STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1142

)

BEVERLY CERALDI PONTE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held in the above-styled cause in Miami, Florida, 401 NW 2nd Ave., Room 320, on August 22, 1978 commencing at 12:00 noon before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Carl L. Masztal, Esquire

Suite 806 Concord Building

66 W. Flagler Street Miami, Florida

Brief and Norman Malinski, Esquire Proposed Order: 2825 South Miami Avenue

Miami, Florida

ISSUE

Whether the license of Respondent should be suspended, revoked, or whether the Respondent should be otherwise disciplined.

FINDINGS OF FACT

Upon consideration of the evidence introduced and the testimony elicited, the following facts are found:

1. Am administrative complaint was filed against Respondent Ponte by the Petitioner, Florida State Board of Nursing, on May 26, 1978 seeking to place on probation, suspend or revoke the LPN License No. 38103-1 held by Respondent Beverly Ceraldi Ponte. The complaint was amended at the public hearing to delete allegation number 5. "Respondent, while being searched at the women's annex of the jail, was found to be in possession of one glass vial of promethazine, a prescription drug."

2. The complaint alleged that the Respondent, on several occasions, signed out for controlled narcotics for patients in her care and failed to properly account for the disposition of said narcotics; that Respondent converted a narcotic controlled substance to her own use and admitted to Dade County Police officers the theft of the drug; and that Respondent had in her possession at the time of her arrest a large quantity of syringes (tubex of from 50-75 milligrams of demerol) consisting of a total of 24, of which 7 were empty.

   
   

3. The Respondent Beverly Ponte, a Licensed Practical Nurse, was employed at the Miami Heart Institute on January 16, 1978. On that date she signed out for a controlled narcotic, demerol, the generic term being meperedine, for four patients in her care. The medication sheets for the four patients failed to show that demerol or meperedine had been administered to the patients, and no disposition of the narcotics was shown by Respondent.

   
   

4. On or about April 7, 1978 Beverly Ponte, the Respondent, was employed at Palmetto General Hospital in Hialeah, Florida. The evening supervisor, a Registered Nurse, was called at about 10:30 p.m. by one of the staff nurses to examine a narcotic sheet kept for patients under the care of the Respondent Ponte, the medication nurse on the shift that evening. The Vice President and Director of Nursing Service was then called and the police were notified that there was an apparent narcotic problem on the floor of the hospital. The police and the director questioned the Respondent. She was searched and on her person was found 24 syringes (tubexes or pre-loaded syringes) of the type used by the hospital. Respondent admitted that she had taken drugs that evening and could not tell the director which of the patients under her care had had medication.

   
   

5. The Respondent was arrested and handcuffed. Thereafter an information was filed in the Eleventh Judicial Circuit Court in and for Dade County, Florida charging Respondent with possession of a controlled substance (meperedine) and charged with a count of petit larceny. The Respondent entered a plea of nolo contendre and was found guilty of possession of controlled substance and petit theft and was placed on probation for a period of eighteen months, beginning May 2, 1978, with a special condition that the Respondent not seek employment where she personally had access to narcotic drugs and to also complete the outreach program which is a drug rehabilitation program.

   
   

6. The proposed order of the Respondent has been considered and each proposed fact treated herein. Evidence as to the adherence to the condition of probation, the present employment of Respondent, and whether Respondent should be allowed to sit for nursing license examination is insufficient and no finding is made in regard thereto. No memorandum or proposed order was submitted by the Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 464.21(1)(b) and Section 464.21(1)(d) provides:

464.21 DISCIPLINARY PROCEEDINGS.-

(1) GROUNDS FOR DISCIPLINE. - The board shall have the authority to deny a license to any applicant or discipline the holder of a license or any other person temporarily authorized by the board to practice nursing in the state whose default has been entered

or who has been heard and found guilty by the board of:

* * *

(b) Unprofessional conduct, which shall include any departure from, or the failure to conform to, the minimal standards

of acceptable and prevailing nursing practice, in which proceeding actually injury need not be established.

* * *

(d) Engaging in the possession, sale, or distribution of controlled substances

as set forth in chapter 893, for any other than legitimate purposes.

The Respondent Ponte has violated the foregoing statutes by her failure to properly care for her patients; by her theft of drugs and syringes; by use of drugs not prescribed for her; and by attempting to work in her profession while under the influence of drugs.

RECOMMENDATION

Suspend the license of Respondent Ponte.

DONE and ORDERED this 21st day of November, 1978, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Julius Finegold, Esquire 1107 Blackstone Building

Jacksonville, Florida 32202

Carl L. Masztal, Esquire Suite 806 Concord Building

66 W. Flagler Street Miami, Florida

Norman Malinski, Esquire 2825 South Miami Avenue Miami, Florida

Geraldine B. Johnson, R.N. Investigation and Licensing Coordinator State Board of Nursing

6501 Arlington Expressway, Building B. Jacksonville, Florida 32211

================================================================= AGENCY FINAL ORDER

=================================================================

BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Beverly A. Ceraldi Ponte

3500 S. W. 47th Avenue CASE NO. 78-1142

West Hollywood, Florida 33023 As a Licensed Practical Nurse License Number 38103-1

/

ORDER

This matter came on for final action by the Florida State Boards of Nursing on the 12th day of December, 1978, at the Langford Resort Hotel, Corner of New England and Interlachen, Winter Park, Florida.

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 and, based upon the testimony of Freda K. Drees, Director of Nursing Service at Palmetto General Hospital and the Laboratory Analysis Report (Petitioners Exhibit #4), also finds that the 24 tubexes found on Respondent's person contained a controlled substance to wit: meperedine.

The Board further adopts the conclusions of law of the Hearing Officer, Delphene C. Strickland, as stated in her Recommended Order.

The Board has considered Respondent's Exceptions to Recommended Order, but finds that the matters contained therein are collateral to the issues of this cause and do in no wise refute the findings of fact, which were based upon competent substantial evidence, nor the conclusions of law of the Hearing Officer. THEREFORE IT IS,

ORDERED AND ADJUDGED that the licensed practical nurse license number 38103-1 of the Respondent, Beverly A. Ceraldi Ponte, be suspended for a period of three years However, it is ordered that said suspension be stayed after a

period of one (1) year and the licensee be placed on probation for the remaining period of two (2) years upon the following terms and conditions:

1. That the Respondent shall forthwith return license number 38103-1 and current annual renewal receipt issued to practice nursing a licensed practical nurse the Florida State Board of Nursing. 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 continue enrollment in an Adult Mental Health Clinic and provide this Board with a satisfactory written report from the therapist, counsellor, or physician every three (3) months of her progress in the program or treatment.

   
   

4. That the Respondent inform, in writing, the Florida State Board of Nursing immediately of any change of address or change of employment.

   
   

5. That the Respondent have her employer to provide the Board with a satisfactory evaluation of her nursing performance every three (3) months during the period of this probation.

   
   

6. That the Respondent have random drug screen urinalysis performed and provide this office with reports and copies of these screenings every three (3) months.

The failure to comply with the terms of said probation shall be deemed a violation of this order.

Done and ordered this 20th day of December, 1978, at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING

BY:

Dorothy C. Stratton, R.N., President

BOARD SEAL

COPIES FURNISHED:

Beverly A. Ceraldi Ponte 3500 S. W. 47th Ave.

West Hollywood, Florida 33023

Carl L. Masztal, Esquire Suite 806 Concord Bldg.

66 Flagler Street Miami, Florida

Norman Malinski, Esquire 2825 South Miami Ave.

Miami, Florida

Julius Finegold, Esquire Attorney for the Board

Docket for Case No: 78-001142

Orders for Case No: 78-001142