STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 87-1471

)

CAROL O'DONNELL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a public hearing in the above-styled case on July 16, 1987, in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: William M. Furlow, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: No appearance.

PRELIMINARY STATEMENT

By administrative complaint filed with the Division of Administrative Hearings on April 7, 1987, Petitioner, Department of Professional Regulation, Board of Nursing, seeks to discipline Respondent, Carol O'Donnell, a licensed registered nurse in the State of Florida. The complaint charges that Respondent violated the provisions of Section 464.018(1)(f), Florida Statutes, by abandoning her duties and leaving her patients unattended. At hearings Petitioner called Sue M. Gleason as a witness; and its exhibits 1-3 were received into evidence. The Respondent did not appear at hearing, and no evidence was offered on her behalf.

The transcript of hearing was filed July 31, 1987, and the parties were granted leave until August 10, 1987, to file proposed findings of fact and conclusions of law. Only the Petitioner filed proposed findings, and they have been addressed in the appendix to this recommended order.

FINDINGS OF FACT

1. Respondent, Carol O'Donnell (O'Donnell), was at all times material hereto licensed as a registered nurse in the State of Florida, and held license number 1498442.

2. On May 15, 1986, O'Donnell was employed as a registered nurse at Broward General Medical Center, Broward County, Florida, on the 3:00 p.m. to 11:00 p.m. shift. At or about 7:30 p.m., O'Donnell abandoned her employment, without notice or authorization, and thereby left her patients unattended.

   
   

3. Although the period that elapsed between the time O'Donnell abandoned her position and the time her absence was discovered was apparently of short duration and there was no proof any patient suffered from her absence, her conduct constituted a departure from and failure to conform to the minimum standards of acceptable and prevailing nursing practice in the community.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

5. Pertinent to this case, Section 464.018, Florida Statutes, provides:

   
   

   1. The following acts shall be grounds for disciplinary action set forth in this section:

      * * *

      (f) Unprofessional conduct, which shall include, but not be limited to, any departure from, or failure to conform to, the minimal standards of acceptable and prevailing nursing practice, in which case actual injury need not be established.

      
      

6. The proof established that O'Donnell engaged in unprofessional conduct within the purview of Section 464.018(1)(f), Florida Statutes, by abandoning her employment, without notice or authorization, and leaving her patients unattended.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent, Carol O'Donnell, be reprimanded, and that an

administrative fine of $500.00 be imposed upon her.

DONE and ENTERED this 20th day of August, 1987, in Tallahassee, Florida.

WILLIAM J. KENDRICK

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 20th day of August, 1987.

APPENDIX

Petitioner's proposed findings of fact are addressed as follows:

1. Addressed in paragraph 1. 2-4. Addressed in paragraph 2.

5. Addressed in paragraph 3.

COPIES FURNISHED:

William M. Furlow, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Ms. Carol O'Donnell

109 North Birch Road, #4

Ft. Lauderdale, Florida 33312

Judie Ritter, Executive Director Board of Nursing

111 East Coastline Drive Room 504

Jacksonville, Florida 32201

Van Poole, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Joseph A. Sole General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 87-001471

Orders for Case No: 87-001471