Judges: ROBERT T. BENTON, II
Agency: Department of Health
Latest Update: Jul. 20, 1982
Summary: Respondent is guilty of committing a lewd act in presence of minor not in her care as nurse. Due to unprofessional conduct, suspend license for two years.
81-3149STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 81-3149
)
PATRICIA B. HAISCHER, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing in Lowell, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton II, on April 8, 1982.
APPEARANCES
For Petitioner: William M. Furlow, Esquire
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Respondent appeared on her own behalf.
By administrative complaint dated November 6, 1981, petitioner alleged that "[o]n or about August 19, 1981, a Judgment was entered by the Circuit Court for the Sixth Judicial Circuit of Florida, finding Respondent guilty of a felony, to wit: Lewd and Lascivious Act in the Presence of a Child under the Age of Fourteen Years. . .in violation of Section 464.018(1)(c), Florida Statutes. . ."
FINDINGS OF FACT
On and after May 29, 1978, respondent Patricia Bose Haischer has been licensed by petitioner as a licensed practical nurse. She holds license No. 0482051.
On May 1, 1981, an information was filed in the Circuit Court for the Sixth Judicial Circuit in Case No. CRC 8103052 CFANO (Pinellas County) charging respondent with "knowingly. . .commit[ting] a lewd and lascivious act in the presence of Yvonne Moir, a child under the age of fourteen years, by willfully and knowingly engaging in sexual activity in the presence of. . .Yvonne Moir. .
.but without intent to commit sexual battery upon. . .Yvonne Moir."
Petitioner's Exhibit No. 2. On her plea of guilty, respondent was adjudicated guilty of violating Section 800.04, Florida Statutes (1981), on August 19, 1981; and, on the same date, respondent was sentenced to twelve years' imprisonment.
At the time of the hearing, respondent was confined at the Florida State Prison for Women.
According to respondent's uncontroverted testimony, elicited in petitioner's case, she never fondled Yvonne Moir but was present and undressed while her husband had sexual intercourse with the child; she acted under the domination of her husband (who is now himself incarcerated for sex offenses) and was not altogether well emotionally at the time. Yvonne Moir was not in respondent's care as a nurse when these events transpired.
Respondent's misbehavior evinced a disregard for Yvonne Moir's emotional health and reflects adversely on respondent's ability to practice nursing, for that reason. This opinion was expressed by a nurse with eighteen years' experience who testified for petitioner without objection from respondent.
As a nurse, respondent has never harmed a patient or put a patient in jeopardy. She has had good recommendations from anybody who has ever supervised her, and one supervisor called her "trustworthy and dependable."
During her imprisonment, respondent has visited a psychologist on a regular basis. She feels better and more confident about herself than she did at the time of the offense.
CONCLUSIONS OF LAW
Petitioner is authorized to take disciplinary action whenever it is shown that a licensee has been "convicted. . .of a crime. . .which directly relates to the practice of nursing or to the ability to practice nursing." Section 464.018(1)(c) Florida Statutes (1981). The crime of which respondent was convicted was not work-related, but there was testimony that her crime "directly relates. . .to the ability to practice nursing." Section 464.018(1)(c), Florida Statutes (1981). Since this testimony was uncontroverted, petitioner established a violation of Section 464.018(1)(c), Florida Statutes (1981), even though, in petitioner's view, a nurse guilty of driving a speeding car might be said to evince an unprofessional disregard for her passengers' health.
RECOMMENDATION
Upon consideration of the foregoing, it is RECOMMENDED:
That respondent suspend petitioner's license for two (2) years.
DONE AND ENTERED this 20th day of April, 1982, in Tallahassee, Florida.
ROBERT T. BENTON, II
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 20th day of April, 1982.
COPIES FURNISHED:
Patricia B. Haischer Box 202 F.C.I.
Lowell, Florida 32663
William R. Furlow, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Helen P. Keefe, Executive Director Board of Nursing
111 East Coastline Drive, Room 504 Jacksonville, Florida 32202
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF NURSING
IN RE: PATRICIA MARIE B. HAISCHER, L.P.N. CASE NO. 0017303 License No. 0482051 DOAH NO. 81-3149
/
ORDER
On November 6, 1981, the Department of Professional Regulation filed an Administrative Complaint charging the Respondent with a violation of 464.018(1)(c), F.S., in that she had been convicted or found guilty, regardless of adjudication, of a crime which directly relates to the practice of nursing. At the Respondent's election, a formal hearing was held before a Hearing Officer of the Division of Administrative Hearings, Robert T. Benton, II, on April 8, 1982. In due course the Hearing Officer issued a Recommended Order, a copy of which is attached hereto and made a part hereof. At its regularly scheduled meeting held on June 3, 1982, in Jacksonville, Florida, the Board considered the Recommended Order in accordance with the provisions of 120.57(1)(b)9., F.S. Counsel for Department of Professional Regulation filed exceptions to the Recommended Order and Respondent submitted a letter of explanation.
FINDINGS OF FACT
Having reviewed the entire record including the transcript, the Board finds the Hearing Officer's Findings of Fact to be adequately supported by competent substantial evidence and hereby adopts them as its own.
CONCLUSIONS OF LAW
The Board agrees with the Hearing Officer that the Findings of Fact demonstrate that the Respondent is guilty of the violation charged and adopts his Conclusions of Law as its own.
The Board, after reviewing the entire record, specifically rejects the Hearing Officer's recommended penalty as being insufficient in view of the above Findings of Fact and Conclusions of Law.
Therefore, it is ORDERED AND ADJUDGED that the license of Patricia Haischer be and is hereby REVOKED.
Done and Ordered this 15th day of June, 1982.
Mary F. Henry, Chairman Florida Board of Nursing
cc: Robert T. Benton, II
Patricia B. Haischer Box 202 F.C.I.
Post Office Box 147 Lowell, Florida 32663
Docket for Case No: 81-003149
Orders for Case No: 81-003149
| Issue Date |
Document |
Summary |
|
Jun. 15, 1982 |
Agency Final Order
|
|
|
Apr. 20, 1982 |
Recommended Order
|
Respondent is guilty of committing a lewd act in presence of minor not in her care as nurse. Due to unprofessional conduct, suspend license for two years.
|
