Findings Of Fact At all times material hereto, John L. Eifert (Respondent) was certified by the Criminal Justice Standards and Training Commission (Petitioner). Respondent was certified on July 17, 1981, being issued Certificate Number 74043. On or about June 14, 1984, Officer Goodwin of the Miami Beach Police Department (Miami Beach P.D.) was involved in an automobile accident. Officer Goodwin was off-duty at the time. The officers dispatched to the accident scene found, among other things, on the driver's side of Officer Goodwin's vehicle, evidence bags from the Miami Beach P.D. and a clear plastic bag. The evidence bags were clearly marked as Miami Beach P.D. evidence bags. The clear bag and one of the evidence bags contained a white substance that the officers suspected was cocaine. Officer Goodwin was arrested for driving under the influence of alcoholic beverages and/or narcotics. All the bags found in Officer Goodwin's vehicle at the accident scene were seized and placed into evidence. The white substance in the bags was subsequently tested. The tests revealed that the white substance was cocaine. The cocaine found in Officer Goodwin's vehicle was the same cocaine that he had seized in a narcotic's case. He had obtained the cocaine from the evidence room under false pretenses, indicating that he was going to testify in court and needed the cocaine for his testimony. There was no court hearing. Officer Goodwin obtained the cocaine for his own personal use; he intended to consume the cocaine himself. Officer Goodwin was Respondent's fellow officer with the Miami Beach P.D. and friend. They had gone through the police academy together in 1981, and they were motorcycle officers together. Prior to the accident, at approximately 9:30 a.m. on June 14, 1984, Officer Goodwin had visited Respondent at Respondent's off-duty job. Respondent was moonlighting as a security guard at a bank. Officer Goodwin had been ingesting cocaine prior to the visit, had not slept in approximately 24 hours, and was paranoid. Officer Goodwin wanted to use Respondent's residence to consume more cocaine. Because of his paranoid behavior and because he was a friend, Respondent agreed for Officer Goodwin to go to his residence and convinced Officer Goodwin to wait for him there. When Officer Goodwin arrived at Respondent's residence, he continued to ingest cocaine. Also, he placed some of the cocaine in individual plastic bags. Officer Goodwin hid the cocaine filled plastic bags in Respondent's residence. When Respondent came to his residence at approximately 4:45 p.m. that same day, he found Officer Goodwin more paranoid than before. Officer Goodwin refused to remain at Respondent's residence and left shortly before 5:00 p.m. Before leaving, Respondent agreed for Officer Goodwin to leave the cocaine filled plastic bags in his residence. Officer Goodwin informed Respondent where he had hid the bags. Respondent located the cocaine filled bags. Without getting any sleep, Respondent continued with his social activities planned for the remainder of the evening. At approximately 10:00 p.m., Respondent went to his second moonlighting job. On June 15, 1984, around 3:30 a.m., Officer Goodwin called Respondent at his second moonlighting job. Officer Goodwin informed Respondent that he had been arrested and requested that Respondent dispose of the cocaine and told him where to leave it. Unbeknownst to Respondent, Officer Goodwin was calling from police headquarters and was attempting to return the remaining cocaine to the Miami Beach P.D. Instead of following Officer Goodwin's instructions, Respondent went home around 3:50 a.m. and disposed of the cocaine by dumping it into the bay behind his residence. Respondent believed that he was helping Officer Goodwin, a friend. Subsequently, around 6:00 a.m., Respondent received another telephone call from Officer Goodwin. Respondent informed him what he had done with the cocaine. Officer Goodwin was upset about what Respondent had done. Goodwin admitted at hearing that, due to the quantity of cocaine that he had ingested, beginning June 13, 1984, and continuing into June 14, 1984, he had very little independent recollection of what happened that day. His information, as to what happened that day, is mostly from reading his statements that he had made regarding the incident, police reports, and transcripts of depositions. Further, Goodwin also admits that his recall prior to going to Respondent's residence is fair. Officer Goodwin entered into a plea agreement regarding the accident and the cocaine. The plea agreement provided, among other things, that he give testimony, regarding the incident, forever in whatever the forum may be and that he relinquish his certification from Petitioner. Presently, Goodwin is in charge of a drug treatment center for Metro- Dade County. He has been in this position for five years. In June 1984, Respondent resigned from the Miami Beach P.D. Consistent with the policy of the Miami Beach P.D. at that time, no investigation was instituted against Respondent by Internal Affairs of the Metro-Dade Police Department due to his resignation. Respondent does not deny that he permitted Goodwin to take the cocaine to his residence, that he permitted Goodwin to leave some of the cocaine at his residence, and that Goodwin left some of the cocaine at his residence. Furthermore, Respondent does not deny that the cocaine remained at his residence after Goodwin left and that he disposed of the cocaine by dumping it into the bay. At the time of his resignation, Respondent and the Miami Beach P.D. agreed that, whenever inquiries were made regarding Respondent, the Miami Beach P.D. would make neither negative nor positive comments about Respondent. The intent of this agreement was to allow Respondent to keep his record clean. However, the reverse occurred. He was effectively prevented from getting jobs in law enforcement. Subsequently, Respondent and the Miami Beach P.D. agreed to full disclosure regarding Respondent and the cocaine incident. In 1987, Respondent began to obtain employment in law enforcement. From September 1987 to January 1989, Respondent was employed as a police officer with the Indian Creek Village Police Department. From February 1989 to May 1989, he was employed as a police officer with the Florida City Police Department. Respondent resigned from both positions. In January 1990, Respondent was rehired by the Florida City Police Department (Florida City P.D.). At the time of hearing, he was still employed with the Florida City P.D. Respondent's personnel file reflects that, during his tenure as a police officer, Respondent has had one reprimand. The reprimand occurred after his resignation from the Miami Beach P.D. However, Respondent's personnel file also reflects that, during his tenure as a police officer, Respondent has had numerous commendations and letters commending his performance. He has been subjected to pressure and dangerous encounters and has performed in an exemplary manner. At hearing, several individuals, law enforcement and non-law enforcement, supported Respondent either through testimony or letters. Respondent's former pastor and the Mayor of the City of Florida City testified in support of him. Both regarded Respondent as having high moral character. Moreover, the Mayor's position was that the incident in June 1984 would have no effect on his opinion of Respondent. Additionally, the former Police Chief of the City of Miami Beach at the time of the incident in June 1984 did not find it odd or unusual for Respondent to still be in law enforcement. To him, Respondent had made a mistake, paid for the mistake, and had turned his life around. By letter, Respondent's immediate supervisor of five years with the Florida City P.D. supported him. Also, a special agent with the Florida East Coast Railway Police, who has known Respondent both personally and professionally for approximately nine years, supported Respondent. Petitioner filed the administrative complaint against Respondent on August 9, 1993. Respondent has no prior disciplinary action against him by Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order Reprimanding Respondent; and Placing Respondent on probation for one (1) year under terms and conditions that the Commission deems appropriate. DONE AND ENTERED in this 2nd day of January, 1997 in Tallahassee, Leon County, Florida. ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of January, 1997. COPIES FURNISHED: Richard D. Courtemanche, Jr. Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Braverman, Esquire Braverman and Grossman, P.A. 2780 Douglas Road, Suite 300 Miami, Florida 33133-2749 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact The Respondent, Gertrude Delman Levin, R. N., holds License No. 71014-2 as a registered nurse in the State of Florida. She has practiced her profession as an employee of Bethesda Memorial Hospital in Boynton Beach, Florida, Cypress Community Hospital in Pompano Beach, Florida, and North Medical Center, Inc. in Fort Lauderdale, Florida, during the time pertinent to this hearing. On January 9, 1979, an administrative complaint was issued by the Petitioner Board seeking to place on probation, suspend, or revoke the license of Respondent Levin for alleged unprofessional conduct during the course of her employment at the foregoing medical centers. Respondent requested an administrative hearing on April 9, 1979, and her request was forwarded by the Petitioner Board to the Division of Administrative Hearings on April 13, 1979. An administrative hearing was scheduled for July 18, 1979, in Fort Lauderdale, Florida, by Notice of Hearing dated April 26, 1979. The hearing was continued upon Motion of the Respondent, and rescheduled and heard July 31, 1979. The Transcript of Proceedings was received September 6, 1979. After the hearing was called to order, the Respondent admitted the following allegations of the Administrative Complaint: On or about March 5, 1977, while on duty as a registered nurse at Bethesda Memorial Hospital, Boynton Beach, Florida, Respondent administered a controlled narcotic, to-wit: Morphine Sulphate, intravenously twice to a patient named Gladys Sargent, at approximately 1:15 a.m. and again at approximately 2:10 a.m., contrary to the physician's order which directed that the patient be given Demerol (Meperedine) 50 mg. and Vistaril 25 mg. I.M. every three hours, and failed to chart the administration of same on the medication administration record. On or about March 29, 1977, while on duty at Bethesda Memorial Hospital, Respondent charted on the medication record as having omitted to administer a heart medication, to-wit: Pronestyl Intramuscular to a patient, Phillip Bialer, at 12:00 midnight and 6:00 a.m., and charted in the Nurses Notes that the 6:00 a.m. dose was not given since the patient was unable to swallow, even though the medication was to be administered intramuscularly and not be mouth. The 12:00 midnight dose was charted in the Nurses Notes as having been given without difficulty. On or about May 13, 1977, while on duty as above, Respondent signed out for a prescription drug, to-wit: Talwin for a patient, Mable Larkin, for whom there was no physician's order for said medication. Respondent failed to chart the disposition of said Talwin on either the medication administration record or Nurses Notes. In view of the above medication errors, Respondent was terminated from her employment at Bethesda Memorial Hospital. During the month of April, 1978, while on duty as a registered nurse at Cypress Community Hospital, Pompano Beach, Florida, Respondent committed numerous medication and charting errors with respect to the controlled substance, Demerol (Meperidine), including but not limited to: (g) Signing out on the narcotic control record on April 1, 1978, at 12:30 p.m. for Meperidine 75 mg. for a patient, Lillian Sederquist, when the patient's physician's order called for only 50 mg. of Meperidine, charting on the patient's medication administration record as having administered 50 mg. to the patient and failing to account for the excess. Immediately after the foregoing admissions by Respondent, the Petitioner dropped Allegation 8 of the Administrative Complaint. In reference to the foregoing admitted Allegations 1, 2, 3 and 4, Respondent submitted documentation to show mitigating circumstances. The documentation proported to show that during the period of time from March of 1977, through May of 1977, the Respondent had advised her supervisor at Bethesda Memorial Hospital that she was under medication for an injury and that she was under stress because of her divorce, care of a small child, and other personal problems. Respondent admitted Allegation 5 (g) of the foregoing Administrative Complaint in reference to her work at Cypress Community Hospital. She did not admit "numerous" errors. From evidence and testimony relating to physician's orders, I find that: Respondent Levin signed out the narcotic, Demerol, for a patient, Benjamin Arber, at a time when the physician's order of March 23, 1978, had not been renewed. On April 6, 1978, Respondent signed out the narcotic, Demerol, for a patient, Lillian Sederquist, on then narcotic control record without a physician's orders. On April 25, 1978, Respondent signed out for 50 mg. of Demerol for a patient, Vivian Albapo. No time was indicated, and there were no physician's orders in affect at the time for 50 mg. The order was for 75 mg. of Demerol. On April 6, 1978, there were no physician's orders in effect for Meperidine for patient Sederquist, but Respondent signed out 75 mg. of Meperidine for her at 2:00 o'clock p.m. The medication was not charted on the medication administration record of the patient, and no such entry was made in the nurses notes. On April 7, 1978, Respondent signed out for 75 mg. of Meperidine at 7:00, 8:00 and 11:00 o'clock, but there were no physician's orders in effect. On the PRN record 7:00 o'clock a.m. was written over and 8:00 o'clock a.m. and 3:00 o'clock p.m. noted, but there was no notation for 11:00 o'clock a.m. The nurses notes related to Sederquist do not mention 7:00 or 11:00 o'clock a.m. On April 12, 1978, Respondent Levin signed out twice for narcotics for patient Sederquist without physician's orders and without reflecting the administration of medication to the patient. On April 13, 1978, there was a total of 75 mg. of Meperidine signed out for patient Sederquist, but there were no physician's orders. There was a medical record, but there was no notation in the nurses notes. On April 15 and 17,1978, there was a sign-out at 9:00 o'clock for Meperidine 75 mg., but there were no physician's orders in effect. There was a medication record for April 15, but none for April 17, and there was no notation in the nurses notes. A discharge order for patient Sederquist was written for April 15, 1978, and the nurses notes showed discharge via wheelchair to husband's care at 12:30 p.m. Respondent Levin had signed out for 75 mg. of Meperidine at 12:00 o'clock noon on April 15, 1978, without physician's orders. From evidence relating to wasting, charting and nurses notes, I find that: Respondent signed out for Demerol 75 mg. for a patient, Vivian Sederquist, on April 2, 1978, but it was not administered and was not shown to have been wasted. Respondent signed out for 10 mg. of Morphine on April 7, 1978, and stated it was wasted on the record, but such wastage notation was not co-signed as required. Respondent signed out for 75 mg. of Meperidine for a patient, Carmody, on April 15, 1978, and indicated that the narcotic had been wasted, but there was no indication of a co-signing witness. On April 19, 1978, Respondent signed out for 100 mg. of Demerol for a patient, Bosch, and indicated wastage, but there was no co-signature. On April 20, 1978, Respondent signed out for 100 mg. of Demerol for a patient, Lowery, and indicated that 25 mg. had been wasted, but there was no co-signee. On the same date Respondent signed out 50 mg. of Demerol for patient Bosch and indicated a contaminated needle, but there was no cc-signature. On April 21, 1978, Respondent Levin signed out for 75 mg. of Demerol and indicated a contamination, but there was no co-signature. On April 24, 1978, 50 mg. of Demerol was signed out for a patient, Jones, and 25 mg. was indicated as wasted, but there was no co-signature. On that same day and hour 50 mg. of Demerol was signed out by Respondent and 25 mg. indicated as wasted, but there was no co-signature. On May 25, 1978, 2 mg. of Dilaudid was ordered for a patient, Hollinger, but was charted for 3 mg. by Respondent Levin, and there were no nurses notes. On May 26, 1978, at 3:00 o'clock p.m. there was a sign-out for Dilaudid for patient Hollinger by the Respondent, but the nurses notes show the patient was medicated for pain at 2:45 p.m. On May 29, 1978, there was a sign-out for medication for patient Hollinger at 10:30 a.m., but the medication administration record shows 9:30 a.m. On May 30, 1978, Respondent signed out for Dilaudid for patient Hollinger at 9:00 o'clock a.m., but it was not charted on the medication administration record, and there was nothing in the nurses notes. May 18, 1978, there was a sign-out by Respondent Levin for Leritene at 11:30 a.m. for a patient, Kraus, but there is nothing on the patient's medication record or in the nurses notes relative to such drug. On May 19, 22, 24 and 25, 1978, there were sign-outs for Leritene by Respondent, but nothing was noted to this effect on the medication administration record or in the nurses notes kept by Respondent Levin. Hospital policy and good nursing practice require that no narcotics be signed out by a nurse without a physician's order effective at that time. Medication given to a patient by a nurse must be charted by that same nurse. "Wasted" narcotics must be accounted for by the nurse who signs out the drug, and the record of wasted narcotics must be witnessed by another nurse. Nurses notes should be kept by the nurse. There was testimony that at infrequent times the foregoing general hospital policy and good nursing practices were violated, but any such violations are at the peril of the nurse. From the testimony of employee witnesses at the hospitals in which Respondent was employed, it appeared that the hospitals were understaffed during the periods Respondent was employed. Narcotic control and medical records from Bethesda Memorial Hospital, Cypress Community Hospital, North Beach Medical Center and Boca Raton Community Hospital were verified, and copies were placed in evidence. The Incident report from Boca Raton Community Hospital was satisfactorily explained. Respondent Levin submitted a brief and entitled Sections 3 through 7 "Proposed Findings of Fact." There was no memorandum of law or proposed order from the Petitioner Board. The instrument from Respondent was 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 license of Respondent Levin be suspended for a period of not more than two (2) years and until she can show rehabilitation to the satisfaction of the Petitioner Board. DONE and ORDERED this 12th day of October, 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 Robert C. Kain, Jr., Esquire Legal Aid Service of Broward County, Inc. 609 South Andrews Avenue Fort Lauderdale, Florida 33301 Geraldine B. Johnson, R. N. State Board of Nursing Ill Coastline Drive East, Suite 504 Jacksonville, Florida 32202
The Issue The central issue in this case is whether Petitioner abandoned his position and thereby resigned his career service at South Florida State Hospital
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact: Mark Jenkins was a career service employee at South Florida State Hospital assigned to the living and learning unit commonly known as the Polk ward. Mr. Jenkins' responsibilities as a UTR-Specialist included the day-to-day management of mentally ill or retarded clients who were unmedicated and considered aggressive. Employees in this unit attempted to train the clients to eat, bathe, and function with some independence. On January 25, 1987, Petitioner requested annual leave for the period from March 17, 1987, through April 4, 1987. The purpose of this request was to allow Petitioner adequate time to participate in his school's annual chorale tour. Petitioner was a scholarship soloist with the chorale and, as such, he was required to make the tour. Petitioner was a full-time college student pursuing a B.S. in psychology. In the past, Petitioner's requests for leave to accommodate his school schedule had been granted. However, for the request made January 25, 1987, no formal response was given. On January 12, 1987, Petitioner was notified that conflicts between school requirements and job responsibilities would have to be resolved. Petitioner was advised that he would not be allowed to take leave time for singing activities unless the hospital were assured of adequate unit coverage. Petitioner had received twenty-five leave days for the period March 7, 1986, through March 30, 1987, which was considered excessive by the personnel director, Barbara Nickels. Richard Duncan was the schedule coordinator for the Polk ward. It was his responsibility to review the leave requests and to determine whether or not leave could be approved. Duncan determined there was inadequate unit coverage to allow Petitioner to take the leave requested. Duncan did not notify Petitioner that the leave was not approved. It was Duncan's practice to approve leave in writing. He would prepare the unit schedule, in advance, to reflect an approval. Petitioner did not receive an approval and the unit schedule did not reflect Petitioner's leave request had been granted. Petitioner did not report to work, as scheduled, for the period he had requested leave. Petitioner did not call in during that time as he was on tour with the school chorale.
Findings Of Fact Petitioner, Leonard W. Sweeting (Sweating), was employed full time by Respondent, Department of Health and Rehabilitative Services (Department), as a licensed practical nurse (LPN), at South Florida State Hospital. The evidence establishes that Sweeting was absent without authorized leave on three consecutive workdays, to wit: April 8-10, 1985. At no time did Sweeting notify the Department of his intention not to appear for work on those dates. By certified letter dated April 11, 1985, return receipt requested, Sweeting was advised that his absence from work since April 5, 1985 was unauthorized and that, pursuant to Rule 22A-7.10(2), F.A.C., he was deemed to have abandoned his position and resigned from the Career Service. The letter further advised Sweeting of his right to petition the Department of Administration for a review of the facts, and whether they constitute abandonment. By letter dated April 13, 1985, and filed April 23, 1985, Sweeting timely petitioned the Department of Administration for review. On June 5, 1985, the Department of Administration accepted Sweeting's petition and requested the assignment of a Hearing Officer from the Division of Administrative Hearings to conduct the final hearing. Sweeting asserts that events predating his absence from work are pertinent to the issue of abandonment. The evidence establishes that on April 1, 1985 Sweeting's supervisor, Ms. Rotton, requested a copy of his current nursing license. Sweeting professed his inability to produce it, since he had not yet received it in the mail. Sweeting failed to produce his current license through April 4, 1985, or, alternatively, any evidence that he had applied for it. Finally, on April 4, 1985, Ms. Rotton advised Sweeting to produce proof of his application for licensure on April 5, 1985, or he would be unable to perform LPN duties at the hospital. Sweeting called in "sick" April 5, 1985, and did not report for work. April 6-7, 1985 were Sweeting's normal days off. By letter dated April 5, 1985 the personnel director advised Sweeting: Please be advised that your LPN license expired on March 31, 1985. You must submit proof of renewal by April 10, 1985 to Ms. Marge Rotton, Nurse Supervisor III. Failure to do so will result in your inability to continue to perform LPN duties at South Florida State Hospital and be subject to appropriate disciplinary action. From now until April 10, you will not be allowed to perform duties which require licensing. Should you have any questions, please contact Alice Tiscell, 983-4321, extension 2051. Sweeting did not contact Ms. Tisdell, or any other person at South Florida State Hospital. Sweeting initially assertec that the events of April 1- 4, 1985 were pertinent because he was told by Ms. Rotton that without his license he could not work. If Ms. Rotton had so advised Sweeting, his absence would have been authorized. However, Sweeting concedes he was advised that he would not be permitted to perform LPN duties, and that alternative duties would be assigned. Accordingly, the events of April 1-4, 1985 are not pertinent, and afford no justification for Sweeting's absence April 8-10, 1985.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Administration enter a Final Order that: Petitioner, Leonard W. Sweeting, abandoned his position and resigned from the Career Service. Dismisses the petition of Leonard W. Sweeting with prejudice. DONE AND ENTERED this 19th day of July, 1985, at Tallahassee, Florida. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 19th day of July, 1985. COPIES FURNISHED: Leonard W. Sweeting 19574 N.W. 32nd Court Carol City, Florida 33056 Marc Gold, Esq. South Florida State Hospital 1000 S.W. 84th Avenue Hollywood, Florida 33025-1499 Richard L. Kopel, Esq. Deputy General Counsel Department of Administration 435 Carlton Building Tallahassee, Florida 32301 Gilda Lambert, Secretary - Department of Administration Carlton Building Tallahassee, Florida 32301 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1321 Winewood Boulevard Tallahassee, Florida 32301 STATE OF FLORIDA DEPARTMENT OF ADMINISTRATION LEONARD W SWEETING Petitioner, DOA Case No. AB-85-9 DOAH Case No 85-1834 DEPARTMENT OF HEALTH AND. REHABILITATIVE SERVICES (South Florida State Hospital), Respondent. /
