STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 80-207

)

BARBARA BARLOW, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on March 25, 1980, in Pensacola, Florida.

Julius Finegold, Esquire, Jacksonville, Florida, appeared on behalf of the Petitioner, Florida State Board of Nursing. The Respondent, Barbara Barlow, appeared on her own behalf and chose to represent herself although she was advised by the undersigned of her right to be represented by an attorney.

The Petitioner filed an Administrative Complaint against the Respondent alleging five medication errors committed by the Respondent during the month of November, 1978, while she was employed as a licensed practical nurse at West Florida Hospital in Pensacola, Florida. The Administrative Complaint charged that such errors constituted unprofessional conduct in violation of Section 464.21(1)(b), Florida Statutes (1977). In her opening statement, Respondent admitted the commission of three of the five medication errors set forth in the Administrative Complaint, specifically those errors charged in Paragraphs 1(a), 1(b) and 1(e), to wit:

1. On or about November 5, 1978, at approximately 5:00 a.m., Respondent failed to administer to Mary F. Scofield a medication, to-wit: Robinul 2 mg, as ordered by the patient's physician.

2. On or about November 9, 1978, at approximately 3:00 a.m., Respondent failed to administer to Walter Robinson a medication, to-wit: Quinidine, a cardiac medication, as ordered by the patient's doctor.

(e) On-or about November 10, 1978, at approximately 6:00 a.m., Respondent administered a medication, to-wit: Gentamycin, to Eddie Hardin at a time approximately eight

(8) hours earlier than ordered by the patient's physician.

The medication errors set forth in Paragraphs 1(c) and 1(d) were disputed by the Respondent, and the hearing was accordingly restricted to evidence concerning Paragraphs 1(c) and 1(d).

In support of the two disputed medication errors, Petitioner presented the testimony of Alice Rhoades, Director of Medical Records at West Florida Hospital; Jeanette Saxton, Secretary to the Director of Nursing at West Florida Hospital; Beverly Everitt, Head Nurse at West Florida Hospital during the period of time material to the allegations in the Administrative Complaint; and Carrie Miller, a licensed practical nurse employed at West Florida Hospital during the time period in question.

Both the Petitioner and Respondent were invited to submit post-hearing proposed findings of fact and conclusions of law. The Petitioner has so submitted a Proposed Recommended Order. To the extent that the findings of fact contained in that recommended order have not been adopted in this Recommended Order, they have been rejected as not having been supported by the evidence, or as having been irrelevant to the issues under consideration herein.

FINDINGS OF FACT

1. The Respondent, Barbara Barlow, is a licensed practical nurse holding License No. 41347-1 issued by the Florida State Board of Nursing.

   
   

2. During the month of November, 1978, Respondent was employed as a licensed practical nurse at West Florida Hospital, Pensacola, Florida.

   
   

3. Prior to November, 1978, Respondent underwent a formal orientation program given by the hospital, which program included medication procedures for West Florida Hospital. Subsequent to that formal orientation program, Respondent received additional orientation with respect to medication procedures from Carrie Miller, an experienced licensed practical nurse working at West Florida Hospital on the same shift as the Respondent. Respondent was additionally counseled by Beverly Everitt, Respondent's head nurse, regarding medication procedures.

   
   

4. Respondent's explanation for the errors alleged in Paragraphs 1(c) and 1(d) of the Administrative Complaint was vague and uncorroborated by either live testimony or the patients' medical records, which were received into evidence. Further, Respondent's explanation failed to withstand cross-examination.

   
   

5. Respondent was terminated from her position at West Florida Hospital for having committed an excessive number of medication errors.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction of this cause and of the parties hereto pursuant to Section 120.57, Florida Statutes (1979).

   
   

7. Section 464.21(1)(b), Florida Statutes (1977), authorizes the Florida State Board of Nursing to take disciplinary action against the holder of a nursing license for:

   
   

   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.

   
   

8. Petitioner presented substantial competent evidence to show that Respondent committed the two disputed medication errors, to wit:

   
   

   1. On or about November 5, 1978, at approximately 3:00 a.m., Respondent failed to administer to Myrtle Schuemann a medication, to-wit: Tetracycline, an antibiotic, as ordered by the patient's doctor.

   2. On or about November 27, 1978, at approximately 3:00 a.m., Respondent administered a drug, to-wit: Keflex, to Daniel Bass, contrary to the physician's

   orders which called for it to be given at 9:00 a.m.

   
   

9. Respondent's failure to administer medications in accordance with physicians' orders constitutes departure from the minimal standards of acceptable and prevailing nursing practice and, accordingly, constitutes unprofessional conduct.

   
   

10. At thee conclusion of the hearing, Respondent requested that she be given an opportunity for additional training in the administration of medication. Further, Petitioner, in its Proposed Recommended Order, has recommended that Respondent's license be placed on probation for a period of one year with the specific condition of that probation being that Respondent enroll in and successfully complete, during that period of probation, a course in the administration of and charting of medications. In view of the admission by Respondent of three of the five medication errors charged in the Administrative Complaint filed herein, and in view of the joint desire by the Petitioner and Respondent that Respondent be given an opportunity to obtain additional training in her chosen profession, the disciplinary action suggested by the Petitioner is appropriate.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That the Board enter its final order finding Respondent, Barbara Barlow, guilty of unprofessional conduct based upon each and every allegation contained in the Administrative Complaint and placing the license of Respondent to practice nursing in the State of Florida on probation for a period of one year with the specific term and condition of said probation being that Respondent, during the period of probation, enroll in and successfully complete a course in the administration of and charting of medications by a nurse.

RECOMMENDED this 20th day of May, 1980, in Tallahassee, Florida.

LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1107 Blackstone Building

223 West Bay Street Jacksonville, Florida 32202

Joseph L. Hammons, Esquire

412 West Gregory Street Pensacola, Florida 32501

Ms. Barbara Barlow Route 2, Box 129

Milton, Florida 32570

Ms. Geraldine B. Johnson, R.N. Supervisor I, Office of Investigations

Region II

Florida State Board of Nursing

111 East Coastline Drive Jacksonville, Florida 32292

Ms. Nancy Kelley Wittenberg, Secretary Department of Professional Regulation The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

Docket for Case No: 80-000207

Orders for Case No: 80-000207