Judges: JAMES E. BRADWELL
Agency: Department of Health
Latest Update: May 17, 1985
Summary: The issue presented for decision herein is whether or not the Respondent, based on conduct set forth hereinafter in detail, is guilty of unprofessional conduct and of being convicted or found guilty of a crime which directly relates to the practice of nursing or the ability to practice nursing.Respondent is guilty of striking patient in face. One-year probation is recommended.
84-1422STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 84-1422
)
CECELIA FAYE NORWOOD, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on January 31, 1985 in Hallandale, Florida. Pursuant to leave, the parties were afforded an opportunity to submit proposed memoranda supportive of their respective positions. Petitioner's counsel has submitted a proposed Recommended Order which was considered by me in preparation of this Recommended Order. 1/
APPEARANCES
For Petitioner: Cecelia Bradley, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Cecelia Faye Norwood, Pro Se
Post Office Box 162 Hallandale, Florida 33009
ISSUE
The issue presented for decision herein is whether or not the Respondent, based on conduct set forth hereinafter in detail, is guilty of unprofessional conduct and of being convicted or found guilty of a crime which directly relates to the practice of nursing or the ability to practice nursing.
FINDINGS OF FACT
Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact:
At times material hereto, Respondent, Cecelia Faye Norwood, was licensed as a practical nurse by petitioner and has been issued license number 0533451 by the Florida Hoard of Nursing. (Petitioner's Composite Exhibit A)
During times material herein, Respondent was employed as a licensed practical nurse at South Florida State Hospital, Hollywood, Florida and was assigned to a ward where she administered treatment to psychiatric patients.
During the afternoon of October 21, 1983, while employed at South Florida State Hospital, Respondent administered an injection to a fifteen (15) year old patient. Thereafter, Respondent assisted other hospital employees in restraining the patient.
The patient had been placed in a "four-point restraint" (with both arms and legs restrained) however she managed to pull her left arm from the restraint.
While Respondent was attempting to restrain patient D'Antuono's left arm, the patient grabbed Respondent's hair, pulling her head towards the bed frame at which time Respondent struck the patient in the face.
During the afternoon, Respondent was assisted by employees Patricia Calcagino, an LPN, and Mrs. Fico. Those two employees released the patient's fingers from Respondent's hair and while Ms. Calcagino was attempting to refasten the restraint straps to the bed frame, Respondent struck the patient in the face. (Tr. 19 and 37)
This incident was reported to the hospital and an internal investigation was conducted by Ben Drazen, Director of Internal Affairs for South Florida State Hospital. Later, a joint investigation of the incident was conducted by South Florida State Hospital, the Office of Children, Youth and Family Services, and the Broward County Sheriff's Department.
Respondent was criminally charged based on the investigation by the Broward County Sheriff's Department and, on October 17, 1984, entered a plea of nolo contendere to the charge of knowingly or by culpable negligence, permitting the physical or mental injury to a child by striking said child about her face with her hand, in violation of Section 827.04(2), Florida Statutes.
The patient involved in the aforesaid incident was a stocky patient who had been diagnosed as psychotic and slightly retarded. The patient had a history of combative, assaultive behavior.
Ms. Rotton, an RN who was called upon to offer her opinion as to whether or not Respondent's conduct was unprofessional, considered that such conduct was inappropriate or unprofessional. She understood that Respondent was provoked to the point where she struck the patient and "she could understand how such an incident might happen."
The patient is a patient with a "very well-documented history of extremely assaultive behavior, very, very agitated. She has injured many employees in the past." (Testimony of Drazen, Tr. 34 and 35)
Nurse Rotten also acknowledged that the patient involved had given the staff quite a few problems. The patient bit, kicked, scratched, clawed and spit in the face of other employees. (Testimony of Rotton, Tr. 28 and 29)
Nurse Rotten had observed Respondent work with patients for a long time. Nurse Rotten has "seen [Respondent] deal with some pretty difficult patients. I've seen her, you know, assaulted, by patients; nothing like this has ever happened. . . ." (Tr. 30)
Respondent has never been disciplined by either her then employer, South Florida State Hospital, 2/ or Petitioner, Board of Nursing. (Tr. 30)
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.
The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.
The authority of the Petitioner is derived from Chapter 464, Florida Statutes.
Respondent, a licensed practical nurse, is subject to the disciplinary guides of Chapter 464, Florida Statutes.
Competent and substantial evidence was offered herein to establish that the Respondent, Cecelia Faye Norwood, has been convicted or found guilty of a crime which directly relates to the practice of nursing or to the ability to practice nursing in violation of Section 464.018(1)(c), Florida Statutes.
Competent and substantial evidence was offered herein to establish that the Respondent, by striking a patient while administering care to the patient and while the patient was partially restrained, engaged in unprofessional conduct by striking that patient and thereby engaged in acts and conduct amounting to a departure from the minimal standards of acceptable and prevailing nursing practice in violation of Section 464.018(1)(f), Florida Statutes.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent, Cecelia Faye Norwood, be placed on probation for a period of one (1) year subject to appropriate terms of probation as deemed indicated by her conduct, found hereinabove, by Petitioner. 3/
RECOMMENDED this 21st day of March, 1985, in Tallahassee, Florida.
JAMES E. BRADWELL
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 21st day of March, 1985.
ENDNOTES
1/ The Petitioner has submitted posthearing proposed findings of fact pursuant to Section 120.57(1)(b)4., Florida Statutes. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order, except where such proposed findings of fact have been rejected as subordinate, cumulative, immaterial or unnecessary.
2/ Respondent has been discharged from employment by South Florida State Hospital.
3/ In making this recommendation, consideration was given to the fact that Respondent was clearly provoked to the point where she engaged in the conduct which is herein determined to be unprofessional conduct. Further, consideration was given to the fact that Respondent had dealt with numerous combative and assaultive patients in the past and had never engaged in similar conduct nor had she (Respondent) ever been disciplined or otherwise reprimanded for alleged infractions of the Nurse Practices Act. Despite these mitigating factors, however, Respondent's conduct, as found herein, cannot be countenanced without discipline.
COPIES FURNISHED:
Cecelia Bradley, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Cecelia Faye Norwood Post Office Box 162
Hallandale, Florida 33009
Judie Ritter Executive Director Board of Nursing
Ill East Coastline Drive Room 504
Jacksonville, Florida 32202
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF NURSING
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner,
vs. CASE NO. 0042457
DOAH CASE NO. 84-1422
CECELIA F. NORWOOD,
Respondent.
/
ORDER
Respondent, Cecelia F. Norod holds Florida license No. 0533451 as a Licensed Practical Nurse. Petitioner filed an Administrative Complaint seeking suspension, revocation, or other disciplinary action against the license.
Respondent requested a formal hearing and one was held before the Division of Administrative Hearings. A Recommended Order has been forwarded to the Board pursuant to s. 120.57(1), F.S.; it is attached to and made a part of this Order.
The Board of Nursing met on April 11, 1985 in Tampa, Florida, to take final agency action. The Board has reviewed the entire record in the case.
The board adopt the Findings of Fact and Conclusions of Law of the Recommended Order.
PENALTY
The Board imposes an increased penalty, as necessary to protect the public, for the following reasons. The Respondent was trained and experienced in the handling of difficult patients. Her actions after the patient was restrained were totally inappropriate. The record contains testimony that the Respondent had a history of such actions.
The Respondent's license is hereby SUSPENDED until she personally appears before the Board and can demonstrate the present ability to safely engage in the practice of nursing. This demonstration shall include a satisfactory in-depth psychological evaluation based in part on psychological testing, an MMPI, and documentation of the ability to practice nursing.
Within thirty (30) days the licensee shall return her license to the Board office, 504 Daniel Building, 111 Coastline Drive East, Jacksonville, Florida 32301, or shall surrender the license to an investigator of the Department of Professional Regulation.
The Board intends and anticipates that any further violation of this order or the Nurse Practice Act by the licensee could result in permanent revocation of the license.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that they may appeal this final order by filing one copy of a notice of appeal with the District Court of Appeal within thirty days of the date this order is filed.
This Order shall become effective upon filing with the clerk of the Department of Professional Regulation.
DONE and ORDERED this 29th day of April, 1985.
Sandra S. Bauman, Chairman Florida Board of Nursing
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been sent to Cecelia F. Norwood, Post Office 162, Hallandale, Florida 33009, by
U.S. Mail, on or before 5:00 p.m., this 29th of April, 1985.
Judie Ritter Executive Director
Docket for Case No: 84-001422
Orders for Case No: 84-001422
| Issue Date |
Document |
Summary |
|
Apr. 29, 1985 |
Agency Final Order
|
|
|
Mar. 21, 1985 |
Recommended Order
|
Respondent is guilty of striking patient in face. One-year probation is recommended.
|
