Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer would recommend that the Florida State Board of Nursing give Madeline Gerardo a letter of official reprimand for her unprofessional conduct and place her on probation for a period of one year. For the other violation, the Hearing Officer would recommend an additional one year's probation to run concurrent with the probation assessed for unprofessional conduct. DONE and ORDERED this 11th day of June, 1979, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Julius Finegold, Esquire 1107 Blackstone Building 233 East Bay Street Jacksonville, Florida 32202 Geraldine B. Johnson, R. N. 111 East Coastline Drive Jacksonville, Florida 32202 Madeline S. Gerardo, L. P. N. Box 1124 Belleview, Florida 32620 STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 ================================================================= AGENCY FINAL ORDER ================================================================= BEFORE THE FLORIDA STATE BOARD OF NURSING IN THE MATTER OF: Madeline S. Akoboff Gerardo Box 1124 Belleview, Florida 32620 CASE NO. 79-285 As a Licensed Practical Nurse License Number 29985-1 /
The Issue The issue in this case is whether Respondent violated certain disciplinary provisions governing the practice of nursing and, if so, what penalty should be imposed.
Findings Of Fact Continually since September 29, 1980, through the present, Respondent has been licensed as a registered nurse, holding license number RN 1198172. There is no evidence of any prior discipline involving Respondent. Respondent was employed by Indian River Memorial Hospital from 1987 through the time in question. On September 2, 1989, Respondent was about to leave the hospital at the end of her shift. She laid down her purse, which was lying open on a counter. Another nurse noticed that two hospital pharmacy bags were inside the purse and that they contained at least eight pills of Darvocet N-100's. Darvocet N-100 is propoxyphene napsylate which is, according to the 1991 Physician's Desk Reference, a "mild narcotic structurally related to methadone" with a potency of two-thirds to equal that of codeine. It is indicated for the relief of "mild to moderate pain." Darvocet N-100 is about as addictive as codeine. One of Respondent's supervisors later determined, by comparing pharmacy records to medical charts for patients, that the pills had been dispensed for a patient for whom Respondent had been responsible on September 2. A few days after the incident, Respondent's supervisors confronted her with the accusation. Respondent immediately returned one envelope with less than the amount of Darvocet N-100's that she had taken. Respondent submitted to a urinalysis on September 12, 1989. Although showing nine negative results, including for propoxyphene, the report disclosed the presence of cannabis in Respondent's urine.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Board of Nursing enter a final orders reprimanding Respondent, imposing an administrative fine of $250, and suspending her license until she completes a program for impaired nurses. ENTERED this 3rd day of July, 1991, in Tallahassee, Florida. ROBERT E. MEALE 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 3rd day of July 1991. COPIES FURNISHED: Tracey S. Hartman, Senior Attorney Department of Professional Regulation Northwood Centre 1940 N. Monroe St., Ste. 60 Tallahassee, FL 32399-0792 Michelle Marie Lahanse 1708 S. Park Ave. Melbourne, FL 32901 Jack McCray, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Judie Ritter Executive Director Board of Nursing 504 Daniel Building 111 East Coastline Drive Jacksonville, FL 32202
Findings Of Fact The Respondent, Wendy Laurie Entelis Deutsch, holds registered nurse license No. 80859-2. During the time pertinent to this hearing the Respondent was employed as a registered nurse at Variety Children's Hospital in Miami, Florida. On June 13, 1979, an Administrative Complaint was Filed against the Respondent, alleging that she was guilty of unprofessional conduct based upon the factual allegations contained in the Administrative Complaint. Respondent requested a formal hearing. At the commencement of the formal hearing, Counsel for the Petitioner moved to withdraw allegation 1(b) contained in the Administrative Complaint, and to amend allegation 1(e) to make it read, "On or about November 18, 1978, at approximately 4:00 a.m., signing out for two (2) tablets of Tylenol No. 3 for the patient, Robert Kemp, and Respondent failed to properly chart both the Tylenol No. 3 tablets signed out by her for said patient." Petitioner also moved to amend paragraph 1(f) to read, "Wasting Demerol and failing to describe the reason for the wastage as required by hospital rules and regulations." Said motions to amend were granted without objection on the part of the Respondent. Respondent Deutsch admitted all of the allegations contained in the Administrative Complaint as amended. Petitioner then rested in view of the stipulated admissions to the allegations as amended. The Hearing Officer finds the Respondent guilty of the following accusations found in the Administrative Complaint filed June 13, 1979, pertaining to Respondent's employment at Variety Children's Hospital during November of 1978: Signing out for Demerol (Meperidine) for patients and failing to properly chart the administration of same; Signing out for Demerol on the narcotic control record and indicating times out of sequence with other entries on the record; Signing out for Tylenol No. 3 (with Codeine) a controlled substance, for a patient, George Melendez, and failing to properly chart the administration of same; On or about November 18, 1978, at approximately 4:00 a.m., signing out for two (2) tablets of Tylenol No. 3 for a patient, Robert Kemp, and failing to properly chart both tablets of Tylenol No. 3 signed out by her for said patient; "Wasting" Demerol and failing to describe the reason for the wastage as required by the hospital's rules and regulations; and Signing out for Demerol for a patient, Rhonda Haile, at an interval more frequent than ordered by the patient's physician The evidence showed as follows: That no physical damage or other damage to the patients resulted from the improper charting and failure to follow physicians' orders; That the violation occurred on or about November of 1978, and that no complaints have been filed against Respondent either prior to or following November of 1978; That the Respondent graduated from nursing school in 1975; That the Respondent is self-supporting, as she has separated from her husband and depends on nursing for her livelihood; That the Respondent has made an effort to rehabilitate herself by taking a medication course and by improving her charting; and That other mitigating factors include that the Respondent had never administered narcotics to children previously, and none of the supervisory personnel at her place of employment reviewed her charting with her but instead told her that "she was doing a good job." Both parties submitted proposed recommended orders. These instruments were considered in the writing of this order. To the extent the proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this order they have been specifically rejected as being irrelevant or not having been supported by the evidence.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Respondent, Wendy Laurie Entelis Deutsch, be reprimanded. DONE and ORDERED this 20th day of December, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Julius Finegold, Esquire 1107 Blackstone Building 233 East Bay Street Jacksonville, Florida 32202 Mary Ellen Shoemaker, Esquire Suite 504, Courthouse Square Building 200 Southeast Sixth Street Fort Lauderdale, Florida 33302 Geraldine B. Johnson, R. N. Board of Nursing 111 Coastline Drive East, Suite 504 Jacksonville, Florida 32202 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF NURSING DEPARTMENT OF PROFESSIONAL REGULATION, Petitioner, vs. CASE NO. 33148 DOAH CASE NO. 79-1745 WENDY L. DEUTSCH, Respondent. /
Findings Of Fact At all times relevant hereto, respondent, Mark L. Klugman, was licensed as an optometrist having been issued license number OP 1758 by petitioner, Department of Professional Regulation, Board of Optometry (Board). He currently resides at 16021 Villa Drive, Hudson, Florida. On or about August 15, 1987 respondent had an occasion to examine Sandra J. Dinkins for the purpose of diagnosing her eyes and to prescribe and furnish contact lenses. She had never previously warn contact lenses. Dinkins selected respondent at random from the telephone directory because his office was nearby and open on Saturdays. At that time, respondent had an office in Tampa, Florida. After being given contact lenses, and making a total of six office visits, Dinkins was unhappy with the lenses and eventually went to another optometrist. A complaint was later filed with the Board, and this culminated in the issuance of an administrative complaint charging respondent with incompetence, gross or repeated malpractice and violating a Board rule. Respondent requested a hearing to contest these charges. According to Dinkins, the contact lenses prescribed by Dr. Klugman caused "total blurriness" and "hurt her eyes." After Dinkins complained about this condition, respondent told her to "wear them for a week and come back." Because she could not see with the lenses, Dinkins was forced to take them out after the first day. On her next appointment, respondent ordered a new left lens. When this did not correct the problem, Dinkins complained again. Respondent told her to keep wearing them and return in a week. This process continued for several weeks until she gave up and went to another optometrist. By this time, Dr. Klugman had ordered another set of lens, but these were never dispensed since the patient did not return. Doctor Klugman suspected that Dinkins' problems were due to the type of lenses he had prescribed rather than the prescription. He acknowledged at hearing, however, that although his suspicion was "logical," it was not correct. He now agrees the patient needed a corrected prescription for astigmatism to resolve her problem. After Dinkins' complaint was filed with the Board, she was examined by a DPR consultant, Dr. John R. Walesby, who has been in the practice of optometry for over thirty years. Doctor Walesby found that respondent's prescription for Dinkins' left eye was in error by 1.00 diopter of cylinder. After obtaining a corrected prescription and new contact lenses, Dinkins' vision measurably improved although she acknowledged she still has a few problems with her left eye. By failing to properly diagnose her acuity, Dr. Walesby concluded that, while respondent exerted a considerable amount of time and effort in trying to fit the patient, he had failed to conform with the minimum standards of optometry in the community. By rule 21Q-3.007 the Board has mandated that, at a minimum, certain procedures be performed by an optometrist while conducting a visual analysis of a patient, and that evidence of the performance of these procedures be recorded on the patient's records. A copy of Dinkins' patient records has been received in evidence as petitioner's exhibit 1. While the Board's complaint charged that respondent violated the foregoing rule in seven respects, at hearing its expert conceded that he had overlooked or misinterpreted certain entries. While the record is less than a model of clarity as to which procedures were performed and recorded on the records, it is found that procedures regarding the family medical history, family ocular history, and visual field testing were not performed or recorded on the records and therefore such deficiencies constitute a violation of the rule. Respondent pointed out that Dinkins could only visit his office on Saturdays and this made reexaminations difficult. However, his principal defense is that the customer wanted a refund and he did not give one, and this prompted the complaint. According to Dr. Klugman, he would not give a refund because the final set of lenses ordered for Dinkins was nonexchangeable and he could not return them to the manufacturer. In addition, he offered various financial records to show that he is heavily burdened with college loans and credit card bills and did not have the financial ability to make a refund. Even so, this does not excuse respondent from complying with Board rules and statutory requirements.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty of violating Subsections 463.016(1)(g) and (h), Florida Statutes (1987), that he be fined $1000, and that his license be placed on probation for twelve months under such conditions as the Board may deem appropriate. The remaining charge should be dismissed. DONE and ORDERED this 23rd day of March, 1989 in Tallahassee, Florida. DONALD R. ALEXANDER 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 23rd day of March, 1989. APPENDIX Petitioner: Covered in finding of fact 1. Covered in finding of fact 2. Covered in finding of fact 6. Covered in finding of fact 4. Covered in finding of fact 3. Covered in finding of fact 5. 7-8. Covered in finding of fact 8 to the extent they are consistent with the evidence. Covered in finding of fact 9. Rejected as unnecessary. COPIES FURNISHED: Laura P. Gaffney, Esquire 130 North Monroe Street Tallahassee, Florida 32399-0750 Mark L. Klugman, O.D. 3611-49th Street North St. Petersburg, Florida 33710 Pat Guilford Executive Director Board of Optometry 130 North Monroe Street Tallahassee, Florida 32399-0750 Kenneth E. Easley, Esquire 130 North Monroe Street Tallahassee, Florida 32399-0750 =================================================================
The Issue Whether the applicant falsified her application for licensure as an employee-guard by failing to report her arrest and conviction of assault and battery contrary to provisions of Section 493.14(1)(a), Florida Statutes.
Findings Of Fact Susan Jones is an applicant for licensure as an employee-guard. On her application, Jones responded to question 13 on the application regarding whether she had ever been arrested, in the negative. She had been arrested in 1973 for assault and battery. She was subsequently convicted of assault and battery and fined Fifty ($50) Dollars. Jones has been employed since 1978 as a security agent, checking carry- on baggage at the Ft. Lauderdale airports. She is employed by Lincoln Associates. Subsequent to her employment it became necessary for her to obtain licensure as an employee-guard. Her apparent motivation in not revealing her earlier arrest for assault and battery was its adverse affect on her continued employment in the position which she had held for some time and the fact that she had been told by friends that she did not have to report misdemeanors which had occurred over five years prior to her application.
Recommendation Based upon the foregoing findings of fact, conclusions of law, and facts in mitigation, the Hearing Officer recommends that the licensure of Susan Jones as an employee-guard be issued by the Division of Licensing. DONE and ORDERED this 28th day of November, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of November, 1978. COPIES FURNISHED: Susan Jones 2601 South West 9th Street Ft. Lauderdale, Florida 33312 Gerald Curington, Esquire Secretary of State's Office Division of Licensing The Capitol Tallahassee, Florida 32304 Marvin Sirotowitz, Bureau Chief Division of Licensing The Capitol Tallahassee, Florida 32304
