STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-764

)

JILL CORNEAL, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard, pursuant to notice, on June 21, 1978, in the Conference Room, Centro Espanol Hospital, Tampa, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Charles Thomson, Esquire

503 South Willow Avenue Tampa, Florida 33606

ISSUE

This case was presented upon an administrative complaint filed by the Florida State Board of Nursing against Jill Corneal. This administrative complaint was amended prior to the commencement of the hearing and the Respondent waived notice to the amended ,administrative complaint. The amendment of the administrative complaint is as follows: Paragraph one of the administrative complaint is amended by deletion of the period and the addition of the language "by virtue of authorized medical treatment on or before October, 1977 and continuing through December, 1977."

Paragraph four of the administrative complaint is amended by the addition of the words "lawfully prescribed" preceding the word "drugs" in the fifth line of the paragraph.

Paragraph five of the administrative complaint is deleted.

The Respondent subsequently entered her admission to amended paragraph one, paragraph two, paragraph three, and amended paragraph four.

Based upon the admissions, the Petitioner presented no evidence in support of the administrative complaint and the Respondent presented several letters into evidence to which the Petitioner had not objection.

Based upon the admissions to the amended complaint, the only issue remaining to be considered is the question of penalty, if any to be assessed against the Respondent for violation of Section 464.21 (1)(b) and (c), Florida Statutes.

FINDINGS OF FACT

1. Jill Corneal is a registered nurse holding license no. 868042 issued by the Florida State Board of Nursing.

   
   

2. Jill Corneal, because of reoccurring headaches, habitually and excessively used and became addicted to the use of Demerol (Meperedine), a controlled substance under the Florida Statutes, Section 893, and other controlled substances, by virtue of authorized medical treatment on or before October, 1977 and continuing through December, 1977.

   
   

3. On or about February 2, 1978, Jill Corneal was admitted to a drug abuse program in Tampa, Florida, for her drug addiction problem and as of March 15, 1978, was still in the program.

   
   

4. On or about March 20, 1978, Jill Corneal voluntarily surrendered her original Certificate of Licensure and Renewal Certificate for the current year to practice nursing in this State of Florida to Mary L. Willis, R.N., of the Florida State Board of Nursing.

   
   

5. On numerous occasions, from approximately October 19, 1977 through December 1977, while employed as a registered nurse at Centro Espanol Memorial Hospital, Tampa, Florida, Jill Corneal reported for duty and continued to work when in fact, she was apparently under the influence of lawfully prescribed drugs to the extent that she was rendered incapable of carrying out her normal duties as a professional nurse.

   
   

6. The Respondent introduced into evidence a letter from her treating psychiatrist (Exhibit 1) and letters from other physicians with whom she had worked (Exhibit 2). These exhibits indicate that Jill Corneal is a very skilled nurse who is currently undergoing treatment for a drug addiction and who, in the opinion of her psychiatrist is capable of overcoming that addiction. Exhibit 1 further indicates that Corneal has no objection and would participate in any drug screening program as a condition to continuing to practice her profession.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Florida State Board of Nursing has charged Jill Corneal with unprofessional conduct contrary to the provisions of Section 464.21(1)(b), Florida Statutes, and with habitual intemperance or addiction to the use of controlled substances contrary to the provisions of Section 464.21(1)(c), Florida Statutes. As the administrative complaint has been amended, there is no allegation that the Respondent willfully and culpably violated the provisions of Section 464.21(1)(b), Florida Statutes. In the instant situation, the Respondent is not responsible for her intemperance or addiction to the use of controlled substances which, occurred in the course of prescribed medical treatment. However, the provisions of Section 464.21(1)(c), do not require culpability. The statute provides in pertinent part:

   
   

   The board shall have authority to deny a license or discipline the holder of a license . . . who . . . has been found

   guilty . . . of . . . addiction to the use of controlled substances as set forth in Chapter 893.

   
   

8. The offense is one of condition or status. Although it is possible for a person to be culpable in their use and addiction to a controlled substance, the statute, as written, does not per se penalize such conduct, merely the addiction itself. In this respect it is very much like Section 464.21(1)(f), which permits the Board to remove from the practice of nursing, a licensee who, because of poor physical or mental health, constitutes an undue risk to the public. Similarly, a licensee whose faculties have been impaired through the use of controlled substances cannot safely be permitted to practice nursing; however, when the use and addiction of such drugs is under control there is no longer and necessity, in fact, no authority, to further deny the right to practice. Based on the Respondent's admissions she is in violation of Section 464.21(1)(c), Florida Statutes.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law the Hearing Officer recommends to the Florida State Board of Nursing that the license of Jill Corneal be suspended until a qualified psychiatrist advises the State Board in writing that she is capable of resuming her duties as a professional registered nurse.

DONE AND ORDERED this 19th day of July, 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 1107 Blackstone Building

Jacksonville, Florida 32202

Charles Thomson, Esquire

503 South Willow Avenue Tampa, Florida 33606

Geraldine B. Johnson, R.N. Investigation and Licensing Coordinator Board of Nursing

6501 Arlington Expressway, Building B Jacksonville, Florida 32211

================================================================= AGENCY FINAL ORDER

=================================================================

BEFORE THE FLORIDA STATE BOARD OF NURSING

IN THE MATTER OF:

Jill Corneal Garner

As a Registered Nurse Case No. 78-764

3101 West Hillsborough License Number 86804-2

118 Britt

Tampa, Florida 33614

/

ORDER

This matter came on for final action by the Florida State Board of Nursing on the 16th day of August, 1978, at the Marco Polo Motel, 19201 Collins Avenue, Miami Beach, Florida 33154.

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 registered nurse license number 86804-2 of the Respondent, Jill Corneal Garner, be suspended for a period of one (1) year. However, it is ordered that said suspension be and the same is hereby stayed and the licensee be placed on probation for the period of one (1) year with the following terms and conditions:

1. That the Respondent refrain from violation of any law, Federal, State, or Local.

   
   

2. That tide Respondent continue to seek and obtain psychiatric consultation or the services of an Adult Mental Health Clinic and provide this office with reports every three (3) months of her progress.

   
   

3. That the Respondent have drug screen analysis performed and provide this office with reports and copies of these screenings every three (3) months.

   
   

4. That the Respondent inform, in writing, the Florida State Board of Nursing immediately of any change of address or change of employment.

   
   

5. That the Respondent request her employer to provide the Board with a written 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 31st day of August, 1978, at Jacksonville, Florida.

FLORIDA STATE BOARD OF NURSING

BY:

Dorothy C. Stratton, R.N. President

BOARD SEAL

ccs: Jill Corneal Garner 3101 West Hillsborough

118 Britt

Tampa, Florida 33614

Charles Thomson, Esquire

503 South Willow Avenue Tampa, Florida 33606

Julius Finegold, Esquire

Docket for Case No: 78-000764

Orders for Case No: 78-000764