STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1505

)

VADA RUTH OWENS, R.N., )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was brought up for final hearing at 3:00 p.m. September 10, 1975, Room 250A, Hillsborough County Courthouse, Tampa, Florida, on the Complaint of the Board of Nursing seeking to revoke the license of the Respondent Owens.

APPEARANCES

For Petitioner: Julius Finegold, Esquire For Respondent: Abel H. Rigua

2137 West Buffalo Avenue

Tampa, Florida 33607

1. The Board of Nursing charges in their Complaint that the Respondent on or about October 11, 1974, was arrested, and on May 7, 1975, pled guilty to the charge of obtaining or attempting to obtain drugs by fraud contrary to Section 831.30(3), F.S.

   
   

2. The Board of Nursing in its Complaint states that based upon those facts, the licensee is guilty of violating Section 464.2l(1)(b), F.S., and concludes that the Respondent's license should be revoked.

   
   

3. Evidence submitted by the Board of Nursing consisted of three documentary exhibits.

   
   

4. Petitioner's Exhibit No. 1 was a certified copy of an Order of the County Criminal Court of Hillsborough County withholding adjudication of guilt and placing Vada Owens on probation for the offense of obtaining or attempting to obtain medical drugs by fraud. Petitioner's Exhibit No. 2 was a certified copy of an information charging Vada Owens with obtaining or attempting to obtain medicinal drugs by fraud. Petitioner's Exhibit No. 3 was a police report from Officer T. Marciniak, Tampa Police Department, which describes his arrest of the Respondent, Vada Owens, for the charge of obtaining a drug, Talwin, from Curry's Pharmacy, 3801 South Manhattan Avenue, using a false prescription.

   
   

5. The Respondent testified on her own behalf and stated that she was arrested as indicated in the police report, Petitioner's Exhibit No. 3, and did plead guilty to the charge of obtaining drugs through a false and fraudulent

   prescription. She stated, however, that she did not know the prescription was forged and that she was picKing up the drugs for her ex-husband. She had no idea, she stated, that the prescription her husband had given her was anything but legitimate.

   
   

6. Considering the facts that the Respondent pleaded guilty to this charge and at that time was represented by counsel and that the prescriptions were written on the stationery of a Dr. Anrrich, a doctor whom the Respondent had some contact with, and presumably might have access to his prescription forms, the testimony of the Respondent is not to be believed. The Respondent, therefore, is found to be guilty of the charges in the Board of Nursing's Complaint.

Considering that it appears the Respondent had obtained the drug, Talwin, for her husband and not for herself and that she is now divorced, it is recommended her license be suspended for a period of two years.

DONE and ORDERED this 24th day of September, 1975, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Abel H. Rigau, Esquire Mrs. Geraldine Johnson, R.N. 2137 W. Buffalo Avenue Investigation and Licensing Tampa, Florida 33607 Coordinator

Board of Nursing

6501 Arlington Expressway, Bldg. B Jacksonville, Florida 32211

Julius Finegold, Esquire

1130 American Heritage Building Ms. Vada Ruth Owens Jacksonville, Florida 32202 6159 Scorpio Circle Attorney for Petitioner Apt. 14

Tampa, Florida 33614

Docket for Case No: 75-001505

Orders for Case No: 75-001505