STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THE FLORIDA STATE BOARD OF )

NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-419

)

ROSALIND CLARICE STRATTON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this cause on May 24, 1977, in Tarpon Springs, Florida. The Florida State Board of Nursing (hereinafter sometimes called the Board), filed an administrative complaint on August 31, 1976, alleging that Rosalind Clarice Stratton, R.N., had engaged in repeated acts set forth in detail hereinafter amounting to unprofessional conduct in violation of Florida Statutes Section 464.21(1)(b)(c), (d), and (f). Based thereon, the Board seeks to revoke Mrs. Stratton's license to practice nursing as a registered nurse. To summarize the allegations of the complaint, the Board alleges that the Respondent, Rosalind Clarice Stratton, improperly charted the administration of narcotic drugs; made improper catheter changes; released the body of an expired patient to a funeral home and failed to follow established procedures by having the funeral director sign for the body or to have a doctor's order authorizing the release to the funeral director; failed to follow established wastage procedures for a narcotic drug by obtaining a cosigner to verify the fact that a narcotic drug was destroyed on at least three occasions and reported for duty in a condition that hampered her ability to function as a registered nurse.

Based upon my observation of the witnesses and their demeanor while testifying, the arguments of counsel and the entire record herein, I make the following:

FINDINGS OF FACT

1. The Respondent, Rosalind Clarice Stratton, is a registered nurse with the Florida State Board of Nursing and holds license No. 48493-2. Testimony elicited during the course of the hearing revealed that the Respondent, while employed as an R.N. at the Morton F. Plant Hospital, Clearwater, Florida, converted to her own personal use 25 mg. of compazine. During early June, 1975, the administrator at Morton F. Plant Hospital experienced a pilferage problem and retained the services of the Wackenhut Corporation, a private detective agency, to assist it in alleviating the pilferage problem. In so doing, one of Wackenhut's agents was employed under the guise of an orderly who created an artificial shortage in the narcotics bin. On that date, June 12, 1975, Respondent noted that three ampules of demerol were missing from the narcotics bin and in an attempt to correct the shortage, she transcribed erroneous

   narcotic counts on the administration medication charts for the two preceding days. During the same period, Respondent had in her possession an ampule of compazine which she admitted taking from the narcotic cart because she was experiencing severe headaches. These admissions were brought out during the course of the hearing.

   
   

2. In a letter dated April 4, 1976, to the Board, Respondent admitted that in the past drugs had been a problem however she indicated that she would like to resume the practice of her nursing profession. Evidence reveals further that on October 25, 1975, Respondent signed out on the narcotics chart for 50 mg. demerol and 25 mg. of phenogram for patient Arthur Bonde while there was no outstanding doctor's order for such. An examination of the hospital records produced at the hearing revealed that Respondent noted that she had administered the drugs to patient Bonde. On October 28, 1975, pursuant to doctors orders, Respondent charged out 50 mg. of demerol and 25 mg. of vistaril and charted as having administered only 50 mg. of demerol. She failed to administer the 25 mg. of vistaril nor did she offer any explanation as to the disposition of the vistaril. Similar infractions of Mrs. Stratton's conduct in failure to follow doctors orders occurred on October 22 and October 29, 1975.

   
   

3. On November 13, 1975, on three occasions, Respondent failed to follow the hospital's procedure for destruction of controlled drugs by having a cosigner to verify and confirm the destruction of narcotics. Testimony revealed that the hospital, in regulating the destruction of controlled substances, required that a cosigner be present to sign and verify that in fact excess amounts of narcotics are not accumulated by employees for illegal purposes.

   
   

4. Mrs. Joyce Billings, R.N., Director of Nursing for Tarpon Springs General Hospital for approximately two years, testified that charting is important in the administration of medication since most narcotics are administered on an as needed basis. She testified that occasionally nurses are relieved from duty and when the narcotic controls are not properly maintained overdoses could occur. She further stressed the fact that the failure to properly document or chart is considered a departure from the hospital's established procedure for maintaining records for controlled drugs.

   
   

5. On December 9, 1975, Respondent was assigned to care for a critically ill patient. Mrs. Billings, during her regular rounds, stopped in to check on the patient assigned to the Respondent. She found that the patient was uncomfortable and that the control and output of the intravenous fluid to which the patient was being administered was not being monitored by Respondent. She testified that Mrs. Stratton was sitting in a chair in a slouched fashion and that her speech was slurred. Respondent also appeared generally unconcerned about the patient's welfare. This matter was called to the Administrator's attention who in turn contacted Respondent's supervisor who relieved her from duty due to her inability to perform in a satisfactory manner.

   
   

   Based on the foregoing findings of fact, I make the following:

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

   
   

7. The authority of the Board is derived from Chapter 464, Florida Statutes.

8. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

9. The acts and conduct of the Respondent as set forth above constitutes grounds for disciplinary action within the meaning of Chapter 464.21, Florida Statutes and amounts to conduct violative of Chapter 464.21(1)(b), (c) (d) and

(f) Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, I hereby recommend that in view of the seriousness and the repeated violations of the licensing law by the Respondent, that her license to practice as a registered nurse be revoked.

RECOMMENDED this 30th day of June, 1977, in Tallahassee Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32202

Mrs. Rosalind Clarice Stratton 1388-1/2 Palmetto Street Clearwater, Florida 33515

Mrs. Geraldine B. Johnson 6501 Arlington Expressway Building B

Jacksonville, Florida 32211

Docket for Case No: 77-000419

Orders for Case No: 77-000419