Judges: STEPHEN F. DEAN
Agency: Department of Health
Latest Update: Jun. 08, 1979
Summary: Registered Nurse (RN) admitted addiction/stealing drugs as alleged. She had voluntarily suspended practice and gone to rehabilitation. She presented referrals from probation officer, supervisor, and head RN.
78-2056.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 78-2056
)
DEBORAH SANCHEZ NELSON, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard pursuant to notice on February 8, 1979, in Miami, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.
APPEARANCES
For Petitioner: Julius Finegold, Esquire
1007 Blackstone Building
Jacksonville, Florida 32202
For Respondent: Deborah Sanchez Nelson, pro se
19414 Northwest 30th Court Miami, Florida 33162
This case was presented on an administrative complaint filed by the State Board of Nursing against Deborah Sanchez Nelson alleging that Nelson was guilty of unprofessional conduct contrary to provisions of Section 464.21(1)(e) and possession of controlled substances contrary to Chapter 893, which constitutes a violation of Section 464.21(1)(d), Florida Statutes.
Prior to the commencement of the hearing and after having been advised of her right to counsel, her right to remain silent, and her right to require the Board to present proof of all the allegations against her, Nelson admitted the factual allegations contained in the administrative complaint in Paragraphs 1, 2, and 3. Thereafter, the State Board of Nursing rested its case, and Deborah Sanchez Nelson presented testimony in mitigation.
The only issue remaining in this cause is the disciplinary action, if any, to be taken by the Board.
FINDINGS OF FACT
The Respondent, Deborah Sanchez Nelson, L.P.N., admits that on or about February 23, 1978, on the sixth floor of Palmetto General Hospital, Hialeah, Florida, several ampules of a controlled drug, to wit: Demerol (Meperedine) Injectable, were discovered to have been tampered with in that the fluid levels were not uniform as is true of untampered ampules. The Respondent was assigned to medications on the sixth floor of said hospital and was questioned concerning
the incident and admitted to having taken said narcotic. A search of the Respondent's purse by an officer of the Hialeah Police Department revealed a vial labeled as water, containing approximately 12 cc of clear liquid, which upon being chemically analyzed proved to be Meperedine.
Deborah Sanchez Nelson had worked at Palmetto General Hospital from February 10, 1978, until the incidents described above on February 23, 1978. Nelson has voluntarily not worked as a licensed practical nurse since that date and is currently employed at J. C. Penny's as a salesperson.
Freda Drees, Director of Nursing at Palmetto General Hospital, first met Nelson upon her employment on February 10, 1978. Drees observed Nelson during the hospital's orientation program and later after she assumed her duties with the hospital. Drees described Nelson as a good nurse.
Mitchell M. Ross, Director of Pharmacy, Palmetto General Hospital, testified that he had known Nelson for approximately four years, having first met her while employed as a pharmacist at Parkway General Hospital. Nelson was employed at Parkway General Hospital serving on the night shift. Ross had occasion to observe Nelson and stated that she was very good with patients.
Ross stated that there had never been any trouble with Nelson at Parkway General Hospital involving drugs and that because of his position with the hospital he would have been aware of any discrepancies or violations.
Dorothy Ware, State Probation Officer, Department of Corrections, testified that she had known Nelson since July, 1978, when Nelson was assigned to her as a probationer. Nelson had been placed on probation by the Broward County Court as a result of her conviction for leaving the scene of an accident which occurred on approximately February 28, 1978. Ware stated that Nelson admitted her drug involvement to her during their initial interview and sought assistance from Ware in dealing with her drug problem. Nelson was referred by Ware to a drug rehabilitation program and immediately contacted this program. However, testing by the program revealed that Nelson was not using drugs, and she was not placed in the program. Ware stated that Nelson was very responsible, had met all obligations of her probation to include paying the cost of her probation as directed by the court. Ware stated that Nelson was very remorseful about her drug involvement and having taken drugs from the hospital. Ware recommended that no action be taken that would deny Nelson her right to practice practical nursing.
Deborah Sanchez Nelson testified on her own behalf and admitted she had been involved with drugs for eight months. She stated that her involvement arose when she became personally involved with an individual who was involved with drugs and started using drugs herself. The drug of use was Demerol, which her friend was supplying. She stated that she had not admitted to herself that she was addicted and needed drugs until the incident at Palmetto General Hospital. At that time she had broken off her relationship with the person with whom she was involved and who was supplying her with the drug, Demerol. Nelson stated that the accident which had led to her conviction for leaving the scene of an accident had occurred because she was distraught over her theft of drugs from the hospital, the termination from her job, and the realization that she was addicted to drugs. After the accident, Nelson was admitted by a psychiatrist to the hospital for treatment. Nelson stated her involvement with drugs was over and that she had a better self-image of herself. Her testimony concerning her no longer being involved with drugs was confirmed by Ware's testimony that the study done of Nelson by the drug referral service revealed that Nelson was not using drugs. Nelson stated that she missed nursing, desired
to continue practicing nursing, and would submit to any conditions established by the Board if permitted to continue in nursing.
CONCLUSIONS OF LAW
The State Board of Nursing charged that the Respondent is guilty of unprofessional conduct contrary to Section 464.21(1)(e) and possession of controlled substances contrary to Chapter 893 in violation of Section 464.21(1)(d), Florida Statutes. The facts of the administrative complaint admitted by the Respondent show that she is guilty of violation of Section 464.21(1)(e) and Section 464.21(1)(d), Florida Statutes.
RECOMMENDATION
The admissions of the Respondent clearly establish that she violated the provisions of law cited above. The testimony in mitigation establishes that the Respondent was, prior to her involvement with drugs, a fine nurse who was good with patients. The Respondent's involvement with drugs arose out of a personal involvement with an individual who was also involved with drugs and supplied the Respondent with Demerol, which was the drug of abuse. The Respondent testified that she had not admitted to herself her addiction until her supply of Demerol was cut off, when her personal relationship with the individual supplying her was terminated. Nelson has sought professional treatment for her personal and drug problems, overcoming her drug addiction and apparently the personal problems which gave rise to it. She has voluntarily not practiced nursing for approximately one year. The Director of Nursing for Palmetto General Hospital and the Director of the Pharmacy at Palmetto General Hospital both voluntarily testified in her behalf. Her probation officer voluntarily appeared and confirmed that Nelson was no longer involved in drugs, was deeply remorseful over her involvement with drugs and stealing drugs from the hospital, and had responsibly met all of the terms of her probation for conviction of an unrelated offense. Her probation officer specifically recommended that no action be taken to deny Nelson the opportunity to practice nursing. Nelson testified and exhibited remorse and concern over her actions, freely admitted her addiction, and stated that she had overcome her drug problem and personal problems and turned her life around. She stated that she missed nursing and desired to return to nursing.
The use of drugs by a nurse is one of the most serious violations of Chapter 464 because of the access available to medical personnel and because they must be mentally and physically capable of attending patients whose lives and well-being are entrusted to them. If possible, the theft of drugs from patients, or the adulteration of drugs for patients' use, is more serious because it affects the strength of the drugs administered and subjects the patient receiving them to pain and suffering. However, addiction is a powerful thing, and it overcomes the natural inclinations and professional training one has received. Unquestionably, those guilty of such violations should be appropriately disciplined. Generally, in a case involving patients' drugs a suspension of no less than two years would be recommended. However, in this instance the Respondent voluntarily removed herself from nursing nearly one year ago, which should be considered in determining the final penalty. Also, her own efforts and success in overcoming her personal problems and addiction must be considered.
Based on the foregoing Findings of Fact Conclusions of Law and Facts in Mitigation, the Hearing Officer would recommend that the Board suspend the license of the Respondent for 24 months, give credit to the Respondent for the
12 months she has voluntarily not practiced, and suspend the last six months of the remaining 12 months, permitting the Respondent to return to practice under conditions established by the Board in order that the Board may maintain closer supervision over the Respondent during her initial return to practice.
DONE and ORDERED this 27th day of February, 1979, in Tallahassee, Leon County, Florida.
STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Julius Finegold, Esquire 1007 Blackstone Building
Jacksonville, Florida 32202
Geraldine B. Johnson State Board of Nursing
6501 Arlington Expressway, Bldg B Jacksonville, Florida 32211
Deborah Sanchez Nelson 19414 NW 30th Court Miami, Florida 33162
================================================================= AGENCY FINAL ORDER
=================================================================
BEFORE THE FLORIDA STATE BOARD OF NURSING
IN THE MATTER OF:
Deborah Sanchez Nelson
As a Registered Nurse Case No. 78-2056
19414 N. W. 30th Court License Number 32957-1 Miami, Florida 33162
/
ORDER
This matter came on for final action by the Florida State Board of Nursing on the 23rd day of April, 1979, at the Ramada Inn West, 2121 W. Tennessee Street, Tallahassee. 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 and Conclusions of Law of the Hearing Officer and IT IS THEREFORE:
ORDERED AND ADJUDGED that the licensed practical nurse, license number 32957-1, of the Respondent, Deborah Sanchez Nelson, be suspended for a period of two years. However, it is ordered that said suspension be stayed after a period of one year and the licensee be placed on probation for the remaining period of one (1) year upon the following terms and conditions:
That the Respondent forthwith return the original license, number 32957-1 and current renewal receipt issued to practice nursing as a licensed practical nurse to the Florida State Board of Nursing. The failure to comply shall be deemed a violation of this condition of the probation.
That the Respondent refrain from violation of any law, Federal, State, or Local.
That the Respondent inform, in writing, the Florida State Board of Nursing immediately of any change of address or change of employment.
If employed as a nurse during the period of probation, that the Respondent have her employer provide the Board with a written evaluation of her nursing performance every three (3) months during the period of this probation.
The failure to comply with the terms of said probation shall be deemed a violation.
DONE AND ORDERED this 30th day of April, 1979, at Jacksonville, Florida.
FLORIDA STATE BOARD OF NURSING
BY:
Dorothy C. Stratton, R.N. President
BOARD SEAL
ccs: Deborah Sanchez Nelson 19414 N. W. 30th Court Miami, Florida 33162
Julius Finegold, Esquire
Docket for Case No: 78-002056
Orders for Case No: 78-002056
| Issue Date |
Document |
Summary |
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Apr. 30, 1979 |
Agency Final Order
|
|
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Feb. 27, 1979 |
Recommended Order
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Registered Nurse (RN) admitted addiction/stealing drugs as alleged. She had voluntarily suspended practice and gone to rehabilitation. She presented referrals from probation officer, supervisor, and head RN.
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