STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) Case No. 85-4171

) DPR CASE NO. 0060493

MARIANNE E. ABBOTT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled cause on March 11, 1986, at Tampa, Florida.

APPEARANCES

For Petitioner: Cecilia Bradley, Esquire

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Marianne E. Abbott, pro se

1824 Cadillac Circle

Tampa, Florida 33619

By Administrative Complaint filed October 22,1985, the Department of Professional Regulation, Petitioner, seeks to revoke, suspend, or otherwise discipline the license of Marianne

1. Abbott, Respondent, as a registered nurse. As grounds, therefore, it is alleged that Respondent, in stating, under oath on her application for licensure, that she had never been arrested for any offense other than a traffic violation when such statement was not true, violated various provisions of Section 464.018(1) Florida Statutes, (1985). Specifically, Respondent is charged with obtaining her license by fraud or material misrepresentation, known by Respondent to be false at the time made, thereby violating Sections 464.018(1)(d) and (j), 464.016(2)(c) and 455.227(1)(e) Florida Statutes (1985).

   
   

   At the hearing Petitioner submitted four exhibits which were admitted into evidence and Respondent testified in her own behalf. There is no dispute regarding the facts material to this proceeding. Proposed findings submitted by the parties are all accepted as true and if not included below were deemed immaterial to the results reached.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent is, and has been at all times material to the allegations of the Administrative Complaint, a registered nurse in the State of Florida, having been issued license number 1553112.

      
      

   2. Respondent's nursing license is current through March 31, 1987.

      
      

   3. In April 1984, Respondent applied for a license to practice nursing in the State of Florida. On this application she indicated she had never been arrested for any offense other than a traffic violation.

      
      

   4. The aforesaid application was signed by Respondent under oath. However, on or about 7 September, 1974, Respondent pleaded guilty to a charge of abduction of a female.

      
      

   5. Respondent was convicted of the aforesaid crime and sentenced to not less than three (3) nor more than ten (10) years in a state prison with execution of sentence suspended and Respondent placed on probation for a period of three (3) years.

      
      

   6. Marianne Gauthier and Respondent are one and the same person.

      
      

   7. Respondent was tried in a county court in West Virginia and never actually served any prison time. Upon successful completion of her probation period, Respondent was released from all provisions of probation.

      
      

   8. Subsequent to her arrest and conviction in 1974 Respondent completed a four year college curriculum to qualify as a registered nurse and has had no further involvement with any law enforcement authority.

RECOMMENDED that Respondent be issued a reprimand for failure to accurately complete her license application and be

placed on probation for a period of 6 months.

Entered this 11th day of April, 1986 at Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1986.

COPIES FURNISHED:

William M. Furlow, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Marianne E. Abbott 1824 Cadillac Circle

Tampa, Florida 33619

Docket for Case No: 85-004171

Orders for Case No: 85-004171