STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NOS. 90-7826

) 91-7581

LINDA KRASNAY BEECHER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly- designated Hearing Officer, Mary Clark, convened a formal hearing in the above- styled cases on February 26, 1992, in Melbourne, Florida.

APPEARANCES

For Petitioner: Lois Lepp, Esquire

Department of Professional Regulation 1940 N Monroe Street Suite 60

Tallahassee, Florida 32399-0792

For Respondent: David Young, Esquire

1227 S. Florida Avenue Rockledge, Florida 32955

ISSUES

The Administrative Complaint in Case No. 90-7826 alleges violations of Chapter 464, Florida Statutes, governing the professional practice of nursing, when Respondent is alleged to have left a medication vial, syringe and needle in a place accessible to patients, in an alcohol and drug detoxification facility in Cocoa Beach, Florida.

The Administrative Complaint in Case No. 91-7581 alleges that Respondent is unable to practice nursing with reasonable skill and safety to patients, by reason of illness, or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition, as provided in Section 464.018(1)(j), Florida Statutes.

The issues initially submitted for disposition were whether those allegations are true, and if so, what discipline or action regarding Respondent's license should be taken. As discussed below, the parties have resolved the issues with a stipulation.

PRELIMINARY MATTERS

The Administrative Complaints in the two cases styled above are dated November 2, 1990 and May 15, 1991. Respondent made timely requests for an administrative hearing in response to each complaint.

At the parties' request, the cases were consolidated and were placed in abeyance while evaluations of Respondent were conducted and the parties attempted an informal resolution. In the absence of resolution, the cases were set for hearing as reflected above.

At the hearing, the parties presented their stipulation, reached the day before and not yet made in writing. Their stipulation, placed on the record in lieu of a full evidentiary hearing, is reflected in full in the following findings of fact, conclusions of law and recommended disposition.

By agreement, the following exhibits offered by Petitioner were received in evidence.

Petitioner's Exhibit Number 1, a final order, including terms of probation in Department of Professional Regulation's Case Number 0090740; Exhibit Number 2, a composite exhibit including a report and notes of Burton Podnos, M.D., a psychiatrist; Exhibit Number 3, report of Marianne Jones, R.N., L.C.S.W., C.A.P.; and Exhibit Number 4, excerpt of proceedings before the Board of Nursing on Friday, October 12, 1990.

Pursuant to the parties' agreement, Petitioner did not present evidence to support the factual allegations in Case Number 90-7826.

FINDINGS OF FACT

The following constitute the parties' stipulated findings of fact.

1. Ms. Beecher is a licensed nurse in the State of Florida, holding license number RN 1238832 and, therefore, is subject to the jurisdiction of the Department and the Board of Nursing.

   
   

2. Ms. Beecher was placed on probation for a period of one year as a result of disciplinary action filed in Department of Professional Regulation Case No. 90740.

   
   

3. A term of the probation was that Ms. Beecher obtain and continue in counseling for the term of the probation, and thereafter until discharged.

   
   

4. During the probationary period, Ms. Beecher received counseling from Marianne Jones, R.N., L.C.S.W., C.A.P.

   
   

5. Ms. Beecher caused Ms. Jones to submit a probation report to the Board of Nursing in August 1990.

   
   

6. Ms. Jones indicated that Ms. Beecher was not capable of safely engaging in the practice of nursing because of Ms. Beecher's mental illness and her lack of cooperation with her treatment program.

   
   

7. Ms. Beecher appeared at the Board of Nursing meeting on October 12, 1990, at which time the Board members and staff were concerned about her erratic and irrational behavior.

8. Ms. Beecher was examined in or around August and September, 1991 by Dr. Burton Podnos, M.D., a psychiatrist, who opined that Ms. Beecher was schizophrenic and, therefore, that she was not capable of safely engaging in the practice of nursing.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction in this matter pursuant to Sections 120.57(1), Florida Statutes and 455.225, Florida Statutes.

   
   

10. Section 464.018(1)(j) Florida Statutes, provides that the Board of Nursing may take certain actions regarding a nurse's professional license when the individual is unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition.

    
    

11. As stipulated by the parties, Respondent is unable to safely engage in the practice of nursing by reason of mental illness, as provided in Section 464.018(1)(j), Florida Statutes.

RECOMMENDATION

Based on the foregoing, the parties have stipulated to the following recommended disposition: that a final order be entered suspending the nursing license of Linda Krasnay Beecher until such time as she is able to demonstrate that she is capable of safely engaging in the practice of nursing, and requiring that she enroll in the Intervention Program for Nurses (IPN) and complete their program for mentally impaired nurses.

The final order should also reflect dismissal of the complaint in Case No.

90-7826.

DONE and ENTERED this 4th day of March, 1992, in Tallahassee, Florida.

MARY W. CLARK

Hearing Officer

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 4th day of March, 1992.

COPIES FURNISHED:

Jack McRay General Counsel

Department of Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Judie Ritter, Executive Director Department of Professional Regulation Board of Nursing

Daniel Building, Room 50

111 East Coastline Drive Jacksonville, Florida 32202

Lois Lepp, Esquire

Department of Professional Regulation 1940 N Monroe Street Suite 60

Tallahassee, Florida 32399-0792

David Young, Esquire 1227 S. Florida Avenue

Rockledge, Florida 32955

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT WRITTEN EXCEPTIONS. SOME AGENCIES ALLOW A LARGER PERIOD WITHIN WHICH TO SUBMIT WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING EXCEPTIONS TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER SHOULD BE FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.

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AGENCY FINAL ORDER

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STATE OF FLORIDA BOARD OF NURSING

DEPARTMENT OF PROFESSIONAL REGULATION,

Petitioner,

vs. DOAH CASE NO.: 90-7826, 91-7581

DPR CASE NO.: 90-4386, 91-05974 LINDA LOU HIRSCH KRASNAY BEECHER,

Respondent.

/

FINAL ORDER

Linda Lou Hirsch Krasnay Beecher holds Florida license number RN.1238832 as a registered nurse. Petitioner filed two Administrative Complaints.seeking 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 Section 120.57, Florida Statutes. A copy of the.Recommended Order is attached to and by reference made a part of this order.

The Board of Nursing met on April 9, 1992, in Miami, Florida, to take final agency action. The Board has reviewed the entire record supplied in the case.

The parties did not file any exceptions.

On April 8, 1992, Ms. Beecher filed a request for continuance.

PRELIMINARY RULINGS

The Board denies Respondent's request for continuance as untimely and without good cause. Ms. Beecher was represented by counsel at the formal hearing, although counsel did not appear before the Board April 9, 1992. There was no request by counsel for a continuance. Further, Petitioner was not served a copy to respond. The Board, however, finds a "To whom It May Concerns" letter of February 28, 1992, addressing Ms. Beecher's vertigo not to justify good grounds for a continuance.

Petitioner did not present any evidence on DOAH Case 90-7826 by stipulation. Such stipulation should have come before the Board for possible dismissal rather than before a hearing officer. At this late date it would not be fiscally sound for the Board to pursue that charge and the Board agrees to dismiss DOAH Case 90-7826, Administrative Complaint 90-004386.

FINDINGS OF FACT

The Board accepts and adopts the Findings of Fact, paragraphs 1-8, in the Recommended Order.

The members of the Board present at Ms. Beecher's October 12, 1990, appearance before the Board did not participate in the April 9, 1992, consideration of the Recommended Order. A quorum was present and able to take final agency action.

CONCLUSIONS OF LAW

The Board has jurisdiction. Section 120.57(1), Florida Statutes.

The Board accepts and adopts paragraphs 1-3 of the Conclusions of Law contained in the Recommended Order.

DISPOSITION

The Board finds the Respondent in violation of Section 464.018(1)(j), Florida Statutes, in that she is unable to practice nursing by reason of illness, or use of alcohol or drugs.

The license of Linda Beecher is suspended until she personally appears before the Board and can demonstrate her present ability to engage in the safe practice of nursing.

She must also enroll in the Intervention Project for Nurses and complete their program for mentally impaired nurses prior to reinstatement.

Pursuant to Section 120.68, 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 clerk of the agency and by filing the filing fee and one copy of a notice of appeal with the District Court of Appeal within thirty days of the date that this order is filed.

Done and Ordered this 12th day of May , 1992.

BOARD OF NURSING

Sandra Darling, NA, ARNP Vice Chairman

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by certified mail to LINDA BEECHER, 350 Earrusso Street, Cocoa, Florida 32926, DAVID YOUNG, 1227 South Florida Avenue, Rockledge, Florida 32955, and by interoffice mail to LOIS LEPP, Attorney at Law, Department of Professional Regulation, 1940 N. Monroe Street, Tallahassee, FL 32399-0773, and MARY W. CLARK, Hearing Officer, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 1550, this 12th day of

May , 1992

Julie K. Ritter Executive Director

Docket for Case No: 90-007826

Orders for Case No: 90-007826