STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2191

) LORENE C. JONES BIDDY, L.P.N., )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on February 21, 1978, in Conference Room 120, 6501 Arlington Expressway, Jacksonville, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was presented upon an administrative complaint filed by the Florida State Board of Nursing against Biddy alleging that she had violated provisions of Section 464.21(1)(b), Florida Statutes, by failing to properly maintain an account for percodan tablets delivered into her custody and care for the use of a patient.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1007 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Lorene C. Jones Biddy, LPN,

represented herself

ISSUE

Whether the Respondent is guilty of unprofessional conduct by failure to maintain and account for Percodan tablets delivered into her care for administration to patient for whom she was responsible.

FINDINGS OF FACT

1. Lorene C. Jones Biddy is a licensed practical nurse holding license no. LPN 19019-1 issued by the Florida State Board of Nursing.

   
   

2. Biddy was employed on September 26, 1977, at Riverside Convalescent Center, Jacksonville, Florida. On September 26, 1977, a patient, Nellie Cox, was transferred from the fourth floor of Riverside Convalescent Center to the second floor. Ellain Smith, LPN, transferred Cox and her medications from the fourth floor to the second floor. Among Cox's medication, she delivered 27 to

   28 capsules of percodan to Mrs. Goede, LPN, who was in charge of the fourth floor on the 8 to 4 shift. As part of the transfer, Smith and Goede inventoried the Percodan tablets and the count was determined to be correct.

3. Biddy relieved Goede at 4:00 p.m. and a narcotics count was taken at this time in accordance with the normal procedures of the convalescent center. After the count was conducted, Goede transferred the only key to the narcotics locker to Biddy. This count included the Percodan tablets for the patient, Nellie Cox. The narcotics sign-out sheet for the Percodan for the patient Cox was also turned over to Biddy.

   
   

4. Constance Williams, LPN, relieved Biddy at 12 midnight. At that time an inventory was conducted of the narcotics. No Percodan tablets were counted and no records for Percodan were present. Williams accepted the key for the narcotics locker from Biddy. At 7:45 a.m. the morning of September 27, 1977, Williams was relieved by Goede. At this time an inventory was conducted and the key to the narcotics locker was transferred to Goede.

   
   

5. Later that morning, while reviewing the medication for the patient Cox, Goede observed that Cox had been administered Percodan at 5:00 and again at 9:00 on the evening of the 26th. Goede also recalled that she did not inventory any percodan when she came on shift that morning. She reported this fact to the nursing supervisor, Marsha Jones, R.N.

   
   

6. Jones and Goede conducted a second search of the narcotics locker which failed to turn up any Percodan tablets or the narcotics sign-out sheet for Percodan. Jones then questioned Williams, who stated that there was no Percodan present when she began her shift. Goede remembered receiving the Percodan for Cox from Smith on September 26 and the Percodan being present when inventory was conducted with Biddy who relieved Goede.

   
   

7. Lorene Biddy has been an L.P.N. for ten (10) years. She testified that she had conducted the narcotics inventory with Goede when she came on duty on September 26, 1977. She stated that she did not remember any Percodan being present on the ward. She said her entry on the medication record showing administration of Percodan to Cox at 5:00 and again at 9:00 was a charting error which she had made because she had gotten behind in her charting because of the demands on her time in caring for a patient who died that evening.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Florida State Board of Nursing has the authority to make a final determination on the administrative complaint in this case.

   
   

9. The Florida State Board of Nursing has charged Lorene C. Jones Biddy with violation of Section 464.21(1)(b), Florida Statutes, because of unprofessional conduct in her failure to account for Percodan, a controlled substance, and a narcotics sign-out sheet for this drug.

   
   

10. The evidence indicates that Respondent assumed responsibility for the Percodan and the narcotics sign-out sheet for this drug for the patient, Nellie Cox. The evidence also shows that she failed to turn this drug and the narcotics sign-out sheet over to her relief at the end of her shift. This failure constitutes unprofessional conduct on the part of the Respondent.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Florida State Board of Nursing suspend the license of Lorene C. Jones Biddy for a period of six months.

DONE and ORDERED this 9th day of March, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings

530 Carlton Building 2009 Apalachee Parkway

Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1007 Blackstone Building

Jacksonville, Florida 32202

Lorene C. Jones Biddy, LPN 2128 Butler Avenue

Middleburg, Florida 32068

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AGENCY FINAL ORDER

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BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Lorene C. Jones Biddy 2128 Butler Avenue

Middleburg, Florida 32068 Case No. 77-2191

As a Licensed Practical Nurse License Number 19018-1

/

ORDER

The above entitled cause came on to be heard by the Florida State Board of Nursing on the 3rd day of April 1978, in the Board of Construction Industry Conference Room, 6501 Arlington Expressway, Building B, Jacksonville, Florida 32211.

The Board, having reviewed the entire record, including all pleadings, exhibits admitted into evidence, the transcript of hearing proceedings, the Findings of Fact, Conclusions of Law and Recommended Order of the Hearing Officer, adopts the Findings of Fact of the Hearing Officer. Based upon the Findings of Fact, the Board concludes that the Respondent is guilty of

unprofessional conduct in violation of Florida Statutes, Chapter 464.21(1)(b) and IT IS THEREFORE:

ORDERED AND ADJUDGED that the licensed practical nurse license number 19018-1 of the Respondent, Loreno C., Jones Biddy, be suspended for a period of three years. That the suspension be stayed after a period of one year and the licensee be placed on probation for a period of two years with the following terms and conditions:

1. That the Respondent shall return license number 19018-1 and current annual renewal receipt issued to practice nursing as a licensed practical nurse to the Florida State Board of Nursing forthwith. The failure to comply shall be deemed a violation of this condition of the probation.

   
   

2. That the Respondent refrain from violation of any law, Federal, State, or Local.

   
   

3. That the Respondent inform the Florida State Board of Nursing immediately of any change of address or change of employment.

   
   

4. That the Respondent request her employer to provide this office with an evaluation of her nursing performance every three (3) months while on probation to this Board.

   
   

5. That the Respondent pursue a course in charting and appropriate handling of medications and provide the Board of Nursing with verification of completion of such a course prior to reentering the practice of nursing.

DONE AND ORDERED this 14th day of April, 1978, at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING

By: Dorothy C. Stratton, R.N., President

BOARD SEAL

ccs: Lorene C. Jones Biddy 2128 Butler Avenue

Middleburg, Florida 32068 Julius Finegold, Esquire

Docket for Case No: 77-002191

Orders for Case No: 77-002191