Judges: WILLIAM J. KENDRICK
Agency: Department of Health
Latest Update: Aug. 15, 1988
Summary: By administrative complaint dated February 28, 1988, petitioner charged that respondent, a licensed practical nurse, violated existing law by holding herself out as and performing the duties of a registered nurse. At hearing, petitioner called June Woodward and Mel Waxman as witnesses.Respondent improperly assumed title fo Registered Nurse.
88-1786.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 88-1786
)
JEAN L. HAMMER, )
)
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 14, 1988, in Miami, Florida.
APPEARANCES
For Petitioner: E. Raymond Shope, Esquire
John S. Cobb, qualified representative Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
For Respondent: Richard Smith, Esquire
1258 South State Road 7
Fort Lauderdale, Florida 33317-5989 PRELIMINARY STATEMENT
By administrative complaint dated February 28, 1988, petitioner charged that respondent, a licensed practical nurse, violated existing law by holding herself out as and performing the duties of a registered nurse.
At hearing, petitioner called June Woodward and Mel Waxman as witnesses.
Petitioner's exhibits 1-4 were received into evidence. Respondent testified on her own behalf and called Paul Hammer as a witness. Respondent's exhibits 1-7 wee received into evidence.
The transcript of hearing was filed July 25, 1988, and the parties were granted leave until August 4, 1988, to file proposed findings of fact.
Petitioner elected to file proposed findings and they have been addressed in the appendix to this recommended order.
FINDINGS OF FACT
Respondent, Jean L. Hammer, was at all times material hereto a licensed practical nurse in the State of Florida, having been issued license number 0588011.
In October 1986, respondent was employed by Pinewood Lodge, a treatment center for alcohol and drug rehabilitation, as a staff nurse on the midnight to 8:00 a.m. shift. Respondent was the only employee on duty during her shift, and was responsible for monitoring the patients for signs of distress, noting their progress on the medical records, and administering prescribed medications. For such services, respondent was paid $27,000 per annum; a salary consistent with that paid a registered nurse (R.N.) at the facility.
In January 1987, respondent was offered and accepted the position of Supervisor of Nurses at Pinewood Lodge. The staffing of this position required the services of and provided an annual salary of $25,000 and other benefits. Respondent occupied this position until July 1987 when it was discovered that she was not a registered nurse and was discharged.
The respondent's personnel file at Pinewood Lodge demonstrates that in seeking and gaining employment at the facility respondent represented herself to be a licensed registered nurse, the recipient of a Bachelor of Science degree from the University of Pittsburgh, and the recipient of an Associate in Science Nursing degree from Broward Community College. Such representations were false, and the documents submitted to support such representations were forgeries.
The proof further demonstrates that respondent assumed the title of R.N., routinely signed documents in a manner that identified her as an R.N., and otherwise led the public and associates to believe that she was licensed as a registered nurse; all for pecuniary gain. While there was no showing that anything untoward occurred during the course of her tenure at Pinewood Lodge, respondent knew her actions were improper.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Pertinent to this case, Section 464.015 Florida Statutes, provides:
Only persons who hold licenses
to practice professional nursing in this state... shall have the right to use the title "Registered Nurse" and the abbreviation "R.N."
* * *
(6) No person shall practice or advertise as, or assume the title of, registered nurse... or use the abbreviation "R.N."... or take any other action that would lead the public to believe that person was certified as such... unless that person is licensed or certified to practice as such.
Section 464.018(1), Florida Statutes, permits petitioner to discipline a licensed practical nurse where she has committed any of the following acts:
(f) Unprofessional conduct, which shall include, but not be limited to, any departure from, or failure to
conform to, the minimum standards of acceptable and prevailing nursing practice, in which case actual injury need not be established.
* * *
(j) Knowingly violating any
provision of this chapter, a rule of the board or the department....
Rule 210-10.005(1), Florida Administrative Code, provides that disciplinary action may be taken against a licensed practical nurse upon a determination that the licensee:
(e) Is guilty of unprofessional conduct which shall include, but not be limited to:
* * *
Practicing registered nursing... in the State of Florida without a current license....
* * *
15. Practicing beyond the scope of the licensee's license....
Under the circumstances, the proof is clear and convincing that respondent violated the provisions of Sections 464.015(1) and (6), and 464.018(1)(f) and (j), Florida Statutes, as well as Rule 210-10.005(1)(e)9 and 15, Florida Administrative Code.
In arriving at an appropriate penalty in the instant case, consideration has been given to the disciplinary guidelines set forth in Rule 210-10.011, Florida Administrative Code. Based on a balancing of such guidelines, an appropriate penalty in the instant case is found to be a suspension of respondent's license for a term of one year followed by a two year term of probation subject to such terms and conditions as the board may specify, and the imposition of an administrative fine in the sum of $1,000.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered suspending respondent's license
for one year, that following such suspension respondent be placed on probation for two years subject to such terms and conditions as the board may specify, and imposing an administrative fine against respondent in the sum of $1,000.
DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of August, 1988.
WILLIAM J. KENDRICK
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1050
Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 1988.
APPENDIX
Petitioner's proposed findings of fact have been addressed as follows:
Addressed in paragraph 1.
Addressed in paragraph 4. 3-4. Addressed in paragraph 3. 5-6. Addressed in paragraph 4.
7-8. Addressed in paragraphs 3 and 5.
9. Addressed in paragraph 5.
COPIES FURNISHED:
E. Raymond Shope, Esquire John S. Cobb
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Richard Smith, Esquire 1258 South State Road 7
Fort Lauderdale, Florida 33317-5989
Judie Ritter, Executive Director Board of Professional Nursing
111 East Coastline Drive Room 504
Jacksonville, Florida 32201
William O'Neil, Esquire General Counsel
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Docket for Case No: 88-001786
Orders for Case No: 88-001786
