Sincerely,

STATE OF FLORIDA

RECOMMENDED ORDER

complaint against the Respondent alleging the same facts set forth in the emergency order and charging the Respondent with unprofessional conduct in the practice of nursing by violating the confidentiality of patients’ records and also with being unable to practice nursing with reasonable skill and safety to patients. Respondent denied the allegations and requested formal hearing. Respondent also filed an Answer to the Administrative Complaint and a Motion to Strike. This matter was referred to the Division of Administrative Hearings for adjudication on May 16, 1997. Discovery ensued, and Petitioner filed a Notice (motion) of Compelled Mental and Physical Examination on June 4, 1997. The motion was denied.

At the hearing, Petitioner voluntarily dismissed Count I of the Administrative Complaint; petitioner called four (4) witnesses and offered into evidence three (3) exhibits. Respondent testified in his own behalf and offered no exhibits into evidence. All exhibits were admitted.

petitioner filed its proposed recommended order on September 12, 1997. Respondent filed his proposals on September 2, 1997 Both parties proposals have been given careful consideration,

FINDINGS OF FACT

16. Kim Everett, Vice President of Risk Management for Charter, spoke with Respondent on or about January 24, 1997, regarding Respondent’s returning the confidential patient records to charter. Respondent indicated that he would not return the information to Charter end/or its representatives- Additionally, the Respondent indicated that he thought that he should be-compensated for returning the computer and patient records to Chapter. Ms Everett advised respondent that the information belonged to the patients and that Charter would only reimburse him for the price of the computer. Respondent indicated that he would consider contacting the patients and selling the information back to them. Ms. Everett again advised the Respondent that the information was not his and that he should not contact the patients. At the conclusion of the conversation information was still in the possession of Respondent.

17. Charter filed for injunctive relief in the Circuit Court of the Ninth Judicial Circuit, Orange County, Florida. On January 27, 1997, the Honorable John N. Adams, Sr.,, Circuit Court Judge, issued an order Granting Plaintiff’s Motion for Temporary Injunction wherein the Court made the following Findings of Fact:

CONCLUSIONS OF LAW

The Division of Administrative Hearings has jurisdiction over the subject matter and the parties. Sections 120.569 and 120.57(1), Florida Statutes.

23. The release Of confidential psychiatric patient information to unauthorized non-medical persons poses a substantial threat to the public. The Respondent admitted that he was well aware that the release or psychiatric patient information to an unauthorized non-medical person would pose a threat to the public as well as cause irreparable harm to the patients. In fact, Respondent opined that it would he negligent behavior for a person or an entity to allow third parties to have access to such information.

29. Section 46(.01611) (1) provides that the Board of Nursing may discipline a licensee for violating Rule 59S-8.005(l)(e), Florida Administrative Code, by violating the confidentiality of information or Knowledge concerning a patient. petitioner has proved by clear and convincing evidence that Respondent violated Section 468.018(1)(2), Florida statutes?, by violating Rule 599-8.005(1) (1)12. Florida administrative Code.

DONE .AND ENTERED this 29 Th. day of October, 1997, in Tallahassee Leon County, Florida.

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