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

Transcription

Final Order No. DOH-17-1797-IC-MQA2 2017,FILED DATE - OCT 0f0DepartmentHealthSTATE OF FLORIDABOARD OF NURSINGBy: 1.CcUo\ABIE)Sy ClerkDeputyIN RE: THE PETITIONFOR DECLARATORYSTATEMENT OFWALTER LAMPETERFINAL ORDERTHIS CAUSE came before the BOARD OF NURSING (hereinafter Board)pursuant to §120.565, Florida Statutes, and Rule 28-105, Florida Administrative Code,at a duly-noticed meeting in West Palm Beach, Florida on August 3, 2017, for thepurpose 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 inthe premises, the Board makes the following findings and conclusions.FINDINGS OF FACT1. 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 ofFlorida.3. Petitioner inquires whether he can inject dermal fillers and botulinum toxin foraesthetic purposes.4. Petitioner states he will be under the supervision of a physician, but does notdefine the level of supervision.

5. Petitioner has a Certificate of Attendance for completion of an AdvancedBOTOX Cosmetic Instructional Course sponsored by Aesthetic Advancements,received in 2006.6. Petitioner has a certificate of completion of a course in Galderma Aestheticand Corrective Product Training, received in 2016.7. While not cited in the petition, Section 464.003(2), Florida AdministrativeCode, 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 theill, injured, or infirm; and the promotion of wellness, maintenance ofhealth, and prevention of illness of others.(b) The administration of medications and treatments as prescribed orauthorized by a duly licensed practitioner authorized by the laws of thisstate to prescribe such medications and treatments.(c) The supervision and teaching of other personnel in the theory andperformance of any of the acts described in this subsection.8. The scope of practice for registered nurses in Florida does not includeaesthetic injections.CONCLUSIONS OF LAW1. 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 provisionsof Section 120.565, Florida Statutes, and Rule 28-105, Florida Administrative Code.

WHEREFORE, the Board hereby finds that under the specific facts of thepetition, as set forth above, it is not within the scope of the practice of registerednursing to administer injections for aestheticDONE AND ORDERED this 2-6 (. ,day of, 2017.BOARD OF NURSINGJoeExeJodyr, Jr.'rector fornt Newman, EdD, EdS, ChairNOTICE OF APPEAL RIGHTSPursuant to Section 120.569, Florida Statutes, the parties are hereby notifiedthat they may appeal this Final Order by filing one copy of a notice of appeal with theclerk of the department and by filing a filing fee and one copy of a notice of appeal withthe District Court of Appeal within thirty days of the date this Final Order is filed.CERTIFICATE OF SERVICEI HEREBY CERTIFY that a true and correct copy of the foregoing Final Orderhas been furnished by U.S. Mail to Petitioner WALTER LAMPETER, 1300 Brickell BayDrive, Suite 1707, Miami FL 33131, and by email to Donna Oxford,Donna.Oxfordamvfloridalecial.com this (2day of, 2017.Deputy Agency Clerk

FILEDDEPARTMENT OF HEALTHDEPUTY CLERKCLERK aniarJantleavtDATEJUN 26 2017Petition for Declaratory Statement Before the Florida Board of Nursing(Addendum)Walter Lampeter1300 Brickell Bay Drive, Suite #1707, Miami, FL 33131(917) 837-9908May 3, 2017,My name is Walter Lampeter, and I have petitioned the Florida State Boardfor a declaratory statement on the injection of dermal fillers and botulinum toxin.Enclosed for your review, please find certificates of training in regard to theseprocedures.Pending the Board's approval, I would like to provide these treatments in amedical office, under physician supervision. This physician will have clinicalexperience in the provision of aesthetic injectable treatments.Please feel free to contact me, should you require any additional informationregarding this petition. Thank you in advance, for your kind consideration!Sincerely,Walter Lampeterwalterlampeter@aol.co m(917) 837-9908

Advanced BOTOX Cosmetic Instructional CourseWalter Lam

FILEDOIPARTNIENT OF HEALTHDEPUTY CLERKPetition for Declaratory Statement Before the Florida Board oftiWalter Lampeter1300 Brickell Bay Drive, Suite #1707, Miami, FL 33131(917) 837-9908 gaACIXA-4DATE; A R 2 1 201?My name is Walter Lampeter, and I would like to petition the Florida StateBoard for a declaratory statement on the injection of dermal fillers and botulinumtoxin. I had been previously licensed as an RN in Florida, and understand thatnursing scope of practice, as it pertains to aesthetic procedures, is not addressed inthe Florida Nurse Practice Act or the rules of the Board of Nursing in the FloridaAdministrative Code.As an RNFA in plastic surgery, with over 18 years experience, I haveperformed many such procedures in New York / Connecticut, and have recentlyrelocated to the Miami area. Additionally, I currently provide education tophysicians and mid-level healthcare providers, in regard to injection techniques, andthe safe administration of these types of products.Given my previous clinical practice, I would ask the Board's decision inregard to my providing such services in Florida, under physician supervision.Attached, please find a copy of my CV for your review. Also, I would gladly provideany additional supporting documentation required, to facilitate the determination ofmy case.Thank you in advance, and I very much look forward to your response!Respectfully Submitted,Walter Lampeterwalterl amp eter@aol.co m(917) 837-9908

WALTER LAMPETER, RNFA1300 Brickell Bay Drive, Suite #1707, Miami, FL 33131walterlampeter@aol.com (917) 837-9908PROFESSIONAL Galderma Laboratories, Associate Medical Scientific LiaisonEXPERIENCE:Aesthetic & Corrective DivisionJune 2015 - PresentWalter Lampeter, RNFA, CSAJanuary 1998 — PresentPROFESSIONAL American College of Surgeons - Affiliate MemberAFFILIATIONS:National Commission for the Certification of Surgical AssistantsChairman — Board of Directors, August 2016 - PresentDirector of Education, 2013 — August 2016National Surgical Assistant AssociationSpecialty Advisory Council on Plastic Surgery, 2013 - PresentContinuing Professional Development & Education Committee,2013 — August 2016ACADEMIA:SA Program Advisory Committee — The Mayo Clinic, Rochester, MN2013 - PresentEditorial Reviewer — Journal: Aesthetic Plastic Surgery,Editor-in-Chief: Henry M. Spinelli, MD,International Society of Aesthetic Plastic Surgery2008 - PresentTechnical Editor — Textbook: Aesthetic Plastic Surgery,Edited by Sherrell J. Aston, MD, Douglas S. Steinbrech , MDand Jennifer L. Walden, MD., Elsevier, 2009National Surgical Assistant Association Education Award, April 2012PUBLICATIONS:Lampeter, W. Editor's Invited Commentary on Micropigmentation:Camouflaging Scalp Alopecia and Scars in Korean Patients, Aesth Plast Surg,Volume 38 Number 1, 2014Lampeter, W. The Zen of Surgical Assisting, CSA Node, Issue Number 4,July 2012Lampeter, W. Commentary on Use of Tattooing for Camouflaging VariousScars, Aesth Plast Surg, Volume 35 Number 3, 2011Perrotti, J.A., Lampeter, W. Botox: The Ultra-Concentrated Technique,PlastSurg Pulse News, Volume 2 Number 4, 20111 of 3

WALTER LAMPETER, RNFA1300 Brickell Bay Drive, Suite #1707, Miami, FL 33131walterlampeter@aol.com (917) 837-9908PUBLICATIONS: Walden, J.L., Lampeter, W. Hyaluronic Acid Injectable Filler. In Aston, S.J.,Steinbrech, D.S., Walden, J.L. eds, Aesthetic Plastic Surgery (Textbook).London: Elsevier, 2009, pp. 865-874Lampeter, W. Variability of Educational Standards in Surgical Assisting:"Selecting Your Program Wisely", CSA Node, Volume 26 Number 2, 2009Lampeter, W. Adjuvant Therapies in Reconstructive Surgery, CSA Node,Volume 25 Number 1, 2008Neurovascular Facial MappingLECTURES &PRESENTATIONS: Johns Hopkins School of Medicine — Baltimore, MDPlastic Surgery Residency Program, November 3rd, 2016Abobotulinum Toxin A / NASHA TechnologyGeorgetown University Medical Center — Washington, DCDermatology Residency Program, September 30th, 2016Dimensions Surgery Center, Bowie, MarylandHOSPITALAFFILIATIONS: July 2014 — PresentDoctors Community Hospital, Lanham — Seabrook, MarylandApril 2014 — PresentWellington Regional Medical Center, Wellington, FloridaFebruary 2014 — July 2014Good Samaritan Medical Center, West Palm Beach, FloridaSeptember 2013 — July 2014Delray Medical Center, Delray Beach, FloridaJune 2013 — July 2014Boca Raton Regional Hospital, Boca Raton, FloridaFebruary 2013 — July 2014JFK Medical Center, Atlantis, FloridaJanuary 2013 — July 2014St. Lucie Medical Center, Port St. Lucie, FloridaJanuary 2013 — July 2014Martin Memorial Hospital, Stuart, FloridaDecember 2012 — July 20142 of 3

WALTER LAMPETER, RNFA1300 Brickell Bay Drive, Suite #1707, Miami, FL 33131walterlampeter@aol.com (917) 837-9908Palms West Hospital, Loxahatchee, FloridaHOSPITALAFFILIATIONS: December 2012 — July 2014Greenwich Hospital — Yale New Haven Health, ConnecticutDecember 2009 — September 2013Lenox Hill / Manhattan Eye Ear & Throat Hospital, New York CityJanuary 2004 — January 2015EDUCATION:Delaware County Community College Media, PennsylvaniaJanuary 1997 — December 1997Postgraduate Certificate: RN First Assistant - SurgeryState University of New York - Nassau Community CollegeSeptember 1992 — May 1994Degree: Associate of Science — NursingCity University of New York - Queens CollegeSeptember 1981 — June 1986Degree: Bachelor of Arts — CommunicationsSPECIALIZEDSKILLS:Chemodenervation / Injectable FillersMultispecialty Intraoperative AssistingDaVinci Robotic CertificationDa Vinci Single — Site CertificationMicrosurgical TechniquesCosmetic Wound Closure3 of 3

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.