Findings Of Fact Based upon the stipulation made under oath by the Respondent that the allegations in the Amended Complaint were true and that the facts as set forth in the complaint were admitted freely and voluntarily, they are hereby found to be proven. Respondent was married to Joseph Lane for approximately five (5) years and was divorced from him in November, 1979. One child was born of the marriage, a two-year-old girl. During these five years of marriage, the Respondent and her family were subjected to mental and physical abuse by Mr. Lane. This abuse included physically battering the Respondent to a degree which caused severe bruising and choking, tackling and battering Respondent's seventy-three-year-old father, one such incident occurring prior to Respondent's father suffering a severe heart attack. Both before and during the marriage Mr. Lane used illegal drugs. Respondent was aware of her husband's drug dependency yet continued to live with him, apparently believing that she could help him with his drug problem. The beatings inflicted upon the Respondent were caused by Mr. Lane's need for drugs and Mrs. Lane's ability to secure the same from her employers. Respondent did not obtain drugs for her own use or for the use of anyone other than her husband. After the filing of the Amended Complaint, Respondent obtained a divorce, was awarded custody of her minor child and both she and her daughter presently reside with her parents in Clearwater, Florida. Respondent is the sole support of her minor child and receives no alimony or child support from her former husband. Respondent was an excellent nurse as verified by her former nursing supervisors. Respondent served two (2) years as a commissioned officer in the United States Air Force as a nurse and received an Honorable Discharge.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent's license be revoked subject to the condition that the board reinstate her nursing license in three (3) years, if the board at that time is satisfied that Respondent has made good faith efforts to permanently eliminate the factors from her life which have caused this disciplinary proceeding. DONE and ORDERED this 9th day of April, 1980, in Tallahassee, Florida. SHARYN L. SMITH, 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 Gary A. Hewetson, Esquire 711 Grand Central Street Clearwater, Florida 33516
The Issue Whether respondent terminated petitioner's employment on account of her age, sex or national origin, in violation of the Human Rights Act of 1977?
Findings Of Fact A registered nurse since 1949, petitioner Bessie J. Armstrong, who was born October 1, 1923, moved to Florida after she retired from the United States Air Force with the rank of captain. The record does not reveal her national origin. Ms. Armstrong had worked as an emergency room nurse, a coronary care nurse, and a nursing supervisor in three large hospitals before she began working for respondent, John Knox Village of Central Florida, Inc., which operates a retirement community with 492 independent living units, 18 assisted living units and a 120-bed (up from 60 beds before 1986) skilled nursing facility, called the "Med-Center." Ms. Armstrong worked the graveyard shift at the Med-Center from October 11 or 12, 1981, until her termination. Andrea Naumovitz, who, as director of nursing at the Med-Center until January of 1986, supervised petitioner Armstrong, gave her consistently good evaluations, Petitioner's Exhibit No. 1, and spoke highly of her abilities and performance. While employed at the Med-Center, Ms. Armstrong went in Thursday mornings as a volunteer to teach residents crafts, using materials she purchased with her own money. In fact, she was coloring Easter baskets during one such session when her husband suffered his fatal heart attack. In September of 1986, Judith Osborne, who succeeded Ms. Naumovitz as director of nursing on January 9, 1986, received complaints, from nursing aides Ms. Armstrong supervised, to the effect that she left distribution of suppositories to them, that she had herself passed medicine out before the hour which residents' doctors had specified, that, on two occasions, she had fallen asleep at work, and that she had once banished a noisy resident to the shower room. After summoning Ms. Armstrong and confronting her with these accusations, Ms. Osborne decided, rightly or wrongly, that at least some of the allegations against Ms. Armstrong were true. Nurse's notes for September 13, 1985, signed by petitioner, reported that a resident had been "[p]ut in shower room for the night." Respondent's Exhibit No. 1. On September 24 or 25, 1986, she terminated Ms. Armstrong's employment. Although in theory, the nursing home administrator or respondent's executive director might have reversed the decision to terminate petitioner's employment, in practice the decision was Ms. Osborne's to make. As far as the evidence shows, neither respondent nor Ms. Osborne has any policy to terminate or harass employees on account of their age, sex or national origin. Because of a critical shortage of nurses in the geographical area, sexagenarians not uncommonly work as floor nurses at the Med Center. The nursing staff is overwhelmingly, if not exclusively, female. Respondent's Exhibit Nos. 4 and 5. On July 29, 1987, eleven of respondent's approximately 240 employees were older than petitioner. Respondent's Exhibit No. 5. On the same date, 54 employees had worked long enough to be eligible for three weeks' annual vacation. Reversing the determination of the claims adjudicator dated October 24, 1986, Appeals Referee Mildred C. Anderson concluded in a decision dated November 26, 1986, that Ms. Armstrong had not been guilty of "misconduct connected with work" within the contemplation of the unemployment compensation law. Docket No. 86-25342U.
Findings Of Fact Lori Ann Williams has been licensed as a practical nurse in the State of Florida since December 9, 1985. Her licensure is current. In December of 1987, Ms. Williams was employed by the Palmetto Extended Care Center in Miami, Florida, a nursing home which served an elderly population. The home had an eighty-seven bed capacity and was full. The average age of the patients was 84 years old. The facility had a single floor with two nurses stations, staffed by two licensed practical nurses and at least two nurses aides. Ms. Williams was employed on the 11:90 p.m. to 7:00 a.m. shift on the night of December 27-28, 1987 along with another licensed practical nurse, and at least two nurses aides. The Administrator of the facility, Ruby Ruth Brown, is a licensed practical nurse. She had received reports from the nurses aides that Ms. Williams was in the habit of leaving the facility during her shift, but returning shortly before the shift ended at 7:00 a.m. During the 11:00 p.m. to 7:00 a.m. shift on the night of December 28-29, 1987, Ms. Brown came into the home at approximately 4:45 a.m. She found the other licensed practical nurse and the nurses aides on duty, but after searching the nurses' stations, all patient rooms, closets and bathrooms, she was unable to locate Ms. Williams. By checking the timecards, Ms. Brown found that Ms. Williams had arrived late for her 11:00 pm. shift (at 11:13 p.m.), but had not clocked out. A nurses aide had last seen her at 2:00 a.m. In checking the patients, Ms. Brown found that none of the nursing duties Ms. Williams should have performed for her 43 patients since 12:00 midnight had been carried out. Ms. Brown found conditions injurious to the well-being of two patients under Ms. Williams' care. One patient's naso-gastric feeding bag was empty, and should have been refilled at 2:00 a.m., but had not been refilled at the time Ms. Brown had arrived at the home. Another patient had pulled a Foley catheter out, which should have been brought to the attention of the attending physician [Some attending physicians direct that the catheter be immediately reinserted, while other physicians are of the view that the catheter should not be reinserted for a period of time due to possible injury sustained when the catheter was pulled out.] Under the work rules of the Palmetto Extended Care Facility, if Ms. Williams needed to leave during her shift, she should have notified the Director of Nurses, Ms. Virginia Carpenter, or the administrator of the home, Ms. Brown. They would have made arrangements to obtain another nurse to finish the shift. When Ms. Williams left, she did not notify Ms. Carpenter, Ms. Brown, the other licensed practical nurse on duty, or any of the nurses aides. Ms. Brown confronted Ms. Williams about her disappearance the next day. Ms. Williams said that she had not notified anyone when she was leaving because she had diarrhea and had to leave suddenly. Later Ms. Williams stated that she had told a cleaning lady that she had to leave, but was unsure that the cleaning lady had understood her because the cleaning lady spoke Spanish. The janitorial personnel work from 7:00 a.m. to 7:00 p.m. at the facility, so it would not have been possible for Ms. Williams to have notified janitorial personnel that she was leaving. In any event, it would have been improper for her to have only informed janitorial personnel that she would no longer be on duty. By leaving her shift without informing other persons responsible for patient care that she would no longer be on the floor, Ms. Williams placed the 43 patients under her care in danger, especially the patient who did not received the naso- gastric feeding and the patient who had removed the Foley catheter. Leaving a nursing shift without notifying an appropriate person that the nurse is leaving, and making arrangements for the protection of patients' welfare, is unprofessional conduct. Ms. Williams is guilty of unprofessional conduct.
Recommendation It is recommended that a Final order be entered finding Lori A. Williams guilty of unprofessional conduct, and suspending her licensure for a period of one year. DONE and ENTERED this 27 day of March, 1989 in Tallahassee, Leon County, Florida. WILLIAM DORSEY Hearing officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 27 day of March, 1989. COPIES FURNISHED: Lisa M. Bassett, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750 Lori A. Williams 9360 S.W. 185 Street Miami, FL 331567 Judie Ritter Executive Director Board of Nursing 504 Daniel Building 111 East Coastline Drive Jacksonville, FL 32201 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750
