STATE OF FLORIDA BOARD OF NURSING DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: License No.: NADINE A. LANK FORD MCNEW, Respondent. FINAL WORDEE Final Order No. - MQA FILED DATEAPR I 6 2014 Department of Health 20l3w10428 PN 427911 THIS CAUSE came before the BOARD (Board) pursuant to Sections 120.569 and Florida Statutes, on.April 4, 2014, in Ponte Vedra, Florida, for the purpose of considering a voluntary Petitioner has filed an Administrative Complaint seeking disciplinary action.against the license. A copy'of the.Administrative Complaint is attached133and made a part of this Final Order as Exhibit B. Upon.consideration of the voluntary relinquishment, the documents submitted in support thereof, the arguments of the parties, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the voluntary relinquishment is accepted as a resolution of this case. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this _w day Of 2014. BOARD OF NURSING Joe RE/Baker, Jr. Q5 Execu ive Director for Lavigne Ann Kirkpatrick, BS, RN Chair CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to NADINE A. LANK FORD MCNEW, 15524 Lake Bella Vista Drive, Tampa FL 33625; and by interoffice delivery to and by interoffice delivery to Lee Ann Gustafson, Senior Assistant Attorney General, Department of Legal Affairs, The Capitol, Tallahassee FL 32399~1050, Departmentlof Health~PSU, 4052 Bald Cypress Way, Bin C-65, Tallahassee, Florida 95? 32399?3265 this day of i 2014. I may Agency Clerk Case No. 2013?10428 STATE OF DEPARTMEW 0? HEALTH DEPARTMENT OF HEALTH, Petitioner, v. CASE N0. 2013-40428 NADINE A. LANKFORD MCNEW, L.P.N., Reispondent. VOLUNTARY REHROUIQWEEWT GF LICENSE Respondent, NADINE A. MENEW, license number 427911, hereby voluntarily relinquishes Respondent?s license to practice nursing in the State of Florida and states as follows: 1. Respondents purpose in executing this Voluntary Relinqulshment is to avoid further administrative action with respect to this case. Respondent understands that acceptance by the Board of Nursing (hereinafter the Board) of this Voluntary Relinouishment shall be construed as disciplinary action against Respondent?s license pursuant to Section Florida Statutes. As with any disciplinary action, this relinquishment will be reported to the National Practitioner?s Data Bank. Licensing authorities in other states may impose discipline in their jurisdiction based on discipline taken in Florida. 2. Respondent agrees to voluntarily cease practicing nursing immediately upon executing this Voluntary Relinquishment. Respondent further agrees to refrain from the 6 practice of nursing until such time as this Voluntary Relinquishment is presented to the the Board issues a written Final Order in this matter. 3. In order to expedite consideration and resolution of this action by the Board in a public meeting, Respondent, being fully advised of the consequences of so doing, hereby waives the statutory privilege of con?dentiality of Section Florida Statutes, and waives a determination of probable cause, by the Probable Cause Panel, or the Department when appropriate, pursuant to Section Florida Statutes, regarding the complaint, the investigative report of the Department of Health, and all other information obtained pursuant to the Department?s investigation in this case. By signing this waiver, Respondent'understands that the record and complaint become public record and remain public record and that information is immediately accessible to the public. 4. Upon the Board?s acceptance or this Voluntary Relinquishrnent, Respondent agrees to waive all rights to seek judicial review, or to otherwise challenge or contest the validity of this Voluntary Reiinquishrnent and of the Final Order or the Board incorporating this Voluntary Relinquishment. I Petitioner and Respondent hereby agree that upon the Board's acceptance of this Voluntary Relinquishment, each party shall bear its own attorney?s fees and costs related to the prosecution or defense of this case. 6. Respondent authorizes the Board to review and examine ail investigative file materials concerning Respondent in connection with the Board?s consideration of this Voluntary Relinquishment Respondent agrees that consideration of this Voluntary3 Relinquishment and other related materials by the Board shali not prejudice or preclude the Board, or any of its members, from further particiipetion, consideration, or resolution of these proceedings if the terms of this Voluntary Reiinouisnmeot are not accepted by the Board. SIGREB this 1 day of 2013;?. x. On Nadine Kenmore Me?ewlml?. STATE OF FLORIDA COUNTY OF Before me personallyxappeared We pl L?hk?b?bl whose identity is known to be by Ll We (type of identi?cation), and who under oath, acknowledges that his/her signature a?fears above. Sworn to and subscribed by Respondent before me this day of 201$ Notary/Public My Commission Expires :wa~22m7' a, we?: Measure {safety when: sum of WW mitosivade 20:? a FF 022%? to: 3F Fi? 9F WEALTH DEPARTMENT OF HEALTH, pertTIowem v. caee not, 2013-10428 NADINE A. Lemmas; ittitew, Lee, i? Wt? ?m?r?i?iig?i? Petitioner; Department of Health; by and through its undersigned counsel, files this Administrative Comeiairit before the Board/of Nursing against Respondent, Nadine A. Lankford lVicNew, L.P.N., and in support thereof alleges: 1. Petitioner is the State agency charged with regulating the practice of nursing pursuant to Section 2&43, Florida Statutes; Chapter 456, Florida Statutes; and Chagter 464, Florida Statutes. 2. At all times material te this Administrative Complaint, Respondent was a iicensed practical nurse (L.P.N.) within the state of Florida, having been issued license number Pii 427911. 3. Respondent?s address of record is 15524 Lake Bella Vista Drive, Tampa, Florida 33625. 4. At all times material to this Administrative Complaint, Respondent was employed as a licensed practical nurse at University of South Florida Health (USF Health). 5. - At all times material to this Administrative Complaint, Respondent had access to Tampa General Hospital (TGH) medical records. 6. On or about May 21, 2010, Respondent accessed TGH medical records for a non-business related purpose. 7. On or about June 6, 2013, Respondent admitted to her employer that she accessed J.Li.?s GH medical records, printed the medical records, and disclosed the information to family members of both 3.1. and Respondent. 8. On or about August 5, 2613, the Department?s investigator interviewed Respondent about the allegations. 9. On or about August 5, 2013, Respondent admitted to the Department?s investigator that she accessed 3.3/5 TGH medical records for a non~business relate-d purpose. Department of Health v. Nadine A. Lankford McNew, L.P.N. Case Number 20134 0428 AC LPN, unprofessional conduct 10. Section Florida Statutes (2009), subjects a licensee to disciplinary action for engaging in unprofessional conduct, as de?ned by board rule. 11. Rule Florida Administrative Code, provides that unprofessional conduct includes violating the con?dentiality of information or knowledge concerning a patient. 12. Respondent engaged in unprofessional conduct when she accessed TGi-l medical records for a non-business related purpose and disclosed the information to 11?s family members, 13. Based on the foregoing, Respondent violated Section Florida Statutes (2009), by engaging in ?unprofessional conduct as de?ned by Rule Florida Administrative Code, to include violating the con?dentiality of information or knowledge concerning a patient? WHEREFQRE, the Petitioner reSpectioliy 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 ?ne, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of Department of Health v. Nadine A. Lankford McNew, MEN. 3 Case Number 201340428 AC LPN, unprofessionai conduct fees billed or collected, remedial educerlon end/0r any other relief that the Board deems appropriate. SIGNED thle day 92? C(j?Db??f . 2013. John H. MD, FACS State Surgeon General and Secretary of Health \l mlsha l?deter distant Gener ll Cw eel OH Prosecution ices Unit 4052 Bald CVpress Way, Bin DEPARTMENT OF HEALTH Florida 323993265 CLERK gigga?fgf Florida Bar if 9092743 DATE OCT 0 9 2013 Telephone: (850) 2454444, ext. 8242 (85(3) 245?4683 OC2Lober? PCP Members: Department of ?ealth v. Nadine A. Lankford McNew, LEN. 4 Case Number 2013?10428 AC - LPN, unprofessional conduct 0F Ri?i?lTE Respa?dent has the right ta reqaast a hearing to be conductea in accm?arice Wit?! gamma 120.569 and 120.57, Florida Statutes, to be tepr?ge?ta? ii? C0?ii??l or ether quali?ed represantative, t0 preswt evide?ce arid argument, to call and cross~examir?e mid to lava suhmana and subpoena duces tecum i?sued big a? We? if a haaring is requested. NQTICE REGERGPEWG ??g?ggi?ENT OF COSTS Resw??ent is placad mtiw timt petitioner has incurred costs relatati to tha Mai of this matter. Purstgarat gectiw Fiatida St?tutas, the Board shall assesg relgmci to tm i?vw?g?iti?n and girasecution of a discigli?aw mattm, whim may Magma hairs and costs, on the Rewmdemt Eli ad?it?m ta? my disciwiine imposed. Department of Health v. Nadine A. Lankford McNew, LPN. Case Number 201340428 AC v- LPN, unprofessional conduct