STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 87-2502

)

CINDY JIRAK, )

)

Respondent. )

)

RECOMMENDED ORDER

The formal administrative hearing in this case was held before William C. Sherrill, Jr., Hearing Officer, on July 22, 1987, in Sanford, Florida.

Appearing for the parties were:

For the Petitioner: John Namey, Esquire

22 East Pine Street Orlando, Florida 32801

For the Respondent: Cindy Jirak, Pro Se

2718 Dellwood Drive

Eustis, Florida 32726

The Petitioner submitted four exhibits which were admitted into evidence, and the testimony of Rebecca Ward Thompson and Edna Robinson. The Respondent submitted no exhibits and her own testimony. There is a transcript.

FINDINGS OF FACT

1. The Respondent, Cindy Louise Jirak, was licensed as a Registered Nurse pursuant to Florida law on May 14, 1979. Her license was last actively renewed to May 30, 1983, and now is in a lapsed status. P. Ex. 1.

   
   

2. The Respondent was employed as a licensed Registered Nurse at the Central Florida Regional Hospital in Sanford, Florida, during the six month period up to and including October, 1986.

   
   

3. On July 8, 1986, the Respondent was on duty as a licensed Registered Nurse and improperly set up intravenous fluids for a patient. The Respondent set up a previously ordered fluid, stating that the currently ordered fluid was not available.

   
   

4. The correct procedure when a currently ordered fluid is not available is to hang a normal saline solution.

   
   

5. By hanging the previously ordered solution, the Respondent's procedure was below minimally acceptable nursing practice.

6. On October 6, 1986, the Respondent failed to turn on an intravenous solution pump after hanging an intravenous solution. The patient, therefore, did not receive the fluid that had been hung.

   
   

7. The Respondent's action in failing to turn on the pump on October 6, 1986, was below minimally acceptable nursing practice.

   
   

8. On August 23, 1986, the Respondent signed out 10 milligrams of morphine (one ampule) to be administered to a patient. Only 6 milligrams had been ordered for that patient. The procedure is to waste the excess before the narcotic is administered, and to have that act of wasting witnessed. The "waste and/or destroyed narcotic disposition record" shows that 4 milligrams were properly wasted since only 6 milligrams had been ordered for this patient. The records show that the 6 milligrams were then refused by the patient, but there is no subsequent entry to show that the 6 milligrams of morphine were properly wasted by the Respondent.

   
   

9. The Respondent's failure to record the wasting of the 6 milligrams of morphine on August 23, 1986, was below minimally acceptable nursing practice.

   
   

10. On August 22, 1986, the Respondent left two doses of Bumax in her cart with no explanation as to why the medication was not given. She was responsible for administration of that medication to a patient under her care, and the medication had been ordered for the patient. The medication was not given to that patient as ordered on that evening, and the Respondent did not make an entry in the records that the medication had not been administered.

    
    

11. The Respondent's failure to administer the prescribed medication, or to chart that failure to do so, is below minimally acceptable nursing practice.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this case.

    
    

13. By failing to hang the proper intravenous fluid on July 8, 1986, by failing to turn on the intravenous fluid pump on October 6, 1986, by failing properly to record the wasting of 6 milligrams of morphine on August 23, 1986, and by failing to administer a prescribed medication, or chart that failure, on August 22, 1986, the Respondent's nursing practice fell below minimally acceptable and prevailing nursing practice pursuant to section 464.018(1)(f), Fla. Stat. (1986). The Petitioner has proved these events by clear and convincing evidence.

RECOMMENDATION

It is recommended that the Department of Professional Regulation, Board of Nursing, enter its final order suspending the registered nursing license of Cindy Louise Jirak for a period of two years.

DONE and ENTERED this 31st day of August, 1987.

WILLIAM C. SHERRILL, JR.

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 31st day of August, 1987.

COPIES FURNISHED:

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 Sole, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

John Namey, Esquire

22 East Pine Street Orlando, Florida 32801

Cindy Jirak

2718 Dellwood Drive

Eustis, Florida 32726

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

AGENCY FINAL ORDER

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

STATE OF FLORIDA

DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF NURSING

DEPARTMENT OF PROFESSIONAL REGULATION,

Petitioner,

vs. CASE NO.: 0076697

DOAH CASE NO.: 87-2502

CINDY L. JIRAK,

Respondent.

/

FINAL ORDER

Respondent, Cindy L. Jirak is a Florida registered nurse holding license No. 1068182. 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 Bearings. 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 Fur low, 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. With regard to the penalty, the Board accepts in part and modifies in part the hearing officer's recommendation. Wherefore it is hereby ORDERED that the penalty is modified to a one year suspension; prior to reinstatement, Respondent must appear before the Board and demonstrate her ability to safely engage in the practice of nursing. This demonstration shall include an in-depth psychological evaluation performed by a licensed psychiatrist or psychologist experienced.

This Order may be appealed by filing notices of appeal and a filing fee, as set out in Section 120.68(2), F.S., and Florida Rule of Appellate Procedure 9.110(b) and (c), within 30 days of the date of filing.

DONE AND ORDERED, this 29th day of October, 1987.

LORETT A VACANTI,

Presiding Officer

COPIES FURNISHED TO:

Catherine L. Birdsong Professional Practices Services

Susan Tully Proctor, Esquire Attorney General's Office

I HEREBY CERTIFY that a

Sydney McKenzie, III copy of the foregoing

General Counsel Order in the matter of BC vs. Bobby Lee Murphy was

Florida Admin. Law Reports mailed to James D. Swearingen, Esquire, 201

Mike Holloway, Superintendent East Government Street, Escambia County Schools Pensacola, Florida 32501,

this 3rd day of November, Robert T. Benton, II, Esquire 1987, by U.S. Mail.

Hearing Officer

Division of Administrative Hearings

William E. Williams, Esquire KAREN B. WILDE, Clerk

Docket for Case No: 87-002502

Orders for Case No: 87-002502