STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: Revocation of the License )

of Patricia Nell King, License ) CASE NO. 75-1507 Number R.N. 54224-2 )

)

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 September 17, 1975 in Jacksonville, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1130 Heritage Life Building Jacksonville, Florida

For Respondent: William J. Sheppard, Esquire

205 Washington Street Jacksonville, Florida

By Administrative Complaint served June 25, 1975, the Florida State Board of Nursing seeks to revoke or suspend the license of Patricia Nell King, N. R., License Number 54224-2 on the allegation that on or about February 21st she attempted to obtain a controlled drug, to wit: Percodan, by fraud by passing a prescription to the pharmacist which she had altered. Exhibit 1, the second amended information filed in the Circuit Court of the Fourth Judicial Circuit of Florida in and for the County of Duval against Patricia Nell King, and the Circuit Court Judge's order withholding adjudication of guilty and placing Patricia Nell King on probation was admitted into evidence without objection.

Thereafter Petitioner testified in her own behalf.

The licensee, Patricia Nell King, admitted guilt of the alleged offense. She had been given Percodan following a knee injury some eight years ago and apparently had continued to get prescriptions for this drug from time to time thereafter. At the time of the offense herein alleged she had taken a valid prescription issued to her roommate and altered it. At her subsequent trial in the Circuit Court she pleaded guilty and was placed on two year's probation.

One of the terms of her probation is that she will not change her residence or employment, or leave the county of residence without first procuring the consent of the probation supervisor. Immediately after the trial the licensee started worKing at the Jacksonville Corrections Institute and continues to work there at the time of this hearing. Ms. King testified that she used the Percodan to control pain in her knee, and also for the euphoria she obtained therefrom.

Following her arrest, however, she has not used any drugs of any kind, and did not have any withdrawal symptoms by reason of not having access to, or using, Percodan. She no longer has any dependency upon this or any other drug. Ms. King feels that she has "learned her lesson" and also that she was very fortunate in being arrested as the arrest probably prevented her from becoming involved in a much more serious type offense. She realizes the seriousness of

her probationary period, and the consequences that could result in the event she violates this probation.

From the foregoing it is concluded that the licensee, Patricia Nell King,

R. N., is guilty as alleged. It is further concluded that the licensee is not addicted to Percodan or any other drug and is capable of performing satisfactorily in her profession. It is therefore,

RECOMMENDED hat the license of Patricia Nell King, R.N. be revoked. It is further

RECOMMENDED that the revocation of this license be stayed for a period of two years upon licensee's good behavior and no violations of Chapter 464, Florida Statutes, and at the expiration of this period, unless sooner vacated, the revocation of the license be set aside and the licensee restored to good standing in the nursing profession.

DONE and ENTERED this 7th day of October, 1975 in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-001507

Orders for Case No: 75-001507