STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 80-427

)

TANA LEE HAND, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held before Delphene C. Strickland, Hearing Officer for the Division of Administrative Hearings, on May 15, 1980 at the Lee County Courthouse in Fort Myers, Florida commencing at 12:00 noon.

APPEARANCES

For Petitioner: Jeffery B. Morris, Esquire

2400 Independent Square One Independent Drive

Jacksonville, Florida 32202

For Respondent: Robert J. Castellanos, Esquire

1528 Hendry Street Post Office Box 1999

Fort Myers, Florida 33902

ISSUE

Whether disciplinary action should be taken against the respondent, Tana Lee Hand, for an attempt to procure a license to practice nursing in the State of Florida by giving a false answer on an application form.

FINDING OF FACT

1. On March 2, 1979 the petitioner, Florida State Board of Nursing, suspended licensed practical nurse license #43782-1 held by the respondent, Tana Lee Hand. The Board further ordered, inter alia, that the suspension be stayed after two (2) years and respondent be placed on probation for the remaining year. On July 27, 1979, by letter, the Board requested respondent to return to the Board the Original Certificate #43782-1 together with her current renewal receipt. Thereafter, on August 28, 1979, the Board acknowledged receipt of correspondence from the respondent but informed her they were unable to determine receipt of the Original Certificate and requested that she send a notarized statement that she had returned it. Respondent was also requested to return the inactive license the Board had sent her in March of 1979.

2. Respondent Hand received an unsolicited Application for Reinstatement of Inactive License form from the Board, filled it out on October 9, 1979 and returned it to the Board. Question 8 on this form asked: "Have you ever had disciplinary action taken against you by the Licensing Authority for nurses in any State?" Respondent answered "No." Thereafter, on February 7, 1979, the Board filed an Administrative Complaint seeking disciplinary action against the respondent, charging her with falsely answering Question 8 and thereby attempting to procure a license by fraudulent misrepresentation.

   
   

3. As noted above, the respondent had been corresponding with employees of the Board relative to the return of her Original Certificate and the return of her inactive license prior to filing the Application for Reinstatement. She was misled by the wording of Question 8 on the form and believed that the Board wanted information as to disciplinary action taken by any state other than Florida. She answered "no" to the question in good faith inasmuch as Florida is the only state that has taken disciplinary action against her.

   
   

4. The Board of Nursing filed "Proposed Findings of Fact and Conclusions of Law," and the respondent filed a "Memorandum of Respondent "with Statement of Facts and Argument of Respondent. 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.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Florida Statutes.

   
   

6. Section 464.018, Disciplinary actions.--, provides:

   
   

   1. The following acts shall be grounds for disciplinary action set forth in this section:

      1. Procuring, attempting to procure, or renewing a license to practice nursing by bribery, by fraudulent misrepresentations, or through an error of the department or the board.

         
         

7. No evidence was presented to show that the respondent has violated the foregoing statute.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Administrative Complaint against tile respondent, Tana Lee Hand, be dismissed.

DONE and ORDERED this 14th day of July, 1980, 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:

Jeffery B. Morris, Esquire 2400 Independent Square

One Independent Drive Jacksonville, Florida 32202

Robert J. Castellanos, Esquire 1528 Hendry Street

Post Office Box 1999

Fort Myers, Florida 33902

Geraldine B. Johnson, R. N. Board of Nursing

111 Coastline Drive East, Suite 504 Jacksonville, Florida 32202

Docket for Case No: 80-000427

Orders for Case No: 80-000427