STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-968

)

CONNIE LEE FOSTER, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came of for hearing In Seminole, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on August 16, 1977. The parties were represented by counsel:

For Petitioner: Mr. Julius Finegold, Esquire

1005 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Mr. Joseph S. Dumbacher, Esquire

Post Office Box 8215 Maderia Beach, Florida

By administrative complaint No. FSBN77-21, petitioner alleged that respondent, on January 4, 1977, "admitted to diverting Demerol from patients in her charge and administering the same to her own use by taking about 25mgs. of a patient's dose and giving the remainder to the patient." At the final hearing, respondent's counsel stipulated to the truth of the matters alleged in the administrative complaint, except insofar as they implied any misconduct before Christmas Day 1976; and respondent admitted under oath that she had diverted patients' medication to her own use.

FINDINGS OF FACT

1. On the basis of the stipulation of counsel, respondent's testimony, and certain records stipulated into evidence, it was established that respondent began injecting herself with Demerol on December 26, 1976, while she was working as a registered nurse at Lake Seminole Hospital in the intensive care ward. Between December 26, 1976, and January 4, 1977, respondent gave herself intravenous injections of Demerol, while at work, on eight to ten occasions. On some, but not all, of these occasions, she used medicine for herself that had been entrusted to her for administration to patients in her care, in order to relieve their suffering.

   
   

2. Before this matter was discovered, in January of this year, respondent did competent work as a registered nurse and was well-regarded by her supervisors in the various hospitals in which she has been employed. She has also worked as a registered nurse since, without incident.

   CONCLUSIONS OF LAW

   
   

3. Petitioner established that respondent was guilty of unprofessional conduct within the meaning of Section 464.21(1)(b), Florida Statutes (1975), and, therefore, that there exist grounds for disciplinary action against respondent.

   
   

4. No evidence was adduced as to the chemical composition of Demerol, and a perusal of Chapter 893, Florida Statutes (1975), does not indicate that Demerol, by that name, is within the purview of Chapter 893, Florida Statutes (1975). Accordingly, petitioner did not establish that respondent is guilty of violating Section 464.21(1)(d), Florida Statutes (1975).

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner revoke respondent's license as a registered nurse.

DONE and ENTERED this 19th day of September, 1977, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Mr. Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32202

Joseph S. Dumbacher, Esquire Post Office Box 8215

Maderia Beach, Florida

Docket for Case No: 77-000968

Orders for Case No: 77-000968