STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2599

)

DANETTE WILKINS, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on January 8, 1982, in Lake City, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon an Administrative Complaint filed by the Board of Nursing against Danette Wilkins alleging that she was employed and performed the duties of a registered nurse while her license as a registered nurse was suspended.

APPEARANCES

For Petitioner: William M. Furlow, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Did not appear

SUMMARY

The Board of Nursing introduced documentary evidence that Respondent's license was suspended from April 24, 1981, to April 23, 1982; and testimonial evidence that Respondent was employed and performed the duties of a registered nurse at Tanglewood Nursing Home in Lake City, Florida, from mid-June, 1981, until mid-July, 1981.

This conduct is unlawful pursuant to Section 464.016 (1)(a), Florida Statutes. The Board charges that Respondent's conduct violated Section 464.018(1)(f), (g) and (j), Florida Statutes. The conduct of a licensee who violates the criminal law in the practice of her profession is unprofessional conduct. Respondent violated Section 464.018(f), Florida Statutes.

FINDINGS OF FACT

1. Danette Wilkins was licensed by the Board of Nursing and held License #17317-2 issued by the Board.

2. Respondent was given notice of the formal hearing as required by mail at 321 North Clark Street, Starke, Florida 32091. Neither the notice nor other mail sent to her by the Hearing Officer was returned. Notice is deemed adequate, and Respondent did not appear or request a continuance.

   
   

3. By order of the Board Respondent's license as a registered nurse was suspended from April 24, 1981, until April 23, 1982, one year from receipt of the signed Counter-Stipulation by the Board.

   
   

4. Barbara M. Hunter, the Administrator of Tanglewood Nursing Home, was present at the termination of the home's employee known as Danette Wilkins (date of birth: 10/07/36; Social Security #262-48-7112). The employee spoke with Hunter about her prior employment and disciplinary problems with the Board of Nursing. The employee was Danette Wilkins.

   
   

5. Respondent was employed at Tanglewood Nursing Home from June 16, 1981, until July 18, 1981, as a registered nurse and performed the duties of a registered nurse during the course of her employment. At the time she was employed her license was suspended.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Board of Nursing has authority pursuant to Chapter 464, Florida Statutes, to regulate the practice and licensing of nurses. No evidence was received concerning the allegation of violation of Section 464.018(1)(g), Florida Statutes.

   
   

7. Section 464.016(1), Florida Statutes, makes it a misdemeanor in the third degree to practice nursing without a license, or using or attempting to use a license which has been suspended.

   
   

8. Section 464.018(1)(f), Florida Statutes, provides that the Board may take disciplinary action for unprofessional conduct. Unprofessional conduct includes any departure from the minimum standards of acceptable and prevailing nursing practice.

   
   

9. The commission of conduct which would be a violation of criminal statutes directly relating to the practice of a profession is a departure from the minimum standards of acceptable and prevailing practice.

   
   

10. The Board has demonstrated that Respondent was employed and performed the duties of a registered nurse while her license as a registered nurse was suspended. This conduct violates Section 464.018(1)(f), Florida Statutes.

    
    

11. The conduct of Respondent which constitutes a violation of Section 464.018(1)(f), Florida Statutes, also constitutes a violation of Section 464.018(1)(j), Florida Statutes. The Respondent, however, should not be penalized for one act as though she had committed two offenses because in this case both statutes address the same conduct.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the license of Danette Wilkins be revoked.

DONE and ORDERED this 14th day of January, 1982, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 1982.

COPIES FURNISHED:

William M. Furlow, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Ms. Danette Rae Wilkins

321 North Clark Street Starke, Florida 32091

Samuel Shorstein, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 81-002599

Orders for Case No: 81-002599