STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1267

)

AUDREY D. POTTS KYLE, R.N. )

)

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 case on October 12, 1978, in Miami, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1005 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Diane Potts Kyle, appearing pro se

6515 Southwest 99th Avenue Miami, Florida 33143

By Administrative Complaint filed approximately June 12, 1978, the Florida State Board of Nursing (herein sometimes referred to as the Board or the Petitioner) seeks to place on probation, suspend or revoke the registered nursing license of Diane Potts Kyle, (herein sometimes referred to as the Respondent) who holds license number 62079-2, based on conduct which will be set forth hereinafter in detail.

The issue posed for a decision herein is whether or not the Respondent, Kyle, failed to timely chart or account for a controlled drug, to wit: Demerol (meperedine) by signing out for said narcotic for patients in her care; failing to administer said drugs to those patients within her care and failing to account for same on the patients' medical charts. As such, the Petitioner concludes in its Administrative Complaint that the Respondent is guilty of conduct violative of Chapter 464.21(1)(b) and (d), Florida Statutes.

Based on my observation of the witnesses and their demeanor while testifying, I make the following:

FINDINGS OF FACT

1. Diane Potts Kyle is a registered nurse, licensed to practice in the state and is the holder of license number 62079-2. On November 5, 1975, following a formal hearing held pursuant to Florida Statutes, Section 120.57(1), Respondent's license to practice nursing as a registered nurse in the State of

   Florida was suspended for a period of two years, based upon a finding that the Respondent had engaged in unprofessional conduct due to her failure to properly chart or account for controlled narcotics signed out by her for patients in her care.

   
   

2. Thereafter, on April 22, 1978, while working as a staff relief nurse at Coral Gables Hospital, Coral Gables, Florida, the Respondent, on several occasions, converted to her own use a controlled drug, to wit: Demerol, by signing out for said narcotic which was intended for patients in her care and failed to administer said drugs to the patients. She thereafter failed to account for said drug withdrawals on the patients' medical charts.

   
   

3. On or about May 1, 1978, Respondent voluntarily executed a notarized statement admitting to converting to her own use Demerol ordered for patients in her care by signing out for said drug but not administering same to the patient and not charting it on the patient's medical chart. Thereafter, Respondent subsequently voluntarily surrendered her license to the Petitioner. (See Board's Exhibits A, B, and C.)

   
   

4. As stated, there is little dispute respecting the facts in this case, however, the Petitioner appeared on her own behalf and offered testimony in mitigation of the allegations of the complaint which were stipulated to by her. (Board Exhibit A.)

   
   

5. Some time during May, 1978, the Respondent enrolled in the Spectrum Drug Abuse Program and has been under the care and guidance of drug counsellor Robert Healy. The Respondent attends weekly sessions and the course uses as a primary approach of therapy, Transactional Analysis. Counsellor Healy, who holds a Master's degree in Psychology and is a drug counsellor at the Spectrum program, appeared and testified that he has been working with the Respondent for approximately six months. He testified that Respondent has undergone serious changes on her own and that he determined that the Respondent's problems stem from stress situations in which she was involved both at work and at home. According to Healy's prognosis, the Respondent will successfully graduate from the Spectrum program within the next six months. Healy opined that the Respondent's life style is one in which she feels that all around her must be "all-perfect" and that based on such a life-style, she is constantly in a state of stress. He testified that since her enrollment in the Spectrum program, she has isolated this problem and is now able to return to work with little danger of abusing drugs. Healy testified that the likelihood of the Respondent receeding to a drug abuser is minimal inasmuch as she is a very confident person and she has a family, her husband and children.

   
   

6. The undersigned has considered all of the mitigating factors offered on behalf of the Respondent in this case. However, as noted in the prior case, 1/ a failure to enter medication on a patient's medical chart is a very serious omission on the part of a registered nurse, since it could lead to either the administering of double dosages of medicine or a failure to properly administer medication to nurses as the case may be, which could result in fatal accidents. Such a practice amounts to unprofessional conduct within the meaning of Chapter 464.21, as alleged, and it is so found.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statues.

8. The authority of the Board is derived from Chapter 464, Florida Statues.

   
   

9. Competent and substantial evidence was offered to establish that the Respondent engaged in conduct violative of Chapter 464.21 (1)(b) and (d) as alleged.

RECOMMENDATION

Based on the foregoing findings and conclusions, it is hereby recommended that the Respondent be placed on probation for a period of two (2) years. While the period of probation is in effect, it is further recommended that the Respondent be placed in roles of employment wherein her contact with narcotics and other controlled substances is minimal. Additionally, it is recommended that the Respondent be required to submit to periodic medical examinations as requested by the Board to verify the fact that the Respondent is not abusing drugs.

ENTERED this 2nd day of November, 1978, in Tallahassee, Florida.

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

(904) 488-9675

ENDNOTE

1/ Division of Administrative Hearings Case No. 75-583.

COPIES FURNISHED:

Ms. A. Diane Potts Kyle 6515 S.W. 99th Avenue Miami, Florida 33173

Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32202

Geraldine B. Johnson, R.N.

Coordinator, Investigation and Licensing

Department of Professional and Occupational Reg.

6501 Arlington Expressway, Building B Jacksonville, Florida 32211

Docket for Case No: 78-001267

Orders for Case No: 78-001267