STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: The suspension of the ) license of DOLORES E. GLOVER ) BOWERS, )

LPN, License No. LPN 04501-1 ) CASE NO. 76-1699

)

)

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 case on November 16, at Tampa, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

State Board of 1130 American Heritage Life Building Nursing Jacksonville, Florida 32202

For Respondent: Dolores E. Glover Bowers

8516 River Oaks Drive Tampa, Florida

RECOMMENDED ORDER

By Administrative Complaint filed August 4, 1976 the Florida State Board of Nursing seeks to suspend the license of Dolores E. Glover Bowers (Defendant) and licensee's right to practice thereunder for unprofessional conduct in violation of Section 464.21(1)(b) and 464.21(1)(f) F.S. As grounds therefor it is alleged that on or about January 30, 1976 Defendant left her post at the Ambrosia Nursing Home, Tampa, Florida without informing the Director of Nursing, or other responsible supervisory personnel of the nursing home that she was leaving her post, thus leaving the nursing home unattended by a licensed nurse.

Defendant, after being fully advised of her rights, admitted that she left her post as alleged in the Administrative Complaint. Thereafter four witnesses, including Defendant, testified on behalf of Defendant, and two exhibits were admitted into evidence.

FINDINGS OF FACT

1. Defendant came on duty at Ambrosia Nursing Home at 9:00 a.m. on January 30, 1976, and was scheduled to be relieved at 3:00 p.m. During the day Defendant began showing signs of an intestinal disorder evidenced by diarrhea and vomiting. The nurse scheduled to relieve Defendant in the afternoon did not appear for duty and, despite her illness, Defendant volunteered to remain on duty for the next shift. She did advise the Director of Nursing that she was ill and would like to leave earlier than the schedule end of the shift at 11:00

   p.m. The Director of Nursing advised her that she could leave at 9:00 p.m. if everything was normal.

   
   

2. By 7:30 p.m. Defendant had checked the patients and found all were in bed and conditions normal, but her intestinal problems had not lessened. At

   that time she left the nursing home. The owner of the nursing home is a registered nurse and at the time occupied a room at the home. Defendant did not notify the owner that she was leaving because frequently the owner would not respond to a knock on her door. Since she had permission from the Director of Nursing to leave early, four capable aides were on duty and she was ill, Defendant departed the nursing home. No evidence was presented that the owner had been notified that Defendant had been granted permission to leave early and the inference was that she had not been so notified.

   
   

3. The present Director of Nursing, a former Director of Nursing, and the Nursing Home, Administrator testified on behalf the Defendant.

   
   

4. Defendant is an excellent nurse who is well liked by the patients and all members of the staff. She has always been extremely cooperative and a big asset to the nursing home. The nursing home very strongly desires that Defendant remain an employee at the home in her present position. Both directors of nursing would be well pleased to have Defendant on their services and would employ her instantly if the opportunity arose. Defendant has been licensed for nearly 24 years and this is the first time she has ever had as much as an oral admonition from a supervisor.

   
   

   CONCLUSIONS OF LAW

   
   

5. By Defendant's plea of guilty she has admitted the operative facts alleged to constitute unprofessional conduct. Whether or not these facts constitute unprofessional conduct under the circumstances is another matter. Unprofessional conduct involves more than a technical violation of the generally accepted standards of the nursing profession. While Defendant should have advised the owner that it was necessary for her to leave and that she was in fact departing the home, Defendant had previously been given permission by the Director of Nursing to leave before she was properly relieved. Under the circumstances here involved failure of Defendant to notify the owner that she was leaving 1 1/2 hours prior to the time she had been authorized to leave does not constitute unprofessional conduct.

   
   

6. The act of Defendant in leaving without notifying anyone that she was leaving the nursing home without a licensed person in charge does constitute an error in judgment. However, it may not be appropriate to demand the same judgment from a person suffering intestinal disorders that properly are demanded from a well person.

From the foregoing it is concluded that Defendant was not guilty of unprofessional conduct as alleged, but that she should have notified a supervisor that she was leaving the nursing home without a licensed nurse on duty. It is therefore,

RECOMMENDED that Defendant be given a letter of caution and no further action be taken.

DONE and ENTERED this 3rd day of January, 1977, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Julius Finegold, Esquire

1130 American Heritage Life Building Jacksonville, Florida 32202

Dolores E. Glover Bowers 8516 River Oaks Drive Tampa, Florida

Docket for Case No: 76-001699

Orders for Case No: 76-001699