The Issue The issue is whether respondent's license as a practical nurse should be disciplined for the reasons cited in the administrative complaint.
Findings Of Fact Based upon the entire record, the following findings of fact are determined: Background At all times relevant hereto, respondent, Lorrie Neumann Dupuis (Dupuis or respondent), was licensed as a practical nurse and held license number PN 0766491 issued by petitioner, Department of Professional Regulation, Board of Nursing (Board). When the events herein occurred in 1990, respondent was known as Lorrie Neumann. She has since changed her name to Lorrie Neumann Dupuis. Counts I and II At hearing respondent admitted that the charges in Counts I and II are true. The admitted allegations which underpin these counts are briefly as follows. On July 23, 1990, respondent applied for employment with Upjohn Health Services (Upjohn). On her application, Dupuis indicated that she was a registered nurse when in fact she was a licensed practical nurse. In addition, respondent submitted to Upjohn an altered nursing license which had been changed to indicate the designation "RN" and title "Registered Professional Nurse". Finally, respondent gave Upjohn a resume indicating the designation "RN" after her name. Accordingly, it is found that respondent (a) engaged in unprofessional conduct by improperly using the name or title Registered Nurse and (b) knowingly violated a statutory provision that prohibits any person from assuming the title of registered nurse or using the abbreviation "R.N." without being so licensed. There is no evidence, and the Board has not alleged, that any unlawful practice as a registered nurse occurred as the result of the application nor that respondent was subjected to criminal prosecution for this act. Count III Respondent is charged in Count III with "making or filing a false report or record which the licensee knows to be false". This charge stems from a factual allegation that, while employed by Consolidated Staffing Services (CSS), respondent altered a time verification form by increasing the number of hours she had allegedly worked on July 26, 1990, from four to nine. Respondent was employed as a licensed practical nurse (LPN) by CSS from April through July 1990. CSS, which is a for-profit division of St. Vincent's Hospital in Jacksonville, has agreements with various clients in the Jacksonville area to supply nurses to the clients on a supplemental staff basis. One such agreement was with the Jacksonville Naval Air Station (NAS) and called for CSS to furnish nurses to the NAS emergency room. During her tenure with CSS, respondent worked on various occasions as a LPN at the NAS emergency room. On Tuesday, July 24, 1990, Dupuis worked an eight hour shift at the NAS. Based on erroneous advice received from a CSS employee, respondent was under the impression she was to work again at the NAS on Thursday morning, July She accordingly reported to duty that day at 6:45 a.m. However, Dupuis was not actually scheduled to work that day since the emergency room already had a full complement of nurses on duty. After realizing that the emergency room had more persons on duty than was customary, the emergency room nursing manager contacted CSS and verified that respondent was not scheduled to work that day. Accordingly, around 10:45 a.m., the manager advised respondent that she must leave but that she would be paid for the four hours she had worked that morning. Just before leaving the premises, respondent filled out a CSS time verification form. The form is made up of four pages, an original and three copies, and the CSS nurse is instructed to leave one copy with the client, retain one copy for herself, and to return the original and one copy to CSS offices. On the form, respondent noted she had worked from 6:45 a.m. to 10:45 a.m., or a total of four hours. After she departed the NAS, respondent noted that the time sheet reflected a date of July 25 when in fact the correct date was July 26. She accordingly altered the three copies of the form still in her possession to reflect the correct date. The copy left with the NAS still carries the incorrect date of July 25. In accordance with her normal procedure, respondent accumulated her time verification forms from the week and turned them all in at one time to CSS on Sunday afternoon, July 29. She did so by placing them in an envelope and sliding the envelope under the locked doors of CSS's offices. Such a procedure was acceptable with her employer. When the envelope was opened by CSS the next day and sent to accounting for computation of pay, CSS personnel noted that on respondent's July 26 time verification form the number "4" had been altered to read "9" so that it appeared respondent had worked nine hours at the NAS. Also, the "time finished" column, which is the time Dupuis finished her stint of duty, reflected that "10:45" had been altered to read "15:45", which is the military time for 3:45 p.m. CSS then had the NAS fax its copy of the form to CSS. This form had not been altered and correctly reflected that Dupuis worked only four hours. When Dupuis would not agree to meet with CSS management to discuss the altered form, respondent was terminated from employment and the matter was turned over to the Board. Except for changing the date on the form from July 25 to July 26, respondent denied that she had altered any other numbers. She suggested at hearing that someone at CSS may have altered the copies after she turned them in on Sunday, July 29. She also suggested that the nurse manager at the NAS emergency room disliked her and may have set her up. However, these contentions are not deemed to be credible. Accordingly, it is found that respondent made a report which she knew to be false. Mitigation There is no evidence that respondent has ever been disciplined by the Board. In addition, there is no evidence that her actions endangered the public or resulted in actual damages of any nature, or that she engaged in any other similar misconduct. Finally, there are no complaints of record regarding the quality of work performed by respondent as a LPN.
Recommendation Based upon the foregoing findings of facts and conclusions of law, it is recommended that respondent be found guilty of violating Subsections 464.018(1)(f),(h), and (l), Florida Statutes (1989), and that her nursing license be suspended for thirty days. RECOMMENDED this 26th day of September, 1991, 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 26th day of September, 1991. COPIES FURNISHED: Tracey S. Hartman, Esquire 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Lorrie Neumann Dupuis 4156 Piney Branch Court Jacksonville, FL 32257 Jack L. McRay, Esquire 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Judie Ritter, Executive Director Board of Nursing 504 Daniel Building 111 East Coastline Drive Jacksonville, FL 32202
The Issue The issue to be resolved in this proceeding concerns whether disciplinary action should be taken against Respondent's nursing license based on an alleged violation of Section 464.018(1)(h), Florida Statutes.
Findings Of Fact Respondent, Gregory Norton, is a licensed registered nurse in the State of Florida holding License No. RN 2219032. On December 5, 2001, M.E. presented at Wolfson Children’s Hospital with complaints of pneumonia and fever and was admitted for treatment. M.E. had been previously diagnosed with sickle cell disease prior to his admission to the hospital. Respondent was not working at Wolfson Children’s Hospital on December 5, 2001. In compliance with his duties at Wolfson Children’s Hospital, Respondent performed a full assessment on M.E. on December 6, 2001. M.E. was discharged from the hospital on December 7, 2001. Again, Respondent was not working at Wolfson Children’s Hospital on December 7, 2001. At the final hearing, M.E. stated under oath that he had no recollection of any events at Wolfson Children’s Hospital on December 6, 2001, the only date alleged in the Administrative Complaint. Specifically, M.E. testified that he did not remember any examination by or discussion with Respondent on December 6, 2001. On December 6, 2001, M.E., in R.A.’s presence, denied to Kip Deckerhoff that Respondent had engaged in any inappropriate conduct during his examination. M.E.’s denial is confirmed by sworn testimony provided by both R.A. and Kip Deckerhoff, the nurse manager of M.E.’s floor at Wolfson Children’s Hospital. R.A. has no personal knowledge regarding Respondent's examination of her son, M.E. Worthlyn White, an expert witness presented by Petitioner, has no current clinical nursing role or consulting contracts with any other employers at this time. White has a contract/fee agreement with Petitioner to serve as an expert witness. This is the only Florida case in which White has offered an expert opinion. Before she became a consultant for Petitioner, White worked at the facility, Express Care, where she rarely saw pediatric sickle cell patients. Her primary area of certification is neonatal nursing. A neonate is a newborn child up to 28 days of age. Teenagers are not classified as neonates. At the final hearing, White conceded that according to Stedman’s Medical Dictionary for the Health Professional, perineum is defined as the area between the thighs extending from the coccyx to the pubis and lying below the pelvic diaphragm and, accordingly, Respondent's care and examination of M.E.’s perineum was appropriate. Respondent’s total examination of M.E. was within the standard of care and Respondent's femoral pulse check on M.E. was not below the standard of care. Respondent testified regarding his treatment of M.E. on December 6, 2001. Respondent has worked clinically at Wolfson Children’s Hospital for 20 years. He has practiced as a registered nurse in the State of Florida for 12 years. There has never been an investigation of Respondent’s license prior to Petitioner’s allegations in this case. Respondent testified that he performed a required physical examination on M.E on December 6, 2001. When asked his personal opinion on the standard of care, Respondent testified that his treatment of M.E. on December 6, 2001, was appropriate. Cynthia Gerdik, an expert in the area of pediatric nursing, has practiced as a registered nurse for 30 years. She is currently the nurse manager of Pediatric Services at Shands Jacksonville and the manager of the only sickle cell clinic in North Florida. Testimony of Gerdik establishes that Respondent's full head-to-toe assessment on M.E., including an examination of all body systems was within the standard of care. Further, it was within the standard of care for Respondent to perform a femoral pulse check and assess M.E.’s perineum. None of Respondent's actions, pertaining to the treatment of M.E. on December 6, 2001, fell below the standard of care.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED That a final order be entered dismissing the complaint against Respondent Gregory Norton. DONE AND ENTERED this 14th day of February, 2003, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of February, 2003. COPIES FURNISHED: Amy M. Pietrodangelo, Esquire Michael T. Flurry, Esquire Department of Health Bureau of Health Care Practitioner Regulation - Legal 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Harvey L. Jay, Esquire Erica Vitsky, Esquire Saalfield, Coulson, Shad & Jay, P.A. 1000 First Union Tower 225 Water Street Jacksonville, Florida 32202-4458 Dan Coble, Executive Director Board of Nursing Department of Health 4052 Bald Cypress Way, Bin C02 Tallahassee, Florida 32399-3252 R.S. Power, Agency Clerk Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1701
The Issue The issue is whether Respondent's license as a practical nurse should be disciplined for the reasons given in the Administrative Complaint filed on October 26, 1998.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: In this disciplinary action, Petitioner, Department of Health, Board of Nursing (Board), seeks to impose penal sanctions on the license of Respondent, Gary Matthew Davis, a licensed practical nurse, on the ground that he twice entered a plea of no contest to a crime related to the practice or the ability to practice nursing. In his Election of Rights Form filed with the Board, Respondent disputed various allegations in the complaint and requested a formal hearing. Respondent is subject to the regulatory jurisdiction of the Board, having been issued license no. 1265761 by endorsement on March 12, 1997. As of June 1999, the license was active. Petitioner's Composite Exhibit 3 establishes that on October 9, 1997, Respondent was arrested in Duval County, Florida, for purchasing marijuana from an undercover sheriff's officer, a felony. On December 8, 1997, the charge was reduced to possession of less than 20 grams of marijuana, a misdemeanor. Although the Administrative Complaint alleges that on the same date Respondent entered a plea of no contest to the misdemeanor charge, perhaps through inadvertence, the records offered into evidence do not substantiate this charge. Petitioner's Composite Exhibit 2 establishes that on October 24, 1997, Respondent was again arrested for possession of marijuana and carrying a concealed weapon in his automobile. On January 22, 1998, Respondent entered a plea of no contest to one count of possession of less than 20 grams of marijuana, a misdemeanor. The firearms charge was dropped. He was adjudicated guilty and sentenced to serve 2 days in jail and pay court costs. He also forfeited the concealed weapon. Despite the lack of expert testimony on this issue, it is fair to infer that the use of a drug such as marijuana could impair the ability of a nurse to practice his profession, and thus the crime to which Respondent pled guilty related to his ability to safely practice nursing. A representative of Respondent's former employer, Melissa Kurz (Kurz), gave lay testimony at hearing and established that Respondent was working as a licensed practical nurse at Maxim Home Healthcare Services in the fall of 1997. His sole responsibility was giving flu shots to patients. After Respondent's arrest, he was dismissed from employment and referred to a substance abuse program by his employer. However, Respondent refused to enter the program. Given his refusal to participate in that program, and the fact that Respondent was in possession of a controlled substance, Kurz expressed concern about Respondent's ability to continue practicing as a nurse at her facility. In terms of mitigation, there is no evidence that Respondent has ever been disciplined by the Board on any prior occasion. There is also no evidence that his use of drugs caused harm to any patient. As aggravating circumstances, the evidence shows that while Respondent was convicted of possession of a controlled substance on only one occasion, he was arrested for the same offense twice within a one-month period. Also, Respondent failed to make any effort to rehabilitate himself by refusing to attend substance abuse classes, as directed by his employer. Finally, Respondent had been licensed as a professional for less than one year when these events occurred.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Nursing enter a final order finding that Respondent violated Sections 464.108(1)(c) and (i), Florida Statutes (1997), on one occasion, and that his license should be suspended for one year, to be followed by a period of probation (and conditions) to be determined by the Board. The remaining charge should be dismissed. DONE AND ENTERED this 19th day of October, 1999, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of October, 1999. COPIES FURNISHED: Ruth Stiehl, Executive Director Board of Nursing 4080 Woodcock Drive, Suite 202 Jacksonville, Florida 32207 Howard M. Bernstein, Esquire Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 Gary Matthew Davis 822 Vernon Street Fernandina Beach, Florida 32034 Angela T. Hall, Agency Clerk Department of Health 2020 Capital Circle, Southeast, Bin A02 Tallahassee, Florida 32399-1703 J. Hardin Peterson, III, General Counsel Department of Health 2020 Capital Circle, Southeast, Bin A02 Tallahassee, Florida 32399-1701
Findings Of Fact Based upon the Stipulation and Joint Petition, the undersigned makes the following findings of fact: Rebecca Rivera and Hector Rivera (“Petitioners”) are the parents and legal guardians of Everleigh Rivera (“Everleigh”) and are the “claimants,” as defined in section 766.302(3), Florida Statutes. Everleigh suffered a “birth-related neurological injury” (“Injury”), as defined in section 766.302(2), on or about February 16, 2018. The Injury solely and proximately caused Everleigh’s current medical condition. At birth, Everleigh weighed 3400 grams. Steven Dukes, M.D., rendered obstetrical services in the delivery of Everleigh and, at all material times, was a “participating physician,” as defined in section 766.302(7). Adventist Health System/Sunbelt, Inc., d/b/a Winter Park Memorial Hospital (“Advent Health Winter Park”), located in Orlando, Florida, is the “hospital,” as defined in section 766.302(6), where Everleigh was born. On November 22, 2019, Petitioners filed a petition seeking compensation from the Florida Birth-Related Neurological Injury Compensation Association (“NICA”), pursuant to section 766.305, Florida Statutes. The Petition is incorporated herein by reference in its entirety, including all attachments. Any reference to NICA made within that document encompasses, where appropriate, the Florida Birth-Related Neurological Injury Compensation Plan (“Plan”). 1 All references to the Florida Statutes are to the 2017 version. The relevant provisions of chapter 766 have not been amended in any way material to this proceeding since 2017.
The Issue Whether Respondent violated Sections 456.072(1)(k) and 464.204(1)(b), Florida Statutes (2001), and, if so, what penalty should be imposed.
Findings Of Fact Effective July 1, 1997, Petitioner is the state agency charged with regulating the responsibility for regulation and discipline of the nursing practice within the State of Florida. Respondent is a certified nursing assistant (CNA) holding Florida nursing certificate number CX 0993266675590. In December 2001, Respondent was employed as a CNA at Beverly Health Care, now known as Seacrest Health Care of Largo. Patient F.K. was a dementia patient in her advanced years and was not coherent or responsive. She was a total care patient, which required staff to perform all activities of daily living for her, such as mouth care, showers, feeding, dressing, bathing, and getting her into and out of bed. Patient F.K. did not speak, but did have a tendency to hum loudly and continuously. On December 20, 2001, Respondent was in Patient F.K.'s room following Patient F.K.'s return from lunch. Respondent called another CNA, Sheleta Cunningham-Talley, into Patient F.K.'s room, and Respondent engaged her in conversation. At that time, Patient F.K. was humming, as she often did. Respondent said to Talley, "watch how I shut this bitch up" and then proceeded to strike Patient F.K. on the face and throat. Patient F.K.'s face and neck turned red, and she became visibly upset after being struck. Beverly Health Care has a policy that residents have a right not to be physically abused. CNAs are under a legal or statutory duty not to hit or abuse patients. Striking a patient in the face and throat is a violation of that duty to not physically abuse a patient. Agnes Kelly is a registered nurse who was employed at Beverly Health Care during Respondent's employment there. Kelly has practiced as a registered nurse since 1994. She was a weekend supervisor at Beverly Health Care and supervised approximately 25 nursing employees which included a number of CNAs. Kelly has supervised nursing staff and CNAs for approximately nine years, and, as such, is familiar with the duties and responsibilities of CNAs. It is her opinion that Respondent violated her duty not to physically abuse a patient. Based on the foregoing, the evidence is clear and convincing that Respondent violated Sections 456.072(1)(k) and 464.204(1)(b), Florida Statutes (2001), by intentionally violating the statutory and legal obligation of CNAs to not physically abuse or hit a patient.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner issue a final order finding Respondent guilty of violating Sections 456.072(1)(k) and 464.204(1)(b), Florida Statutes (2001), and revoking Respondent's certification and requiring Respondent to pay the costs of investigation and prosecution of this matter. DONE AND ENTERED this 22nd day of July, 2003, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 2003. COPIES FURNISHED: Kim M. Kluck, Esquire Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Pearla M. Mixon 4365 Tuna Drive, Southeast St. Petersburg, Florida 33705 Dan Coble, R.N., Ph.D., C.N.A.A. C., B.C. Executive Director Board of Nursing Department of Health 4052 Bald Cypress Way, Bin C02 Tallahassee, Florida 32399-3252 R. S. Power, Agency Clerk Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1701 William W. Large, General Counsel Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1701
