STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1915

) MARY KATHERINE MITCHELL, L.P.N., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held in the above styled cause on December 20, 1976 in the Escambia County Courthouse Annex, Pensacola, Florida before Delphene C. Strickland, assigned Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1130 American Heritage Life Building Jacksonville, Florida 32202

For Respondent: Mary Katherine Mitchell, L.P.N.

Appeared in proper person Route 7, Box 314

Milton, Florida 32570 ISSUES

Whether the licensed practical nurse License Number 35521-1 held by Respondent Mary Katherine Mitchell should be revoked for violation of Section 464.21(1)(b), Florida Statutes.

FINDING OF FACT

1. A notarized complaint for unprofessional conduct was filed against Mary Katherine Mitchell. Thereafter, an Administrative Complaint was filed dated September 17, 1976, alleging that on or about July 30, 1976 licensee Mary Katherine Mitchell was arrested by the Santa Rosa County sheriff's office for stealing drugs including a narcotic drug demerol from the Santa Rosa County Hospital where she was then employed as a licensed practical nurse, and that on or about the same date after having been advised of her rights the licensee made a voluntary statement to the officers admitting the conversion of the demerol and other drugs for a period of approximately five (5) months. The method of obtaining the demerol was by substitution of water for demerol which had been withdrawn from the hospital vial. She at that time also admitted to having given shots of the illegally obtained demerol and other drugs to various people for various sums of money paid to her by the recipients.

2. The Administrative Complaint was received by the Respondent, and she filed an election rights requesting a formal hearing. Notice of Hearing was sent and the Petitioner's attorney and the Respondent was present.

   
   

3. The Respondent, Miss Mitchell, at this hearing admitted each of the allegations of the complaint. In mitigation she stated that she did not consider consider herself doing a criminal act or that her conversion of the drugs was unprofessional. She said she was stealing the drugs for her family and that she thought that if everybody else could get away with it that she could too. The Respondent admitted that she had stolen the drugs, had sold them and had been arrested for the same.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 464.21(1)(b), Disciplinary proceedings.-, Florida Statutes, provides:

   
   

   "(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."

   
   

5. It is apparent that the Respondent Mary Katherine Mitchell is guilty of violation of the foregoing Florida Statute.

RECOMMENDATION

Revoke the license of Respondent Mary Katherine Mitchell.

DONE and ORDERED this 31st day of January 1977 in Tallahassee, Florida.

DELPHENE C. STRICKLAND

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

Mary Katherine Mitchell, L.P.N. Route 7, Box 314

Milton, Florida 32570

Docket for Case No: 76-001915

Orders for Case No: 76-001915