STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1023

)

BETTY JEAN DEMPSEY HATTON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, at the Richard P. Daniel State Regional Office Building in Jacksonville, Duval County, Florida, commencing at approximately 3:10 p.m. August 23, 1979.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: Betty Jean Dempsey Hatton, Pro Se 8201 Styers Court

Jacksonville, Florida 32221 ISSUE

Whether the license of the Respondent should be revoked or suspended, or whether the Respondent should be placed on probation.

FINDINGS OF FACT

1. The Respondent, Betty Jean Dempsey Hatton, L. P. N., holds License No. 29095-1. She was employed as a licensed practical nurse at Riverside Convalescent Center in Jacksonville, Florida, during the month of January, 1979.

   
   

2. An Administrative Complaint was issued against Respondent Hatton on April 20, 1979, alleging that she was guilty of unprofessional conduct. The Respondent requested an administrative hearing.

   
   

3. On or about January 27, 1979, Respondent Hatton had become unhappy with her work at the convalescent center and had decided to resign. She was requested to work 11:00 o'clock p.m. to 7:00 o'clock a.m. shift beginning the night of January 27, 1979. The Respondent agreed to work that shift, although she informed Eleanor L. Hennessey, the evening supervisor, that she intended to resign. The Respondent had not submitted a written resignation at that time.

4. Ms. Hennessey finished her work at 11:00 o'clock p.m. and expected the Respondent to begin work at that time pursuant to her work schedule and pursuant to her agreement. The Respondent did in fact report to work at the convalescent center as agreed on the night of January 27, 1979.

   
   

5. Fiona M. Morris, R. N., the Director of Nursing at Riverside Convalescent Center, was notified by Ms. Hennessey that Respondent Hatton had quit work, but Ms. Morris did not receive either an oral or a written resignation from the Respondent.

   
   

6. Introduced into evidence was a copy of an official time and signature sheet for the month of January, 1979, for the employee, Respondent Hatton. The Respondent signed in for work on the night of January 27, 1979, at 10:45 o'clock

   p.m. and signed out at 4:00 o'clock a.m. January 28, 1979. The Respondent had previously agreed by conversation with Ms. Hennessey that evening to work the 11:00 p.m. to 7:00 a.m. shift for which she had been employed and from which she had not resigned. Respondent Hatton in fact did not work all of said shift, leaving some three (3) hours early. She left without informing her supervisor, Ms. Hennessey, and left her floor unattended.

   
   

7. In mitigation of leaving her night shift early, Respondent Hatton contended that she told someone on the floor she was leaving, and that she had injured herself the day before and was suffering pain from her back. The Respondent also said she had informed several people that she was resigning as of January 27, 1979.

   
   

8. Neither party submitted proposed findings of fact, memoranda of law or proposed recommended orders.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction of this cause and the parties thereto pursuant to Section 120.57, Florida Statutes.

   
   

10. Section 464.21 Disciplinary proceedings.-- provides:

    
    

    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 who has been 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 practice,

       in which proceeding actual injury need not be established.

       
       

11. The Respondent violated the foregoing statute by leaving the floor of the convalescent center which she was scheduled to serve from 4:00 a.m. until 7:00 a.m. Her employment was for the period of 11:00 p.m. to 7:00 a.m. Her inattention to her duty and her lack of responsibility to the patients in the convalescent center on the floor on which she was required to remain until at least 7:00 a.m. is unprofessional conduct and contrary to the prevailing good nursing practices.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Petitioner Board reprimand the Respondent, Betty Jean Dempsey Hatton.

DONE and ORDERED this 16th day of October, 1979, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

Betty Jean Dempsey Hatton 8201 Styers Court

Jacksonville, Florida 32221

Geraldine B. Johnson, R. N. Board of Nursing

Ill Coastline Drive East, Suite 504 Jacksonville, Florida 32202

Docket for Case No: 79-001023

Orders for Case No: 79-001023