a V6A and remedial course. Motion was seconded and passed with Colin in opposition. A motion was made by Colin to table cases 2, 3, 5, 6 until 1:00. Motion was seconded and passed unanimously.

2. Fequiere, Maria; 1701/464972 A motion was made by Gainey to deny. Motion seconded and passed unanimously.

3. Horfilla, Gerald; 1702/151075 A motion was made by Colin to deny. Motion seconded and passed unanimously.

4. Jimenez, Sara; 1701/250169 A motion was made by Kirkpatrick to deny. Motion seconded and passed unanimously.

5. Onyoni, Eunice; 1701/465116 A motion was made by Colin to deny. Motion seconded and passed unanimously.

6. Sande, George; 1701-467358 A motion was made by Denker to deny. Motion seconded and passed unanimously.

II. Other

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H. Practice Issues None

I. Advanced Practice Issues Protocols (E-Addendum)

1. Brimmo, Tasha; 9323713 2. Chevallier, Natalie; 3387692 3. Clay, Jennifer; 9182399 4. Dettbarn, Gisella; 9204956 5. Diaz, Elena; 2509622 6. Douglas, Julie; 3073102 7. Franko, Patricia; 3353352 8. Henderson, Micah; 9195240 9. Hirschfield, Howard; 2738332 10. Huska, Brittany; 9265357 11. Jackowski, Michelle; 9222044 12. Kindt, Kimberly; 9249045 13. McBreairty, Jennifer; 3307732 14. McGinn, Tracy; 1146392 15. Mitchell, Frankie; 9317181 16. Pasquale, Ann; 9245164 17. Pierce, Kimberly; 979942 18. Ray, Lindsey; 9272224 19. Rojas, Nina; 1818772 20. Rowlanda, Kimberly; 9239876 21. Simon, Saigi; 9252598 22. Stanley, Jennifer; 9218633 23. Storey, Maureen; 1084262 24. Tanner, Scott; 1707892 25. Trautman, Susan; 1064362

A motion was made by Denker to approve. Motion seconded and passed unanimously.

J. Special Education Issues None

K. Legislative Issues 1. SB 50 Rule Language

A motion was made by Denker to initiate rulemaking to give the public 3 minutes to speak at meetings and to require notice to staff if speaking for a group of 3 or more members. Motion seconded and passed unanimously.

L. Approval of Minutes Previous Board Meeting Minutes:

1. July 31, 2013 Credentials A Committee Minutes A motion was made by Horton to approve. Motion seconded and passed unanimously.

2. July 31, 2013 Education and Credentials B Committee Minutes A motion was made by Colin to approve. Motion seconded and passed unanimously.

3. August 1-2, 2013 Full Board Minutes A motion was made by Horton to approve. Motion seconded and passed unanimously.

Recommendations Current Meeting Credentials A Committee Recommendations Current Meeting Education and Credentials B Committee Recommendations

A motion was made by Kirkpatrick to approve. Motion seconded and passed unanimously.

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M.DeclaratoryStatements 1. Mellin, Leslie – Rule 64B9-8.005: Stating RN may administer prescribed pharmacologic agents and Rule 64B5-14.001-14.004:Nitrous Oxide inhalation analgesia A motion was made by Kirkpatrick to dismiss declaratory statement. Motion seconded and passed unanimously.

2. Walsh, Margaret – Nurse Practice Act, Section 464.003: As an advanced practice nurse, certified as a Psychiatric/Mental Health Clinical Nurse Specialist, may diagnose human responses A motion was made by Denker to approve declaratory statement. Motion was seconded and approved unanimously.

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Reconvene Disciplinary Hearings & General Business

Thursday, October 3, 2013 at 1:00 pm

N. Petitions for Hearing/Modification

None

O. CNA Informal Waivers If the Respondent was present, the board, as appropriate, accepted unanimously the following motions: 1). The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2). The Department asks that you find that the Respondent was properly served and waived the right to a formal hearing (either by failing to respond at all or timely). 3). The Department asks that you adopt the findings of fact as set forth in the Administrative Complaint. 4). The Department asks that you adopt the conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act. If the Respondent was not present, the board, as appropriate, accepted unanimously the following motions: 1). The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2).The Department asks that you find that the Respondent was properly served and waived the right to a formal hearing (either by failing to respond at all or timely). 3). The Department asks that you adopt the findings of fact and conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act.

Recused Members: Claydell Horne and Jody Bryant Newman

1. Hamilton, Qintavia L., CNA 124517 Case #2013-05067 File #395729 A motion was made by Kirkpatrick to impose the following discipline: V8. Motion seconded and passed unanimously. 2. Young, Patty J., CNA 194859 Case #2013-06109 File #484433 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $1,110.41 and a V6A. Motion seconded and passed unanimously. 3. Knight, Tammi L., CNA 107107 Case #2013-06255 File #22896 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $870.09 and a V6B. Motion seconded and passed unanimously.

Recused Members: Lavigne Kirkpatrick and Mary Jane Herrera

4. Pickett, Shakura Katoya, CNA 219882 Case #2013-01768 File #504073 – Case pulled. 5. Johnson, Carlos O., CNA 170605 Case #2012-16102 File #448428 A motion was made by Colin to impose the following discipline: V8. Motion seconded and passed unanimously. 6. Aguila, Rafael Martinez, CNA 17559 Case #2012-17814 File #383138 A motion was made by Colin to impose the following discipline: V8. Motion seconded and passed unanimously. 7. McBratney, Robert M., CNA 192355 Case #2012-09963 File #447030 A motion was made by Colin to impose the following discipline: V8. Motion seconded and passed unanimously. 8. Head, Jessica Marica, CNA 89959 Case #2012-16930 File #2012-16930 A motion was made by Colin to impose the following discipline: V8. Motion seconded and passed unanimously.

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9. Brewer, Heather A., CNA 244257 Case #2013-05275 File#412010 A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $1047.63 and a V6A. Motion was seconded and passed unanimously. 10. Brown, Cornelia G., CNA 231370 Case #2013-01767 File #333301 Case pulled

Recused Members: Sandra Walker and Mary K. Habgood

11. Hodge, Pamela G., CNA 249380 Case #2013-00603 File #571847 A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $1321.09 and a V6B. Motion was seconded and passed unanimously.

Recused Members: Claydell Horne and Leonard Connors

12. McAuliffe, Nicole C., CNA 256674 Case #2012-14772 File #581841 A motion was made by Kirkpatrick to impose the following discipline: V8. Motion seconded and passed unanimously. 13. Crews, Donna L., CNA 89924 Case #2012-10871 File #350504 A motion was made by Gainey to impose the following discipline: licensee is ordered to pay costs in the amount of $533.93 and a P3. Licensee is allowed to work in long term care. Motion seconded and passed unanimously. 14. Mansfield, Yasmine R., CNA 213141 Case #2012-16873 File #494522 A motion was made by Colin to impose the following discipline: V8. Motion seconded and passed unanimously.

Recused Members: Barbara Kemp and Claydell Horne

15. Weicht, Betty A., CNA 196122 Case #2012-12610 File #488872 A motion was made by Colin to impose the following discipline: V8. Motion seconded and passed unanimously. 16. Mrsic, Nizama, CNA 93722 Case #2013-03303 File #347516 A motion was made by Kirkpatrick to impose the following discipline: V8. Motion seconded and passed unanimously.

Recused Members: Claydell Horne and Sandra Walker 17. Leach, Katina L., CNA 155042 Case #2012-14150 File #415198 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $244.28 and issued a letter of concern.

P. RN, LPN, and ARNP Informal Waivers If the Respondent was present, the board, as appropriate, accepted unanimously the following motions: 1). The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2). The Department asks that you find that the Respondent was properly served and waived the right to a formal hearing (either by failing to respond at all or timely). 3). The Department asks that you adopt the findings of fact as set forth in the Administrative Complaint. 4). The Department asks that you adopt the conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act. If the Respondent was not present, the board, as appropriate, accepted unanimously the following motions: 1). The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2).The Department asks that you find that the Respondent was properly served and waived the right to a formal hearing (either by failing to respond at all or timely). 3). The Department asks that you adopt the findings of fact and conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act.

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Recused Members: Lavigne Kirkpatrick and Mary Jane Herrera 1. Westfall, Jan Marie, RN 9326302 Case #2013-03964 File #429097 A motion was made by Gainey to impose the following discipline: V8. Motion seconded and passed unanimously. 2. Allen, Carol L., RN 3113712 Case #2012-18696 File #176118 A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $1514.31 and V6B. Motion was seconded and passed unanimously. 5. Jaime, Terri L., LPN 1241381 Case #2012-17571 File #61717 A motion was made by Gainey to impose the following discipline: V8. Motion seconded and passed unanimously. 4. Roth, Misty Gayle, RN 9214131 Case #2013-00469 File #303343 A motion was made by Gainey to impose the following discipline: licensee is ordered to pay costs in the amount of $4937.84 and a V6A. Motion seconded and passed unanimously. 5. Horne, Cristin Jo, RN 9274600 Case #2012-12279 File #371603 A motion was made by Horton to impose the following discipline: licensee is ordered to pay costs in the amount of $490.25 and a V6B. Motion seconded and passed unanimously.

6. Anderson, Patricia Leigh, LPN 5161634 Case #2012-13708 File #106109 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $3035.27 and a V6A. Motion was seconded and passed unanimously. 7. Galati, Nancy Marie, RN 3269332 Case #2012-14411 File #192106

Continued

8. Pitzer, Mary Ruth, RN RN 9273660 Case #2013-00228 File #369290 A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $2013.77 and a V6A. Motion was seconded and passed unanimously. 9. Johnson, Barbara Lynn, RN 9299732 Case #2013-05304 File #398370 A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $2168.18 and a V6B. Motion was seconded and passed unanimously. 10. Bailey, Jessica Maria, RN 9299162 Case #2012-08970 File #397830 A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $2639.09, $250.00 fine and a V5F. Motion was seconded and passed unanimously. 11. Clark, Laura Ann, RN 9238235 Case #2012-18107 File #329925 Case Pulled 12. Shultz, Pamela Lynn, LPN 5203145 Case #2013-01511 File #151765 Case pulled 13. Facey-Biggs, Doreen, RN 9240766 Case #2013-00203 File #330996 A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $680.10 and a V6A. Motion seconded and passed with Trybulski and Gainey in opposition. 14. Lowe, Andria A., RN 9175122 Case #2012-18438 File #260936 A motion was made by Horton to impose the following discipline: licensee is ordered to pay costs in the amount of $1781.81 and a V6B. Motion was seconded and passed unanimously.

Recused Members: Claydell Horne and Linda Horton

15. Alderman, Stephanie Marie, LPN 5153137 Case #2011-04715 File #97362 A motion was made by Colin to impose the following discipline: licensee is ordered to pay costs in the amount of $597.40, probation for 1 year with standard terms and must maintain compliance with North Carolina recommendation. Motion seconded and passed unanimously.

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Recused Members: Sandra Walker and Claydell Horne 16. Abernathy, Shawntee Eunice, RN 9167584 Case #2012-11922 File#253245 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $3221.27 and a V6A. Motion seconded and passed unanimously. 17. Wade, Richard F., RN 9353514 Case #2012-18431 File #451160 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $194.60 and a V2. Motion seconded and passed unanimously.

Recused Members: Claydell Horne and Jody Bryant Newman

18. Newman, Kelly Rene, LPN 5198759 Case #2013-04533 File #148753 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $1536.83 and a V6B. Motion seconded and passed unanimously. 19. Tverberg, Justin Miles, RN 9343952 Case #2013-05869 File #445653 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $1821.45 and a V6B. Motion seconded and passed unanimously. 20. Higgins, Gary Brechen, RN 9189313 Case #2013-04582 File #276297 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $203.13 and a V2. Motion seconded and passed unanimously. 21. Christopher, James Charles, RN 3097382 Case #2012-18956 File#174441 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $1433.85 and a V2. Motion seconded and passed unanimously.

Recused Members: Mary K. Habgood and Barbara Kemp

22. Jones, Jr., Dwayne Richard, RN 9299423 Case #2012-13585 File#383802 A motion was made by Kirkpatrick to impose the following discipline: V8. Motion seconded and passed unanimously. 23. Williams, Paul Henry, RN 2080692 Case #2012-18656 File #93923 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $2337.38 and a V2. Motion seconded and passed unanimously.

24. McIntyre, Kevin Christopher, RN 9265614 Case #2012-01926 File#363049 A motion was made by Kirkpatrick to impose the following discipline: V8. Motion seconded and passed unanimously.

Recused Members: Leonard Connors and Claydell Horne

25. Lester, Tonya Leeann, RN 9208165 Case #2012-03608 File #298814 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $671.60 and a V2. Motion seconded and passed unanimously. 26. Satterfield, Tracie Carmen, RN 9330250 Case#2012-15550 File#417680 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $188.29 and a V2. Motion seconded and passed unanimously. 27. Starr, Debra Leah, LPN 5157319 Case#2012-10280 File#102342 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $232.33 and a V2. Motion seconded and passed unanimously.

Recused Members: Jessie Colin and Mary Jane Herrera

28. Shelton, Elizabeth A. Nordlund, LPN 869411 Case #2013-03902 File#24428 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $1249.26, $150.00 fine, probation for 1 year with direct supervision and CEs in legal aspects of nursing and ethics (8 hours). Motion seconded and passed unanimously. 29. Barth, Kristy Marie, RN 9233834 Cae#2012-18069 File#324419 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $2258.01 and a V6A. Motion seconded and passed unanimously.

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30. Stange, Lisa Lynn, RN 9272262 Case#2013-08017 File#369929 Case pulled

Recused Members: Mary K. Habgood and Sandra Walker

31. Ruttle, Elizabeth Anastasia, RN 9321697 Case#2013-06177 File#405171 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $1,595.09, V6C, probation 2 years with standard terms. Motion seconded and passed unanimously. 32. Collins, Susan Michelle, RN 9267192 Case #2013-03951 File #360539 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $ 916.13, and a V2. Motion seconded and passed unanimously. 33. Murray, Mary Teresa, RN 1850202 Case #2013-02280 File #71227 A motion was made by Kirkpatrick to impose the following discipline: licensee is ordered to pay costs in the amount of $3,376.27 and a V2. Motion was seconded and passed unanimously.

Recessed at 3:45pm.

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Discipline & General Business

Friday, October 4, 2013 at 8:30 am

Call to Order

Meeting was called to order at 8:30 by Lavigne Kirkpatrick, Chair.

Roll call

Board Members Present: Absent: Lavigne Ann Kirkpatrick Leonard Connors (excused) Linda Horton Ann-Lynn Denker Jessie Colin Cathy Oles Gordon Jody Bryant Newman Kathryn L. Whitson JoAnn Trybulski Elmira Gainey

Attorneys:

Lee Ann Gustafson, Senior Assistant Attorney General Rachel Clark, Assistant Attorney General Yolonda Green, Assistant General Counsel Casey Cowan, Assistant General Counsel Jodi-Ann Johnson, Assistant General Counsel

Board Staff:

Joe Baker, Jr., Executive Director Robert Johnson, Program Operations Administrator Amanda Bowen, Regulatory Supervisor Sherri Sutton-Johnson, Director of Nursing Education Janet Doke, Nurse Consultant Margaret Coburn, Nurse Consultant

A. CNA Motion to Vacate None

B. RN, LPN, and ARNP Motion to Vacate 1. Thorne, Daniel L; 2012-09660

A motion was made by Colin to vacate. Motion seconded and passed unanimously.

C. CNA Voluntary Relinquishments No Recused Members

A motion was made by Colin to approve the following voluntary relinquishments. Motion seconded and passed unanimously.

1. Albritton, Roger A., CNA 202003 Case #2013-07990 File #495535 2. Roberson, Brenda B., CNA 171241 Case #2013-10561 File #451657

Recused Members: Mary Jane Herrera and Jessie M. Collins A motion was made by Kirkpatrick to approve the following voluntary relinquishments.

Motion seconded and passed unanimously. 3. Bynum, Angela U., AKA Vigna, Angela U., CNA 225814 Case #2013-04775 File #485631

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Recused Members: Barbara Kemp and Mary K. Habgood

4. Byrne, Kevin P., CNA 208093 Case #2012-16325 File #504760

Recused Members: Mary K. Habgood and Sandra Walker A motion was made by Colin to approve the following voluntary relinquishments.

Motion seconded and passed unanimously. 5. Graves, Yvette, CNA 268031 Case #2013-07055 File #597603 6. Gillam, Catherine Christian, RN 9307136 Case #2013-02592 File #386190

Recused Members: Jody Bryant Newman and Claydell Horne

A motion was made by Kirkpatrick to approve the following voluntary relinquishment. Motion seconded and passed unanimously. 7. Steelman, Marc Nathan, RN 9294890 Case#2013-08754 File#394311

Recused Members: Mary Jane Herrera and Lavigne Kirkpatrick

A motion was made by Colin to approve the following voluntary relinquishment. Motion seconded and passed unanimously.

8. Kirdy, Angela B., CNA 226741 Case #2013-01760 File #469185

D. RN, LPN, and ARNP Voluntary Relinquishments No Recused Members

1. Sweet, Matthew Eric, RN 9342645 Case #2013-08401 File #447850 2. Lapine, Stacy Lee, RN, 9287673 Case #2013-08762 File #387195 3. Goodman, Donna, RN 901612 Case #2013-09434 File #236260 4. Jaissle, Jennifer Frances, RN 9338462 Case #2013-06512 File #432461 5. Taylor, Elizabeth Blair, RN 9300738 Case #2013-06176 File #400550 6. Mayo, Judy Catherine, RN 9207565 Case #2013-10549 File #293811 7. Gibson, Filomena S., RN 1943772 Case #2013-07730 File #79886 8. Fieser, Benedict Lee, LPN 1168751 Case #2013-10770 File #54280 9. Bonnett, Leanna Beatrice, RN 9302447 Case #2013-10061 File #401497 A motion was made by Kirkpatrick to approve voluntary relinquishments 1-9. Motion seconded and passed unanimously. 10. Margraf, Ann Logan, RN 859872 Case #2013-11852 File #233805- Moved to December meeting 11. Unsworth, Alana Lynn, LPN 5172312 Case #2013-11969 File #118111 12. Curtis, Claudia V., RN 2645402 Case #2013-08763 File #12775

Recused Members: Mary K. Habgood and Barbara Kemp 13. Dew, Suzanne Pafford, RN 2934062 Case #2013-03680 File #157535 A motion was made by Kirkpatrick to approve voluntary relinquishments 11-13. Motion seconded and passed unanimously.

Recused Members: Claydell Horne and Jody Bryant Newman 14. Carrico, Michelle Lynn, LPN 5168548 Case #2012-17073 File #112863 15. Kennedy, Anna K., LPN 5164640 Case #2013-01584 File #110170 16. Meeks, Irene, LPN 335031 Case #2013-04488 File #81887 A motion was made by Kirkpatrick to approve voluntary relinquishments 14-16. Motion seconded and passed unanimously.

Recused Members: Lavinge Kirkpatrick and Mary Jane Herrera

17. Sanborn, Jacquelyn, LPN 5162426 Case #2013-04801 File #108003 A motion was made by Gainey to approve voluntary relinquishment. Motion seconded and passed unanimously.

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E. CNA Settlement Agreements Recused Members: Lavigne Kirkpatrick and Mary Jane Herrera

1. Thorpe, Brian P., CNA 222538 Case #2012-16827 File #517795

A motion was made by Colin to approve the Settlement Agreement. Motion seconded and passed unanimously.

Recused Members: Claydell Horne and Barbara Kemp 2. Pepers, Sandy A., CNA 110491 Case#2012-18978 File#146414Case pulled

F.RN, LPN, and ARNP Settlement Agreements Recused Members: Mary K. Habgood and Barbara Kemp

1. Lanphier, Victoria Karen, RN 9237446 Case #2013-01589 File #3286052. Hall, Jessica, RN 9297629 Case#2013-02327 File#3965393. Jackson, Shaimarco T., LPN 5160335 Case #2013-01974 File#1045634. Janiak, Meaghan, RN 9251283 Case #2012-17713 File #345437

A motion was made by Kirkpatrick to approve 1-4. Motion seconded and passed unanimously.

Recused Members: Barbara Kemp and Lavigne Kirkpatrick 5. Milano, Michael Joseph, RN 9281458 Case #2013-02918 File #378297

A motion was made by Horton to approve. Motion seconded and passed unanimously.

Recused Members: Lavigne Kirkpatrick and Mary Jane Herrera 6. Stern, Renee Lorraine, LPN 5159405 Case# 2013-03692 File# 1045287. Starks, Dana M., RN 9351069 Case #2013-04223 File #4549438. Khulbe, Puja, RN 9252066 Case #2012-10154 File #346642

A motion was made by Horton to approve 6-8. Motion seconded and passed unanimously.

9. Peguero, Darline Sue, RN 3344322 Case #2012-01517 File #199941Present and sworn; licensee withdrew her settlement agreement and requested an informal hearing. The case will be sent for a formal hearing.

10. Abbott, Shanon Renee, RN 9281596 Case #2012-18221 File #37409911. Bayley, Arlene Andrea, LPN 5144823 Case #2012-17637 File #8611312. Gibbs, Trudy Lavette, LPN 5178808 Case #2012-18009 File #11863213. Shelton, Cassie S., RN 9328760 Case #2012-07478 File #42957014. Connell, Denise Ann, RN 2615782 Case #2012-06243 File #12469515. Caronia, Lisa Lyn, RN 9311677 Case #2012-11108 File #41302716. Jenkins, Kelly Ann, LPN 5199115 Case#2012-16431 File #149383

A motion was made by Horton to approve 10-16. Motion seconded and passed unanimously.

Recused Members: Mary Jane Herrera and Jessie Colin 17. Pinner, Martha Elizabeth, LPN 5199487 Case #2013-07572 File #15021518. Lindberg, Adrienne Lynne, LPN 377051 Case #2013-03986 File #8277819. McKee, Svitlana L., RN 9295077 Case #2013-03775 File #39208420. Baptiste, Andree Odette Jean, LPN 5202104 Case #2013-01385 File#14560621. Sims-McKoy, Amy Lynette, RN 3199442 Case #2013-08384 File #184998


Recused Members: Claydell Horne and Jody Bryant Newman 22. Cangiolosi, Angela Melissa, RN 9289692 Case#2013-02797 File #38777623. Rowe, Desiree Yvette, LPN 5150105 Case #2013-05362 File #9363524. Eskelund, Darlene Mary, RN 996611 Case #2012-17401 File #36686

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Recused Members: Mary K. Habgood and Sandra Walker 25. Ferguson, Pamela Jane, 2828972 Case #2013-00227 File #146652 p. 27345 26. Adams, Tina Joann, RN 2744352 Case#2013-05407 File#137897 27. Canzano, Pamela F. Sciavicco, LPN 876461 Case #2013-05483 File#24990 28. Merchant, Erica Leigh, RN 3323362 Case #2013-03341 File#197739 29. Bryant, Shelly Marie, RN 9201562 Case #2013-06998 File #291341 30. Palmer, Wendy Pickett, RN 9311278 Case #2013-03755 File #413133


Recused Members: Claydell Horne and Barbara Kemp

31. Johnson, Julia Vernise, RN 9304677 Case #2013-03248 File #398940 32. Dellinger, Keri Dedra, RN 9236218 Case #2012-10336 File #329499


Recused Members: Mary Jane Herrera, JoAnn Trybulski and Barbara Kemp

33. Moreno, Alexa Kaitlyn, ARNP 9190671 Case #2011-13466 File #279176 A motion was made by Kirkpatrick to approve. Motion seconded and passed unanimously.

Recused Members: Lavigne Kirkpatrick and Mary K. Habgood

34. Vetter, Elizabeth Helen, RN 2849742 Case #2013-02874 File #148851 A motion was made by Horton to approve. Motion seconded and passed unanimously.

II. Intervention Project for Nurses (IPN) Agenda

1. October 2-4, 2013 Agenda

State Report 1. July 2013 State Report 2. August 2013 State Report

IPN CE Outline

1. IPN CE Outline – discussed in Education and Credentials B committee. Vicki Fitzpatrick w/ IPN gave a verbal report about the items on the board agenda.

III. Board Reports

A. Chair Future Agenda Items

None

CORE Reports A. Volume III B. Volume IV Dr. Colin spoke about what CORE is and does. Dr. Colin requested that this topic be placed on the next agenda to allow the public and interested parties the opportunity to comment.

Update on MQA Board Chair/Vice Chair Long-Range Planning Meeting Ms. Kirkpatrick and Dr. Horton commented briefly on their participation in the meeting.

B.Members Dr. Colin discussed her attendance at the National League for Nursing Education Summit and highlighted

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their plans for obesity education, affordable healthcare act and promoting wellness in the state of Florida. She also mentioned three accrediting bodies in the country including the Commission on Collegiate Nursing Education (CCNE), the National League for Nursing Accrediting Commission (NLNAC) and the National League of Nursing (NLN) to be established by 2014. Dr. Denker discussed her attendance at Florida Nurse’s Association Membership Assembly and her participation in the Florida Action Coalition. Ms. Whitson shared her experience on the Florida Nurse’s Association Healthy Policy group to provide webinars in regards to educating nurses and the public with the healthcare reform act.

C.BoardCounsel Rules Report 1. September 2013 Rules Report Ms. Clark discussed the report. Ms. Gustafson informed the board she was invited to the University of West Florida to present a seminar of the laws and rules governing the profession of nursing. The education unit from the board office will attend to make a presentation as well. A motion was made by Kirkpatrick to approve the presentations. The motion was seconded and passed unanimously.

D. Prosecution Services Unit 1. Settlement Costs 2. PSU Report Ms. Greene discussed the report.

E. Executive Director Ratifications

A. Withdrawals A motion was made by Kirkpatrick to approve. The motion was seconded and passed unanimously. B. CE Providers

A motion was made by Kirkpatrick to approve. The motion was seconded and passed unanimously. C. Licenses Issued RN/ARNP license numbers from 9364679-9368672 LPN license numbers from 5210783-5211898 C.N.A. license numbers from 284319-287653

A motion was made by Kirkpatrick to approve. The motion was seconded and passed unanimously. D. Updated Applications for Board Approval

A motion was made by Kirkpatrick to approve. The motion was seconded and passed unanimously.

Renewal Report A. LPN Final Renewal Report – Informational

Cash Balance and Expenditures

A. Expenditures by Function– Informational

Continuing Education Integration Project A. LPN Optional Reporting Cycle– Informational

Mr. Baker verbally updated the board on the following items: He is attending the Nursing Summit in November and will facilitate the closing session. He also attended the NCSBN NCLEX and Leadership & Public Policy Conferences. Dr. Newman has been appointed as the new budget liaison. As Ms. Kirkpatrick referenced, a healthy weight liaison is needed by DOH to help craft the BON's message to the public on healthy weight. Duties would include attending meeting(s) with other parts of DOH and MQA to shape a healthy weight message and agenda from Florida's health professionals. Starting with the December meeting, all respondents will be noticed for 8:30am on Thursday.

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F. Delegations 1. DOA Memo to continue delegation of authority from the board to DOH staff due to Ms. Kirkpatrick’s election as chair- A motion was made by Kirkpatrick to approve. The motion was seconded and passed unanimously.

G. Compliance 1. Request for Write Off of Costs Associated with Revocation Final Orders A motion was made by Kirkpatrick to approve. The motion was seconded and passed unanimously. 2. Former Practitioners Revoked by BON and Costs were imposed by Final Order

A motion was made by Kirkpatrick to approve. The motion was seconded and passed unanimously. Dr. Colin requested the compliance unit to present an “historical perspective” report in December on disciplinary compliance rates from years past to the present. The board discussed having a discussion on Friday of the December meeting about nursing education in Florida. Staff will coordinate with the chair to finalize listing it on the agenda and reaching out to key stakeholders.

IV. Adjournment The meeting adjourned at 10:41am.

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For more information regarding board meetings please visit:

http://floridasnursing.gov/meeting‐information/

Or contact: Amanda Bowen Florida Board of Nursing

4052 Bald Cypress Way, Bin # C‐02 Tallahassee, FL 32399‐3252 Direct Line: (850) 245‐4176 Direct Fax: (850) 617‐6450

Email: [email protected]

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Credentials Summary of Conditions

CONTINUING EDUCATION Required within 6 months of licensure

PROBATION (P1) Standard terms

[A] Violate no laws [B] Report changes in address, employer, arrests, or violations of probation or orders from another jurisdiction [C] Quarterly self-reports [D] Quarterly nursing employer reports [G] Tolling

Direct supervision

[H] Direct supervision, regularly assigned unit, no employment by nurse registry, nurse employment agency or home health agency, no multiple employers or self- employment

IPN (V6) V6A - must sign IPN contract V6B - must have IPN evaluation and contract if recommended V6C - must have IPN evaluation and contract if recommended; if contract not recommended, probation

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Summary of Discipline

CONTINUING EDUCATION Required within 6 months of licensure

PROBATION (P3) Standard terms

[A] Violate no laws [B] Report changes in address, employer, arrests, or violations of probation or orders from another jurisdiction [C] Quarterly self-reports [D] Quarterly nursing employer reports [G] Tolling

Direct supervision

[H] Direct supervision, regularly assigned unit, no employment by nurse registry, nurse employment agency or home health agency, no multiple employers or self- employment C1

PROBATION (P4) Stayed suspension conditioned on compliance

IPN (V6) V6A - suspension until entry into IPN, suspension stayed while compliant V6B - suspension until IPN evaluation and contract if recommended, suspension stayed while compliant V6C - suspension until IPN evaluation and contract if recommended suspension stayed while compliant; if contract not recommended probation

SUSPENSION (V) V1 - suspend until appearance to demonstrate safety V2 - suspend until appearance to demonstrate safety with IPN coordinated evaluation V3 - suspend for a minimum period and thereafter until appearance to demonstrate safety with IPN coordinated evaluation V4 - suspend until fine and costs/bounced check paid V5A V5B V5F - suspend until compliant with previous final order

REVOCATION V8 - revocation

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Guidelines for Acceptable Disciplinary CE

CE AREA HOURS/OPTIONS TYPICAL CONTENT

Anger Management

4 hr 8 hr

• Definition, assessment, management of anger • Positive anger management tools • Resources

Assessment

2 hr 8 hr 40 hr full course

• Health History, including cultural assessment • Fundamental physical assessment techniques • Assessing body systems: Integumentary, Respiratory, Cardiac, Gastrointestinal, Reproductive, Musculoskeletal, Neurological

Critical Thinking

2 hr 8 hr

• Definition • Characteristics and skills that demonstrate critical thinking • Strategies to improve ability to think critically

Delegation

2 hr 8 hr

• Aspects that a nurse needs to consider when delegating • Professional roles that a nurse cannot delegate • Process for effective delegation

Documentation

2 hr 8 hr

• Process of charting • Common charting errors • Implications of poor record keeping • Emerging issues, i.e., faxes, computers, HIPAA • Legal case review

Ethics

2 hr 8 hr (may be combined with Legal Aspects)

• Ethical decision making • Concepts of beneficence, justice and autonomy • History of ethics in nursing • Common ethical issues/case review, frameworks • Resources

Legal Aspects

2 hr 8 hr (may be combined with Ethics)

• Nursing Practice Act: purpose and role of Board; definitions of advanced, professional, and practical nursing; scope of practice; grounds for disciplinary actions • Delegatio

n • Documentation & medical record keeping • Informed consent

LPN Supervision

30 hr

• Per 64B9-15 • Note: RNs may take this course; for CE credit for RNs, at least 2 hours must be on the RN role

Medication Administration

16 hr Supervised lab

• Standard abbreviations • Transcription of orders • Calculations, including pediatric dosages • Preparation and administration of oral, parental, intravenous medications, fluids • Legal responsibilities related to medication administration, observation, documentation, and record keeping • Common errors and strategies to avoid them

Pain Management

2 hr 8 hr

• Classifying acute and chronic pain • Assessment and reassessment strategies • Barriers to effective pain management; psychology of pain

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CE AREA HOURS/OPTIONS TYPICAL CONTENT • Pain intensity scales

• Pharmacological pain interventions • Non-pharmacological pain management • Interdisciplinary discharge planning • Patient/family education

Patient Rights

2 hr

• Specific rights protected by federal and state laws • Right to be informed • Right to exercise self-determination • Protection of personal privacy • Forms of abuse • Reporting violations

Pharmacology

16 hr 40 hr

• Classification systems • Drug forms, routes, actions, uses, precautions, interactions, and side effects • Computation and dosages • Asepsis • Resources

Professional Standards

Varies

• Programs on Standards from Professional Associations • Curriculums approved by Professional Associations • Examples (not limited to): Association of Operating Room Nurses, Association of Critical Care Nurses, American Nurses Association, Infusion Nurses Society, Oncology Nurses Association

Refresher Remedial Courses

80 didactic and 96 hours clinical

• All disciplinary board-ordered refresher or remedial courses require didactic and clinical components that are in compliance with 64B9-3.025. • Additional clinical hours in specialized or general areas may be specified

Universal Protocol

• Agency specific, agency provided in-services on JCAHO requirements for procedural timeout and other standards

Note: 2 & 8 hour courses offered by CE Providers; 40 hour courses may be offered by CE Providers but are more commonly part of a nursing program curriculum.

Full Board draft minutes- October

Documents

Transcript of Full Board draft minutes- October