STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1380

)

CAROL PETROVEY, )

)

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 November 15, 1978, in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Carol Petrovey, L.P.N., in proper person 1887 Breezy Lane

West Palm Beach, Florida 33409 ISSUE

The State of Florida, Board of Nursing, herein sometimes called the "Board", filed an Administrative Complaint on July 21, 1978, alleging that Carol Petrovey, Respondent herein, had engaged in conduct which will be set forth hereinafter in detail, which amounts to violations of Section 464.21(1)(b) and (d), Florida Statutes, and as such, the Board seeks to place the Respondent on probation, suspend or revoke her license to practice nursing in this state.

FINDINGS OF FACT

1. Carol Petrovey, L.P.N., Respondent, is a Licensed Practical Nurse who holds license No. 39258-1. On February 13, 1977, while employed as a Licensed Practical Nurse at Community Hospital of the Palm Beaches, Respondent administered an oral medication to a patient, Israel Schwartz, who was assigned to her care and left the patient's bedside without ensuring that the patient had consumed the medication. The medication involved was 12.5 milligrams of Antivert, which is a medication used to control nausea and vomiting. An incident report was issued to Respondent on February 13, 1977, and she was further counselled respecting this problem on February 18, 1977. (See Petitioner's Composite Exhibit No. 1.) In said report, the Respondent was reminded of the importance and policy of medication administration, of not leaving medication at patient's bed side but, instead, of remaining with patients until medications are in fact swallowed by the patient. Approximately

   two months later, on April 8, 1977, the Respondent admitted that while employed as above she committed a pre-op medication error with respect to a patient in her care. During the following month, on or about May 2, 1977, Respondent, while employed by the Community Hospital of the Palm Beaches, signed out for the wrong narcotic which resulted in an inaccurate narcotic inventory balance at the change of her shift. The discrepancy centered around a discrepancy in a 50 milligram and a 25 milligram dosage of Demerol, a controlled substance.

   According to the Hospital records, the narcotic records and inventory are perpetually maintained. The patient who was involved in this incident was Golda White. An incident and counseling report was issued to the Respondent respecting this incident. (See Petitioner's Composite Exhibit No. 3.)

   
   

2. On or about August 28, 1977, R.M. McDonald, R.N., Assistant Director of Nursing, and Mary Oglia, an R.N. at the Community Hospital of the Palm Beaches, jointly determined that there were three Darvoset N-100 tablets missing from the medication drawer of a patient named Madelyn Lynch, to whom the Respondent was assigned to administer medication. After repeated questioning of this incident, the Respondent acknowledged that she had taken the three missing Darvoset N-100 tablets from Lynch's medication drawer, removed them from her purse and handed them over to the Assistant Director of Nursing. It was at this juncture that the Respondent was told by the nursing director that she had the alternative of resigning from the Hospital or being discharged, with a report of the incident being filed simultaneously with the Petitioner. Audrey Renwick, an R.N. employed at the subject hospital since approximately June of 1976 and who is presently a head nurse, witnessed the questioning and the surrender of the three Darvoset tablets by the Respondent. Thereafter, following the surrender of the Darvoset tablets, the Respondent resigned and was employed by the Medicana Medical Center in Lake Worth during September of 1977, where she has been employed to date.

   
   

3. As stated above, the Respondent does not dispute the substance of the testimony given by the witnesses who testified on behalf of the Petitioner, Florida State Board of Nursing. She acknowledges that she made a mistake and testified that she has put those incidents behind her. She further testified that since her resignation from the Community Hospital of the Palm Beaches and her re-employment with the Medicana Medical Center at Lake Worth, she has not been involved in any incidents or any drug-related matters. Additionally, it was noted, that the Respondent had not been involved in any incidents prior to or subsequent to the filing of this Administrative Complaint. Several coworkers of the Respondent testified on her behalf and, generally, gave their opinions of the credible job that she is now fulfilling in her present position. Included among such was Lewis Becks, a Registered Pharmacist and a supervisor and consultant for other area hospitals, including several alcoholic and drug abuse centers in the area. He testified that since the Respondent has taken her most recent position at the center in Lake Worth, she is running a model nursing station and that this is a complete turnaround from the situation which existed at the Center when the Respondent began her employment there in Lake Worth. He testified that the narcotic shortages are negligible and that stringent controls are maintained for all narcotics at the center, whether the drugs are Class 2 or Class 5.

   
   

   CONCLUSIONS OF LAW

   
   

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

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

   
   

6. The authority of the Petitioner, Florida State Board of Nursing, is derived from Chapter 464, Florida Statutes.

   
   

7. Competent and substantial evidence was offered to establish that the Respondent has engaged in unprofessional conduct within the meaning of Florida Statutes Section 464.21(1)(b) and (d).

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent be placed on probation for a period of two (2) years. This recommendation is based on the credible testimony which indicates that subsequent to the above incidents, the Respondent is leading a life which is indicative of the type of conduct which is professional in nature and that, in so doing, she is a credit to her profession. Finally, in view of the testimony that no similar incidents have occurred in the more than one year which has passed following these incidents, it is the considered opinion of this Hearing Officer that the placement of the Respondent under probation for a period of two (2) years is more in keeping with the proven offenses.

RECOMMENDED this 7th day of December, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

101 Collins Building

Mail: 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1107 Blackstone Building

Jacksonville, Florida 32202

Geraldine B. Johnson, R.N. Investigation and Licensing Board of Nursing

6501 Arlington Expressway, Building "B" Jacksonville, Florida 32211

Ms. Carol Petrovey 1887 Breezy Lane

West Palm Beach, Florida 33409

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

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

BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Carolann A. Lubinski Petrovey

1887 Breezy Lane CASE NO. 78-1380

West Palm Beach, Florida 33409 As a Licensed Practical Nurse License Number 39258-1

/

ORDER

This matter came on for final action by the Florida State Board of Nursing on the 20th day of February, 1979, at the Sheraton Inn-Downtown, 224 E. Garden Street, Pensacola, Florida 32501.

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 and Conclusions of Law of the Hearing Officer and IT IS THEREFORE:

ORDERED AND ADJUDGED that the licensed practical nurse license number 392528-1 of the Respondent, Carolann A. Lubinski Petrovey, be suspended for a period of two (2) years However, it is ordered that said suspension be and the same is hereby stayed and the licensee be placed on probation for the period of two (2) years 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, in writing , the Florida State Board of Nursing immediately of any change of address or change of employment.

   
   

3. If employed as a nurse during the period of probation, that the Respondent have her employer provide the Board with a satisfactory evaluation of her nursing performance every three (3) months during the period of her probation.

The failure to comply with the terms of said probation shall be deemed a violation.

DONE AND ORDERED this 2nd day of March, 1979, at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING

BY:

Dorothy C. Stratton, R.N. President

BOARD SEAL

COPIES FURNISHED:

Carolann A. Lubinski Petrovey 1887 Breezy Lane

West Palm Beach, Florida 33409 Julius Finegold, Esquire

Docket for Case No: 78-001380

Orders for Case No: 78-001380