STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 75-582

)

BONNIE ISAAC, R.N., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this matter was heard in Room 250A of the Hillsborough County Courthouse at 1:45 P.M. on September 23, 1975, before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1130 American Heritage Building Jacksonville, Florida 32202

For Respondent: C. Martin Lawyer, Esquire

Law, Inc. of Hillsborough County 1155 East Cass Street

Tampa, Florida 33602 INTRODUCTION

The issue presented for decision at the hearing was whether grounds exist for the suspension or revocation of the registered nursing license of the respondent, Bonnie Isaac.

The Florida State Board of Nursing filed an administrative complaint against respondent charging her with violating Section 464.21(1)(b), in that she:

"1. On or about November 15, 1974, while on duty as a registered nurse at Memorial Hospital, Tampa, Florida, did convert to her own use 10 ampoules of a controlled drug, to wit: Talwin, the property of Memorial Hospital, Tampa, Florida."

The attorney for the respondent stipulated to the truth of the above quoted charge, with the exception of Talwin being a controlled drug. The petitioner Board stipulated that Talwin is not one of the "controlled" drugs prohibited under the Florida Statutes. It was further stipulated that such conduct constitutes unprofessional conduct within the meaning of F.S. Section

464.21(1)(b), but the attorney for the respondent attempted to show that such conduct does not, in this case, warrant revocation of respondent's license.

FINDINGS OF FACT

Based upon the pleadings and the testimony and evidence adduced at the hearing, the undersigned Hearing Officer finds as follows:

1. Respondent Bonnie Isaac has been a registered nurse in Florida since 1970. She has never been charged with disciplinary action prior to the subject charge.

   
   

2. At the time of the offense charged, she was the nurse in charge of the coronary care unit at the Memorial Hospital in Tampa, Florida, having received special training as a coronary care nurse.

   
   

3. In June of 1974, respondent underwent massive abdominal surgery and afterwards her doctor prescribed the drug Talwin to relieve the discomfort associated with said surgery. This prescription was in an oral pill form.

   
   

4. Prior to the incident in question, she had taken this prescription to relieve abdominal discomfort. It was effective and she had never had other side effects from said prescription.

   
   

5. On the evening in question, November 15, 1974, she was not feeling well and had experienced some vomiting. She did not have her oral prescription of Talwin with her (it was at her home) so she went to the hospital pharmacy between 3:00 and 4:00 A.M. and surreptitiously confiscated a package containing

   10 ampoules of injectable form Talwin. Her reason for doing so was that she did not feel well, she had not worked for four months and thus had not accumulated time for sick leave. At the time, she felt that the injectable form of Talwin would be more effective than her prescription and would relieve her discomfort, although she admitted that this was a poor choice, was basically wrong, and stated that she would never again take any drug not prescribed for her.

   
   

6. Respondent's shift ended at 7:00 A.M. on November 15, 1974, and she had not consumed any of the confiscated Talwin when the same was apprehended from her that same day.

   
   

7. Talwin is a prescription drug used as an analgesic for moderate to severe pain. It has a reputation for being an abuse drug and its continued use may result in dependence. Euphoric reactions have been noted, as well as dizziness, light-headedness and distortion of motor abilities.

   
   

   CONCLUSIONS OF LAW

   
   

8. On the basis of the stipulation by the licensee of the truth of the charges set forth in the administrative complaint and the evidence adduced at the hearing, the undersigned Hearing Officer concludes that there is clear and convincing evidence to support the allegations of conduct contained in paragraph

   1 of the complaint. It is further concluded that such conduct (to wit: the stealing of a prescription drug from a hospital pharmacy) constitutes unprofessional conduct within the meaning of F.S. Section 464.21(1)(b).

   
   

9. Unprofessional conduct is a ground for discipline under Section 464.21(1)(b). However, the penalties of suspension and/or revocation of a professional license should always be sparingly and cautiously used. Pauline v.

Borer, 274 So.2d 1 (Fla. 1973). Such penalties should be directed at those who have committed grievous breaches of duty, endangered patients, or would be a threat to patients were they permitted to continue the practice of their profession. While the respondent herein did certainly show poor judgment and commit an act which is reprehensible and, in fact, illegal, there was no evidence that she took these drugs for purposes of abuse or that she had or now has any problems with drug abuse. In fact, she did not consume or use the Talwin taken from the pharmacy, although it was in her possession for at least three hours. No patient or person was harmed as a result of the charged action. I would therefore conclude that the penalty of revocation of respondent's license would be too harsh in this instance. A period of suspension and probation would better serve the disciplinary purposes of the law as well as the public in general who are entitled to receive the benefits of respondent's training.

RECOMMENDATION

Based upon the above findings of fact and conclusions of law, it is my recommendation that the Board of Nursing find respondent guilty as charged and suspend respondent's license for a period of one year. I would further recommend that after the expiration of thirty (30) days of such suspension, the enforcement of the penalty be suspended and respondent be placed on probation for the remaining eleven (11) months. Such a penalty would sufficiently punish the licensee commensurate with her conduct, adequately safeguard and protect the public health and interest and maintain the dignity of the nursing profession.

Respectfully submitted and entered this 16th day of October, 1975, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire

1130 American Heritage Building Jacksonville, Florida 32202

C. Martin Lawyer, III, Esquire 1155 East Cass Street

Tampa, Florida 33602

Mrs. Geraldine B. Johnson, R.N. Investigation and Licensing Coordinator 6501 Arlington Expressway, Building B Jacksonville, Florida 32211

Mrs. Bonnie Isaac

5222 Torreador Court, Apt. 9 Temple Terrace, Florida 32617

Docket for Case No: 75-000582

Orders for Case No: 75-000582