STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, )

)

Petitioner, )

)

vs. ) CASE NO. 91-0673

)

JANET WOODS, )

)

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 case on April 23, 1991, at Tampa, Florida.

APPEARANCES

For Petitioner: Tracey S. Hartman, Esquire

Department of Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-0792

For Respondent: Janet Woods, pro se

6301 South Westshore Boulevard Suite 1424

Tampa, Florida 33616-1334 STATEMENT OF THE ISSUES

Whether Respondent is guilty of unprofessional conduct on or about June 6, 1990, and whether Respondent is unable to practice nursing with reasonable skill and safety to patients by reason of any medical or physical condition.

PRELIMINARY STATEMENT

By Administrative Complaint filed November 5, 1990, the Department of Professional Regulation, Petitioner, seeks to revoke, suspend, or otherwise discipline the license of Janet Woods, Respondent, as a licensed practical nurse. As grounds therefor, it is alleged that on October 31, 1989, Respondent was involuntarily committed into Pinellas County Mental Health Facility; that on June 6, 1990 while assigned to duty at AMI Memorial Hospital, Tampa, Florida, Respondent was sent home before her shift ended because she was exhibiting bizarre conduct and neglected patients under her care.

At the hearing, Petitioner called 9 witnesses, Respondent testified in her own behalf, and 6 exhibits were admitted into evidence. Proposed findings

submitted by the Petitioner are accepted. Those not included herein were deemed unnecessary to the conclusions reached.

FINDINGS OF FACT

1. At all times relevant hereto Respondent was licensed as a practical nurse in the State of Florida.

   
   

2. On June 6, 1990, Respondent was employed by Care Team, a home care and staffing agency and was assigned to work at Tampa Memorial Hospital on the 3

   p.m. to 11 p.m. shift on the surgical floor.

   
   

3. On this date, Respondent was observed by other nurses to laugh hysterically, without apparent cause; to look at a blank wall and appear to be reading something written across the wall; to appear to be plucking invisible objects out of the air; to appear lost and confused; to leave the nursing station to watch TV in the surgical waiting room; and to fail to provide nursing care to patients for which Respondent was responsible.

   
   

4. Among these nursing duties not accomplished by Respondent on this date was the catheterization of patient M.H., the failure to release traction on another patient's foley catheter, and allow drainage bags on patients with continuous bladder irrigation bags to become completely full and the drips to run dry.

   
   

5. As a result of these problems, Respondent was relieved of duty before the end of her shift and told to go home at 7 p.m.

   
   

6. Respondent acknowledged in her testimony that she started her shift on June 6, 1990 with negative feelings and was relieved when told to go home. She denies any neglect of patients that evening and states another nurse had offered to change the drips, but failed to do so, thereby leaving Respondent at fault. Respondent had no recollection of the incident involving the catheterization of a patient.

   
   

7. Respondent was involuntarily committed to the Pinellas Mental Health Center on October 31, 1989 on the basis of testimony from two psychiatrists who testified Respondent was depressed, had irrational thinking, impaired judgment, denies she has any problems and refuses treatment. (Exhibit 2)

   
   

8. Respondent was released November 9, 1989 after a hearing in which the General Master found the evidence of impairment not clear and convincing, with a diagnosis of schizo-affective Disorder/Bipolar Type.

   
   

9. Respondent prefers working in pediatrics and considers herself a very good pediatric nurse. She is also deeply in love with a pediatrician and hopes to become his wife. However, this doctor is married and denies any involvement with Respondent other than a professional one for a brief period only.

   
   

10. Respondent does not believe she has any mental or emotional problems and rejects any suggestion that she needs mental health counseling.

    
    

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

12. Respondent is here charged with violating Sections 464.018(1)(h) and (j), Florida Statutes, which provide the following acts shall be grounds for disciplinary action:

    
    

    (h) Unprofessional conduct, which shall include, but not be limited to, any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practices, in which case actual injury need not be established.

    
    

    (j) Being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcoholic, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon a finding of the secretary or his designee that probable cause exists to believe that the licensee is unable to practice nursing because of the reason stated in this paragraph, the authority to issue an order to compel a

    licensee to submit to a mental or physical examination by physicians designated by the department.

    
    

13. In these proceedings, Petitioner has the burden to prove the allegations by clear and convincing evidence. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

    
    

14. Here we have evidence that between 3 p.m. and 7 p.m. on June 6, 1990, Respondent was exhibiting erratic behavior indicating she was unable to practice nursing with reasonable skill and safety to patients. However, one incident of erratic behavior will not support a finding that the licensee is unable to practice nursing with reasonable skill and safety to patients by reason of mental illness. One such incident will, however, support a finding that probable cause exists to believe the Respondent is unable to practice nursing with reasonable skill and safety to patients by reason of mental illness and justify the department to order Respondent to submit to a mental examination by a physician designated by the department.

    
    

15. During this period between 3 p.m. and 7 p.m., June 6, 1990, Respondent failed to provide the care and treatment required by the minimal standards of acceptable nursing practice to several patients under her care. This violates Section 464.018(1)(h), Florida Statutes, above quoted.

    
    

16. From the foregoing, it is concluded that probable cause exists to require Respondent to undergo a mental examination by a physician designated by the department to determine if Respondent is unable to practice nursing with reasonable skill and safety to patients by reason of mental or emotional illness.

RECOMMENDATION:

It is, therefore, recommended that the license of Janet Woods as a licensed practical nurse be suspended for a period of six months, that she be ordered to report for a mental examination by a physician designated by the department and that, after the examination, if Respondent is found able to practice nursing with reasonable skill and safety to patients, the suspension be lifted and Respondent be restored to full licensure.

RECOMMENDED this 28th day of May, 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 28th day of May, 1991.

COPIES FURNISHED:

Tracey S. Hartman, Esquire Department of Professional

Regulation

1940 North Monroe Street Tallahassee, FL 32399-0752

Janet Woods

6301 South Westshore Boulevard Suite 1424

Tampa, FL 33616-1334

Jack McRay General Counsel

Department of Professional Regulation

Northwood Centre

1940 North Monroe Street Suite 60

Tallahassee, FL 32399-0792

Judie Ritter Executive Director

504 Daniel Building

111 East Coastline Drive Jacksonville, FL 32202

Docket for Case No: 91-000673

Orders for Case No: 91-000673