STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2241

)

MARY C. RAO, L.P.N., )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Dade City, Florida, before the Division of Administrative Hearings, by its duly-designated Hearing Officer, Robert T. Benton, II, on February 3, 1978.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: In Propria Persona

By administrative complaint dated November 17, 1977, Petitioner alleged that Respondent "[o]n or about September 17, 1977 . . . submitted . . . a medical examination sheet indicating that she had been given an examination by a

1. McBath, D.O. [, while,] truth and fact, she had not been examined by Dr. McBath, but had forged his signature to the document,", all in violation of Section 464.21(1)(b), Florida Statutes (1977).

   
   

   FINDINGS OF FACT

   
   

   1. When Respondent resumed employment as a licensed practical nurse at the Dade City Geriatric Center, she was asked to submit to a physical examination and to furnish her employer a form report filled out partly by her and partly by the examining physician. On September 9, 1977, Respondent had undergone a physical examination by D.L. McBath, D.O. In mid October of 1977, Respondent filled out the top part of a form furnished by Dade City Geriatric Center, which was designed to be completed by the employee-examinee. On the night of October

      17 or October 18, 1977, in the presence of Elizabeth Himel, Respondent asked Leila Steele, a nurse's aide, to complete the bottom portion of the form, which was designed to be completed by a physician. Referring to another form which Dr. McBath had filled out on September 9, 1977 and asking an occasional question of Respondent, Ms. Steele filled out the bottom portion of the form. The form was backdated to September 9, 1977, and Dr. McBath's signature was forged. On October 18 or October 20, 1977, Ms. Diane Riddle, Director of Nursing at Dade City Geriatric Center, found the completed form on her office floor just inside the door.

      CONCLUSIONS OF LAW

      
      

   2. The evidence did not establish who forged Dr. McBath's signature on the physical examination form or who put it in Ms. Riddle's office or whether Respondent authorized either the forgery of Dr. McBath's signature or the submission of the document. Respondent admitted however, that she caused a person who was not a physician to fill out the portion of the form designed to be filled out by a physician and other evidence established that she had not been authorized by Dr. McBath to do so. This in itself constitutes unprofessional conduct within the meaning of Section 464.21(1)(b), Florida Statutes (1977), and a legal basis for disciplinary action against Respondent's license by Petitioner.

RECOMMENDATION

Upon consideration of the foregoing, it is

RECOMMENDED that the Petitioner reprimand Respondent in writing.

DONE and ENTERED this 21st day of March, 1978, in Tallahassee, Florida.

ROBERT T. BENTON II

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esq. 1107 Blackstone Building

233 East Bay Street Jacksonville, FL 32202

Ms. Mary C. Rao Route 2, Box 253-R Dade City, FL 33525

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

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

BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Mary C. Rao

Route 2, Box 253-R

Dade City, Florida 33525 CASE NO. 77-2241 As a Licensed Practical Nurse

License Number 399090-1

/

ORDER

The above entitled cause came on to be heard by the Florida State Board of Nursing on the 3rd day of April, 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 pleadings, exhibits admitted into evidence, the transcript of hearing proceedings, 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(1) and IT IS THEREFORE:

ORDERED AND ADJUDGED that the licensed practical nurse license number 39090-1 of the Respondent, Mary C. Rao, be suspended for a period of one year. That the suspension be stayed and the licensee be placed on probation with the following terms and conditions:

1. That the Respondent refrain from violation of 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 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 3rd day of April, 1978, at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING

By: Dorothy C. Stratton, R.N., President

BOARD SEAL

CCS: MARY C. RAO

Route 2, Box 253-R

Dade City, Florida 33525 Julius Finegold, Esquire

Docket for Case No: 77-002241

Orders for Case No: 77-002241