STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) DOCKET NO. 76-1554

)

VALERIE HUMPHREY, L.P.N. )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above styled case in Classroom Number 2 of Brevard Hospital, 1350 South Hickory Street, Melbourne, Florida at 9:30 a.m. on December 9, 1976 before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This matter came on to be heard upon an Administrative Complaint filed by the Florida State Board of Nursing against Valerie Humphrey, L.P.N., No. 27860-1. Said Administrative Complaint alleged that, while on duty as a Licensed Practical Nurse at Florida Convalescent Home,

516 East Sheridan Road, Melbourne, Florida, took a patient's walker away from her and refused to return said walker because said patient would not take medications; and, further, that Valerie Humphrey, physically struck a patient when said patient refused to take a laxative. The Administrative Complaint alleges that the aforestated acts are unprofessional conduct and in violation of Section 464.21(1)(b), Florida Statutes. Valerie Humphrey requested a formal hearing and the Florida State Board of Nursing forwarded this matter to the Division of Administrative Hearings to conduct said formal hearing pursuant to the provisions of Chapter 120, Florida Statutes.

The original Notice of Hearing was prepared and transmitted to the parties on October 13, 1976. An Amended Notice of Hearing was prepared and transmitted to the parties on October 19, 1976. On November 19, the Hearing Officer received a letter addressed to the State Board of Nursing, Florida, from Valerie

1. Humphrey, L.P.N., dated November 16, 1976. Said letter stated in pertinent part that Valerie Humphrey had received the Notice of Hearing but that she would not be able to attend because she no longer worked or resided in the State of Florida. She attached to said letter a copy of her explanation of the occurence upon which the allegations against her were based. The Hearing Officer wrote and forwarded to Mrs. Humphrey on November 29, a letter advising her that the Hearing Officer could not consider her letter of explanation which constituted, an ex parte communication prohibited by Section 120.66, Florida Statutes. A copy of Notice of Ex Parte Communication was prepared and transmitted to the parties on that date. The Hearing Officer's letter was mailed to Valerie E. Humphrey at 333 Vesta Circle, Melbourne, Florida 32901, the address given as a forwarding address by Valerie Humphrey, and the envelope annotated to indicate that it should be forwarded to Mrs. Humphrey immediately.

   APPEARANCES

   
   

   For Petitioner: Julius Finegold, Esquire

   1130 American Heritage Building Jacksonville, Florida 32202

   
   

   Valerie E. Humphrey was not present or represented at Hearing.

   
   

   FINDINGS OF FACT

   
   

   1. Valerie Humphrey is a Licensed Practical Nurse holding License No. 27860-1 issued by the Florida State Board of Nursing.

      
      

   2. Notice of the formal hearing in the above style cause was provided to the parties in accordance with the provisions of Chapter 120, Florida Statutes.

      
      

   3. On October 25, 1975 Valerie Humphrey was employed as a Licensed Practical Nurse at Florida Convalescent Home, Melbourne, Florida.

      
      

   4. On that date, Valerie Humphrey was observed by Alma Bourne, then employed as a Nurses' Aide at Florida Convalescent Home, attempting to give medication, to wit, an aspirin, to a patient at said convalescent home. When the patient refused to take the medication, Mrs. Humphrey took the patient's walker away from her. The patient was eighty (80) years old and needed the walker to move about.

      
      

   5. On the same date, Mrs. Bourne observed Valerie Humphrey attempt to administer a laxative to a male patient, Ernest Price, who spit out the laxative twice, whereupon Valerie Humphrey slapped him hard enough to bring a welt to the side of his face. After striking the patient, Humphrey did not try to administer the laxative again.

      
      

   6. The Director of Nursing at Florida, Convalescent Home testified that physical injury and intimidation were not necessary or appropriate to force medications on patients at the nursing home. Other means of administering the medications to include giving them in combination with foods or drinks, were generally used with uncooperative patients.

      
      

      CONCLUSIONS OF LAW

      
      

   7. The striking of a patient for the refusal to take medications is a departure from and a failure to conform to the minimal standards of acceptable and prevailing nursing practice, and, therefore, unprofessional conduct as that term is used in Section 464.21(1)(b), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the license of Valerie Humphrey, L.P.N., License Number 27860-1, be suspended for a period not to exceed six (6) months; further, that the order of the Florida State Board of Nursing be communicated to any other State or territory of these United States in which Valerie Humphrey is also licensed.

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 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire

1130 American Heritage Building Jacksonville, Florida 32202

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

6501 Arlington Expressway - Bldg B Jacksonville, Florida 32211

Valerie E. Marsh Humphrey, L.P.N.

Docket for Case No: 76-001554

Orders for Case No: 76-001554