Judges: JAMES E. BRADWELL
Agency: Department of Health
Latest Update: Aug. 14, 1978
Summary: Recommend two-year probation for Respondent who was convicted of felony.
78-0663.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA STATE BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 78-663
) VANESSA ELAINE JACKSON, L.P.N., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on May 2, 1978, in Orlando, Florida.
APPEARANCES
For Petitioner: Julius Finegold, Esquire
1005 Blackstone Building
Jacksonville, Florida 32201
For Respondent: Vanessa Elaine Jackson, L.P.N.
Appearing in proper person
3932 Country Club Drive, Apartment 56
Orlando, Florida 32808
The Florida State Board of Nursing herein sometimes called the "Board" or the "Petitioner", by its administrative complaint of January 12, 1978, seeks to place on probation, suspend or revoke the license of Vanessa Elaine Jackson, L.P.N., based on allegations that on December 12, 1977, in the Circuit Court In and For the Ninth Judicial Circuit, In and For Orange County, Florida, in Case No. CR 76-2960, the Respondent was adjudicated guilty of grand larceny, a felony, and was sentenced to the Orange County Jail for a period of six months. Based thereon, it was alleged that the Respondent is guilty of violating Section 464.21, Florida Statutes, which violation amounts to a felony conviction in the courts of this State.
Based on the entire record compiled herein, and the testimony of the Respondent, I hereby make the following:
FINDINGS OF FACT
Vanessa Elaine Jackson, Respondent, is a licensed practical nurse and holds license No. 39450-1. On December 12, 1977, pursuant to a plea of guilty, Respondent was adjudicated guilty of the offense of grand larceny and was sentenced for a term of six months in the Orange County Jail, which term began on December 19, 1977. Respondent was also placed on probation for a period of five years. (Petitioner's Exhibit No. 1). 1/
Respondent acknowledged her plea of guilty to the offense; however, she testified that upon later consultation with a private attorney, she was advised that a guilty plea should not have been entered. She testified that she was merely an accomplice of the person who was committing the grand larceny and that throughout the numerous nursing related positions in which she has held, she has never been convicted of any other offense. Respondent has been a licensed nurse since 1972. Evidence reveals that the Respondent has been employed at various positions including positions wherein she has dispensed medications and prior to this incident, she has encountered no disciplinary problems. The Respondent testified that she is the sole supporter of her three children and is separated from her husband.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.
The authority of the Board is derived from Chapter 464, Florida Statutes.
Subsection 464.21, Florida Statutes, authorizes the Board to take disciplinary action against any licensee who has been convicted of a felony in the State of Florida. Chapter 464.21, Florida Statutes.
Competent and substantial evidence was offered to establish that the Respondent, a licensed practical nurse, was adjudged guilty of the felony offense of grand larceny.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Respondent's license and her right to practice thereunder be placed under probation for a period of two years.
RECOMMENDED this 20th day of June, 1978, in Tallahassee, Florida.
JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
ENDNOTE
1/ Official administrative notice was taken of Chapter 464, Florida Statutes, the Nurse Practices Act, which authorizes the Board of Nursing to take disciplinary action against any licensed nurse having been convicted of a felony in the State of Florida.
COPIES FURNISHED:
Ms. Vanessa E. Jackson 3932 Country Club Drive Apartment 56
Orlando, Florida 32808
Geraldine B. Johnson, R.N. Investigation and Licensing Coordinator Board of Nursing
6501 Arlington Expressway, Bldg. B Jacksonville, Florida 32211
================================================================= AGENCY FINAL ORDER
=================================================================
BEFORE THE FLORIDA STATE BOARD OF NURSING
IN THE MATTER OF:
Vanessa E. Pritchard Jackson
As a Registered Nurse Case No. 78-663
1902 Ivy Lane 32805 License Number 39450-1 Orlando, Florida
/
ORDER
This matter came on for deliberation and final action 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, Florida 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 and Conclusions of Law of the Hearing Officer and IT IS THEREFORE:
ORDERED AND ADJUDGED that the licensed practical nurse license number 39450-1 of the Respondent, Vanessa E. Pritchard Jackson, be placed on probation to run concurrent and for the same period of time as probation to the Ninth Judicial Circuit in and for Orange County, Florida, which probation began for a period of five (5) years beginning on 12/19/1977, with the following terms and conditions:
That the Respondent refrain from violation of any law, Federal, State, or Local.
That the Respondent inform, in writing, the Florida State Board of Nursing immediately of any change of address or change of employment.
That the Respondent request her employer to provide the Board with an evaluation of her nursing performance every three (3) months during the period of this probation.
The failure to comply with the terms of said probation shall be deemed a violation.
DONE AND ORDERED this 7th day of July, 1978, at Jacksonville, Florida.
FLORIDA STATE BOARD OF NURSING
BY:
Dorothy C. Stratton, R.N. President
BOARD SEAL
ccs: Vanessa E. Pritchard Jackson 1902 Ivy Lane
Orlando, Florida 32805 Julius Finegold, Esquire
Docket for Case No: 78-000663
Orders for Case No: 78-000663
