STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THE STATE OF FLORIDA, )

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1195

)

HILDA TEAGUE CLARK, R.N., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this cause on August 19, 1977, in Miami, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1005 Blackstone Building

Jacksonville, Florida 32202

For Respondent: George A. Kokus, Esquire

Cohen and Kokus

500 Roberts Building

28 West Flagler Street Miami, Florida 33130

The Florida State Board of Nursing (Petitioner herein) by its administrative complaint filed June 13, 1977, seeks to place on probation, suspend or revoke the nursing license of Hilda T. Clark, R.N. (Respondent herein) based on allegations that she engaged in conduct, which will be set forth in detail hereinafter, which amounts to "unprofessional conduct violative of Chapter 464.21(1)(b)(c) and (d), Florida Statutes."

Based on my observation of the witnesses and their demeanor while testifying, I make the following:

FINDINGS OF FACT

1. Hilda T. Clark, Respondent, is a registered nurse who holds license no. 21750-2. Evidence adduced during the course of the hearing reveals that during 1961, while Respondent was employed as a private duty nurse at Mount Sinai Hospital in Miami, she withdrew a narcotic drug, to wit: Dilaudid, for her patient, Mrs. Fanny Goldblum on approximately thirty occasions, which she administered to herself instead of the patient. Based on an Information for violation of the Florida Uniform Narcotic Drug Act (Chapter 398.19, F.S.) which was filed on March 15, 1961, the Respondent pled guilty and was placed on probation for a term of seven years on March 31, 1961. Thereafter, on January

   12, 1977, the Respondent, while employed as a private duty registered nurse at the University of Miami Hospital and Clinic, converted to her own use a narcotic drug, to wit: Demerol. When confronted with this fact, the Respondent admitted to the Head Nurse, M. Francis, R.N., that she had injected herself with the Demerol and that she was addicted to narcotics for many years.

   
   

2. The Respondent does not contest the above allegations and in fact admits that she engaged in the conduct that is alleged in the administrative complaint filed herein. However, she urges that the suspension of her license is unwarranted in these circumstances inasmuch as she was undergoing tremendous pressure based on her mother and spouse's poor health. Additionally, she related an incident wherein she was undergoing tremendous pain and was placed on the medication, Demerol for the relief of pain due to severe herpes zoster infection. Evidence and testimony introduced during the course of the hearing reveal that herpes zoster infection causes severe pain and that to control such pain, her physician, Edward E. Goldman, M.D., prescribed oral Tolwen, Demerol and Dilaudid suppositories. There also was evidence introduced during the course of the hearing which indicated that the Respondent is not now suffering from any drug related problems or addiction and that her professional abilities are beyond question. Respecting the most recent incident which occurred on January 12, 1977, evidence reveals that the Respondent was indeed laboring under a great deal of stress and mental pressures which, in her words, forced her to resort to the unlawful withdrawal and injection of the narcotic drug, Demerol. There was no evidence introduced that the Respondent engaged in any unlawful act during the period between the incident which occurred in 1961 and the January, 1977 incident. Nor was there any further evidence of any drug addiction problem by Respondent subsequent to the January, 1977 incident.

   
   

3. The unlawful use of and procurement of drugs by nursing professionals is a serious act which should not be condoned without sanction by the Board of Nursing. It goes without saying that such acts and/or conduct constitutes a departure from the minimal standards of acceptable and prevailing nursing practice and in fact constitutes unprofessional conduct. See Chapter 464.21(b), Florida Statutes. Based on evidence received during the course of the hearing, there is substantial and competent evidence from which a finding can be made that the Respondent engaged in conduct violative of the above chapter i.e., Subsection 464.21(b), Florida Statutes. However, there was no evidence introduced on which a finding can be made that the Respondent is guilty of conduct violative of Chapter 464.21(c) and (d), as alleged. Although two instances of unlawful useage of narcotic drugs was alleged which the Respondent admits, in view of the length of time between the two occurrences, the undersigned concludes that the record fails to establish that the Respondent is habitually addicted to the use of controlled substances as provided in Chapter 464.21(c), Florida Statutes. I shall therefore recommend that the remaining two allegations be dismissed. Respecting the finding that the Respondent engaged in unprofessional conduct within the meaning of Chapter 464.21(b), Florida Statutes, I shall bear in mind and give consideration to the lengthy and creditable service that she has given to the nursing profession, a profession in which she desires to continue to practice. Based thereon and the favorable testimonials received into evidence, I shall recommend that the Respondent be placed on probation for a period of two years.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

5. The authority of the Board (the Petitioner) is derived from Chapter 464, Florida Statutes.

   
   

6. The acts and conduct of the Respondent as found above constitutes conduct violative of Chapter 464.21(1)(b), Florida Statutes.

RECOMMENDATION

1. Based on the foregoing findings of fact and conclusions of law I hereby recommend that the Respondent be placed on probation for a term of two years.

   
   

2. In all other respects, I hereby recommend that the complaint allegations be dismissed.

RECOMMENDED this 12th day of September, 1977, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32202

George A. Kokus, Esquire Cohen and Kokus

500 Roberts Building

28 West Flagler Street Miami, Florida 33130

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AGENCY FINAL ORDER

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BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Hilda Teague Clark,

807 W. 79th Street CASE NO. 77-1195

Hialeah, Florida 33014

As a Registered Nurse License Number R.N. 21750-2

/

ORDER

The above entitled cause came on to be heard by the Florida State Board of Nursing on the 20th day of October, 1977, in the Board of Construction Industry Conference Room, 6501 Arlington Expressway, Building B, Jacksonville, Florida 32211.

Based upon the Findings of Fact contained in the Recommended Order of the Hearing Officer James Bradwell, dated September 12, 1977, and upon the evidence and testimony contained in the transcript of the proceeding, and a review of the entire record the Board finds that:

1. During 1961, while the Respondent Hilda T. Clark, was employed as a private duty nurse at Mount Sinai Hospital in Miami, she withdrew a narcotic drug, to-wit: Dilaudid, for her patient, Mrs. Fanny Goldblum on approximately thirty occasions, which she administered to herself instead of to the patient. An Information for violation of the Florida Uniform Drug Act (Chapter 398.19, F.S.) was filed against Respondent on March 15, 1961 and the Respondent pled guilty to the charge and was placed on probation for a term of seven years on March, 1961.

   
   

2. On January 12, 1977, the Respondent, while employed as a private duty nurse at the University of Miami Hospital and Clinic, converted to her own use a narcotic drug, to wit: Demerol. When confronted with this fact, the Repondent admitted to the Head Nurse, M. Francis, R.N., that she had injected herself with the Demerol and that she was addicted to narcotics for many years.

   
   

3. That the Respondent does not contest the above allegations and in fact admits that she engaged in the conduct that is alleged in the administrative complaint filed herein.

CONCLUSIONS OF LAW

Based upon the above Findings of Fact, the Board concludes that it has jurisdiction over the subject matter and the parties to this action and the Respondent engaged in conduct which is in violation of Florida Statutes, Section 464.21(b), unprofessional conduct, and in violation of Florida Statutes

464.21(d), engaging in the possession of a controlled substance as set forth in Chapter 893, for other than legitimate purposes.

ORDERED AND ADJUDGED that the Respondent's license to practice nursing as a registered nurse, license number 21750-2, be revoked effective this date.

DONE AND ORDERED this 31st day of October, 1977, at Jacksonville, Florida.

BOARD SEAL

ccs: Hilda Teague Clark 807 W. 79th Street

Hialeah, Florida 33014

Dorothy C. Stratton, R.N., President Florida State Board of Nursing

Julius Finegold, Esquire Blackstone Building Jacksonville, Florida

George A. Kokus, Esquire Cohen and Kokus

500 Roberts Building

28 West Flagler Street Miami, Florida 33130

Docket for Case No: 77-001195

Orders for Case No: 77-001195