STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 76-245

)

FARRIS EMMET MOYER, R. N., )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice to the parties, at Sarasota, Florida, on June 3, 1976, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1130 American Heritage Building Jacksonville, Florida 32202

For Respondent: Robert J. Elkins, Esquire

2187 Siesta Drive Post Office Box 15425

Sarasota, Florida 33579 ISSUE PRESENTED

Whether Respondent's license as a registered nurse should be revoked for alleged violation of Section 464.21(1)(b), Florida Statutes.

FINDINGS OF FACT

1. In March 1975, Respondent was employed as a registered nurse at the Sarasota Memorial Hospital, Sarasota, Florida. On March 26, 1975, he was performing duties as "charge" nurse on the 3 P.M. to 11 P.M. shift in the Orthopedic Clinic. At approximately 4 P.M., Muriel Johnson, R.N., Clinical Supervisor, while making her initial rounds for the shift, talked to two of the patients who indicated they felt no need for medication and had not received any. She then observed that the patients' medication and treatment sheets indicated that Respondent had given them Percodan, a narcotic drug, that afternoon. She then checked Respondent's nurses notes and the federal narcotic control sheet used to keep track of narcotics on the floor, and found no entries for the patients in question on either document. Both of these documents should have reflected the administration of medication to the patients at the time it was given. She proceeded to report the apparent discrepancy to her supervisor. (Testimony of Johnson)

2. The Sarasota police was notified and two police officers arrived at the hospital about 11:15 P.M.. They were informed by a nurse that Respondent was suspected of checking out narcotics, but not issuing them to patients. Based on the foregoing information, they followed Respondent's automobile as he left the hospital that evening and stopped it about a quarter of a mile south of the hospital on US highway 41. Respondent's wife was driving the automobile at the time. Respondent was placed under arrest and, upon a search of his person, various drugs in hospital containers or packages were discovered, including seven Percodan tablets, six Synalgos DC capsules, and two Empirin with Codeine tablets. Percodan is a controlled Schedule 1 drug used to relieve pain and Synalgos DC is a Schedule 3 drug. Respondent was cooperative at the time of his arrest. He was charged with three counts of illegal possession of drugs and, on September 12, 1975, in the Sarasota County Circuit Court, Case No. 75-229-CF-A- 01, upon a plea of Nolo Contendere, adjudication of guilt was withheld and Respondent was placed on probation for two years, fined $1,000.00, and ordered to undergo psychiatric counselling. (Testimony of Hogle, Peterson, Perry, Petitioner's Exhibit 1,2, Composite Exhibit 3).

   
   

3. On March 12, 1975, at the Sarasota Memorial Hospital, Respondent signed for 1 capsule of Chloral Hydrate, 300 mg. for a patient named Lena J. Herman.

   He indicated on the narcotic and barbituate administration record number 126951 that the medication was refused and destroyed. Hospital policy as set forth in written procedures provides that destruction of narcotics or barbituates must be witnessed and countersigned on the narcotics and barbituate administration record by another nurse. No such witnessing signature was shown on number 126951. (Testimony of Kuebler, Petitioner's Composite Exhibit 5).

   
   

4. On March 13, 1975, at 8:00 P.M., at the Sarasota Memorial Hospital, Respondent signed out 1 tab of Demerol, 50 mg. for a patient named Herman on narcotic and barbituate administration record number 128232, and on the same date and the same hour for the same patient signed out for another tab of Demerol, 50 mg. on narcotic and barbituate administration record number 128097. The medication record and nursing notes for that patient on the date in question show that only one of the tablets was administered by Respondent to the patient subsequent to signing it out. (Testimony of Kuebler, Petitioner's Composite Exhibits 4 & 5).

   
   

5. Respondent was an excellent nurse who had been employed at the Sarasota Memorial Hospital for over one year. He was dependable and took good care of his patients. (Testimony of Johnson, Kuebler, Bowden, Respondent's Composite Exhibit 1).

   
   

6. Respondent has received comprehensive alcoholism counseling and treatment in state facilities and at the First Step of Sarasota, a counseling and treatment center. He recognizes his problem with alcohol and has managed to keep it under control while living at First Step with the assistance of the drug Antabuse. He has helped at First Step with other patients and the Executive Director there would like to hire him as a nurse when an opening occurs. He has been a cooperative and cheerful probationer in the opinion of his probation officer. (Testimony of Bowden, Ves'sells, Clark).

   
   

   CONCLUSIONS OF LAW

   
   

7. Petitioner seeks to revoke Respondent's license as a registered nurse for violation of Section 464.21(1)(b), Florida Statutes, which provides as follows:

   464.21 Disciplinary Proceedings. - (1) GROUNDS FOR DISCIPLINE. - The board shall have the authority to deny a license to any applicant or discipline the holder of a license or any other person temporarily authorized by the board to practice nursing in the state whose default has been entered or who has been heard and found guilty by the board of:

   (b) Unprofessional conduct, which shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice, in which proceeding actual injury need not be established.

   
   

8. Neither the above-referenced statute nor the regulations of the Petitioner specifically define any acts that constitute "any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice." The evidence in this case establishes that on March 26, 1975, Respondent was found to be in unauthorized possession of controlled drugs that came from the supplies of the Sarasota Memorial Hospital. It was further shown that on that date and on prior occasions during the month of March, 1975, Respondent had withdrawn certain controlled drugs from hospital supplies that had not all been administered to patients. It is therefore considered that Respondent's actions in these respects departed from minimal standards of acceptable and prevailing nursing practice, as stated in Section 464.021(2)(a)2 which defines the practice of professional nursing to include the "administration of medications and treatments as prescribed or authorized by a person licensed in this state to prescribe such medications and treatments." It is thus concluded that Respondent's acts constitute unprofessional conduct in violation of Section 464.21(1)(b) which, under Section 464.21(3) authorizes the board to take adverse action with respect to his license as a registered nurse.

   
   

9. There can be no doubt that Respondent's improper actions with respect to controlled drugs constitute a very serious offense. The proper handling, administration and safeguarding of such substances are of paramount importance in order to protect the life, health and welfare of patients and of the public at large. It is thus necessary that those such as nurses who have ready and constant access to drugs be absolutely reliable, honest and trustworthy. Although Respondent was shown to be a competent nurse in other respects, his derelictions as established by Petitioner are considered to be of such a grave nature as to warrant revocation of his license.

RECOMMENDATION

That the license of Faris E. Moyer to practice as a registered professional nurse be revoked for unprofessional conduct, in violation of Section 464.21(1)(b), Florida Statutes.

DONE and ENTERED this 12th day of August, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire

1330 American Heritage Building Jacksonville, Florida 32202

Robert J. Elkins, Esquire 2187 Siesta Drive

Post Office Box 15425 Sarasota, Florida 33579

Docket for Case No: 76-000245

Orders for Case No: 76-000245