Judges: K. N. AYERS
Agency: Department of Health
Latest Update: Oct. 04, 1990
Summary: Respondent who hits patient and causes bruising will undergo psychological evaluation and one-year probation or suspension until satisfactory evaluation.
84-2186STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 84-2186
)
ADDIE MAE HAMILTON, )
)
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 September 7, 1984, at Lake Wales, Florida.
APPEARANCES
For Petitioner: Julia P. Forrester, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Addie Mae Hamilton, pro se
Post Office Box 814 Frostproof, Florida 33843
By Administrative Complaint filed May 2, 1984, the Department of Professional Regulation, Petitioner, seeks to revoke, suspend, or otherwise discipline the license of Addie Mae Hamilton, Respondent, as a licensed practical nurse. As grounds therefor it is alleged that, on or about December 29, 1983, Respondent repeatedly struck a nursing home patient with a twisted towel creating bruises and bleeding on his left arm.
At the hearing Petitioner called three witnesses, Respondent testified in her own behalf, and one exhibit was admitted into evidence. Proposed findings submitted by Petitioner, to the extent incorporated herein, are adopted; otherwise, they are rejected as not supported by the evidence, immaterial, or unnecessary to the conclusions reached.
FINDINGS OF FACT
At all times relevant hereto Respondent was licensed as a licensed practical nursing in Florida and was employed at the Lake Wales Convalescent Center.
On the evening of December 29, 1983, Respondent was called into patient Allen's room by the nurses aide because Allen had refused to get into his pajamas as requested and was verbally abusing the aide. Respondent approached
Allen, who began swearing at her, whereupon Respondent rolled up a towel and struck Allen several times on the left arm causing some bleeding and bruises which were visible to another witness two days later. Respondent does not deny striking Allen with the towel but contends Allen picked up a pitcher and called her a nigger before she picked up the towel. Respondent denies any intent to hurt the patient and testified she has worked as a licensed practical nurse for
15 years and has never before struck a patient.
Allen is senile, often verbally abusive, but has never been violent while a patient at Lake Wales Convalescent Center. He does not bruise as easily as do many elderly patients.
It is below the minimal standards of acceptable and prevailing nursing practice to strike a patient and, especially, a senile patient who is not violent.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 464.018(1)(f), Florida Statutes (1983) provides that a licensed practical nurse may be disciplined for unprofessional conduct which shall include any departure from or failure to conform to the minimal standards of acceptable and prevailing nursing practices. The evidence of a violation of this statutory provision is clear and convincing.
From the foregoing, it is concluded that Respondent violated Section 464.018(1)(f), Florida Statutes (1983), as alleged. It is
RECOMMENDED that Respondent be required to submit to an in-depth psychological evaluation prepared by a qualified psychiatrist, psychologist, or other qualified mental health counselor; and the results of this evaluation be submitted to the Board of Nursing for its review. Should the Board of Nursing determine the evaluation indicates Respondent can safely practice nursing with reasonable skill and safety to patients, then Respondent be placed on probation for one (1) year, during which time she will be required to provide quarterly reports from her employer and her counselor if continued counselling is deemed necessary by the evaluating professional or by the Board. Should the evaluation be deemed unsatisfactory by the Board, it is recommended Respondent's license to practice nursing be suspended until such time as she submits a satisfactory evaluation indicating she is able to practice nursing with reasonable skill and safety to patients.
ENTERED this 26th day of October, 1984, at Tallahassee, Florida.
K. N. AYERS, 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 26th day of October, 1984.
COPIES FURNISHED:
Julia P. Forrester, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Ms. Addie M. Hamilton Post Office Box 814 Frostproof, Florida 33843
Helen P. Keefe, Executive Director Board of Nursing
Department of Professional Regulation
Room 504, 111 East Coast Line Drive Jacksonville, Florida 32202
Fred M. Roche, Secretary Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Docket for Case No: 84-002186
Orders for Case No: 84-002186
| Issue Date |
Document |
Summary |
|
Jan. 23, 1985 |
Agency Final Order
|
|
|
Oct. 26, 1984 |
Recommended Order
|
Respondent who hits patient and causes bruising will undergo psychological evaluation and one-year probation or suspension until satisfactory evaluation.
|
