STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1551

)

BONNIE ISAAC, R.N. )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above styled case at Jackson Memorial Hospital, 608 West Howard Street, Dade City, Florida at 10:30 a.m. on December 8, 1976 before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This matter came on to be heard upon the Administrative Complaint filed by the Florida State Board of Nursing against Bonnie Isaac, R.N., License No. 52845-2. Said Administrative Complaint alleged that Bonnie Isaac had her license to practice as a Registered Nurse suspended by lawful order of the commission for a period of ninety (90) days from the date of receipt of the Boards order and placing the Respondent on probation for nine (9) months after the expiration of the ninety (90) day period; and that after her receipt of the Board's order, and during the period of the ninety (90) day suspension, the Respondent sought and obtained employment as a nurse at Jackson Memorial Hospital, Dade City, Florida, and that by said conduct the Respondent is guilty of practicing nursing without a license in violation of Section 464.01(1), Florida Statutes, and Section 464.24, Florida Statutes. The Respondent requested a formal hearing pursuant to the provisions of Chapter 120, Florida Statutes and this matter was referred to the Division of Administrative Hearings by the Florida State Board of Nursing to conduct a formal hearing.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

218 East Forsyth Street Jacksonville, Florida 32202

For Respondent: Bonnie C. Isaac, R.N.

Route 11, Box 735A Lakeland, Florida

FINDINGS OF FACT

1. Bonnie Isaac, R.N., held License No. 52845-2 as a Registered Nurse. Said license having been suspended for a period of ninety (90) days pursuant to the lawful order of the Board signed February 18, 1976.

   
   

2. Said order of suspension was transmitted to and received by Bonnie Isaac on February 27, 1976.

3. Subsequent to the receipt of said order, Bonnie Isaac continued to perform duties which can only be performed by licensed nurses in the course of her employment at Jackson Memorial Hospital, Dade City, Florida.

   
   

4. Bonnie Isaac did not return her certificate of licensure and renewal certificate to the Board, but said renewal expired on March 31, 1976 pursuant to law.

   
   

5. The license of Bonnie Isaac was not reinstated at the end of ninety

   (90) days although she requested that her license be returned to her by her letter of June 25, 1976 to the Florida State Board of Nursing.

   
   

6. The license of Bonnie Isaac, suspended by lawful order of the Board effective February 27, 1976, had not been reinstated as of the date of hearing.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Administrative Complaint filed by the Florida State Board of Nursing charges that the Respondent's act constituted a violation of Section 464.081(1) and Section 464.24, Florida Statutes. Section 464.24, Florida Statutes is a criminal statute and as such a determination of the violation of said statute must be made by a court with criminal jurisdiction. Neither the Florida State Board of Nursing nor the Division of Administrative Hearings has criminal jurisdiction and therefore a determination of the violation of said section cannot be made.

   
   

8. The Administrative Complaint alleges the Respondent violated the provisions of Section 464.081(1) which provides as follows:

   
   

   1. Only persons who hold a license to prac- tice as a registered professional nurse in this state shall have the rights to use the title "Registered Nurse" and the abbreviation "R.N."

      
      

9. The Administrative Complaint does not contain any factual allegations that the Respondent during her employment at Jackson Memorial Hospital, Dade City, Florida, used the abbreviation "R.N." or the title "Registered Nurse." Therefore, the Respondent did not receive fair notice of the factual allegations of violation of Section 464.081(1), Florida Statutes.

   
   

10. The Administrative Complaint did allege that the Respondent had sought and obtained employment as a nurse at Jackson Memorial Hospital, Dade City, Florida, after receipt of the order suspending her license. Section 464.081(3), Florida Statutes, prohibits any person who is not licensed to practice as a registered professional nurse in Florida from practicing or assuming the title of Registered, Licensed, Certified, Trained or Graduate Nurse or from using the abbreviation "R.N." The evidence presented at hearing clearly indicates that Bonnie Isaac, the Respondent, did practice nursing and use the abbreviation "R.N." subsequent to being advised of the suspension of her license as a Registered Nurse in Florida. The Administrative Complaint clearly gave notice to the Respondent of the factual allegations against her, and the Hearing Officer finds the Respondent in violation of the provisions of Chapter 464.081(3), Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the probation of Bonnie Isaac expressed in Board's order dated February 18, 1976 for nine (9) months following the ninety

(90) day suspension of Respondent's license be set aside and the license of Respondent be suspended for one year from the initial date of suspension, February 27, 1976, said license to be reinstated with the full benefits and privileges thereof on February 26, 1977.

DONE and ORDERED this 16th day of December, 1976, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

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

COPIES FURNISHED:

Julius Finegold, Esquire

218 E. Forsyth Street Jacksonville, Florida 32202

Geraldine B. Johnson, R.N. State Board of Nursing

6501 Arlington Expressway Bldg B Jacksonville, Florida 32211

Bonnie C. Isaac, R.N. Route 11, Box 735 A

Lakeland, Florida 33801

Docket for Case No: 76-001551

Orders for Case No: 76-001551