STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 86-4221

)

EDDIE H. BELLAMY, )

)

Respondent. )

)

RECOMMENDED ORDER

A final hearing was held in this case on February 4, 1987 in Winter Haven, Florida before Donald D. Conn, a duly designated Hearing Officer of the Division of Administrative Hearings. The Department of Professional Regulation, Board of Nursing, (Petitioner) was represented by Gary D. Beatty, Esquire, but Eddie H. Bellamy (Respondent) did not appear.

At the hearing Petitioner called four witnesses and introduced one exhibit.

A transcript of the hearing was filed on February 17, 1987. The parties were allowed to file post hearing proposed recommended orders, and a ruling on each timely filed proposed finding of fact is included in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Respondent is now, and at all times material hereto has been, a registered nurse (RN) in the State of Florida, having been issued license number 1593142.

   
   

2. At all times material hereto, Respondent was employed as an RN at Forest Park Nursing Center in Plant City, Florida.

   
   

3. On April 9, 1986 Respondent left Forest Park Nursing Center at approximately 8:00 P.M. in the middle of his duty shift. Shortly before he left, Respondent became very loud and verbally abusive to Kathleen Norris, another registered nurse at Forest Park Nursing Center. The reason why Respondent became upset is unknown. Regardless of the reason, he was heard by Francis Hays, daughter of a patient at the Nursing Center, using vulgar language and cursing at Kathleen Norris in a very loud voice at the nurse's station.

   Mrs. Hays also observed that Respondent had left his medication cart unattended in the hallway outside her mother's room while he yelled at Norris.

   
   

4. Respondent yelled at Norris in a manner which could be overheard by patients and their families. He used language which included, "son of a bitch," "Motherf ker," and "f k you."

   
   

5. According to Norris, who has been a registered nurse for 27 years, and Kathleen Schiavinato, a registered nurse for 17 years who was accepted as an expert in nursing, Respondent's conduct on the night of April 9, 1986 was

   totally unprofessional and inappropriate, and failed to adhere to acceptable minimum standards of nursing.

   
   

6. Notice of the hearing which had been requested by Respondent was sent to him on November 14, 1986 at his last known address, as shown on his election of rights form, and on his response to Petitioner's Requests For Admissions. This notice was not returned by the post office with any indication of it being "undeliverable."

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this cause. Section 120.57(1), Florida Statutes. Petitioner has the burden of proof in this case since Petitioner seeks to impose license disciplinary action on Respondent. Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977); Bowling v. Department of Insurance, 394 So.2d 165 (Fla. 1st DCA 1981); Florida Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981).

   
   

8. Section 464.018(1)(f), Florida Statutes, authorizes disciplinary action against any licensee who has engaged in unprofessional conduct which departs from, or fails to conform to minimal standards of acceptable and prevailing nursing practice. The unrebutted evidence presented by Petitioner clearly establishes that Respondent has violated Section 464.018(1)(f), and is therefore subject to license disciplinary action. Disciplinary guidelines promulgated by the Florida Board of Nursing are found at Rule 210-10.005, Florida Administrative Code. These guidelines provide that a nurse who has been found to have violated Section 464.018(1)(f) in instances listed in Rule 210-10.005, Florida Administrative Code, may be penalized by either reprimand, fine, probation or suspension. Rule 210-10.005(2)(e)13, Florida Administrative Code, provides that a nurse is guilty of unprofessional conduct by failure to conform to minimal standards of acceptable and prevailing nursing practice.

RECOMMENDATION

Based upon the foregoing facts and conclusions of law, it is recommended that the Petitioner enter a Final Order finding the Respondent guilty of violating Section 464.018(1)(f), Florida Statutes, suspending the Respondent's nursing license for 30 days, and requiring him to pay a $150 fine.

DONE AND ENTERED this 2nd day of March, 1987 in Tallahassee, Florida.

DONALD D. CONN

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of March, 1987.

APPENDIX

Rulings on petitioners' Proposed Findings of Fact: 1-2 Adopted in Finding of Fact 1.

1. Adopted in Finding of Fact 2.

2. Adopted in Finding of Fact 3.

3. Adopted in Finding of Fact 4.

4. Adopted in Finding of Fact 3.

5. Adopted in Findings of Fact 3, 4 and 5.

COPIES FURNISHED:

Gary D. Beatty, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Fl 32399-0750

Eddie Bellamy

100 Avenue West, N.E. Winter Haven, Fl 33880

Van B. Poole Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Fl 32399-0750

Wings S. Benton, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Fl 32399-0750

Judie Ritter Executive Director Board of Nursing Room 504

111 East Coastline Drive Jacksonville, Fl 32201

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

AGENCY FINAL ORDER

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

STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION

BOARD OF NURSING

DEPARTMENT OF PROFESSIONAL REGULATION,

Petitioner,

vs. CASE NO.: 0070700

DOAH CASE NO.: 86-4221

EDDIE BELLAMY,

Respondent.

/

ORDER

Respondent, Eddie H. Bellamy, holds Florida License No. 1593142 as a registered nurse. Petitioner filed an Administrative Complaint seeking revocation, suspension, or other disciplinary action against the license.

Respondent requested a formal hearing and one was held before the Division of Administrative Hearings. A Recommended Order has been forwarded to the Board pursuant to 120.57, Florida Statutes. A copy of the Recommended Order is attached to and by reference made a part of this Order.

The Board of Nursing met on April 23, 1987, in Tampa, Florida, to take final agency action. The Board has reviewed the entire record in the case.

FINDINGS OF FACT

The Board accepts and adopts the Findings of Fact contained in the Recommended Order.

CONCLUSIONS OF LAW

The Board accepts and adopts the Conclusions of Law contained in the Recommended Order.

PENALTY

The Board is in general agreement with the recommended penalty, but feels that the thirty day suspension is insufficient on this record. Based on the record, which reflects a lack of professionalism on Respondent's part by using obscenities in a loud and vulgar manner in the presence of patients (T. 9, 10,

17) as well as the danger to patients inherent in the very serious act of abandonment n the middle of a shift (T. 22-23), the Board is very concerned that this behavior will be repeated and that patients will be put in danger. Therefore, in order to protect the public, the Board finds that the penalty

should be increased to continue the suspension until Respondent submits a satisfactory psychological evaluation. It is therefore ORDERED that

The licensee shall pay an administrative fine of $150 within 60 days.

The license of Eddie H. Bellamy is hereby SUSPENDED for thirty (30) days and thereafter 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. Such demonstration shall include, at a minimum, an in-depth psychological evaluation from a psychiatrist psychologist or other licensed counselor, which includes an opinion that the licensee is presently capable of returning to the safe practice of nursing.

Within (30) thirty days the license shall return his license to the Board office, Suite 504, 111 Coastline Drive East, Jacksonville, Florida 32201 or shall surrender the license to an investigator of the Department of Professional Regulation.

Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that they may appeal this final order by filing one copy of a notice of appeal with the clerk of the agency and by filing the filing fee and one copy of a notice of appeal with the District Court of appeal within thirty days of the date this order is filed.

This Order shall become effective upon filing with the clerk of the Department of Professional Regulation.

DONE and ORDERED this 6th day of May, 1987.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been sent to EDDIE H. BELLAMY, 100 Avenue W Northeast, Winter Haven, Florida 33880, by United States Mail, on or before 5:00 p.m., this 6th day of May, 1987.

Judie Ritter Executive Director

Docket for Case No: 86-004221

Orders for Case No: 86-004221