STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-276

)

LONNIE COLLINS, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on April 25, 1978, in Sarasota, Florida, by Stephen F. Dean, assigned hearing officer of the Division of Administrative Hearings. This case was presented upon an administrative complaint filed by the Florida State Board of Nursing against Lonnie Collins, alleging that Collins had violated Section 464.21(b) and (d), Florida Statutes, by having been guilty of unprofessional conduct and engaging in possession of controlled substances as set forth in Chapter 893 for other than legitimate purposes.

Prior to the hearing a short pre-hearing conference was conducted. Counsel for Lonnie Collins entered an admission in behalf of the Respondent to the allegations contained in paragraphs 1 and 3 of the administrative complaint and to paragraph 2 of the administrative complaint as amended by the Board. The Board withdrew paragraphs 5 and 6 of its administrative complaint. The only matters left to be considered were those in litigation.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1007 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Robert W. Pope, Esquire

611 First Avenue North

St. Petersburg, Florida 33701 FINDINGS OF FACT

1. Lonnie Collins is a registered nurse holding license number 093151-2 issued by the Florida State Board of Nursing.

   
   

2. Lonnie Collins admitted he had taken narcotic drugs which he abused, was in possession of Demerol without authorization, and was unable to perform his nursing duties in a professional manner because of the effects of his abuse of narcotic drugs.

   
   

3. Lonnie Collins is successfully participating in the drug rehabilitation program and meeting the obligations of his probation by the criminal court.

   CONCLUSIONS OF LAW

   
   

4. Based upon admissions made in behalf of the Respondent to the administrative complaint, the Respondent, Lonnie Collins, is guilty of a violation of Section 464.21(1)(b) and (d), Florida Statutes.

RECOMMENDATION

As stated above, the only issue remaining is mitigation. The only evidence of record is the late filed letters of character recommendation which were filed late by agreement of the parties.

Based on the foregoing findings of fact, conclusions of law and considering the matters in litigation, the Hearing Officer would recommend that the Board suspend the license of Lonnie Collins for twenty-four months and suspend enforcement of the last eighteen months of that twenty-four months suspension on the following conditions:

1. Collins satisfactorily participate in the drug rehabilitation program for the duration of the Board's probation.

   
   

2. Collins be restricted from having any responsibility for controlled drugs.

   
   

3. Collins be subject to any physical examinations or tests the Board might at any time order.

   
   

4. Collins be required to have his employer notify the Board of his employment, his disclosure to the employer of his probations, of the limitation imposed by the employer on Collins' responsibility for narcotics.

   
   

5. Violation by Collins of a condition of his probation may in the Board's discretion result in the immediate imposition of the remaining portion of the suspension or further prosecution under 464 to revoke his license.

   
   

6. Should Collins' license be revoked, the Florida State Board of Nursing would not consider his application for reinstatement of his license or reexamination for licensure until the remaining portion of his suspension has run.

DONE and ORDERED this 31st day of May, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1007 Blackstone Building

Jacksonville, Florida 32202 Robert W. Pope, Esquire

611 First Avenue North

St. Petersburg, Florida 33701

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AGENCY FINAL ORDER

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BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Lonnie Troy Collins

4515 26th Street West #709 CASE NO. 78-276

Bradenton, Florida 33507

As a Registered Nurse License Number 093152

/

FINAL ORDER

The above entitled cause came on to be heard by the Florida State Board of Nursing on the 26th day of June, 1978, in the Board of Construction Industry Conference Room, 6501 Arlington Expressway, Building B, Jacksonville, Florid 32211.

The Board, having reviewed the entire record, including all pleadings, exhibits admitted into evidence, the transcript of hearing proceedings, the Findings of Fact, Conclusions of Law and Recommended Order of the Hearing Officer, adopts the Findings of Fact of the Hearing Officer. Based upon the Findings of Fact, the Board concludes that the Respondent is guilty of unprofessional conduct in violation of Florida Statute, Chapter 464.21(1)(b).

IT IS THEREFORE:

ORDERED AND ADJUDGED that the Respondent's license to practice nursing as a registered nurse, license number 0931512, be revoked effective this date, and the Respondent is ordered to return to the Florida State Board of Nursing forthwith original certificate of license and current annual renewal receipt.

DONE AND ORDERED this 27th day of June, 1978, at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING BY:

BOARD SEAL

CCS: Lonnie Troy Collins 4515 26th Street #709

Bradenton, Florida 33507 Robert W. Pope, Esquire Julius Finegold, Esquire

Docket for Case No: 78-000276

Orders for Case No: 78-000276