STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 76-742

)

PAMELA WEHR, R. N., )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was called up for hearing in the Palm Beach County Courthouse on September 22, 1976 to consider allegations in the Administrative Complaint filed against the Respondent by the Florida State Board of Nursing.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1130 American Heritage Building Jacksonville, Florida 32202

For Respondent: John Witt, Esquire

Suite 600 Comeau Building

West Palm Beach, Florida 33401

At the commencement of the hearing the Respondent, through her attorney, announced that she did not contest the substantive allegations in the complaint,

i.e. paragraphs 1 - 8 which charge the Respondent of wrongfully appropriating narcotic drugs while on duty as an R.N. at the Community Hospital of the Palm Beaches.

Since the allegations of the complaint were uncontroverted it was not necessary for the Board of Nursing to present testimony regarding the truth of those allegations. The Respondent requested, and was given, an opportunity to present testimony in mitigation of the charges. Several witnesses testified on behalf of the Respondent. Those witnesses included workers at the North Palm Beach Community Mental Health Center, previous employers of the Respondent, a detective of the Palm Beach County Sheriff's Office, and the husband of the Respondent. Two counselors from the Community Mental Health Center testified that the Respondent voluntarily came to that establishment for counseling. was seen on a regular basis and it became aware to the counselors she was under stress from a situation stemming from marital difficulties. They stated that the Respondent greatly improved in outlook, maturity, and self-confidence during these sessions and they feel she has made great steps in learning to cope with everyday problems without the use of stimulants or narcotics. Previous employers of the Respondent testified that she was hired after being dismissed by the Community Hospital of Palm Beaches and had made full disclosure of her previous problems in her employment application. Her previous employer stated

that she would rehire the Respondent in positions of trust where she could have access to narcotics, without reservations.

The Respondent was charged with a criminal violation by the State Attorney's office, pleaded no contest to the charge, and was put on probation by the Circuit Court.

From all the evidence presented there was no question that the Respondent has committed a serious infraction of professional conduct and rules of the nursing profession. However, the testimony presented in mitigation of these charges has indicated that it may be unlikely that the Respondent would again resort to such misconduct. It cannot be questioned that the Respondent has been punished for her misconduct, particularly through having been charged with a criminal violation, having pleaded no contest to it, and being placed on probation. It is therefore the recommendation of this Hearing Officer that the Board of Nursing place the Respondent on probation for a period of one year.

DONE and ORDERED this 6th day of October, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

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

(904) 488-9675

Docket for Case No: 76-000742

Orders for Case No: 76-000742