Judges: R. T. CARPENTER
Agency: Department of Health
Latest Update: Jul. 26, 1984
Summary: Respondent's license as a Registered Nurse (RN) should be suspended until her fitness is proven. Respondent should be on probation when reinstated.
83-3024.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 83-3024
)
MARGARET ANN BEARD, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing on January 25, 1984, in Melbourne, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:
For Petitioner: William M. Furlow, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Margaret Ann Beard
111 Summerlin Avenue Orlando, Florida 32801
This matter arose on Petitioner's Administrative Complaint charging Respondent with failure to comply with certain conditions of her licensing probation and with the inability to practice nursing safely under the provisions of Subsection 464.018 (1)(h) and (j), Florida Statutes (F.S.). Petitioner submitted proposed findings of fact which have been substantially adopted and incorporated herein.
FINDINGS OF FACT
The Respondent is now and was at all times material to the allegations in the Administrative Complaint, a licensed Registered Nurse in the State of Florida, license number 71601-2.
On April 13, 1982, Respondent's Florida nursing license was placed on probation. On April 13, 1982, the Florida State Board of Nursing entered a Final Order placing the Respondent's license on probation for two years, with the following terms and conditions.
The licensee shall not violate any applicable federal or state laws, or rules or orders of the Board of Nursing.
For the duration of the probationary period, the licensee will report immediately (within seven calendar days) either by
telephone or letter to his/her probation supervisor assigned by the Department, and by certified registered mail to the Department of Professional Regulation, Attention Administrator, Office of Investigative
Services, 130 North Monroe Street, Tallahassee, Florida 32301, by license number and licensed name, any change in Respondent's residence address; any change in Respondent's employment (including address); and any arrests.
If employed as a nurse, the licensee will be responsible for causing reports to be fur- nished by his/her employer to the Board or
the probation supervisor, relative to the licensee's performance, and any problems. These reports shall be submitted every 3 months during probation as scheduled by the probation supervisor.
The licensee shall not consume alcohol while on duty as a nurse, nor function as a nurse while under the influence of alcohol.
The licensee shall obtain/continue counseling with a psychiatrist, psychologist or other recognized drug/alcohol rehabilita- tion program, and shall cause progress reports to be furnished to the Board or probation supervisor every 3 months during treatment as scheduled by the probation supervisor.
Any deviation from the requirements of this probation without the prior written consent of the Board or the Department shall constitute a violation of this probation.
Upon a finding of probable cause that a violation of this probation has occurred, the licensee's license to practice nursing in this state shall be immediately and automatically suspended pending the licensee's appearance before the next Board meeting, or such subsequent meeting as may be mutually agreed upon between the licensee and the Department. The licensees will be given notice of the hearing and an opportunity to defend.
The Petitioner assigned Investigator Gerry Padgett to be Respondent's probation supervisor.
During 1982, the Respondent satisfactorily complied with the terms of her probation.
During the latter part of January, 1983, Respondent received a letter from the Board of Nursing indicating that she had not complied with the probationary terms.
After receipt of the letter, Respondent went to see her probation supervisor, who in turn informed the Board of Nursing that the Respondent was, in fact, in compliance with the probationary terms.
At that meeting in late January 1983, between Respondent and her probation supervisor, the latter told Respondent that she would be seeing her in three months.
Prior to that meeting, Respondent had made appearances in her probation supervisor's office every three months.
The next date which the probation supervisor had scheduled to see Respondent was April 1, 1983.
There was no clear evidence adduced to show that the scheduled date of April 1, 1983, was communicated to Respondent, and she denied being told specifically to return on April 1, 1983. However, Respondent acknowledged that she knew that she was to see her probation supervisor sometime during April 1983.
For several months prior to April 1983, Respondent had been employed by Indian River Memorial Hospital.
The last day that Respondent worked at Indian River Memorial Hospital was April 19, 1983.
On April 27, 1983, the Respondent admitted herself to the Heritage Health Corporation, an alcohol treatment program located in Sebastian, Florida, to he treated for alcohol abuse.
At that time, according to the Respondent's own testimony, she could not have functioned as a nurse due to alcohol impairment.
The program in Heritage Health Corporation was a 30 day in-patient alcoholic rehabilitation program.
During the Respondent's stay at the Heritage Health Corporation, her employment with Indian River Memorial Hospital was terminated.
The Respondent did not report her change in employment status nor her change in residence or entry into an alcohol rehabilitation program to her probation supervisor as required by the above quoted order of probation.
On May 18, 1983, after not having beard from the Respondent, her probation supervisor attempted to locate her, and did in fact locate Respondent at the Heritage Health Corporation facility.
At that time, Respondent informed the probation supervisor that her employment with the Indian River Memorial Hospital had been terminated.
The meeting between the probation supervisor and Respondent on May 18, 1983, was the last time until the formal bearing in this matter that the Respondent reported any information to her probation supervisor.
On or about June 20, 1983, the Respondent moved her residence address from Vero Beach to Sebastian, Florida.
Three weeks prior to the formal bearing in this matter, the Respondent moved her residence address from Sebastian, Florida to Orlando, Florida.
Neither changes of residence address were forwarded by Respondent to her probation supervisor or to the DPR administrator, as required by the order of probation. However, she reported the move from Vero Beach to Sebastian, Florida directly to the Board of Nursing office in Jacksonville.
Respondent never received written consent to deviate from the terms of the order of probation.
CONCLUSIONS OF LAW
Section 468.018, F.S., provides in part: Disciplinary actions.--
The following acts shall be grounds
for disciplinary action set forth in this section:
* * *
(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.
* * *
(j) Willfully or repeatedly violating any provision of this chapter, a rule of the board or the department, or a lawful order of the board or department previously entered in a disciplinary proceeding or failing to comply
with a lawfully issued subpoena of the department.
When the board finds any person guilty of any of the grounds set forth in subsec- tion (1), it may enter an order imposing one or more of the following penalties:
Refusal to certify to the department an application for licensure.
Revocation or suspension of a license.
Imposition of an administrative fine not to exceed $1,000 for each count or separate offense.
Issuance of a reprimand.
Placement of the nurse on probation for a period of time and subject to such conditions as the board may specify, including requiring the nurse to submit to treatment, to attend continuing education courses, to take an examination, or to work under the supervision of another nurse.
The board shall not reinstate the license of a nurse, or cause a license to be reissued to a person it has deemed unqualified, until
such time as it is satisfied that such person has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of nursing.
The Administrative Complaint filed in this case charges that the Respondent failed to provide a urine screen or report on April 1, 1983, and that on April 27, 1983, the Respondent voluntarily admitted herself to an alcohol treatment program, thereby violating a lawful order of the Board, and being unable to practice nursing with reasonable skill and safety by reason of drunkenness, etc.
In order to prevail, the Petitioner must plead as well as prove a violation of the Nursing Practice Act.
The main thrust of the Administrative Complaint is that the Respondent failed to submits to a urine screen. However, the evidence fails to show that she was required to submit to urine screens. 1/
The Administrative Complaint charged in paragraph 5 that the Respondent failed to report on or about April 1, 1983, for the urine screen and report.
Although there was disagreement between Respondent and the probation supervisor as to when the meeting was to take place (Respondent indicating anytime in April, and the probation supervisor indicating April 1), the testimony was consistent that the Respondent failed to report to the supervisor at any time prior to May 18, 1983, that she had been terminated from her employment at the hospital and that she was in a thirty day residential alcohol treatment program at Heritage Health Corporation.
Therefore, Respondent is guilty of failing to immediately report her changes of employment and residence to her probation supervisor in April, as required by Petitioner's order placing her on probation, in violation of Section 464.018(1)(j) F.S.
The testimony of Respondent that she could not have functioned as a nurse when admitted to the Heritage Health Corporation program demonstrates the inability to practice nursing with reasonable skill and safety by reason of drunkenness in violation of Subsection 464.018(1)(h), F.S. This conclusion is reinforced by the fact that Respondent had previously had her license placed on probation because of alcohol abuse problems.
RECOMMENDATION
Based on the foregoing, it is
RECOMMENDED that Respondent's license as a Registered Nurse be suspended until such time as she demonstrates to the Board of Nursing her fitness to practice nursing. This demonstration should include a psychological or psychiatric evaluation, along with a recommendation from a licensed mental health care professional, that Respondent be reinstated. Upon reinstatement, Respondent should be placed on probation with generally the same terms as her previous probation, along with any other reasonable terms, such as urine or blood screens as appropriate under the circumstances.
DONE and ENTERED this 16th day of March, 1984, in Tallahassee, Florida.
R. T. CARPENTER 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 16th day of March, 1984.
ENDNOTE
1/ Respondent's exhibit 1 is an unsigned amended final order which is identical to the original except for the added requirement of urine screens. This amended order was mailed from the Board of Nursing office in Jacksonville to the Respondent, and received by the Respondent on or about August 4, 1984.
COPIES FURNISHED:
William M. Furlow, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Margaret Ann Beard
111 Summerlin Avenue Orlando, Florida 32801
Helen P. Keefe, Executive Director Board of Nursing
Department of Professional Regulation
111 East Coastline Drive, Room 504 Jacksonville, Florida 32202
Fred M. Roche, Secretary Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Docket for Case No: 83-003024
Orders for Case No: 83-003024
| Issue Date |
Document |
Summary |
|
Jun. 14, 1984 |
Agency Final Order
|
|
|
Mar. 16, 1984 |
Recommended Order
|
Respondent's license as a Registered Nurse (RN) should be suspended until her fitness is proven. Respondent should be on probation when reinstated.
|
