STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1228

)

CHRISTINE RICHTER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in the above styled cause on the 12th day of September, 1977, in Room 104 Collins Building, Tallahassee, Florida, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, commencing at 2:00 P.M.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1005 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: Rivers Buford, Jr., Esquire

Post Office Box 647 Tallahassee, Florida 32302

ISSUE

1. Whether the Respondent is guilty of unprofessional conduct.

   
   

2. Whether her license as a registered nurse, certificate no. 8829 should be suspended or revoked or whether Respondent should be put on probation.

FINDINGS OF FACT

1. The Respondent, Christine Richter, who holds license no. 88294-2 was employed as a registered nurse at Tallahassee Memorial Hospital, Tallahassee, Florida, during the month of February, 1977. She worked as a certified nurse and anesthetist under Ann Marie Connors, the chief nurse anesthetist.

   
   

2. The chief nurse anesthetist reported to the Associate Executive Director April 11, 1977, that there were gross discrepancies in the narcotics record kept by the Respondent and at that time she presented him with some of the records.

3. On April 12, 1977, Respondent was requested by the Associate Executive Director to report to his office for a conference. Nurse Connors, the chief nurse anesthetist, was also called to be present at that conference.

   
   

4. At the conference the Associate Executive Director asked Respondent for an explanation as to the discrepancies between the narcotic and barbiturate administration record and the patient records. In reply the Respondent stated that she needed a hysterectomy and could not afford it. Upon the insistance of the Associate Executive Director that she give an explanation for the discrepancy in the hospital records, she indicated that she needed to improve her charting. She gave no explanation for discrepancies in the narcotics chart which she signed, and indicated that she would resign. The Director stated that he would accept her resignation and she left the conference. The Respondent mailed her written resignation to the Tallahassee Memorial Hospital the following day.

   
   

5. The Accreditation Manual for Hospitals, 1976 edition, published by the Joint Commission on Accreditation of Hospitals "Anesthesia Services" pages 59 through 64 is used as the standard for anesthetic procedure.

   
   

6. A department standard book approved by the American Hospital Association and the joint commission on the accreditation of hospitals is required to be read by each employee of the Tallahassee Memorial Hospital as it pertains to the department in which the work is to be performed. The instructions in the department standards book are the same as in the Accreditation Manual for Hospitals as far as anesthesia services is concerned.

   
   

7. Medical records of eight patients were introduced into evidence together with Narcotic and Barbiturate Record no. 081291. This shows the date, time, patient's name, room number, doseage, attending physician and administering nurse. The doseage of drugs secured by and signed for by the Respondent, Christine Richter, was more than the records show was administered to the various patients. No accounting was made for the difference between the amounts of drugs secured and the amounts, if any, administered to the patients, although it is the duty of the nurse checking out drugs to account for its use in writing on a form provided for that purpose.

   
   

8. The Respondent offered no verbal explanation for the missing drugs when given the opportunity to explain her actions by the Associate Executive Director at Tallahassee Memorial Hospital and her immediate supervisor, Ann Marie Connors, chief nurse anesthetist.

   
   

   CONCLUSIONS OF LAW

   
   

9. Section 464.21, Disciplinary proceeding, provides in part:

   
   

   1. GROUNDS FOR DISCIPLINE - The board shall have the authority to deny a license to any applicant or discipline the holder of a license or any other person temporarily authorized by the board to practice nursing in the state whose default has been entered or who has been heard and found guilty by the board of:

      * * *

      (b) Unprofessional conduct, which shall include any departure from, or the failure

      to conform to, the minimal standards of acceptable and prevailing nursing in which proceeding actual injury need not be established.

      
      

10. The Respondent, Christine Richter, failed to conform to the minimal standards of acceptable and prevailing nursing practice inasmuch as she failed to follow the requirements of the Accreditation Manual for Hospitals and the department standard book which outlines the procedures that she was required to follow in her nursing position.

    
    

11. The Respondent failed to give an explanation of her failure to conform to the minimum standard, when requested, and is guilty of unprofessional conduct under the foregoing statute.

RECOMMENDATION

Revoke the license of Christine Richter.

DONE AND ENTERED this 12th day of December, 1977, in Tallahassee, Florida.

DELPENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1005 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

Rivers Buford, Jr., Esquire Post Office Box 647 Tallahassee, Florida 32302

Docket for Case No: 77-001228

Orders for Case No: 77-001228