STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-822

)

HELEN BROWN HAGSTRAND, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in St. Petersburg, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on October 5, 1977. The parties were represented by counsel:

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1005 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Thomas Saieva, Esquire

621 Sixth Avenue South

St. Petersburg, Florida 33701 STATEMENT OF THE ISSUE

By administrative complaint dated April 22, 1977, petitioner alleged that respondent was "guilty of unprofessional conduct and in violation of Florida Statutes Section 464.21(1)(b)" in that, on January 5, 1977, "while employed as a registered nurse at Beverly Manor Nursing Home, St. Petersburg, Florida, [she] physically and verbally abused a patient in her charge, Ethel Hall "

FINDINGS OF FACT

1. In January of 1977, Ethel Hall, a frail nonagenerian about 5' 3" tall, was confined as a patient at Beverly Manor Convalescent Center in St. Petersburg. On the afternoon of January 5, 1977, respondent Hagstrand was wheeling a cart from room to room along the corridor onto which Ms. Hall's room opened. As part of her duties as a nurse at Beverly Manor Convalescent Center, respondent was dispensing medicine to the patients from the cart. She stopped the cart in front of Ms. Hall's room, and began pouring medicine for another patient. Ms. Hall came out of her room and asked for aspirin. Respondent told her she would have to wait her turn but Ms. Hall protested.

   
   

2. Respondent then took Ms. Hall by her shoulder and led her back into her room. While this was taking place, respondent continued to insist in a loud voice to Ms. Hall, who is hard of hearing, that Ms. Hall would have to wait for

   her medicine and Ms. Hall answered in a loud voice to the effect that she feared her medicine was going to be forgotten. The loud voices attracted the attention of Ms. Effie Corryele, a state employee who happened to be at a nurse's desk nearby examining records. When Ms. Corryele reached the door to Ms. Hall's room, she saw respondent seating Ms. Hall, handling her roughly.

   
   

   CONCLUSIONS OF LAW

   
   

3. This rough handling constituted "unprofessional conduct" within the meaning of Section 464.21(1)(b), Florida Statutes (1975).

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED

That petitioner reprimand respondent.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 2nd day of December, 1977.

ROBERT T. BENTON, II

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Mr. Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32202

Mr. Thomas Saieva, Esquire 621 Sixth Avenue South

St. Petersburg, Florida 33701

================================================================= AGENCY FINAL ORDER

=================================================================

BEFORE THE FLORIDA STATE BOARD OF NURSING

HELEN BROWN HAGSTRAND

626 5th Avenue South

St. Petersburg, Florida 33701 CASE NO. 77-822 As a Registered Nurse

License Number 82454-2

/

ORDER

The above entitled cause came on to be heard by the Florida State Board of Nursing on the 17th day of January, 1978, in the Board of Construction Industry Conference Room, 6501 Arlington Expressway, Building B, Jacksonville, Florida 32211.

The Board, having reviewed the entire record, including all the pleadings, the exhibits admitted into evidence, transcript of the hearing proceedings, and the Findings of Fact, Conclusions of Law and Recommended Order of the Hearing Officer, adopts the Findings of Fact of the Hearing Officer.

Based upon the Findings of Fact, the Board concludes that the Respondent is guilty of unprofessional conduct in violation of Florida Statutes, Chapter 464.21(b) and it is therefore

ORDERED AND ADJUDGED that the registered nurse license number 82454-2 of the Respondent, Helen Brown Hagstrand, be placed on probation for a period of one year with the following stipulation.

1. That the Respondent refrain from violating any law Federal, State or Local.

   
   

2. That the Respondent inform the Florida State Board of Nursing immediately of any change of address or change of employment.

   
   

3. That the Respondent contact the Florida State Board of Nursing every three (3) months and inform this office of her residence address and place of employment.

   
   

4. That the Respondent request her employer to provide this office with an evaluation of her nursing performance every three (3) months while on probation to this Board.

DONE AND ORDERED this 30th day of January, 1978, at Jacksonville, Florida.

DOROTHY C. STRATTON RN President

Florida State Board of Nursing

ccs: Helen Brown Hagstrand 626 5th Avenue South

St. Petersburg, Florida 33701

Mr. Thomas Saieva, Esq. 621 - 6th Avenue

St. Petersburg, Florida

Mr. Julius Finegold, Esquire

Docket for Case No: 77-000822

Orders for Case No: 77-000822