STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, BOARD OF )

NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1246

) JANE RUTH BURCH HARRISON, 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 9, 1977, in Lake City, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1005 Blackstone Building

Jacksonville, Florida 32201

For Respondent: Jane Ruth Burch Harrison, Pro Se

The Florida State Board of Nursing, hereafter sometimes called the Board, on June 20, 1977, filed an administrative complaint against Jane Ruth Burch Harrison, R.N., (hereafter sometimes called the Petitioner or Licensee) seeking to place on probation, suspend or revoke the license and the Licensee's right to practice as a registered nurse. The complaint alleges that the Licensee had engaged in conduct, which will be set forth in detail hereinafter, which constitutes unprofessional conduct in violation of Florida Statutes, Section 464.21(1)(b) and (f).

Based upon my observation of the witnesses and their demeanor while testifying, and the entire record compiled herein, I make the following:

FINDINGS OF FACT

1. Jane Ruth Burch Harrison, the Licensee, is a registered nurse in this state and holds license no. 18473-2. On or about October 15, 1976, Elsie McGuigan, an L.P.N. employed by Division Hospital in Lake City, Florida observed the Licensee on duty and appearing to be intoxicated to the extent that she was unable to carry out her duties as a registered nurse. Specifically, Ms. McGuigan observed the Respondent attempting to chart while she was in a daze. She attempted to get some assistance from the Licensee due to the heavy patient load on the three to eleven shift but the Licensee was unable to assist her due to her condition. Ms. McGuigan thereafter summoned Mary E. DePew, the Director of Nursing for the Division Hospital, and advised her of the Licensee's inability to function and the concern she had of the patient's well being. In

   so doing, she observed one patient who was receiving cardiac treatment and felt that the services of a doctor were necessary to check the patient's condition. Mrs. Ann Gurtler, an R.N. for approximately 34 years and an employee at Division Hospital, was also summoned on October 15, 1976 to assist with the patient load due to the Licensee's inability to function. She testified that one patient, Elsie Hilliard was suffering from asthma and breathing difficulties and required oxygen treatment to stabilize her condition. Trixie Mitchell, a nurses aide, while on duty on October 15, 1976 spoke to Respondent who was seen crying. She attempted to calm the Licensee down and told her that her problems should not be regarded as insurmountable. Mrs. DePew summoned a taxi to the hospital to take the Licensee home inasmuch as she was under the influence of alcohol. Shortly thereafter, the Respondent admitted herself for treatment at an alcoholic rehabilitation center at the Lake City Alcoholic Center and was confined for a period of one week. Upon her release, she was put on antabuse by Dr. John Philpot and returned to work at the Division Hospital. On May 10, 1977, while on duty, Respondent became intoxicated to the extent that she was unable to function as a nurse and was terminated from her employment by Ms.

   Depew.

   
   

2. The Respondent admitted that she reported to work while under the influence of alcohol and/or drugs. She testified that she did so based on the numerous matrimonial problems that she was having. She testified that her divorce had recently become final and that she had suffered a traumatic episode shortly after her divorce became final. She testified that her son recently became addicted to drugs and while driving in her car had an accident and critically injured a passenger. Licensee acknowledge the seriousness of the problems and the conduct in which she engaged in by reporting to work on October

   15 and on May 10, 1977 in an intoxicated state. She testified that these were isolated incidents which should not overshadow her total performance which had been adequate and resulted in no injury to patients. She is presently undergoing alcoholic treatment at the local alcoholic rehabilitation center and feels that she has put her alcoholic and drug problems behind her.

   
   

3. Based on the foregoing facts, the undersigned concludes that the Licensee has engaged in conduct violative of Chapter 464.21, Florida Statutes, as alleged. In view of the creditable testimony that the Licensee has submitted to treatment to cure her problems which she admitted, I shall recommend that the Licensee be placed on probation for a period of two years. In so doing, consideration was given to the fact that the Licensee recognized the seriousness of the problem which she is now suffering from and her voluntary submission to treatment at the local alcoholic rehabilitation center.

   
   

   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 is derived from Chapter 464, Florida Statutes.

   
   

6. The conduct of the Licensee as found above constitutes violation of Chapter 464.21(1)(b) and (f), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Licensee be placed on probation for a period of two years.

RECOMMENDED THIS 3rd day of August, 1977, in Tallahassee Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32201

Jane Ruth Burch Harrison 2620 South Marion Street M4 Lake City, Florida 32055

Docket for Case No: 77-001246

Orders for Case No: 77-001246