Final Order No. DOH-17-1797- IC -MQA OCT 0 0f 2 2017

Final Order No. DOH-17-1797-

IC

-MQA

2 2017,

FILED DATE - OCT 0f0

_ DepartmentHealth

STATE OF FLORIDA

BOARD OF NURSING

By: 1.

CcU

o\ABIE)Sy Clerk

Deputy

IN RE: THE PETITION

FOR DECLARATORY

STATEMENT OF

WALTER LAMPETER

FINAL ORDER

THIS CAUSE came before the BOARD OF NURSING (hereinafter Board)

pursuant to ¡ì120.565, Florida Statutes, and Rule 28-105, Florida Administrative Code,

at a duly-noticed meeting in West Palm Beach, Florida on August 3, 2017, for the

purpose of considering the Petition for Declaratory Statement (attached as Exhibit A)

filed by WALTER LAMPETER (hereinafter Petitioner). Having considered the petition,

the arguments submitted by counsel for Petitioner, and being otherwise fully advised in

the premises, the Board makes the following findings and conclusions.

FINDINGS OF FACT

1. This petition was noticed by the Board in Vol. 43, No. 126, dated June 28,

2017 of the Florida Administrative Register .

2. Petitioner is registered nurse licensed to practice nursing in the State of

Florida.

3. Petitioner inquires whether he can inject dermal fillers and botulinum toxin for

aesthetic purposes.

4. Petitioner states he will be under the supervision of a physician, but does not

define the level of supervision.

5. Petitioner has a Certificate of Attendance for completion of an Advanced

BOTOX? Cosmetic Instructional Course sponsored by Aesthetic Advancements,

received in 2006.

6. Petitioner has a certificate of completion of a course in Galderma Aesthetic

and Corrective Product Training, received in 2016.

7. While not cited in the petition, Section 464.003(2), Florida Administrative

Code, sets forth the scope of practice for registered nurses in Florida as follows:

(a) The observation, assessment, nursing diagnosis, planning,

intervention, and evaluation of care; health teaching and counseling of the

ill, injured, or infirm; and the promotion of wellness, maintenance of

health, and prevention of illness of others.

(b) The administration of medications and treatments as prescribed or

authorized by a duly licensed practitioner authorized by the laws of this

state to prescribe such medications and treatments.

(c) The supervision and teaching of other personnel in the theory and

performance of any of the acts described in this subsection.

8. The scope of practice for registered nurses in Florida does not include

aesthetic injections.

CONCLUSIONS OF LAW

1. The Board has jurisdiction over this matter pursuant to Section 120.565,

Florida Statutes, and Rule 28-105, Florida Administrative Code.

2. The petition filed in this cause is in substantial compliance with the provisions

of Section 120.565, Florida Statutes, and Rule 28-105, Florida Administrative Code.

WHEREFORE, the Board hereby finds that under the specific facts of the

petition, as set forth above, it is not within the scope of the practice of registered

nursing to administer injections for aesthetic

DONE AND ORDERED this 2-

6 (._,

day of

, 2017.

BOARD OF NURSING

Joe

Exe

Jody

r, Jr.

'rector for

nt Newman, EdD, EdS, Chair

NOTICE OF APPEAL RIGHTS

Pursuant to Section 120.569, Florida Statutes, the parties are hereby notified

that they may appeal this Final Order by filing one copy of a notice of appeal with the

clerk of the department and by filing a filing fee and one copy of a notice of appeal with

the District Court of Appeal within thirty days of the date this Final Order is filed.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order

has been furnished by U.S. Mail to Petitioner WALTER LAMPETER, 1300 Brickell Bay

Drive, Suite 1707, Miami FL 33131, and by email to Donna Oxford,

Donna. this (2

day of

, 2017.

Deputy Agency Clerk

FILED

DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK aniarJantleavt

DATE

JUN 2

6 2017

Petition for Declaratory Statement Before the Florida Board of Nursing

(Addendum)

Walter Lampeter

1300 Brickell Bay Drive, Suite #1707, Miami, FL 33131

(917) 837-9908

May 3, 2017,

My name is Walter Lampeter, and I have petitioned the Florida State Board

for a declaratory statement on the injection of dermal fillers and botulinum toxin.

Enclosed for your review, please find certificates of training in regard to these

procedures.

Pending the Board's approval, I would like to provide these treatments in a

medical office, under physician supervision. This physician will have clinical

experience in the provision of aesthetic injectable treatments.

Please feel free to contact me, should you require any additional information

regarding this petition. Thank you in advance, for your kind consideration!

Sincerely,

Walter Lampeter

walterlampeter@aol.co m

(917) 837-9908

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download