Judges: WILLIAM J. KENDRICK
Agency: Department of Health
Latest Update: May 11, 1988
Summary: Nurse found to be under the influence of a controlled substance such that he was unable to practice nursing with reasonable skill and safety
88-0115.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 88-0115
)
MARTY JOHNSEY, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a public hearing in the above-styled case on April 28, 1988, in Fort Lauderdale, Florida.
APPEARANCES
For Petitioner: Michael A. Mone, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
For Respondent: No appearance
PRELIMINARY STATEMENT
By administrative complaint dated July 13, 1987, petitioner charged that respondent violated the provisions of Sections 474.018(1)(f), (g), and (h), Florida Statutes. The gravamen of petitioner's charge is that respondent, a registered nurse, was under the influence of a controlled substance while on duty at Broward General Medical Center.
At hearing, petitioner presented the testimony of four witnesses, and its exhibits 1-7 were received into evidence. Neither the respondent nor anyone on his behalf appeared at final hearing.
The transcript of the hearing was not ordered. All parties were granted leave until May 9, 1988, to file proposed findings of fact. Petitioner elected to file proposed findings, and they have been addressed in the appendix to this recommended order.
FINDINGS OF FACT
Respondent, Marty Johnsey (Johnsey), was at all times material hereto licensed as a registered nurse in the State of Florida, having been issued license number 1766782.
From November 10, 1986, to November 25, 1986, Johnsey was employed as a certified registered nurse anesthetist at Broward General Medical Center, Fort Lauderdale, Florida.
On November 24, 1986, while on duty at Broward General, Johnsey was observed by Dr. Alfredo Ferrari, an anesthesiologist, to be in a rigid and cyanotic condition. Dr. Ferrari immediately summoned assistance, and Johnsey was placed on a stretcher, given respiratory assistance, and taken to the emergency room.
While in the emergency room, Johnsey was administered Naloxone, a specific narcotic antagonist used to reverse the effects of synthetic narcotics such as Sufentanil. Within minutes of being administered Naloxone, Johnsey began to breath normally, wake up, and relate to his environment.
A urine sample taken from Johnsey on November 24, 1986, as well as a syringe found by Dr. Ferrari next to Johnsey when he first assisted him, were subsequently analyzed and found to contain Sufentanil. Sufentanil is a synthetic narcotic analgesic, and a Schedule II controlled substance listed in Section 893.03(2)(b), Florida Statutes.
Under the circumstances, the proof demonstrates that on November 24, 1986, Johnsey, while on duty at Broward General, was under the influence of Sufentanil to such an extent that he was unable to practice nursing with reasonable skill and safety.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Pertinent to this case, Section 464.018(1) Florida Statutes, provides that the following acts are grounds for disciplinary action against a licensed nurse:
Unprofessional conduct, which shall include, but not be limited to, any departure from, or the failure to conform to, the minimum standards of acceptable and prevailing nursing practice, in which case actual injury need not be established.
Engaging or attempting to engage in the possession... of controlled substances as set forth in Chapter 893, for any other than legitimate purposes.
Being unable to practice nursing with reasonable skill and safety to patients by reason of... use of... narcotics...
The proof is clear and convincing that Johnsey violated the provisions of Sections 474.018(1)(f), (g) and (h) Florida Statutes, as alleged in the administrative complaint.
The Board of Nursing has established by rule a range of guidelines from which disciplinary penalties will be imposed upon nurses who are guilty of violating Chapter 464, Florida Statutes. Rule 21O-10.011, Florida Administrative Code. In accordance with those guidelines, the appropriate penalty in the instant case is a $250.00 fine, suspension until such time as the licensee can demonstrate that he can safely practice his profession, followed by a one year term of probation.
RECOMMENDATION
Based on the forgoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered imposing an administrative fine
of $250.00, suspending the license of respondent until such time as he can
demonstrate that he can safely practice his profession, followed by a one year term of probation.
DONE AND ENTERED in Tallahassee, Leon County, Florida, this 11th day of May, 1988.
WILLIAM J. KENDRICK
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 11th day of May, 1988.
APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-0115
Petitioner's proposed findings of fact are addressed as follows:
1. Addressed in paragraph l. 2-3. Addressed in paragraph 2. 4-7. Addressed in paragraph 3.
8-10. To the extent pertinent, addressed in paragraph 4. 11-15. Addressed in paragraph 5.
Otherwise rejected as subordinate.
16. Addressed in paragraph 7.
COPIES FURNISHED:
Michael A. Mone', Esquire Mr. Marty Johnsey Department of Professional 180 Skyline View Drive
Regulation Collinsville, Illinois 62234
130 North Monroe Street Tallahassee, Florida 32399-0750
Judie Ritter, Executive Director William O'Neil Department of Professional General Counsel
Regulation Department of Professional Board of Nursing Regulation
Room 504, 130 North Nonroe Street
111 East Coastline Drive Tallahassee, Florida 32399-0570 Jacksonville, Florida 32201
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION
BOARD OF NURSING
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner,
vs. CASE NO.: 0077813
DOAH CASE NO.: 88-0115
MARTY G. JOHNSEY,
Respondent.
/
ORDER
Respondent, Marty G. Johnsey, holds Florida License No. RN 1776782 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 Section 120.57, Florida Statutes. A copy of the Recommended Order is attached to and by referenced made a part of this Order.
The Board of Nursing met on February 8, 1990, in Gainesville, 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 adopts the penalty on the recommended order. However, the Board interprets the penalty to mean that the licensee is suspended until a reevaluation is completed of the licensee's mental and emotional stability by a psychiatrist or psychologist approved by the IPN and the licensee successfully completes any recommended follow-up treatment. The licensee musty then appear before the Board to demonstrate his present ability to engage in the safe practice of nursing. At that time the Board will consider a term of probation and conditions necessary to protect the public.
Pursuant to Section 120.68, 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 of this order is filed.
This Order shall become effective upon filing with the clerk of the Department of Professional Regulation.
DONE and ORDERED this 30th day of March, 1990.
Board of Nursing
Jeanne Stark Chairman
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been furnished by certified mail to Marty G. Johnsey, 180 Skyline View Drive, Collinsville, Illinois 62234, and by interoffice mail to William J. Kendrick, Hearing Officer, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550 and Michael Monte', Attorney At Law, Department of Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-0792 this 30th day of March, 1990.
Judie K. Ritter Executive Director
Docket for Case No: 88-000115
Orders for Case No: 88-000115
| Issue Date |
Document |
Summary |
|
Mar. 30, 1990 |
Agency Final Order
|
|
|
May 11, 1988 |
Recommended Order
|
Nurse found to be under the influence of a controlled substance such that he was unable to practice nursing with reasonable skill and safety
|
