STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1232

)

JO CAROLYN SANDERSON LANE, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Clearwater, Florida, before the Division of Administrative Hearings and its duly designated Hearing Officer, Sharyn L. Smith, on February 15, 1980. The parties were represented by counsel:

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: Gary A. Hewetson, Esquire

711 Grand Central Street, Suite B Clearwater, Florida 33516

On October 5, 1979, Petitioner filed an Amended Administrative Complaint against the Respondent which alleged that Respondent's license to practice in Florida was suspended on September 14, 1976, for one year for having falsified controlled narcotic records and converting to her own use three(3) ampules of Dilaudid, a controlled narcotic, which was the property of her employer, Memorial Hospital of Tampa.

The Amended Complaint also alleged that Respondent's license to practice in Arkansas was suspended indefinitely on September 30, 1977, following an Administrative Hearing. This was a result of the Respondent having appropriated to her own use significant quantities of Morphine Sulphate and Dilaudid while employed as a nurse at two Arkansas hospitals.

While employed as a registered nurse at University General Hospital in Seminole, Florida, Respondent was alleged to have failed to properly chart the administration of Morphine, signed out on several occasions for morphine for a patient for whom no doctor has prescribed the drug and unlawfully possessed Dilaudid, which was the property of her employer, on or about August 14, 1979.

Based upon the allegations set forth above, the Amended Complaint alleged that Respondent was guilty of violating 464.21(1)(b), 464.21(1)(d), 464.0125(f) and 464.0125(1)(g), Florida Statutes.

Prior to the hearing, the attorneys for the parties conferred and advised the Hearing Officer that they had arrived at a stipulation as to the facts.

Upon the record being opened, it was stipulated by Respondent's attorney and by the Respondent that the allegations contained in the Administrative Complaint were admitted, but Respondent reserved the right to put on witnesses in mitigation, which was done.

FINDINGS OF FACT

1. Based upon the stipulation made under oath by the Respondent that the allegations in the Amended Complaint were true and that the facts as set forth in the complaint were admitted freely and voluntarily, they are hereby found to be proven.

   
   

2. Respondent was married to Joseph Lane for approximately five (5) years and was divorced from him in November, 1979. One child was born of the marriage, a two-year-old girl.

   
   

3. During these five years of marriage, the Respondent and her family were subjected to mental and physical abuse by Mr. Lane.

   
   

4. This abuse included physically battering the Respondent to a degree which caused severe bruising and choking, tackling and battering Respondent's seventy-three-year-old father, one such incident occurring prior to Respondent's father suffering a severe heart attack.

   
   

5. Both before and during the marriage Mr. Lane used illegal drugs.

   
   

6. Respondent was aware of her husband's drug dependency yet continued to live with him, apparently believing that she could help him with his drug problem.

   
   

7. The beatings inflicted upon the Respondent were caused by Mr. Lane's need for drugs and Mrs. Lane's ability to secure the same from her employers.

   
   

8. Respondent did not obtain drugs for her own use or for the use of anyone other than her husband.

   
   

9. After the filing of the Amended Complaint, Respondent obtained a divorce, was awarded custody of her minor child and both she and her daughter presently reside with her parents in Clearwater, Florida.

   
   

10. Respondent is the sole support of her minor child and receives no alimony or child support from her former husband.

    
    

11. Respondent was an excellent nurse as verified by her former nursing supervisors.

    
    

12. Respondent served two (2) years as a commissioned officer in the United States Air Force as a nurse and received an Honorable Discharge.

    
    

    CONCLUSIONS OF LAW

    
    

13. The Board of Nursing has jurisdiction over the Respondent and the subject matter.

14. Based on the facts set forth above, the Respondent is guilty of violating 464.21(1)(b) and (d), Florida Statutes, which provides:

    
    

    "(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.", and

    "(d) Engaging in the possession, sale, or distribution of controlled substances as set forth in Chapter 893, for any other than legitimate purposes."

    
    

    Respondent's conduct in obtaining controlled substances for the use of her husband, even as a result of physical violence, is unacceptable and cannot be condoned. In pursuing such a course of conduct she endangered not only herself, but also her child, parents and patients. By continuing her relationship with her husband, the Respondent demonstrated a lack of personal judgment which affected her professional duties.

    
    

15. In Respondent's favor is the fact that her personal family situation did not affect her abilities to provide quality nursing care. She is now divorced, living with a minor child in her parents' home, is attempting to "rebuild" her life by attending school, and is making efforts to pay off bills from her former marriage. There appears to be a likelihood that if the Respondent remains on her present course, she could make positive contributions to her profession.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That Respondent's license be revoked subject to the condition that the board reinstate her nursing license in three (3) years, if the board at that time is satisfied that Respondent has made good faith efforts to permanently eliminate the factors from her life which have caused this disciplinary proceeding.

DONE and ORDERED this 9th day of April, 1980, in Tallahassee, Florida.

SHARYN L. SMITH, 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

Gary A. Hewetson, Esquire 711 Grand Central Street Clearwater, Florida 33516

Docket for Case No: 79-001232

Orders for Case No: 79-001232