STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 90-6672

)

JANET O. FIKLIK, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above styled cases on June 26, 1991, in St. Petersburg, Florida.

APPEARANCES

For Petitioner: Tracey S. Hartman, Esquire

1940 N. Monroe Street Tallahassee, Florida 32399-0792

For Respondent: Peter N. Meros, Esquire

Post Office Box 27

St. Petersburg, Florida 33731 STATEMENT OF THE ISSUES

Whether Respondent is guilty of unprofessional conduct as more specifically alleged in the Administrative Complaint filed July 9, 1990.

PRELIMINARY STATEMENT

By Administrative Complaint filed July 9, 1990 the Department of Professional Regulations, Petitioner, seeks to revoke, suspend, or otherwise discipline the license of Janet O. Fiklik, Respondent, as a registered nurse. At the commencement of the hearing Petitioner moved to amend the Administrative Complaint by deleting that part of paragraph 8 of the Administrative Complaint

relating to the possession of controlled substances. The motion was granted and thereafter the parties entered into the following settlement agreement subject to the approval by the Board of Nursing.

STIPULATION

1. Respondent neither admits nor denies the allegations of the Amended Administrative Complaint.

   
   

2. At all times pertinent hereto Respondent was a licensed registered nurse in the State of Florida, having been issued license number RN - 1055282, and is now practicing nursing in Georgia.

   
   

3. If true the alleged facts constitute a violation of Section 464.018 Florida Statutes.

   
   

4. Respondent shall not in the future violate Chapters 455 and 464, Florida Statutes, or the rules promulgated thereto; that Respondent shall be reprimanded by the Board; all fine provisions have been waived; that Respondent be placed on probation for one year subject to the following terms: She will report any changes in her address, telephone number, employment, employers address, or telephone number, or any arrests in writing by certified mail within five working days to the probation supervisor of the Board of Nursing office, area code (904) 359-6331, 111 East Coastline Drive, Jacksonville, Florida 32202.

   
   

5. That the licensee shall submit written reports to 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 or not employed as a nurse, and a statement describing her employment. This shall be sent to 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 her supervisor to the probation supervisor every three months. This report shall describe her current work assignment, work load, level of performance, and any problems. The nursing supervisor shall be made aware of this probation and shall verify such knowledge by notification to the Board office. Probation supervisor shall inform the Board regarding any report indicating an unprofessional level of work or other problem. Any such unsatisfactory report shall be grounds for modification of the terms of this probation.

RECOMMENDATION

It is recommended the stipulated settlement as described above be accepted. DONE and ENTERED this 26th day of July, 1991, in Tallahassee, Florida.

K.N. AYERS Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of July, 1991.

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to the Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should consult with the agency that will issue the final order in this case concerning their rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

COPIES FURNISHED:

Tracey S. Hartman, Esquire Department of Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-0792

Peter N. Meros, Esquire Post Office Box 27

St. Petersburg, Florida 33731

Judie Ritter, Executive Director Board of Nursing

504 Daniel Building

111 East Coastline Drive Jacksonville, Florida 32202

Jack McRay General Counsel

Department of Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-0792

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AGENCY FINAL ORDER

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

STATE OF FLORIDA BOARD OF NURSING

DEPARTMENT OF PROFESSIONAL REGULATION,

Petitioner,

DPR CASE NO. 89-05048

vs. DOAH CASE NO. 90-6672

JANET G. FIKLIK,

Respondent.

/

FINAL ORDER

Respondent, Janet Fiklik, holds Florida license number RN 1055282 as a registered nurse. Petitioner filed an Administrative Complaint seeking 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 that order is attached to and by reference made a part of this Final Order.

The Board of Nursing met on October 10, 1991, in Orlando, Florida, to take final agency action. The Board has reviewed the record supplied in this case.

Preliminary Finding

The Board finds that the proceeding did not comply with the essential requirements of law. Since the parties stipulated to the facts, there was no disputed issue of material fact entitling the Respondent to a formal hearing under Section 120.57(1), Florida Statutes. This case is over two years old. Because the parties, for whatever reason, set this for a formal hearing rather than an informal hearing or a stipulation, the Board is left with a decision based on the record before it and rejects the Recommended Order. Since the parties did not dispute the facts and law, the Board must consider them to be admitted. To delay any longer would not be in the best interests of the public.

Findings of Fact

The Board accepts as its Findings of Fact the facts alleged in paragraphs 1 through 8 of the Amended Administrative Complaint a copy of which is attached to and made a part of this order. In essence, these were the facts not in dispute.

Conclusions of Law

The facts in the Amended Administrative Complaint constitute a violation of Section 464.018(1)(h), Florida Statutes.

Penalty

Based on the Findings of Fact and Conclusions of Law, the Board imposes the following penalty:

The license of Janet G. Fiklik is suspended; however, that suspension will be stayed so long as she complies with the conditions of probation. Her license is placed on probation for one year with the following requirements:

The licensee shall not violate chapters 455 or 464, Florida Statutes, the rules promulgated pursuant there to, any other state or federal law, rule, or regulation relating to the practice or the ability to practice nursing.

The licensee must report any change in her address, telephone number, employment, employer's address or telephone number, or any arrests, in writing by certified mail within 5 working days to the Probation Supervisor at the Board of Nursing Office, 904/359-6331, 111 Coastline Drive, East, Suite 516, Jacksonville, FL 32202.

The licensee shall submit written reports to the Probation Supervisor at the Board of Nursing office, which contain the licensees 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 fails to submit two quarterly reports, the Board shall lift the stay of suspension and suspend the license of Janet G. Fiklik. The Board delegates the authority to impose suspension to the Executive Director and the Chairman of the Board Reinstatement shall require she to appear before the Board to demonstrate her present ability to comply with all conditions of this Order and to engage in the safe practice of nursing.

Upon employment the licensee must make and furnish a copy of this Order to her nursing supervisor who shall acknowledge this probation to the Board office. The licensee shall be responsible for assuring reports from the nursing supervisor will be furnished to the Probation Supervisor every three (3) months. That report shall describe the licensee's work assignment, work load, level of performance, and any problems. The Probation Supervisor shall inform the Board regarding any report indicating an unprofessional level of work or other problem at the next scheduled Board or probable cause panel meeting. Any unsatisfactory reports shall be grounds for modification of the terms of this probation.

The licensee shall submit to random blood and/or urine tests at times and places arranged by the Department. At unannounced times the investigator shall present himself/herself to the licensee and request a blood or urine sample to be provided immediately in the presence of the investigator. The licensee shall provide complete information and documentation concerning usage of any over the counter or prescribed medications or any substance that might effect the test results and which had been taken in the period since the last random specimen was obtained. All costs connected with the random testing shall be borne by the

licensee. If the licensee refuses to comply with this condition, she shall be required to attend the next Board meeting to show cause why the probation should not be modified and the license suspended.

The licensee shall not consume alcohol at any time during the term of this probation.

The licensee shall not consume, or otherwise self medicate, with any controlled substances or legend drugs unless prescribed by a duly licensed practitioner. However, the drugs shall only be consumed, ingested, or injected for a medically justifiable purpose. The licensee shall immediately advise the Probation Supervisor of any controlled substances which he/she is taking. That notification, in writing, shall provide the name, strength and dosage of the controlled substance, the name of any and all practitioners responsible for prescribing, administering, dispensing, or ordering the controlled substance, and the medical reason for which the drug is prescribed.

The licensee's failure to comply with the terms of this Probation Order without the prior written consent of the Board shall be a violation of this Probation. The probation shall not be terminated until the licensee has complied with all terms of probation.

The board delegates the authority to the Executive Director and the Chairman of the Board to lift the stay of suspension. If suspended, she must appear before the Board to establish her ability to comply with all terms of this Order and to demonstrate her present ability to engage in the safe practice of nursing.

The licensee shall pay all costs necessary to comply with the terms of the Order. Such costs include, but are not limited to, the costs of preparation of investigative and probationary reports detailing the compliance with this probation, the costs of obtaining and analyses of any blood or urine specimens submitted pursuant to this Order, and administrative costs directly associated with the licensee's probation.

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 the Notice of Appeal with the District Court of Appeal within thirty days of the date that this order is filed.

This order shall become effective upon filing with the Clerk of the Board.

Done and Ordered this 11th day of December, 1991.

Sandra Darling, ARNP Vice Chairman

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Order has been sent by certified mail to Janet Fiklik, 9460 124th Way North, Seminole, Florida 34646 and Peter Meros, Esquire, Post Office Box 27, St. Petersburg, Florida 33731 and by interoffice mail to Tracey Hartman, Department of Professional Regulation, this 11th day of December, 1991.

Jodie K. Ritter Executive Director

Docket for Case No: 90-006672

Orders for Case No: 90-006672