STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1024

) BONNIE RAY SOLOMON CRAWFORD, ) L.P.N., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 3 July 1979 at Tampa, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1007 Blackstone Building

Jacksonville, Florida 32201 For Respondent: Was not present.

By Administrative Complaint dated 3 April 1979 the Florida State Board of Nursing, Petitioner, seeks to revoke, suspend or otherwise discipline the license of Bonnie Ray Solomon Crawford, LPN, Respondent. As grounds therefor it is alleged that on or about March 18, 1975 the license of Respondent was suspended for two years after finding that Respondent, while employed as a licensed practical nurse, signed out for Demerol for several patients and failed to chart the administration of same on the patients' records; that on or about 7 October 1978 while on duty as a licensed practical nurse at West Pasco Hospital, New Port Richey, Florida, Respondent signed out for Demerol 50 mg for patient King and failed to chart same on patient's records; that Respondent signed out for Demerol 50 mg for patient Zobrist after said patient had been discharged; that Respondent signed out for Demerol 75 mg for patient Kleinschmidt at 10:00

1. and 2:00 p.m. when doctor's orders called for Demerol 50 mg and then failed to chart administration of same and, in fact charted the administration of Phenergan for which there was no doctor's order; and on 8 October 1978 on two occasions signed out for Demerol 75 mg for patient Kleinschmidt and failed to chart the administration of either.

   
   

   At the commencement of the hearing, which was delayed approximately 30 minutes in case Respondent was just late, Petitioner presented Exhibit 1, a receipt by certified mail by Respondent for the Administrative Complaint filed in this case. The Notice of Hearing was sent to the same address and was not returned. Thereafter, three witnesses were called by Petitioner and five additional exhibits were received into evidence.

   FINDINGS OF FACT

   
   

   1. In October 1978 Bonnie Ray Solomon Crawford, LPN was employed at the West Pasco Hospital, New Port Richey, Florida as a licensed practical nurse provided by Upjohn Company's rent-a-nurse program. On 7 October 1978 Respondent signed out at 10:00 a.m. and 2:00 p.m., and on 8 October 1973 at 8:00 a.m. and 1:00 p.m. for Demerol 75 mg for patient Kleinschmidt (Exhibit 2). Doctor's orders contained in Exhibit 4 shows that Demerol 50 mg was ordered by the doctor to be administered to patient Kleinschmidt as needed. Nurses Notes in Exhibit 4 for October 7, 1978 contains no entry of administration of Demerol at 10:00 a.m. and at 2:00 p.m. shows administration of 50 mg. and Phenergan 25 mg.

      
      

   2. Exhibit 3, Narcotic Record for Demerol 50 mg contains two entries at 8:15 a.m. on October 7, 1978 and one entry at 12:30 p.m. where Respondent signed out for Demerol 50 mg. for patients King, Zobrist and King in chronological order. Nurses Notes for King, Exhibit 6, and Zobrist, Exhibit 5, contain no entry that Demerol was administered to patient Zobrist at 8:15 a.m. or to patient King at 12:30 p.m. on 7 October 1978. In fact, the record for Zobrist shows that Zobrist was discharged from the hospital on October 5, 1978.

      
      

   3. Failure to chart the administration of narcotics constitutes a gross error in patient care and is not acceptable nursing practice. Similarly it is not acceptable nursing practice to withdraw narcotics not contained in doctors orders or administer medication not in doctors orders.

      
      

   4. When confronted by the Nursing Administrator at West Pasco Hospital with these discrepancies in the handling of Demerol, Respondent stated that she failed to check the identity of the patient before administering medication and that she didn't feel she should be giving medications any more. Following this confrontation with the hospital authorities, Respondent was fired for incompetency.

      
      

   5. No evidence was submitted regarding Respondent's 1975 disciplinary proceedings.

      
      

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.

      
      

   7. Section 464.21, Florida Statutes, provides in pertinent part:

      
      

      1. The board shall have the authority to . . . discipline the holder of a license . . . 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.

         * * *

         1. In disciplining any person convicted of a charge of violating the provisions of this chapter or any other statute or law of this state relating to the practice of nursing, the board may:

            1. Suspend the imposition of judgment and penalties;

            2. Impose judgment and penalties, but suspend enforcement thereof and place the licensee or applicant for license on probation;

            3. Suspend or limit the right to practice in this state for a period to be determined by the board;

            4. Revoke the license to practice nursing in this state. Following revocation of such license, the licensee may be relicensed at the discretion of the board with examination;

            5. Refuse to issue or renew a license;

            6. Take such other action in relation to disciplining as the board in its discretion may deem proper and in the interest of the public health.

         
         

   8. Failure to chart the administration of drugs constitutes unprofessional conduct as defined above. Similarly administering or signing out for medication not shown on physician's orders constitutes unprofessional conduct.

      
      

   9. From the foregoing it is concluded that Bonnie Ray Solomon Crawford was, while working as a licensed practical nurse at West Pasco Hospital, New Port Richey, Florida, on 7 and 8 October 1979, guilty of unprofessional conduct in the handling of Demerol withdrawn ostensibly for patients King, Zobrist and Kleinschmidt which was either not administered or administered and not charted. It is therefore

RECOMMENDED that the license of Bonnie Ray Solomon Crawford as a licensed practical nurse be revoked.

Entered this 17th day of July, 1979.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1007 Blackstone Building

Jacksonville, Florida 32201

Bonnie S. Crawford, LPN

406 Carolina Avenue

Ft. Lauderdale, Florida 33300

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

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

BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Bonnie Rae Solomon Crawford

As a Registered Nurse Case No. 78-1024

406 Carolina Avenue License Number 31697-1 Ft. Lauderdale, Florida 33300

/

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 32202.

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. Based upon the Findings of Fact, the Board concludes that the Respondent is guilty of unprofessional conduct in violation of Florida Statutes, Chapter 464.21(1)(b) and IT IS THEREFORE:

ORDERED AND ADJUDGED that the Respondent's license to practice nursing as a Licensed Practical Nurse, license number 31697-1, be revoked effective this date and the Respondent is ordered to return to the Florida State Board of Nursing forthwith original certificate of license and current annual renewal receipt.

DONE AND ORDERED this 29th day of August 1979 , at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING

BY:

Dorothy C. Stratton, R.N. President

BOARD SEAL

Copy Furnished:

Bonnie Rae Solomon Crawford

406 Carolina Avenue

Ft. Lauderdale, Florida 33300 Julius Finegold, Esquire

Docket for Case No: 79-001024

Orders for Case No: 79-001024