Judges: ARNOLD H. POLLOCK
Agency: Department of Health
Latest Update: Feb. 16, 1989
Summary: Nurse's supervision skills, knowledge of job requiremenets and nursing skills were so poor as to be below minimum standards
88-4914STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING )
)
Petitioner, )
)
vs. ) CASE NO. 88-4914
)
LAWRENCE J. SLEURS, R.N., )
)
Respondent. )
)
RECOMMENDED ORDER
A hearing was held in this case in Lakeland, Florida, on January 18, 1989, before Arnold H. Pollock, Hearing officer. The issue for consideration was whether Respondent's license as a registered nurse should be disciplined because of the misconduct alleged in the Administrative Complaint filed herein.
APPEARANCES
Petitioner: Charles F. Tunnicliff, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Respondent: Was not present and was not
represented by counsel.
BACKGROUND INFORMATION
On August 16, 1988, Charles F. Tunnicliff, Chief Attorney, Allied Health Section, for Tom Gallagher, then Secretary of the Department of Professional Regulation, executed an Administrative Complaint alleging than the Respondent had failed to conform to the minimal standards of acceptable and prevailing nursing practice in Florida, in violation of Section 464.018, Florida Statutes. Respondent disputed the allegations of fact contained in the Administrative Complaint and requested a formal hearing, and on September 4, 1988, the matter was forwarded to the Division of Administrative Hearings for the appointment of a hearing officer. On October 27, 1988, the undersigned set the case for hearing on January 10, 1989 but, prior to the hearing, sua sponte, issued an Amended Notice of Hearing changing the date of hearing to January 18, 1989. The place of hearing remained the same.
At the hearing, Petitioner was present but Respondent failed to appear.
The hearing was scheduled to begin at 1:30 PM but the undersigned delayed starting the proceedings until 1:50 PM in an effort to allow Respondent to appear. He did not. Counsel for Petitioner advised that the Department's investigator had gone to the address listed by Respondent as his residence on two separate occasions but failed to find anyone home. Neighbors advised that the house had been vacated and efforts to reach Respondent by phone indicated
that his phone had been disconnected. The investigator attempted to determine from the phone company to see if there was any other listing for Respondent or his wife, but none did. Neither the initial Notice of Hearing nor the
Amended Notice of Hearing was returned undelivered by the Post Office. It is concluded, therefore, that Respondent chose to waive his right to appear at the hearing and Petitioner presented evidence to establish a prima facie case.
Petitioner presented the testimony of Tammy Ann Statuto, records custodian and business manager for Hillsborough County Developmental Service in Tampa; Julia Pearsall, at the time in issue, the Administrator of the Hillsborough County Development Center and the individual who hired and discharged Respondent; and Mary L. Willis, a registered nurse serving as a consultant to the Department of Professional Regulation and an expert in nurse discipline.
Petitioner also introduced Petitioner'S Exhibits 1, 2 and 3. Respondent presented no evidence.
No transcript was provided nor did either party submit Proposed Findings of Fact.
FINDINGS OF FACT
At all times pertinent to the allegations contained herein, Respondent Lawrence J. Sleurs, was a registered nurse in Florida under License Number 1248372, which was issued on February 21, 1987, and which expires on March 31, 1989. Respondent was originally licensed by endorsement on June 1, 1981 and was licensed for the renewal bienniums from June, 1981 through March, 1989.
The Board of Nursing is the agency responsible for licensing registered nurses in Florida.
At all times pertinent to the allegations contained in the Administrative Complaint the Respondent was employed as Director of Nursing at the Hillsborough County Developmental Center in Tampa, Florida, having been hired to that position by Julia Pearsall, the Administrator of the facility.
Starting in July, 1987, numerous employees at the facility reported to the Administrator that Respondent was not performing his duties in an appropriate fashion. A consultant, Addle Colgan, employed by Medical Services Corporation, was called to evaluate Respondent's performance and conducted a series of evaluations of the facility as it related to Respondent's performance as Director of Nursing in June, July, and August, 1987.
During the course of these various interviews, she determined that Respondent had failed to record appropriate records or take appropriate steps regarding several grand mal seizures of a particular patient during the latter part of June and the early part of July, 1987; that he had failed to exercise appropriate managerial skills in providing appropriate nursing help; that his medical record-keeping was less than satisfactory; that his drug control operations were substandard; and, that numerous other areas of nursing practice as accomplished by Respondent were below standards. In her report dated July 16, 1987, Ms. Colgan recommended that Respondent be put on probation for a period of observation followed by reevaluation. This information and the failures in his performance were discussed with the Respondent by Ms. Colgan and he indicated his awareness of them and his belief that he could do better.
It was obvious, however, that he could not do so. On July 25 and 26, 1987, Respondent again failed to orient a licensed practical nurse as required;
he failed to relieve one nurse, requiring her to work approximately 20 hours straight; and his mismanagement caused the nurse in charge to commit multiple medication errors due to her fatigue, lack of orientation, and the receipt of improper directions from Respondent.
As a result, on July 30, 1987, Respondent was interviewed by Ms. Colgan and Ms. Pearsall at which time he verified what he had advised the nurse in question; his failure to document medication errors or to notify a physician; his failure to read policy and procedures regarding medication errors; and his lack of awareness of immediate and future scheduling needs. Considering the seriousness of these offenses and the fact that Respondent had not improved over the period of probation, at 2:30 PM on July 30, 1987, he was relieved of his duties as Director of Nursing and discharged from employment with
the facility.
The personnel file pertaining to Respondent and the investigative file concerning his alleged misconduct were forwarded to Mary L. Willis, a registered nurse consultant and expert in the field of nursing competence for evaluation. Having reviewed the entire file, she is satisfied that Respondent's skills were poor and he interfered with the nurses under his supervision in the details of their duties. As a result of his activities, she questions his managerial skills, his preparation for the job of Director of Nursing, his knowledge of care of seizure patients, and his lack of understanding and experience with medications. Taken together, these defects convince her that the care rendered by Respondent during the period in question did not come up to minimal standards as it relates to seizure patients. She is also convinced that the level of skill demonstrated by Respondent in this case was less than that of a practical nurse. In addition, it is her opinion that his charting of medications failed to achieve minimal technical standards in that he ignored basic principles involved in the administration of medication.
Ms. Willis has many serious doubts regarding Respondent's preparation to serve as a Director of Nursing. She cannot understand, in light of the fact that he initially complained of the hours required of a Director of Nursing and because of the fact that he lived in Lakeland and while working in Tampa, why he accepted the position in the first place.
Taken together, it is her opinion and it is so found, that Respondent's performance of duty as Director of Nursing and as a registered nurse, during the period June - July, 1987, failed to conform to the minimal standards of acceptable and prevailing nursing practice in Florida.
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.
Under the provisions of Section 464.018(1)(f), Florida Statutes, the Board of Nursing is empowered to discipline the license of a nurse for:
Unprofessional conduct, which shall include, but not be limited to, any departure from, of the failure to conform to, the minimal standards of acceptable and prevailing nursing practice, in which case actual injury need not be alleged.
Here, Petitioner has clearly established, uncontroverted by any evidence by Respondent, that Respondent's performance while Director of Nursing at the Hillsborough County Developmental Service was so far below acceptable that it constituted a failure to conform to the minimal standards of acceptable and prevailing nursing practice in Florida. It has, without question, satisfied its burden with clear and convincing evidence of Respondent's misconduct.
Section 464.018(2), outlines the penalties available to the Board of Nursing when it finds, as here, that Respondent has committed the offenses alleged in the Administrative Complaint. Counsel for the Board has recommended, on behalf of the Board, that Respondent be reprimanded, that he be placed on probation for one year under such terms and conditions as prescribed by the Board, and that he pay an administrative fine of $500.00. In light of the clear evidence of Respondent's guilt, and the serious nature of his performance, this recommendation is appropriate.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore:
RECOMMENDED that the Respondent Lawrence J. Sleurs, R. N., be reprimanded, that he be placed on probation for one year under such terms and conditions as the Board may specify, and that he pay an administrative fine of $500.00.
RECOMMENDED this 16 day of February, 1989 at Tallahassee, Florida.
ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division Administrative Hearings this 16 day of February, 1989.
COPIES FURNISHED:
Judie Ritter, Executive Director Department of Professional Regulation Board of Nursing
Room 504, 111 East Coastline Drive
Jacksonville, FL 32201
Charles F. Tunnicliff, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Lawrence J. Sleurs, R.N. 2047 Somerville Drive
Lakeland, Florida 32801
Docket for Case No: 88-004914
Orders for Case No: 88-004914
| Issue Date |
Document |
Summary |
|
Oct. 25, 1989 |
Agency Final Order
|
|
|
Feb. 16, 1989 |
Recommended Order
|
Nurse's supervision skills, knowledge of job requiremenets and nursing skills were so poor as to be below minimum standards
|
