STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2436

)

ARLENE C. TAYLOR RICH, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on February 27, 1980, in Lake City, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose on an Administrative Complaint filed by the Florida State Board of Nursing against Arlene C. Taylor Rich alleging that Rich had directed aides to administer medications to patients, and that this was unprofessional conduct contrary to Section 464.018(1)(f), Florida Statutes (1979).

APPEARANCES

For Petitioner: Jeffery B. Morris, Esquire

2400 Independent Square One Independent Drive

Jacksonville, Florida 32202

For Respondent: Arlene C. Taylor Rich, pro se

Route 4, Box 50

Lake City, Florida 32055

ISSUE

Did the Respondent direct aides to administer medications to patients?

FINDINGS OF FACT

1. Arlene C. Taylor Rich is a licensed practical nurse holding License No. 34195-1 issued by the Florida State Board of Nursing.

   
   

2. The primary evidence presented by the Board was contained in the testimony of two nursing aides. These aides testified that Rich had given them liquids and pills to be given patients at Tanglewood Nursing Home. The aides were not told by Rich that the substances given them were medications. The substances given the aides were unlabeled, and the aides did not observe details of the containers from which the substances were taken by Rich. The aides did state that the substances given them by Rich were taken from the medicine cart. One aide related an experience in which she advised Rich that a patient was running a temperature and coughing. Rich gave the aide a red liquid, which the aide testified smelled like cough syrup.

3. Evidence was received that patients at Tanglewood received colored, artificially-flavored fruit drinks. Supplies of this drink were maintained on the medicine cart. Evidence was also received that patients at Tanglewood received placebos PA and were often given juices as a pacifier when they were not able to receive medications or no medications were ordered. Evidence was also received that pills are generally crushed and given with a soft food to aged, infirm patients.

   
   

4. The nursing aides in question had received no training beyond that necessary for them to perform their duties as nursing aides.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 464.003(3)(a), Florida Statutes (1979), defines as a part of the practice of nursing the administration of medications. Although Chapter 464, Florida Statutes (1979), does not define administration of medications, the nature of the professional duties of a licensed nurse are such that it demands that he or she apply the medication directly to the patient in the manner referenced in Section 893.02(1), Florida Statutes (1979). It is unprofessional conduct and a departure from accepted and prevailing nursing standards for a nurse to delegate the administration of medication to unlicensed personnel.

   
   

6. The burden of proof of the Respondent's violation of Chapter 464, supra, lies upon the Board. The Board must prove the factual allegations by substantial and competent evidence. The direct evidence presented in the instant case consists wholly of the testimony of two nursing aides. These aides have received only that training necessary for them to perform their duties as nursing aides. While these aides are competent to testify to those matters which they observed, they are not competent to identify unlabeled substances as medicines. Neither aide was able to observe a label on containers from which she was given substances by Rich. Neither aide could testify that Rich had advised her the substance she was given to administer to a patient was a medication. Whether an unlabeled substance is a medication is a matter requiring specialized skill and knowledge beyond that possessed by either of the nursing aides. It is not a violation of Chapter 464, supra, for an aide to give a patient fruit juices. No evidence was received whether it would be a violation of Chapter 464, supra, for an aide to administer a placebo. The testimony of the aides that they received pills for administration to patients is contrary to the evidence received that aged, infirm patients are generally given pills crushed in a soft food. The testimony of the aides with regard to the administration of medications to patients was neither credible nor competent. Insufficient facts exist to support a finding that Rich was guilty of a violation of Section 464.081(1)(f), Florida Statutes (1979).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Florida State Board of Nursing take no action against the license of Arlene C. Taylor Rich.

DONE and ORDERED this 4th day of April, 1980, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Jeffery B. Morris, Esquire 2400 Independent Square One Independent Drive

Jacksonville, Florida 32202

Ms. Arlene C. Taylor Rich Route 4, Box 50

Lake City, Florida 32055

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

111 Coastline Drive, East, Suite 504 Jacksonville, Florida 32202

Docket for Case No: 79-002436

Orders for Case No: 79-002436