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. /
The Issue The issue for determination in this proceeding is whether Respondent committed the acts alleged in the administrative complaint and, if so, what, if any, disciplinary action should be taken against Respondent's license.
Findings Of Fact Petitioner is the state licensing and regulatory agency charged with the responsibility to prosecute administrative complaints pursuant to the laws of the State of Florida. Respondent is now and has been at all times material to this proceeding a licensed physician in the state, holding license number ME 0028480. A Final Order was filed against Respondent in Department of Professional Regulation v. Roger Lopez, M.D., Department of Professional Regulation Case No. 0070692 on August 26, 1988. The Final Order was entered in accordance with the terms of a stipulation executed by Petitioner and Respondent. Respondent's license was suspended for six months, and Respondent was placed on probation from March 5, 1989, through March 4, 1994. Respondent was properly served a copy of the Final Order. Respondent was required by the terms of the Final Order to practice under the direct supervision of a physician approved by the Board of Medicine (the "Board") and to appear before the Probation Committee whenever requested to do so. Respondent violated the terms of the Final Order by failing to appear before the Probation Committee and by failing to name a monitoring physician to supervise him during his probation. By letter dated August 29, 1989, Respondent was requested by the Board to appear before the Probation Committee at its regularly scheduled meeting on September 20, 1989, and to submit a curriculum vitae for a proposed supervising physician. Respondent acknowledged the Board's request in a letter to Petitioner dated August 31, 1989. Respondent failed to appear before the Probation Committee and failed to designate a monitoring physician.
Recommendation Based upon the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that Petitioner should enter a Final Order finding Respondent guilty of the allegations in the Administrative Complaint, issuing a reprimand, imposing an administrative fine in the amount of $5,000, suspending Respondent's license until March 4, 1994, and requiring Respondent to demonstrate to the Board no later than March 4, 1994, his ability to practice medicine with the skill and safety required under applicable statutes and rules. DONE and ENTERED this 23rd day of October 1991, in Tallahassee, Leon County, Florida DANIEL MANRY 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 October, 1991.
