STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN re: The revocation of the )

license of Dorothea L. J. Slater, ) CASE NO. 75-1504 R.N., License No. R.N. 142292 )

)

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 cause on November 18, 1975 at Tampa, Florida.

APPEARANCES

For Petitioner, Julius Finegold, Esquire Board of Nursing: 218 East Forsyth Street

Jacksonville, Florida

For Respondent: Dorothea L. J. Slater was not present.

By Administrative Complaint served July 28, 1975 and received by the Respondent on August 1, 1975, the Florida State Board of Nursing charged Respondent, Dorothea L. J. Slater, R. N. with conversion of Demerol to her own use while on duty at the Bayfront Medical Center, St. Petersburg, Florida on or about December 3, 1974, and seeks to revoke her license in accordance with Section 464.21(1)(b) F.S.

Exhibit 1, Receipt for Certified Mail No. 721211, signed Dorothea Slater, and Exhibit 2, Receipt for Certified Mail No. 614014 signed Dorothea Slater, were admitted into evidence. The sponsoring witness stated that certified number 721211 represented the service of the Administrative Complaint on Respondent, and certified number 614014 represented the service of the Notice of Hearing dated October 7, 1975 on the Respondent.

Lavenia M. Steele, R.N. was a nursing supervisor at Bayfront Medical Center, St. Petersburg, Florida in November and December, 3,974,. Respondent, Dorothea Slater, was a nurse on the shift of Mrs. Steele and the latter observed the former daily. During this period Mrs. Slater often showed symptoms of having taken Demerol during her duty shift.

Joan O'Leary, R. N., was on the 11:00 P.M. 7:00 A.M. shift with Mrs.

Slater on December 2-3, 1974, the latter being the only nurse assigned to the obstetric ward on 3-North on that date. As such she was the only nurse on the floor with a key to the medication cart.

Jerry Hood is a pharmacist at Bayfront Medical Center. Prior to the 11:00

P.M. 7:00 A.M. shift on December 2, 1974 he stocked the medication cart with an unopened packet of Demerol consisting of 25 preloaded syringes. After 7:00

A.M. December 3, 1974, Hood and Vincent Bailey, the then assistant director of pharmacy of Bayfront Medical Center, checked the medical cart on 3-North. They noticed what appeared to be an opening of the cellophane wrapper around the Demerol and a closer inspection of the carpujects revealed the rubber tips of

some of these syringes had been pierced. A test was conducted on the five Demerol carpujects on the bottom of the package (where the cellophane appeared to have been disturbed) which showed that the Demerol had been withdrawn and replaced with other fluid. The chain of custody of the material moved from the medication cart on North on December 3, 1974 was established, and the carpujects from which the Demerol was removed were produced at the hearing.

The evidence submitted establishes a prima facie case that Respondent, Dorothea L. J. Slater, converted Demerol to her own use on the night shift December 2-3, 1974. The Demerol was placed in her custody; she and she alone had access to the locked medication cart, and at the expiration of her shift the Demerol was missing.

From the foregoing, it is concluded that Dorothea L. J. Slater did on the evening of December 2-3, 1974, convert to her own use a narcotic drug to wit: Demerol, as alleged in the ADMINISTRATIVE COMPLAINT. It is therefore,

RECOMMENDED that the license of Dorothea L. J. Slater, License No. R.

142292, be revoked.

DONE and ORDERED 25th day of November, 1975 in Tallahassee, Florida.

COPIES FURNISHED:

Julius Finegold, Esquire Dorothea L. J. Slater

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Docket for Case No: 75-001504

Orders for Case No: 75-001504