STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 91-2663

)

KATHY ANTON, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was heard by William R. Dorsey, Jr., the Hearing Officer designated by the Division of Administrative Hearings, on September 3, 1991, in Fort Pierce, Florida.

APPEARANCES

For Petitioner: Tracey S. Hartman, Esquire

Department of Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-0792

For Respondent: Kathy Anton

1105 Sun Villa Drive

Vero Beach, Florida 32960 STATEMENT OF THE ISSUE

The issue is whether Respondent is guilty of misconduct as alleged in the Administrative Complaint, and if so, what penalty should be imposed.

PRELIMINARY STATEMENT

At the opening of the hearing the parties announced they had executed a stipulation.

RECOMMENDATION

It is recommended that a Final Order be entered consistent with the stipulation.

RECOMMENDED this 30th day of September, 1991, at Tallahassee, Florida.

WILLIAM R. DORSEY, JR.

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 of Administrative Hearings this 30th day of September, 1991.

COPIES FURNISHED:

Tracey S. Hartman, Esquire

Department of Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Kathy Anton

1105 Sun Villa Drive

Vero Beach, Florida 32960

Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Judie Ritter, Executive Director Department of Professional Regulation Board of Nursing

111 Coastline Drive, East Room 50 Jacksonville, Florida 32202

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this 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 contact the agency that will issue the final order in this case concerning agency 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.

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AGENCY FINAL ORDER

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STATE OF FLORIDA BOARD OF NURSING

DEPARTMENT OF PROFESSIONAL REGULATION

Petitioner,

vs. DPR CASE NO.: 90-004114 DOAH CASE NO.: 91-2663

KATHLEEN ANTON,

Respondent.

/

FINAL ORDER

Respondent, Kathleen Anton, holds Florida license number LPN 0820021 as a licensed practical 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 December 5, 1991, in Tampa, Florida, to ake final agency action. The Board has reviewed the record supplied in this case.

PRELIMINARY FINDINGS

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. 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 7 of the 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 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 Kathleen Anton 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 two years with the following requirements:

The licensee shall not violate chapters 455 or 464, Florida Statutes, the rules promulgated pursuant thereto, 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 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 fails to submit two quarterly reports, the Board shall lift the stay of suspension and suspend the license of Kathleen Anton. The Board delegates the authority to impose suspension to the Executive Director and the Chairman of the Board. Reinstatement shall require her 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 enroll in and successfully complete courses in legal aspects and assessments. This shall be in addition to other normally required continuing education courses. Home study courses will not be accepted to satisfy this condition unless specifically authorized by the Board.

Verification of course content and course completion must be submitted to the Probation Supervisor within six months from the date of this Order.

If the licensee leaves Florida for thirty days or more or ceases to practice nursing in the `state, she probation shall be tolled until the licensee

returns to active practice of nursing in Florida. Then the probationary period will resume.

The licensee must work in a setting under direct supervision and only on a regularly assigned unit. She cannot be employed by a nurse registry, temporary nurse employment agency or home health agency. Multiple employers are prohibited. The licensee cannot be self-employed as a nurse.

She must pay a $300 administrative fine within 90 days.

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 filling with the Clerk of the Board. Done and Ordered this 3rd day of January , 1992.

BOARD OF NURSING

Sandra Darling, ARNP Vice Chairman

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by certified mail to KATHLEEN ANTON, 1105 Sun Villa Drive, Vero Beach, Florida 32960, and by interoffice mail to Tracey Hartman, Attorney at Law, Department of Professional Regulation, 1940 N. Monroe Street, Tallahassee, FL 32399-0773 this 3rd day of January , 1992.

Judie K. Ritter Executive Director

Docket for Case No: 91-002663

Orders for Case No: 91-002663