STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1745

) WENDY LAURIE ENTELIS DEUTSCH, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, in Room 216, Moot Courtroom in Miami, Florida, on October 25, 1979, commencing at 1:30 o'clock p.m.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: Mary Ellen Shoemaker, Esquire

Suite 507, Courthouse Square Building

200 Southeast Sixth Street

Fort Lauderdale, Florida 33302 ISSUE

Whether the license of the Respondent, Wendy Laurie Entelis Deutsch, License No. 80859-2, should be suspended or revoked, or whether the Respondent should be placed on probation.

FINDINGS OF FACT

1. The Respondent, Wendy Laurie Entelis Deutsch, holds registered nurse license No. 80859-2. During the time pertinent to this hearing the Respondent was employed as a registered nurse at Variety Children's Hospital in Miami, Florida.

   
   

2. On June 13, 1979, an Administrative Complaint was Filed against the Respondent, alleging that she was guilty of unprofessional conduct based upon the factual allegations contained in the Administrative Complaint. Respondent requested a formal hearing.

   
   

3. At the commencement of the formal hearing, Counsel for the Petitioner moved to withdraw allegation 1(b) contained in the Administrative Complaint, and to amend allegation 1(e) to make it read, "On or about November 18, 1978, at

   approximately 4:00 a.m., signing out for two (2) tablets of Tylenol No. 3 for the patient, Robert Kemp, and Respondent failed to properly chart both the Tylenol No. 3 tablets signed out by her for said patient." Petitioner also moved to amend paragraph 1(f) to read, "Wasting Demerol and failing to describe the reason for the wastage as required by hospital rules and regulations." Said motions to amend were granted without objection on the part of the Respondent.

   
   

4. Respondent Deutsch admitted all of the allegations contained in the Administrative Complaint as amended. Petitioner then rested in view of the stipulated admissions to the allegations as amended.

   
   

5. The Hearing Officer finds the Respondent guilty of the following accusations found in the Administrative Complaint filed June 13, 1979, pertaining to Respondent's employment at Variety Children's Hospital during November of 1978:

   
   

   1. Signing out for Demerol (Meperidine) for patients and failing to properly chart the administration of same;

   2. Signing out for Demerol on the narcotic control record and indicating times out of sequence with other entries on the record;

   3. Signing out for Tylenol No. 3 (with Codeine) a controlled substance, for a patient, George Melendez, and failing to properly chart the administration of same;

   4. On or about November 18, 1978, at approximately 4:00 a.m., signing out for two

      (2) tablets of Tylenol No. 3 for a patient, Robert Kemp, and failing to properly chart both tablets of Tylenol No. 3 signed out by her for said patient;

   5. "Wasting" Demerol and failing to describe the reason for the wastage as required by the hospital's rules and regulations; and

   6. Signing out for Demerol for a patient, Rhonda Haile, at an interval more frequent than ordered by the patient's physician

      
      

6. The evidence showed as follows:

   
   

   1. That no physical damage or other damage to the patients resulted from the improper charting and failure to follow physicians' orders;

   2. That the violation occurred on or about November of 1978, and that no complaints have been filed against Respondent either prior to or following November of 1978;

   3. That the Respondent graduated from nursing school in 1975;

   4. That the Respondent is self-supporting, as she has separated from her husband and depends on nursing for her livelihood;

   5. That the Respondent has made an effort to rehabilitate herself by taking a medication course and by improving her charting; and

   6. That other mitigating factors include that the Respondent had never administered narcotics to children previously, and none of the supervisory personnel at her place of

      employment reviewed her charting with her but instead told her that "she was doing a good job."

      
      

7. Both parties submitted proposed recommended orders. These instruments were considered in the writing of this order. To the extent the proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this order they have been specifically rejected as being irrelevant or not having been supported by the evidence.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

9. 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 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 . . .

   
   

10. Section 464.0125(1)(f), Florida Statutes (1979), provides that unprofessional conduct shall be grounds for disciplinary action. Unprofessional conduct is described in Section 464.0125 (1)(f), supra, as that "which shall include, but not be limited to, 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 Petitioner Board has shown that Respondent Deutsch failed to conform to the minimal standards of acceptable and prevailing nursing practice.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Respondent, Wendy Laurie Entelis Deutsch, be reprimanded.

DONE and ORDERED this 20th day of December, 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

Mary Ellen Shoemaker, Esquire

Suite 504, Courthouse Square Building

200 Southeast Sixth Street

Fort Lauderdale, Florida 33302

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

111 Coastline Drive East, Suite 504 Jacksonville, Florida 32202

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

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

STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION

BOARD OF NURSING

DEPARTMENT OF PROFESSIONAL REGULATION,

Petitioner,

vs. CASE NO. 33148

DOAH CASE NO. 79-1745

WENDY L. DEUTSCH,

Respondent.

/

ORDER

Respondent, Wendy L. Deutsch, holds Florida License No. 80859-2 as a registered nurse. Petitioner has filed an Administrative Complaint seeking suspension, revocation, or other disciplinary action against the license; the Complaint is attached to and made a part of this Order.

The licensee, as Respondent, has admitted the factual allegations of the Administrative Complaint, but has requested an informal hearing pursuant to Section 120.57(2), F.S.

This cause came before the Board of Nursing on October 13, 1983, in Miami, Florida for final agency action. The licensee was not present.

FINDINGS OF FACT

Based upon the admission of the factual allegations, the Board adopts as its findings of fact paragraphs 2 through 6 of the Administrative Complaint.

CONCLUSIONS OF LAW

Based on the Findings of Fact, the Board concludes that the licensee has violated 464.018(1)(j), F.S.

The Board is empowered by 464.018(2) to impose a penalty against the licensee. Therefore it is ORDERED that the license of Wendy L. Deutsch is hereby SUSPENDED until such time as the licensee personally appears before the Board and can demonstrate the present ability to safely engage in the practice of nursing

DONE and ORDERED in Jacksonville, Florida this 1st day of November, 1983.

Sandra S. Bauman, Chairman Florida Board of Nursing

cc: Wendy Th. Deutsch 9388 Longmeadow Circle

Boynton Beach, Florida 33436

Docket for Case No: 79-001745

Orders for Case No: 79-001745