STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-184

)

MARY WOOD PENNINGTON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing officer with the Division of Administrative Hearings, at 10:30

1. in Room 115, the Putnam County Courthouse, Palatka, Florida. The issue for determination at the hearing was whether the registered nursing license number 59864-2 of respondent and her right to practice thereunder should be disciplined for the reasons set forth in the Administrative Complaint dated December 3, 1978.

   
   

   APPEARANCES

   
   

   For Petitioner: Julius Finegold

   1107 Blackstone Building

   233 East Bay Street Jacksonville, Florida 32202

   
   

   For Respondent: No appearance

   
   

   FINDINGS OF FACT

   
   

   Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

   
   

   1. At all times relevant to the charges in this proceeding, respondent was employed as a registered nurse on the 11:00 P.M. to 7:30 A.M. shift aft the Putnam Community Hospital in Palatka, Florida.

      
      

   2. On or about October 28, 1978, the night supervisor at the Hospital, Ollie Craven, discovered an empty vial of Demerol (Meperidine) in the narcotic box, to which respondent had a key. Normally, the vial would be broken after use, but this vial was not broken. From this date until December 1, 1978, respondent was observed by the staff to exhibit symptoms of being under the influence of drugs. These symptoms included wide mood swings, lethargic behavior, minute-sized pupils and a very dry mouth, all consistent with one taking narcotics.

      
      

   3. When respondent came on duty on or about December 1, 1978, she appeared to be ill and did vomit. When observed later in the lounge, she was drowsy and lethargic. The night supervisor observed what appeared to be Demerol in her lab

      coat pocket. Feeling that respondent was not capable of carrying out her duties, Ms. Craven telephoned Ms. Wallace, the Director of Nurses, at about 3:00

      A.M. and Ms. Wallace came to the Hospital.

      
      

   4. When questioned by Ms. Wallace, respondent denied having taken any drugs. Ms. Wallace palpitated the respondent's thighs and found the tissue to be hard and consistent with numerous injections. Respondent was asked to give a blood and a urine sample and did so. She was observed to have blood spots on her girdle. Ms. Wallace observed the respondent to be dull, with an extremely dry mouth and minute, pinpoint sized pupils.

      
      

   5. The blood and urine samples were positive for Meperidine, also known as Demerol, a controlled substance.

      
      

   6. By an Administrative Complaint dated December 3, 1978, the petitioner Board charged respondent with unprofessional conduct and a violation of F.S. Section 464.21(1)(b). On January 11, 1979, the respondent signed a form requesting an administrative hearing on the charges. In mid-February, the undersigned received a letter from the respondent reading as follows:

      
      

      Ms. Tremor:

      
      

      The hearing will have to be held without me. I am not now able to attend or will I be able in the next 60 to 90 days. Doctors

      orders. He states it will be to much tension because of the heart attack I have had.

      
      

      Sincerely yours Mary Pennington

      The attorney for the Board opposed a continuance without a letter from the respondent's physician. By notice of hearing dated May 3, 1979, the final hearing was noticed for June 4, 1979. The respondent Pennington did not appear at the hearing.

      
      

      CONCLUSIONS OF LAW

      
      

   7. Florida Statutes, Section 464.21(1)(b), gives the Board of Nursing authority to discipline the holder of a nursing license whose default has been entered or who has been heard and found guilty of unprofessional conduct. Such conduct includes a departure from or a failure to conform to minimal standards of acceptable and prevailing nursing practice and actual injury need not he established.

      
      

   8. In this proceeding, the Board has sustained its burden of proof in illustrating that the respondent engaged in unprofessional conduct while on duty as a registered nurse. During her regular employment hours, respondent was under the influence of drugs, and was unable to perform her duties as a registered nurse. This was evidenced by her dull and lethargic behavior, her physical appearance and the results of blood and urine samples taken from her. Being under the influence of drugs while on duty constitutes unprofessional conduct within the meaning of F.S. Section 464.21(1)(b), for which the Board is authorized to take disciplinary measures.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that the respondent be found guilty of unprofessional conduct in violation of Section 464.21(1)(b), Florida Statutes, and that her registered nursing license be suspended for a period of six (6) months.

Done and entered this 2nd day of July 1979, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Geraldine Johnson Coordinator of Investigation

and Licensing

State Board of Nursing

111 East Coastline Drive Suite 504 Jacksonville, Florida 32202

Julius Finegold, Esquire 1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

Mary Wood Pennington Route 2, Box 1480

Palatka, Florida 32077

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

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

BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Mary Wood Pennington

As a Registered Nurse Case No. 78-764

Route 2, Box 1480 License Number 59864-2

Palatka, Florida 32077

/

ORDER

This matter came on for final action by the Florida State Board of Nursing on the 20th day of August, 1979, at 111 Coast Line Drive East, Suite 508, Jacksonville, Florida.

The Board, after 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, rejects the recommended order as the agency's order. The Board adopts the Hearing Officer's findings of fact, however, the Board further finds that the findings of fact of the hearing officer are not complete in that the hearing officer's findings of fact do not set forth all aspects of the unprofessional conduct of the Respondent. Specifically, the Board finds that there was substantial competent evidence adduced at hearing to show that the Respondent, Mary Wood Pennington did in fact dilute or deprive patients in her charge with medication prescribed by their physicians. (Transcript ((T)) 20- 21). The testimony of Carolyn Wallace, R.N., Supervisor of Nursing at Putnam Community Hospital reflects that Respondent on many and repeated occasions was unable to perform her professional responsibilities, and evidenced signs of being under the influence of narcotic drags especially Demoral, and upon verification of this information, took appropriate action. Additionally, the testimony of Ms. Wallace and Mrs. Ollie Craven, R. N., a supervisory nurse at Putnam Community Hospital, showed that Respondent had developed indurated areas in her thighs, indicating a sustained use of such physical areas for injections of drugs. (T 15, 24-25).

Under these circumstances, and having reviewed the complete record, the Board is of the opinion that the six (6) month suspension penalty recommended by the hearing officer does not reflect the seriousness of the offense in this matter. ACCORDINGLY, IT IS:

ORDERED AND ADJUDGED that the registered nurse license number 598864-2 of the Respondent, Mary Wood Pennington, be suspended for a period of three (3) years. However, it is ordered that said suspension be stayed after a period of one and one half years and the licensee be placed on probation for the remaining period of one and one half years upon the following terms and conditions.

1. That the Respondent shall forthwith return license number 59864-2 and current renewal receipt issued to practice nursing as a registered nurse to 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 attend an adult mental health clinic or undergo treatment by a qualified psychiatrist or drug rehabilitation program and provide this Board with a written report from the therapist, counsellor, or physician every three (3) months of her progress in the program or treatment.

   
   

4. That the Respondent leave the program in which she enrolls obtain random urine samples for analysis and provide this Board's written report of the findings of such an analysis.

   
   

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

6. If employed as a nurse during the period of probation, that the Respondent have her employer to provide the Board with an evaluation of her nursing performance every three (3) months during the period of this probation. Such evaluations must prove to be satisfactory to the board.

The failure to Comply with the above terms shall be deemed a violation of this order.

DONE AND ORDERED this 31st day of August, 1979, at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING

BY:

Dorothy C. Stratton, R.N. President

BOARD SEAL

copies furnished:

Mary Wood Pennington

Julius Finegold, Esquire

Docket for Case No: 79-000184

Orders for Case No: 79-000184