STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, BOARD OF )

NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1800

) HERMINE LEDOUX LANE, L.P.N., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings at 6501 Arlington Expressway, Jacksonville, Florida, on January 12, 1977.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1130 American Heritage Life Building Jacksonville, Florida 32202

The Respondent: Hermine Ledoux Lane, was noticed of the hearing, which she had requested, but was not in attendance. Geraldine B. Johnson, R.N., the coordinator of investigation in licensing for the Florida State Board of Nursing indicated that the Petitioner had received a telephone call from the Respondent on January 10, 1977, indicating that she was desirous of a continuance. Ms.

Johnson stated that the Board was unable to grant such a continuance, and the undersigned received no request for continuance from the Respondent, and was in fact unaware of such a request until the scheduled date for hearing.

ISSUE

Whether or not the Respondent, Hermine Ledoux Lane, is guilty of a violation of 464.21(1)(a), (1)(b), based upon a revocation of her license to practice as an licensed practical nurse, in the State of Vermont, effective January 14, 1976, after a hearing on December 3, 1975, in which it was concluded that the Respondent had on several occassions signed her name on a patient's clinical record and used the letters "R.N." after said signature and had on three occassions signed her name on a billing form using the initials "R.N." following her signature, when in fact the Respondent was not a registered nurse in the State of Vermont. The Vermont State Board of Nursing concluded this showed the Respondent was guilty of unprofessional conduct in willfully and repeatedly violating Vermont's statutes governing the practice of nursing, in that she did practice professional nursing without being duly licensed.

FINDING OF FACT

1. The Respondent, Hermine Ledoux Lane, is a holder of license no. 05372- 1, as a licensed practical nurse, with the Florida State Board of Nursing.

   
   

2. On December 3, 1975, the Vermont State Board of Nursing met at the Office of the Board of Nursing, 126 States Street, Montpelier, Vermont to hear charges which had been placed against Respondent, Hermine Ledoux Lane, L.P.N., who was charged with unprofessional conduct and willful and repeated violations of Chapter 27, Section 1551, Title 26, V.S.A. Petitioner's Exhibit #4, admitted into evidence, is a composite exhibit containing the notice of the aforementioned hearing in Vermont, minutes of hearing, and statement of complaint. After hearing the evidence the Vermont State Board of Nursing concluded that Hermine Ledoux Lane did on July 25, 26, 27, 28, August 4, 5, 14, 15, 16, and 17, 1975, sign her name on a patient's clinical record and used the letters "R.N." after that signature. It was further found as fact that the Respondent, Hermine Ledoux Lane, on three occassions, August 3, 8, and 12, 1975, did sign her name on a billing form which had the letters "R.N." in print to follow the signature. The Vermont Board of Nursing also concluded that the Respondent, Hermine Ledoux Lane was registered as a licensed practical nurse no.

   219 in the State of Vermont and that there was no record with the office of the Board of Nursing in the State of Vermont of a registration of a Hermine Ledoux Lane as a registered nurse in the State of Vermont. Based upon these findings, the Vermont State Board of Nursing found that Hermine Ledoux Lane, L.P.N., under Vermont license No. 219 was guilty of unprofessional conduct in violation of Title 26, V.S.A., Chapter 27, Section 1559(a)(6), and guilty of willfully and repeatedly violating that chapter, specifically Section 1561(3), in that she did practice professional nursing without being duly licensed to so under the aforementioned chapter, in violation of Title 26, V.S.A., 1559(A)(7). The Vermont State Board of Nursing then revoked the said license of Hermine Ledoux Lane to practice practical nursing in Vermont effective January 14, 1976. A copy of the order is found in Petitioner's Exhibit #4.

   
   

3. Upon complaint of August 25, 1976, the Florida State Board of Nursing, Petitioner, filed its present action against Hermine Ledoux Lane, L.P.N., and attempted to present proof of the allegation of a violation s464.21(1)(a)(1)(b), F.S., premised upon the findings of fact and conclusions of law rendered by the Vermont State Board of Nursing. No other proof was forthcoming during the course of the hearing before the undersigned.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

5. The applicable sections of the law under which the Petitioner has brought this action are found in s464.21, (1)(a), (1)(b), F.S. which state the following:

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:

1. Fraud in the practice of nursing or fraud or

   deceit in procuring or attempting to procure a license to practice nursing as a licensed nurse.

2. 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."

An examination of the controlling law indicates that any prosecution brought in the State of Florida, contemplates a full hearing on the factual allegations and cannot be premised on the findings of fact and conclusions of law of another jurisdiction, such as the determination made by the Vermont State Board of Nursing. Therefore, since no actual proof was offered by the Petitioner, beyond the determination made by the Vermont State Board of Nursing, the Respondent, Hermine Ledoux Lane, is not guilty of a violation of s464.21(1)(a), (1)(b), F.S.

RECOMMENDATION

It is recommended that the charges placed against Hermine Ledoux Lane, L.P.N., under license no. 05372-1 be dismissed.

DONE and ENTERED this 11th day of February, 1977, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire

1130 American Heritage Life Building Jacksonville, Florida 32202

Hermine Ledoux Lane

51 North Union Street Burlington, Vermont 05401

Docket for Case No: 76-001800

Orders for Case No: 76-001800