STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, )

)

Petitioner, )

)

vs. ) CASE NO. 81-044

)

DEBORAH FISCHI, LPN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted by the undersigned hearing officer on April 21, 1981, in Plantation, Florida.

APPEARANCES

For Petitioner: William M. Furlow, Esquire

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Deborah Fischi, pro se

777 Northwest 30th Street Miami, Florida 33127

ISSUE PRESENTED

Whether Respondent's license to practice nursing should be disciplined on the grounds that by reason of her use of drugs and alcohol, she is unable to practice nursing with reasonable skill and safety.

BACKGROUND

By administrative complaint dated November 18, 1980, Petitioner Department of Professional Regulation ("Department") seeks to discipline the nursing license of Respondent Deborah Fischi, LPN; as grounds, the Department alleges that Ms. Fischi is unable to practice nursing with reasonable skill and safety by reason of her use of alcohol and drugs.

On December 16, 1980, Ms. Fischi requested a formal hearing, which request was referred to the Division or Administrative Hearings on January 6, 1080.

Hearing was subsequently set for April 21, 1981.

At hearing, the Department called Lucille Markowitz as its only witness and offered Petitioner's Exhibit 1/ Nos. 2 and 3, 2/ each of which was received. Ms. Fischi testified in her own behalf and offered Respondent's Exhibit 1/

Nos. 1 and 2, each of which was received.

FINDINGS OF FACT

Based on the evidence presented at hearing, the following facts are determined:

1. Respondent, Ms. Fischi, a 26-year-old practical nurse, holds License No. 0517521 issued by the Department. Prior to July 29, 1980, she worked as a practical nurse at the Plantation General Hospital, Plantation, Florida. (Testimony of Fischi, Markowitz)

   
   

2. On July 29, 1980, she was admitted to the emergency room of Cypress Community Hospital, Pompano Beach, Florida, in a comatose state from a drug and alcohol overdose; she had drunk a pint of vodka and injected herself with a drug known as Talwin. (Testimony of Fischi, Markowitz; P-3)

   
   

3. This was the latest incident in a two to three year history of drug and alcohol abuse. She was an alcoholic who began to experiment with drugs which she obtained at Plantation General Hospital. In February, 1980, she was hospitalized for a drug overdose. She had been in and out of drug and alcoholic rehabilitation programs and a participant in Alcoholics Anonymous for over a year. Her abuse of drugs and alcohol rendered her unable to practice nursing with reasonable skill and safety. (P-3)

   
   

4. On August 2, 1980, Ms. Fischi was discharged from Cypress Community Hospital with the recommendation that she participate in the Alcoholics Anonymous program. Subsequently, she was admitted to the Coral Ridge Psychiatric Hospital where she continued to receive treatment. When visited by a Department investigator, she candidly admitted to her alcohol and drug abuse but refused to surrender her nursing license stating that she "loved nursing too much." She premised to again participate in Alcoholics Anonymous and vowed to overcome her drug abuse problems. (Testimony of Fischi, Markowitz)

   
   

5. She has striven to fulfill her promise. From November 18, 1980, to February 23, 1881, she received rehabilitative treatment as a resident of Bethesda Manor, a halfway home for recovering alcoholics operated by the Catholic Archdiocese of Miami. The Director of Bethesda Manor writes that

   
   

   "During her stay . . . Debbie worked diligently on her treatment tasks, [and] made significant forward movement in implementing behavioral and attitude changes . . . Debbie has maintained ongoing contact with the Bethesda staff and appears to be progressing very satisfactorily in her current modality." (R-2)

   
   

   Since leaving Bethesda, Ms. Fischi has participated in a residential Metro-Dade County alcoholic treatment program at the New Opportunity Home, 777 N.W. 30th Street, Miami. This is a 3/4 way house which offers individual and group therapy. Its counselors write that:

   
   

   "Ms. Fischi attends all therapeutic functions. [She] . . . presently is working on her alcohol and drug addictions and presently seems to be making good progress for herself. I feel her prognosis for recovery is good." (R-1)

6. Ms. Fischi plans to remain at New Opportunity Home for another few months--until approximately August 21, 1981. She believes that by the end of that period, she will be able to fully resume the competent practice of nursing. In the meantime, she plans to continue working at a community blood bank. (Testimony of Fischi)

   
   

7. Since July 29, 1980, she has refrained from all use of drugs and alcohol. Given the courage and determination of this woman, it is likely that she can succeed in her struggle to return to the nursing profession. The Department recommends that her license be suspended with provision for reinstatement after four months upon submittal of a health care professional's statement that she is capable of resuming the competent practice of nursing. Ms. Fischi is agreeable to the imposition of this penalty. (Testimony of Fischi, Stipulation of Department and Counsel)

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

   
   

9. Section 464.018, Florida Statutes (1979) empowers the Board of Nursing to discipline a licensee who is found guilty of, inter alia,

   
   

   (1)(h) Being unable to practice nursing with reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. A nurse affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she can resume the competent practice

   of nursing with reasonable skill and safety.

   
   

   The evidence establishes that Respondent, by her actions described above, is guilty of violating this statutory prescription, Id.

   
   

10. The penalty recommended by the Department, and agreed to by Respondent, is appropriate and reasonable: Respondent's license should be suspended. After August 21, 1981, 3/ the suspension should be vacated, and the license reinstated, upon submittal of a statement by a qualified health care professional that Respondent is capable of resuming the competent practice of nursing. See, Section 464.018(1)(h), supra.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That the Florida Board of Nursing enter a final order finding Respondent guilty of violating Section 464.018(i)(h), Florida Statutes, and suspending her nursing license with specific provision for reinstatement as described above.

DONE and RECOMMENDED this 1st day of May, 1981, in Tallahassee, Florida.

R. L. CALEEN, JR. Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 1st day of May, 1981.

ENDNOTES

1/ Petitioner's and Respondent's Exhibits will be referred to as "P- and "R-

," respectively.

2/ Petitioner's Exhibit No. 1 was marked for identification but was not offered into evidence.

3/ This date is significant because it coresponds with Ms. Fischi's completion of treatment at the New Opportunity Home.

COPIES FURNISHED:

William M. Furlow, Esquire

130 North Monroe Street Tallahassee, Florida 32301

Deborah Fischi

777 Northwest 30th Street Miami, Florida 33127

Docket for Case No: 81-000044

Orders for Case No: 81-000044