STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL AND OCCUPATIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-881

)

ROBERT L. LEE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, conducted a final hearing in this case on November 1, 1978, in Sarasota, Florida.

The following appearances were entered: Julius Finegold, Jacksonville, Florida, for the Petitioner, Florida State Board of Nursing; and John M. Strickland, of the firm Strickland and Robie, Sarasota, Florida, for the Respondent, Robert L. Lee.

On or about April 21, 1978, the Florida State Board of Nursing issued an Administrative Complaint against its licensee, Robert L. Lee ("Respondent" hereafter). The Respondent requested a hearing and filed a Motion to Dismiss the complaint. On May 12, 1978, the Board of Nursing forwarded the complaint and the pending motion to the Division of Administrative Hearings for the assignment of a Hearing Officer, and the scheduling of a hearing. The Motion to Dismiss was denied by order entered June 7. The final hearing was scheduled to be conducted on August 9 by notice entered June 9, 1978. After being twice continued, the final hearing was ultimately conducted on November 1.

At the hearing, the Respondent stipulated that the allegations set out at Paragraphs 1, 2, 3, and 4 of the Administrative Complaint were true. The Board of Nursing rested its case based upon the stipulation and called no witnesses. The Respondent presented evidence respecting the appropriate penalty. The Respondent testified on his own behalf, and called the following additional witnesses, each of whom were familiar with the Respondent's professional reputation: Dr. Henry George Morton, a licensed physician; Dr. Linda Ann Schlumbrecht, a licensed physician; Dorothy A. Turner, a licensed registered nurse; Patricia Kuebler, a licensed registered nurse; Nancy Korcheck, a licensed registered nurse; Eunice Bowes, a licensed registered nurse; Emily Jane Flaherty, a licensed registered nurse; and John B. Finger, a probation officer employed in the Florida Department of Corrections. Respondent's Exhibits 1 and

2 were offered into evidence and were received.

FINDINGS OF FACT

1. The Respondent is a registered nurse who holds license number 65412-2, issued by the Florida State Board of Nursing. The Respondent stipulated at the final hearing that the facts set out in the first four paragraphs of the Administrative Complaint filed by the Florida State Board of Nursing were true. These allegations are as follows:

   
   

   1. On or about August 24, 1977, Respondent, admitted to Mr. William Draper, Assistant Director for Sarasota Memorial Hospital, Sarasota, Florida, that he had falsified hospital controlled drug records in the Emergency Room where he was employed as a registered nurse to cover up drug shortages.

      
      

   2. On or about August 24, 1977, after being advised of his Miranda rights by Detective

      J. L. Palmer of the Sarasota County Sheriff's Department, Respondent admitted to falsifying hospital controlled narcotic records to cover shortages of controlled narcotics

      
      

   3. The discrepancies in the hospital records with reference to controlled substances which were committed by the Respondent included, but are not limited to:

      1. Entering fictitious names on the morphine sulphate drug log and Demerol (Meperedine) drug log.

      2. Signing out for controlled narcotics on the drug log, but failing to make corresponding patient charge slips on

         the financial record.

      3. Signing out for controlled narcotics for patients for whom there were not physicians' orders for said narcotics

         for said patients, and failing to chart said narcotics on the patients' medical charts.

      4. Signing out for controlled narcotics for patients and failing to administer same or otherwise to account for their proper disposition.

         
         

   4. Based upon the above allegations, Respon- dent would be guilty of unprofessional conduct and in violation of Florida Statutes Section 464.21(1)(b) "

      
      

2. Prior to the events described in Paragraph 1, the Respondent was employed at the Sarasota Memorial Hospital as the charge nurse in the emergency room. He supervised 13 other people including Lonnie Collins. The Respondent noticed that Collins had displayed wide, unpredictable mood swings, was sweaty and had a runny nose. The Respondent also noticed that certain controlled drugs were missing, or had been appropriated without entries being made in the log books. The missing drugs were narcotics, and could have produced Collins'

   symptoms. Respondent immediately suspected that Collins was responsible for taking the drugs. He chose to try to help Collins by covering up the missing drugs, rather than by reporting them to his superiors, to the police, and to the Florida State Board of Nursing. He provided fraudulent names in the log books in order to cover for the missing drugs. He did not receive or use any of the drugs himself, and he was motivated by a desire to save Collins and Collins' career. He did not take Collins off duty despite the danger.

   
   

3. The Respondent did not realize that he was committing a crime, but he was prosecuted criminally, was convicted and placed on probation. He is now employed by the Sarasota Health Department as Clinics Manager.

   
   

4. Other than these incidents, the Respondent's nursing career has been distinguished. Several physicians and nurses testified at the hearing as to the high quality of his work and his character. They were unanimously shocked about the incidents that gave rise to this proceeding, and expressed a common opinion that the Respondent may tend to bend over a little too far in trying to help other people.

   
   

5. Falsely signing out for controlled drugs, and falsifying narcotic control logs are not things that show good professional character. It is apparent, however, that the Respondent was not motivated by personal gain, or by desire to obtain narcotic substances for his own use. His motivations were altruistic, albeit misguided. Except for these incidents, the Respondent has been an asset to his profession. It is apparent that the gravity of his mistake has been brought home to him. He has been prosecuted criminally and placed in jeopardy of permanently losing his ability to practice his profession. He has a keen awareness of the gravity of his errors and is not likely to repeat them.

   If the Respondent is permitted to continue practicing as a registered nurse, it is likely that he will henceforth be a valuable member of the profession.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding and over the parties. Sections 120.57(1), 120.60, Florida Statutes (1977).

   
   

7. The Respondent is guilty of unprofessional conduct, and has violated the provisions of Section 464.21(1)(b), Florida Statutes (1977).

   
   

8. In view of the fact that the Respondent was not motivated by personal gain, but rather by misguided altruism in falsifying the narcotic logs; the fact that the Respondent has otherwise been a credit to the nursing profession and has been an outstanding nurse; and the fact that the Respondent recognizes the gravity of his acts and is rehabilitated, it is appropriate that hid license to practice as a registered nurse not be revoked or suspended, but that he be reprimanded.

RECOMMENDED ORDER

Based upon the foregoing findings of fact and conclusions of law, it is, RECOMMENDED:

That the Florida State Board of Nursing enter a final order finding the Respondent guilty of the allegations set forth in Paragraphs 1 through 4 of the

Administrative Complaint filed by the Board, and formally reprimanding him for his conduct.

Recommended this 27th day of November, 1978, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings

101 Collins Building

Mail: 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

John M. Strickland, Esquire Strickland and Robie, P.A. 2828 South Tamiami Trail Sarasota, Florida 33579

Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32201

Geraldine B. Johnson, R.N. Investigation & Licensing Board of Nursing

6501 Arlington Expressway Building B

Jacksonville, Florida 32211

Docket for Case No: 78-000881

Orders for Case No: 78-000881