STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1015

)

DEBRA ANN ROBERTS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, on September 19, 1979, beginning at 9:00 o'clock a.m. in Room 510, Richard P. Daniel State Regional Office in Jacksonville, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: Gary A. Benson, Esquire

437 East Monroe Street, Suite 201 Jacksonville, Florida 32202

ISSUE

Whether the license of the Respondent, Debra Ann Roberts, should be placed on probation, suspended or revoked.

FINDINGS OF FACT

1. The Respondent, Debra Ann Roberts, R. N., holds License No. 1019542. During the time pertinent to this hearing, September of 1978, she was employed at University Hospital in Jacksonville, Florida.

   
   

2. An Administrative Complaint was issued against Respondent Roberts on April 20, 1979, alleging unprofessional conduct. The Respondent requested an administrative hearing.

   
   

3. On or about September 14, 1978, while employed as a registered nurse at University Hospital in Jacksonville, Florida, Respondent Roberts committed a medication error by administering Decadron 4 mg. to an infant patient, when the physician's order called for Decadron 2 mg. for said patient. The Respondent admitted this allegation of the Administrative Complaint. After this incident she went through a brief training period, during which time she was not allowed to give medications but was allowed to continue to work.

4. Yvonne Ivey, R. N., the head nurse in the newborn nursery at University Hospital, who was the pediatric supervisor at the time pertinent to this hearing, received an undated letter from Louvenia Sewell, R. N., another nurse and co-worker of the Respondent. This letter was received in the hospital as are many letters in the office of the supervisor or director of personnel. In this letter Ms. Sewell accused Respondent Roberts of leaving for a half-hour break instead of feeding an infant in her care and also stated that she, Ms. Sewell, was required to feed the baby.

   
   

5. Ms. Sewell was not subpoenaed as a witness. Respondent Roberts explained that in fact she had fed the baby water, that the baby had been sick and required only water. Ms. Sewell and the Respondent did not get along well together, and it cannot be determined whether the Respondent properly fed the infant.

   
   

6. On or about September 26, 1978, while being counseled by Ms. Ivey in the presence of Ms. Sewell and another nurse, Ms. Scott, concerning the Respondent's use of profanity while on duty, Respondent Roberts became very angry, threw down the keys in her custody and left the hospital. She left her shift without signing out and did not return to her place of employment, which required the assignment of another person to take her place. The Respondent did not tell her supervisor that she would not return to fulfill her duties for that day. The following day, September 27, 1978, the Respondent returned to the hospital, filled out a resignation form and left her employment.

   
   

7. No proposed findings of fact, memoranda of law or proposed recommended orders were submitted to the Hearing Officer by the parties.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction of this cause and the parties thereto pursuant to Section 120.57, Florida Statutes.

   
   

9. Section 464.21 Disciplinary proceedings.--provides:

   
   

   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 who has been 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.

      
      

10. Respondent Roberts violated the foregoing statute in failing to conform to the minimal standards of acceptable and prevailing nursing practices, as found in Paragraphs 2 and 4 of the foregoing Findings of Fact.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Respondent, Debra Ann Roberts, be reprimanded and placed on probation for a period of six (6) months.

DONE and ORDERED this 29th day of October, 1979, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

Gary A. Benson, Esquire

437 East Monroe Street, Suite 201 Jacksonville, Florida 32202

Geraldine B. Johnson, R. N. Board of Nursing

111 Coastline Drive East, Suite 504 Jacksonville, Florida 32202

Docket for Case No: 79-001015

Orders for Case No: 79-001015