STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1275

) JUDITH M. H. BANDLOW GIOIA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing in the above-styled cause was held in room 804, 400 West Robinson Street, Orlando, Florida, before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings beginning at 10:45

a.m. on October 19, 1978.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: Richard A. Gescheidt, Esquire

Amdur Building, Suite 2D

40 Southeast First Avenue Boca Raton, Florida 33432

ISSUE

Whether the license of Respondent Judith M. H. Bandlow Gioia, R.N. #26105-

2 should be suspended or revoked, or whether Respondent should be put on probation or otherwise disciplined.

FINDINGS OF FACT

1. During the period of time from March 1, 1978 through March 13, 1978, while employed as a Registered Nurse at Wuesthoff Memorial Hospital, Cocoa, Florida, Respondent converted to her own use on numerous occasions, a controlled narcotic drug, to wit: Demerol (meperidine) and injected herself with said narcotic on a daily basis.

   
   

2. Respondent altered the narcotic control record in order to hide the taking of said drugs noted in the foregoing paragraph and, in some instances, failed to chart the narcotic on the patient's medication sheet or nurses notes.

   
   

3. On or about March 13, 1978, on being confronted with the facts stated in the foregoing paragraphs 2 and 3 by the Director of Nurses, Nelda C. Mitchell, R.N., Respondent admitted her guilt and at that time gave Ms. Mitchell

   four ampules of Demerol 100 mg. which she had in her uniform pocket. Respondent was thereupon discharged from her position on March 13, 1978.

   
   

4. The Petitioner, State Board of Nursing, filed an administrative complaint against Respondent on March 27, 1978 charging Respondent with unprofessional conduct and with engaging in the possession of controlled substances contrary to Chapter 464 Florida Statutes. Respondent was notified that unless she requested an administrative hearing the Board would either place the license of Respondent on probation or suspend or revoke her license as a Registered Nurse. Petitioner requested an administrative hearing.

   
   

5. Respondent at the hearing admitted allegations one to four (4) of the administrative complaint and conceded such conduct was in violation of Section 464.21(1)(b) and 464.21(1)(d)

   
   

6. The Respondent through her attorney, and personally, testified that she requested the hearing, not to refute the allegations of the complaint but to mitigate the action pending by the State Board of Nursing.

   
   

7. A deposition entered into evidence by Respondent, without objection from the Petitioner, was taken on behalf of the Respondent. The witness was Cynthia H. Clowes, the therapist of Respondent when she was admitted to the Palm Beach Institute on March 16, 1978.

   
   

8. Ms. Clowes stated that if the Respondent were to undergo therapy by a person qualified in giving therapy in addiction that at the end of two years, more or less, Respondent would be ready to be exposed to access to drugs. She did not recommend that Respondent be exposed to drugs at the time of the deposition on August 7, 1978.

   
   

9. Ms. Clowes recommended that Respondent regularly attend Alcoholics Anonymous meetings.

   
   

10. It was Ms. Clowes' opinion that Respondent Gioia had the capability to resume her duties as a nurse on a part-time, but not a full-time basis.

    
    

11. The parties agreed that Michelle E. Vollard, Out-patient Therapist Substance Abuse Services, Brevard County Mental Health Center, Inc. would submit a statement to the Hearing Officer subsequent to the hearing.

    
    

12. The letter was received December 1, 1978 in the office of the Hearing Officer and was signed by Michelle Vollard, Out-patient Therapist Substance Abuse Services and Rene S. Turla, M.D., Team Psychiatrist.

    
    

13. The statement recommends that Ms. Gioia continue individual counselling for a period of at least a year and recommended that her access to narcotic drugs be limited, if not totally eliminated, while she is undergoing therapy. It was recommended that the Respondent attend an alcoholic orientation (education group), and an ongoing alcohol group.

    
    

14. The Hearing Officer further finds:

    
    

    1. Subsequent to her discharge from Wuesthoff Memorial Hospital Respondent voluntarily placed herself in the Palm Beach Institute for a period of six weeks. The purpose was to seek treatment for an

       apparent addiction to Demerol and to alcoholic substances. After leaving the Palm Beach Institute as an impatient she returned on several occasions to consult with her therapist as an outpatient.

    2. She has attended meetings of Alcoholics Anonymous in Brevard County and has sought

       aid of the Brevard County Mental Health Center.

    3. Respondent is at present under stress

       and may take narcotic drugs without a prescrip- tion, and may also drink alcoholic beverages

       to excess. She should continue treatment to control alcohol consumption.

    4. Respondent should have no access to drugs prescribed for patients.

       
       

       CONCLUSIONS OF LAW

       
       

15. Section 464.21(h) and (d) provides as follows:

    
    

    (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 actual injury need not be established.

    (d) Engaging in the posession, sale, or distribution of controlled substances as set forth in Chapter 893, for any other than legitimate purposes.

    
    

16. The Respondent is in violation of the foregoing statutes inasmuch as she failed to conform to the minimal standards of acceptable and prevailing nursing practice, and she engaged in possession of controlled substances for other than legitimate purposes.

RECOMMENDATION

Suspend the license of Respondent for a period of no less than two years.

DONE and ENTERED this 18th day of December, 1978, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Richard A. Gescheidt, Esquire Amdur Building - Suite 2-D

40 Southeast First Avenue Boca Raton, Florida 33432

Julius Finegold, Esquire 1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

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

6501 Arlington Expressway Building B.

Jacksonville, Florida 32211

Docket for Case No: 78-001275

Orders for Case No: 78-001275