Judges: DONALD D. CONN
Agency: Department of Health
Latest Update: Aug. 17, 1987
Summary: Respondent is reprimanded due to his comments about a suicidal patient which were derogatory and potentially dangerous.
86-5025STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 86-5025
)
MICHAEL JAMES HANLY, )
)
Respondent. )
)
RECOMMENDED ORDER
The final hearing in this case was held in St. Petersburg, Florida, on July 23, 1987 before Donald D. Conn, a Hearing Officer assigned by the Division of Administrative Hearings. The parties were represented as follows:
Petitioner: Michael A. Mone', Esquire
130 North Monroe Street Tallahassee, Florida 32399-0750
Respondent: Michael James Hanly, pro se
Post Office Box 1472
Boynton Beach, Florida 33425
The issue in this case is whether Michael James Hanly (Respondent) made unprofessional comments to a patient on August 16, 1984. The Department of Professional Regulation, Board of Nursing (Petitioner) introduced the testimony of Larry Doehlman by deposition, and also called Joyce Clark, Judith Koehne, Cecil North, Mary Ann Boldt, Norma Kleer, Roger Auger, and Debra Frank, Ph.D., who was accepted as an expert in nursing. Respondent testified on his own behalf and introduced fifteen exhibits, but three exhibits which Respondent sought to introduce were rejected. A transcript of the hearing was filed on August 3, 1987, and the parties were thereafter given ten days to file proposed recommended orders. The Appendix to this Recommended Order contains specific rulings on timely filed proposed findings of fact.
FINDINGS OF FACT
At all times material hereto, Respondent has been a licensed registered nurse in the State of Florida, with license number 78035-2. He has been licensed in Florida for a total of approximately seven years. Additionally, he has been a licensed registered nurse in New York, California and Texas for fifteen, seven and seven years, respectively.
With the exception of this case, Respondent has not been the subject of license disciplinary proceedings in Florida, or any other state of licensure.
On August 16, 1984 Respondent was employed as a licensed registered nurse at Harborside Hospital in St. Petersburg, Florida on the medical-surgical floor. He reported for duty at 7:00 a.m. on that day and was responsible for the medication cart, and dispensing medication to patients on the floor.
A patient, known as W. H., was on the medical-surgical floor on August 16, 1984. W. H. had previously been a psychiatric patient at Harborside Hospital and while on the medical-surgical floor during this admission, W. H. had been assigned a psychiatric counsellor, Cecil North, who provided counselling and group therapy.
Respondent knew that Cecil North had been assigned to W. H., and also that W. H. had attempted suicide sometime prior to this admission.
While W. H. was walking back to his room on the medical-surgical floor on August 16, 1984, accompanied by Cecil North, Respondent heard W. H. tapping on the hallway wall. At the time W. H. was approximately twelve feet from Respondent, who was standing by the medication cart in the hallway. Respondent admits he looked up from the medication cart, saw W. H. and North, and said, "Here come the crazies." North, who was walking next to W. H., heard the comment. There is no evidence that W. H. heard the comment.
Respondent testified that this comment was not a derogatory remark directed to W. H., but was said to himself as a reaction to W. H.'s tapping on the wall. Respondent had earlier been discussing movies with W. H., and specifically the movie "Escape From New York" in which the phrase, "Here come the crazies," was used in response to tapping sounds made by certain characters in that movie. Respondent stated that since the movie was on his mind, he just spontaneously made this comment to himself when he heard the tapping sounds.
After considering Respondent's explanation as well as the expert testimony of Dr. Frank, it is specifically found that his comment, "Here come the crazies," was inappropriate and unprofessional, regardless whether W. H. heard it or not. It was said in a manner which allowed this comment to be overheard by North and other nursing staff, and can reasonably be interpreted as a derogatory comment about the patient, W. H. As such, Respondent disregarded his duty to W. H., a patient on his floor, by jeopardizing the patient's self esteem and possibly supporting his suicidal tendency.
Later on August 16, 1984, Respondent was overheard talking with W. H. about filming a person committing suicide by fire. Respondent testified he was only talking about movie stunt techniques. However, in view of W. H.'s prior suicide attempt, of which Respondent was aware, this was an inappropriate and unprofessional, as well as potentially dangerous, discussion with W. H.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this case. Section 120.57(1), Florida Statutes. Since this case involves proposed license disciplinary action, the Petitioner has the burden of proving the charges set forth in the Administrative Complaint by clear and convincing evidence. Ferris v. Turlington, Case No. 69,561, Opinion filed July 16, 1987 (Fla. 1987).
Section 464.018(1)(f), Florida Statutes, prohibits unprofessional conduct by a licensee which departs from, or fails to conform to, the minimal standards of acceptable and prevailing nursing practice. In this case it has
been established by the required level of proof that Respondent's actions on August 16, 1984 with regard to the patient W. H. were inappropriate and unprofessional. By making a comment about the patient which could reasonably be interpreted as derogatory, he jeopardized the patient's self esteem and possibly supported his suicidal tendency. Comments which Respondent made to W. H. about suicide were potentially dangerous, and were clearly unprofessional in view of the fact that Respondent knew of the patient's prior suicide attempt.
Respondent's actions on August 16, 1984 departed from the minimal standards of the nursing profession.
Since this is Respondent's first violation of Chapter 464, Florida Statutes, after almost seven years of practice in Florida, and since this violation involved one patient on a single day, it is recommended that Respondent be reprimanded, but that Petitioner refrain from imposing a more severe penalty based on the facts of this case.
RECOMMENDATION
Based upon the foregoing, it is recommended that the Board of Nursing enter a Final Order finding that Michael James Hanly has violated Section 464.018(1)(f), Florida Statutes, and therefore imposing a reprimand based upon this violation.
DONE AND ENTERED this 17th day of August, 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 17th day of August, 1987.
APPENDIX
| DOAH Case No. | 86-5025 |
Rulings on Petitioner's Proposed | Findings of Fact: |
1. | Adopted in Finding of Fact | 1. |
2,3 | Adopted in Finding of Fact | 3. |
4 | Adopted in Finding of Fact | 4. |
Adopted in Findings of Fact 4, 5.
Adopted in Finding of Fact 4.
Adopted in Finding of Fact 5.
8,9 Adopted in Findings of Fact 4, 6.
Adopted in Findings of Fact 6, 8.
Adopted in Finding of Fact 8.
Adopted in Finding of Fact 9. 13,14 Adopted in Finding of Fact 8.
15 Adopted in Finding of Fact 9.
16-18 Adopted in Findings of Fact 8, 9.
COPIES FURNISHED:
Michael A. Mone', Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Michael James Hanly
P. O. Box 1472
Boynton Beach, Florida 33425
Judie Ritter Executive Director Board of Nursing
Department of Professional Regulation
Room 504, 111 East Coastline Drive
Jacksonville, Florida 32201
Van Poole, Secretary Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Joseph A. Sole, Esquire General Counsel
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF NURSING
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner,
vs. CASE NO.: 0050988
DOAH CASE NO.: 86-5025
MICHAEL JAMES HANLY,
Respondent.
/
FINAL ORDER
Respondent, Michael James Hanly is a Florida registered nurse holding license No. 78035-2. Petitioner filed an Administrative Complaint seeking suspension, revocation, or other disciplinary action against the licensee.
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 Section 120.57(1), F.S.; it is attached to and made a part of this Order.
The Board of Nursing met on October 15, 1987, in Orlando, Florida, to take final agency action. The Petitioner was represented by William Furlow, Esquire. The Respondent was neither present nor represented. The Board has reviewed the entire record in the case.
The Board adopts the findings of fact and conclusions of law of the recommended order. The Board specifically rejects the recommended penalty as being inadequate for the inappropriate, unprofessional and potentially dangerous behavior engaged in by Respondent. Citations for the Board's stated reasons for increase are: paragraphs 8 and 9 of the hearing officer's findings of fact and pages 67, 80 and 93 of the transcript of the formal hearing.
Wherefore it is hereby ORDERED that:
The licensee shall pay an administrative fine of $500.00 within 6 months. The licensee is hereby placed on PROBATION for a period of two years,
subject to the following terms and conditions:
The licensee shall not violate any Federal or State law, nor any rule or order of the Board of Nursing.
The licensee shall submit written reports to the Board, which contain the licensee's name, license number, current address, current employer's name, address and telephone number, and a statement by the licensee describing his nursing employment and performance. These reports shall be submitted quarterly, as scheduled by the Board probation section.
The licensee shall enroll in and successfully complete, in addition to normally required continuing education courses, in the following subject areas: medical ethical considerations and legal aspects of nursing within six (6) months from the filing of this Order.
During the probation the licensee shall report any change in residence address, any change of name, any change in employer or place of employment, or any time he is arrested. These events will be reported immediately (and in any event within ten working days) by certified mail to the Board of Nursing, Probation Section, 111 Coastline Drive East, Suite 504, Jacksonville, Florida 32202.
While employed as a nurse, the licensee shall be responsible for causing reports to be furnished by his employer to the Board; these reports shall set out the licensee's current position, work assignment, level of performance, and any problems. The reports shall be submitted every three months as scheduled by the Board probation section. If employed otherwise than as a nurse, the licensee shall report the position, employer and place of employment to the Board probation section on the scheduled quarterly dates. If not employed, the licensee shall so notify the Board Probation section on the scheduled quarterly dates.
Any deviation from the requirements of this probation without the prior written consent of the Board shall constitute a violation of this probation.
Upon a finding of probable cause that a violation of this probation has occurred, the licensee's license to practice nursing shall be subject to immediate and automatic suspension pending the licensee's appearance before the next Board meeting (or such other meeting as mutually agreed by the licensee and the Department) . The licensee will be given notice of the hearing and an opportunity to defend.
The probationary period shall automatically terminate at the end of the prescribed time, but only if all terms and conditions have been met. Otherwise, the probation shall be terminated only by Order of the Board upon proper petition of the licensee, supported by evidence of compliance with this Order.
This Order shall become effective upon filing with the clerk 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.
DONE and ORDERED this 18th day of November, 1987.
Jeanne Stark, Chairman Florida Board of Nursing
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been sent by U.S. Mail to Michael James Hanly, Post Office Box 1472, Boynton Beach, Florida 33425, William Furlow, Esquire, 130 North Monroe Street, Tallahassee, Florida 32301 and Donald C. Conn, Hearing Officer, Division of Administrative Hearings, The Oakland Building, 2009 Apalachee Parkway, Tallahassee, Florida 32399-1550 this 18th day of November, 1987.
Docket for Case No: 86-005025
Orders for Case No: 86-005025
| Issue Date |
Document |
Summary |
|
Nov. 18, 1987 |
Agency Final Order
|
|
|
Aug. 17, 1987 |
Recommended Order
|
Respondent is reprimanded due to his comments about a suicidal patient which were derogatory and potentially dangerous.
|
