STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1799

)

PATRICK VINCENT CLANCY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, at 10:00

1. on March 28, 1977, in Suite 307 of the Commonwealth Building, 717 Ponce de Leon Boulevard, Coral Gables, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Mr. Julius Finegold

   1005 Blackstone Building

   Jacksonville, Florida 32202

   
   

   For Respondent: Mr. Patrick V. Clancy

   2420 Garfield Street

   Hollywood, Florida 33020 FINDINGS OF FACT

   Based upon the oral and documentary evidence adduced at the hearing, as well as respondent's oral admission at the hearing of all factual allegations contained in the administrative complaint dated September 23, 1976, the following relevant facts are found:

   
   

   1. The respondent Patrick Vincent Clancy is a registered nurse holding license number 83209-2

      
      

   2. On or about June 11, 1976, respondent was involved in an automobile accident. Sergeant Donald Korn with the Hollywood Police Department was summoned to the scene to investigate the accident. It was his opinion that respondent was then under the influence of drugs or alcohol and respondent was therefore placed under arrest for driving while under the influence. An inventory of respondent's automobile revealed the presence of nineteen pill bottles in various places inside the car. These bottles contained a large assortment of controlled and prescription drugs including codeine, amphetamines and barbiturates. Many of the bottles were labeled with names of patients from Jackson Memorial Hospital. Also found in respondent's automobile were two syringes with needles, a blank prescription pad from Jackson Memorial Hospital and four prescriptions filled out in the names of individuals other than respondent.

   3. At the time of the incident described in the preceding paragraph, respondent was employed as a registered nurse within the surgical services division of Jackson Memorial Hospital. Upon learning of the June 11th incident, Murray Zacharia, the director of the surgical service division at Jackson Memorial, notified respondent that he was being dismissed from the service of the Public Health Trust, Jackson Memorial. Respondent was charged with violating personnel rules, departmental rules, and "misappropriating Trust funds, or appropriating property of the Trust or others, including patients and employees, for personal use, or illegally disposing of property of the Trust or others, including patients and employees."

      
      

   4. Upon information received from Jackson Memorial Hospital, the Board of Nursing filed the instant administrative complaint charging respondent with unprofessional conduct in violation of Florida Statutes 464.21(1)(b) and stating its intent to revoke respondent's registered nursing license.

      
      

      CONCLUSIONS OF LAW

      
      

   5. Pursuant to Florida Statutes 464.21(1)(b), the Board of Nursing has the authority to discipline a license holder who has been found guilty of unprofessional conduct. The undersigned concludes that the facts as found above constitute unprofessional conduct on respondents's part. The penalty of revocation of a professional license should be sparingly utilized and directed at those who have committed a grievous breach of duty, endangered patients or would be a threat to patients were they permitted to continue the practice of their profession. Pauline v. Borer 274 So.2d 1 (Fla. 1973). It is concluded that the facts herein demonstrate a grievous breach of duty with a great potential for endangering patients. Respondent was found to be in the possession of a large quantity of prescriptions for other persons, at least some of whom were hospitalized. The potential for harm to such patients who were deprived of their prescribed medicine is obvious and respondent's conduct in this regard is deserving of the most severe penalty.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, it is recommended that the Board of Nursing revoke respondent's license number 83209-2. It is further recommended that upon proof of counseling or other rehabilitative measures taken by respondent, the Board exercise its discretion to relicense respondent with examination after a period of six months has elapsed.

Respectfully submitted and entered this 28th day of April, 1977, in Tallahassee Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Geraldine Johnson, R.N.

Licensing and Investigative Coordinator Florida State Board of Nursing

6501 Arlington Expressway Bldg. B. Jacksonville, Florida 32211

Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32202

Patrick V. Clancy, Esquire 2420 Garfield Street

Hollywood, Florida 33020

Docket for Case No: 76-001799

Orders for Case No: 76-001799