Judges: JANE C. HAYMAN
Agency: Department of Health
Latest Update: Jun. 19, 1989
Summary: Whether the Respondent committed the offenses set forth in the Administrative Complaint and , if so, what disciplinary action should be taken.Petitioner proved respondent left nursing assignment improperly and was therefore guilty of unprofessional conduct.
89-0325STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING )
)
Petitioner, )
)
vs. ) CASE NO. 89-325
)
DALIA V. GONZALEZ )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Jane C. Hayman, held a formal hearing in the above- styled case on May 4, 1989, in Miami, Florida.
APPEARANCES
For Petitioner: Lisa M. Basset
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Santiago Pellegrini
1570 Northwest Fourteenth Street Miami, Florida 33125
STATEMENT OF THE ISSUES
Whether the Respondent committed the offenses set forth in the Administrative Complaint and , if so, what disciplinary action should be taken.
PRELIMINARY STATEMENT
By administrative complaint dated November 30, 1988, Petitioner charged that Respondent violated the provisions of Section 464.018(1), Florida Statutes. The gravamen of Petitioner'S charge is the assertion that Respondent failed to conform to the minimal standards of acceptable and prevailing nursing practice by abandoning her duties without proper notice and leaving her patients unattended.
At the hearing, Petitioner called as witnesses, Alison Lichtenstein, Lydia de la Cruz and Jane Reilly Perkins, and Petitioner's exhibits, P-1 through P-5 were admitted into evidence. Respondent testified on her own behalf, but offered no exhibits.
A transcript of the hearing was filed May 23, 1989, and the parties were granted leave until June 2, 1989 to file proposed findings of fact. Petitioner
elected to file proposed findings, and they have been addressed in the apppendix to this recommended order.
FINDINGS OF FACT
Respondent, Dalia V. Gonzalez, was at all times material hereto, licensed as a registered nurse in the State of Florida, having been issued license number RN 88664-2.
On August 16, 1988, Respondent was employed as a charge nurse for the skilled unit portion of a floor at Coral Gables Convalescent Center. The remaining portion of the floor was a long term intermediate care unit with a licensed practical nurse, Ms. Jane Reilly Perkins, serving as charge nurse for said unit.
During the change of shifts and between 6:30 a.m. and 7:00 a.m. on August 16, 1988, a threatening argument, over the number of personnel assigned to each portion of the floor, arose between Respondent and Ms. Reilly who was accompanied by another licensed practical nurse. Ms. Reilly is a female of physically imposing stature; therefore, Respondent, reasonably fearing her safety, locked herself in her office and called her supervisor to ask for assistance.
Respondent remained locked in her office for approximately two hours awaiting the arrival of her supervisor. During this time, Respondent was in constant contact with the other medical personnel on her floor. Although she was the only registered nurse present, her personal service as a registered nurse was not required at the time nor was she prohibited from giving it had the necessity arisen.
When Respondent's supervisor, a registered nurse, arrived, they discussed the situation with Ms. Reilly. During this discussion, Respondent gave her first notice of intent to leave her position. After being informed that if she left, she would lose her position at Coral Gables Convalescent Center, Respondent handed her keys to her supervisor and left the facility not completing her assigned shift.
While Respondent was available to her patients, although locked in her office during her shift, she did leave her nursing assignment without notifying her supervisor of her intent to leave within sufficient time to allow substitute arrangements to be made. Respondent's notice was improper Consequently, Respondent acted with unprofessional conduct.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings.
The allegations in this case are that Respondent violated Section 464.018(1), Florida statutes. Subsection (h) of Section 464.018(1) authorizes the Board of Nursing to take disciplinary action against a nurse who is guilty of:
Unprofessional conduct, which shall include, but not be limited to, any departure from, the failure to conform to, the minimal standards of acceptable and prevailing
nursing practice, in which case actual injury need not be established.
Rule 210-10.005 (1)(e)4, Florida Administrative Code defines unprofessional conduct as "Leaving a nursing assignment before properly advising appropriate personnel."
Under existing law, the burden is on Petitioner to demonstrate by clear and convincing evidence that Respondent violated the provisions of Section 464.018(1),, Florida Statutes. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987). Here, Petitioner met its burden.
In arriving at an appropriate penalty in the instant case, consideration has been given to the disciplinary guidelines set forth in Rule 210-10.011, Florida Administrative Code. Based on a balancing of such guidelines, an appropriate penalty in the instant case is found to be a written reprimand.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED the a final order be entered reprimanding Petitioner.
DONE AND ENTERED in Tallahassee, Leon County, Florida, this 19 day of June 1989.
JANE C. HAYMAN
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 19 day of June 1989.
APPENDIX TO RECOMMENDED ORDER CASE NO. 89-325
Petitioner's proposed findings of fact are addressed as follows:
Addressed in paragraph 1.
Addressed in paragraph 1.
Addressed in paragraph 2.
Addressed in paragraph 2.
Addressed in paragraph 3.
Not necessary to result reached.
Addressed in paragraph 2.
Addressed in paragraph 3.
Addressed in paragraph 3.
To the extent supported by competent proof, addressed in paragraph 3.
Addressed in paragraph 4.
Subordinate to the result reached.
Subordinate to the result reached.
Addressed in paragraph 6.
Not supported by competent and substantial evidence.
Addressed in paragraph 5.
Not supported by competent and substantial evidence.
Not supported by competent and substantial evidence.
Addressed in paragraph 6.
Addressed in paragraph 6.
Addressed in paragraph 5.
Not supported by competent and substantial evidence.
Not supported by competent and substantial evidence.
Not supported by competent and substantial evidence.
Addressed in paragraph 6.
COPIES FURNISHED:
Lisa M. Basset, Esquire Department of Professional
Regulation
1940 North Monroe Street Suite 60
Tallahassee, Florida 32399-0729
Santiago Pellegrini, Esquire 1570 Northwest Fourteenth Street Miami, Florida 33125
Judie Ritter Executive Director Board of Nursing
504 Daniel Building
111 East Coastline Drive Jacksonville, Florida 32201
Kenneth E. Easley General Counsel
Department of Professional Regulation
1940 North Monroe Street Suite 60
Tallahassee, Florida 32399-0729
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION
BOARD OF NURSING
DEPARTMENT OF PROFESSIONAL REGULATION,
Petitioner,
vs. | DPR CASE NO. | 0103906 |
| DOAH CASE NO.: | 89-0325 |
DALIA V. GONZALEZ, |
|
|
Respondent.
/
FINAL ORDER
Respondent, Dalia V. Gonzalez, holds Florida License No. RN 88664-2 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 reference made a part of this Order.
The Board of Nursing met on August 10, 1989, in Tallahassee, 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 set forth in the Recommended Order with the exception of Recommended Conclusion of Law 5. which is hereby rejected.
PENALTY
The Hearing Officer apparently did not understand the significance of Respondent's irresponsible and unprofessional behavior while on duty as a registered nurse. Her inappropriate departure from her assigned duty station, without sufficient warning for a replacement to be located, endangered the safety of every patient on the floor. The Board determined that the record supports imposing a penalty more severe than that recommended by the Hearing
Officer. The Board therefore Orders that the Respondent pay an administrative fine of $1,000.00 within six months of the filing date of this Final Order.
Furthermore, the license of Dalia V. Gonzalez is hereby suspended for six months followed by a one year term of probation subject to the following terms and conditions:
The licensee shall not violate Chapters 455 or 464, Florida Statutes, the rules promulgated pursuant thereto, or any other state or federal law, rule, or regulation relating to the practice or the ability to practice nursing.
The licensee will report any change in her address, telephone number, employment, employer's address or telephone number, or any arrests, immediately, by telephone and in writing by certified mail within 10 working days to the Probation Supervisor at the Board of Nursing Office, 904/359-6331, 111 East Coastline Drive, Jacksonville, Florida 32202.
The licensee shall submit written reports to the Probation Supervisor at the Board of Nursing office, which contain the licensee's name, license number, current address, name, address, and phone number of each current employer, whether employed as a nurse or not, and a statement by the licensee describing her employment. This report shall be submitted to the Probation Supervisor every three (3) months in a manner as directed, by the Probation Supervisor. If the licensee is not employed as a nurse either when probation begins, or at any time during probation, the licensee shall immediately notify the board office of her return to nursing.
The licensee shall be responsible for causing reports to be furnished by his/her nursing supervisor to the Probation Supervisor every three (3) months. This report shall describe the licensee's work assignment, work load, level of performance and any problems. The nursing supervisor shall be made aware of the licensee's probation and shall verify such knowledge by notification to the board office.
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.
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 Final Order is filed.
This Final Order shall become effective upon filing with the Clerk of the Board of Nursing.
DONE and ORDERED this 19th day of October, 1989.
Jeanne Stark, R.N. Chairman
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been sent to Dalia V. Gonzalez, 4560 S.W. 68th Court Circle #2, Miami, Florida 33155, by Certified Nail this 19th day of October, 1989.
Judie Ritter Executive Director
Docket for Case No: 89-000325
Orders for Case No: 89-000325
| Issue Date |
Document |
Summary |
|
Oct. 19, 1989 |
Agency Final Order
|
|
|
Jun. 19, 1989 |
Recommended Order
|
Petitioner proved respondent left nursing assignment improperly and was therefore guilty of unprofessional conduct.
|
