STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2058

)

MARK HEGEDUS, R.N., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case at Sarasota, Florida, on 14 March 1979.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: Robert J. Elkins, Esquire

3100 South Tamiami Trail Sarasota, Florida 33579

By Administrative Complaint dated 22 September 1978 the Florida State Board of Nursing, Petitioner, seeks to revoke, suspend or otherwise discipline the license of Mark Hegedus, R.N., Respondent, who holds license No. 85729-2, and Respondent's right to practice thereunder. As grounds therefor it is alleged that Respondent was guilty of unprofessional conduct, when, during the period 1 April through 15 May, 1978, while working at Sarasota Memorial Hospital, Respondent withdrew controlled substances, viz narcotics, in excess of amounts authorized for patients and failed to chart or otherwise account for these drugs. Five witnesses were called by Petitioner, and 17 exhibits were admitted into evidence.

FINDINGS OF FACT

1. Mark Hegedus, Respondent, is registered with the Florida State Board of Nursing and holds license No. 85729-2.

   
   

2. He worked at the Sarasota Memorial Hospital (SMH) for approximately three years immediately preceding May 15, 1978.

   
   

3. During the period between April 1, 1978 and May 15, 1978 Respondent was working on the cancer ward at SMH and was Charge Team Leader at the hospital.

4. An audit conducted of the narcotics and barbiturates administration records at SMH for the period 1 April through 15 May 1978 disclosed that of 14 patients records selected who had been administered Demerol by Respondent, evidence of irregularity was discovered in 30 entries on 9 of the 14 patient medical records audited.

   
   

5. These errors included signing out for 50 mg ampules of Demerol 11 times, for 75 mg ampules 11 times, and for 100 mg ampules 8 times in the narcotic record with no entry made on the Nurses Notes or on Medication and Treatment record. These errors involved patients Daryl C. Iverson, Edna Jurgenson, Clinton Jelmberg, John Lally, Genevieve Belt, Arleigh Updike, Michael Wujtowicz, Joan Slater, and Arda Miller.

   
   

6. Hospital procedures and accepted nursing practice require the nurse administering narcotics to sign for the narcotic when it is removed from the narcotics locker and then make an entry in the Nurse Notes and patient Medication and Treatment record when the narcotic is administered to the patient.

   
   

7. Medication and Treatment records are used by the doctors to see how frequently patients need narcotics prescribed on an as needed basis, whether the drugs prescribed have been administered, and by other medical personnel to ascertain when the patient last received and how much medication so as to preclude giving the patient an overdose.

   
   

8. Respondent was discharged from his position at the hospital on 15 May 1978 because of the narcotics irregularities. At the time of his discharge, Respondent acknowledged that he had taken Demerol and had disposed of the ampules but that he did not use them himself or sell them.

   
   

9. The audit disclosed a few errors in charting narcotics were committed by other nurses as well as Respondent.

   
   

10. During the three years Respondent worked at SMH and, up until about 1 April 1978, he was a capable and competent registered nurse, well-liked by both patients and co-workers. He was promoted to First Team Leader after about one year at SMH and to Charge Team Leader approximately one year thereafter. These promotions were more rapid than the time required by the average nurse. All witnesses who had worked with Respondent spoke highly of his qualifications and dedication as a registered nurse.

    
    

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.

    
    

12. Section 464.21(1), Florida Statutes, provides that the Nursing Board shall have authority to discipline the holder of a license who has been found guilty, after hearing, of:

    
    

    (b) Unprofessional conduct, which shall include any departure from, or the failure to conform to the minimal standards of acceptable and prevailing nursing practice, in which proceeding actual injury need not be established.

13. Section 464.21(3), Florida Statutes, authorizes the Board to revoke or suspend the license of any registrant found to have violated any provision of this chapter.

    
    

14. Failure to maintain accurate records of narcotics administered to patients constitutes unprofessional conduct. A fortiori, withdrawing narcotics and using them for an unauthorized purpose constitutes unprofessional conduct.

    
    

15. Near the close of the hearing, Exhibit 17 was admitted into evidence over objection of Respondent. Exhibit 17 was admitted pursuant to Section 92.05, Florida Statutes, as a certified copy of the judgment of the Circuit Court in and for Sarasota County. Upon consideration of the plea of nolo contendere upon which the judgment was predicated, it is concluded that Exhibit

    17 has no relevance in these proceedings and the judgment and sentence shown thereon have been disregarded in reaching the findings, conclusions and recommendations contained herein.

    
    

16. From the foregoing it is concluded that competent and substantial evidence was submitted to find that during the period 1 April - 15 May 1978, Mark Hegedus was guilty of unprofessional conduct as alleged. It is therefore

RECOMMENDED that the registration of Mark Hegedus as a registered nurse be suspended for a period of one year.

Entered this 20th day of April, 1979.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

Robert J. Elkins, Esquire 3100 South Tamiami Trail Sarasota, Florida 33579

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

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

BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Mark John Hegedus

As a Registered Nurse Case No. 78-2058

1012 11th Avenue West License Number 86804-2 Bradenton, Florida 33505

/

ORDER

This matter came on for final action by the Florida State Board of Nursing on the 26th day of June, 1979, at 111 Coastline Drive East, Suite 508, Jacksonville, Florida.

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 registered nurse license number 85729-2 of the Respondent, Mark John Hegedus be suspended for a period of three (3) years. However, it is ordered said suspension be stayed after a period of one (1) year and that the licensee be placed on probation for the remaining period of two (2) years upon the following terms and conditions:

1. That the Respondent shall forthwith return license number 85729-2 and current renewal receipt issued to practice nursing as a registered nurse to the Florida State Board of Nursing. The failure to comply shall be deemed a violation of this condition of the probation.

   
   

2. That the Respondent refrain from violation of any law, Federal, State, or local.

   
   

3. That the Respondent attend an adult mental health clinic or undergo treatment by a qualified pychiatrist and provide this Board with a written report from the therapist or physician every three (3) months of his progress in the program or treatment.

   
   

4. That the Respondent inform the Florida State Board of Nursing in writing every three (3) months of his resident address and place of employment.

   
   

5. If employed as a nurse during the time of probation that the Respondent have his employer to provide the Board with an evaluation of his nursing performance every three (3) months during the period of his probation. Such evaluations must prove to be satisfactory to the Board.

   
   

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

DONE AND ORDERED this 29th day of June, 1979 at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING

BY:

Dorothy C. Stratton, R.N. President

BOARD SEAL

ccs: Mark John Hegedus 1012 11th Avenue West

Bradenton, Florida 33505

Robert J. Elkins, Esquire 3100 South Tamiami Trail Sarasota, Florida 33579

Julius Finegold, Esquire

Docket for Case No: 78-002058

Orders for Case No: 78-002058