STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL AND OCCUPATIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1469

) GLORIA NESMITH MOORE CALLENDER, ) R.N., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at Suite 102, Building "B", 6501 Arlington Expressway, Jacksonville, Florida, at 2:00 P.M., October 25, 1978.

APPEARANCES

For Petitioner: Julius Finegold, Esquire,

1005 Blackstone Building,

Jacksonville, Florida 32202,

For Respondent: Respondent was noticed of the hearing, the Respondent elected not to attend the hearing, as evidenced by correspondence addressed to the Department of Professional and Occupational Regulation, Board of Nursing, and admitted into evidence as Hearing Officer's Exhibit No. 1. Through that correspondence, Ms. Callender advised that she would not be in attendance at the hearing.

ISSUE

1. Whether or not on or about May 24, 1978, the Respondent was arrested by officers of the Jacksonville Sheriff's Office, in Jacksonville, Duval County, Florida, and found to be in illegal possession of the controlled substance, to- wit, Pentothal (Sodium Thiopental), injectable, and, therefore, in violation of Subsections 464.21(1)(b) and (d), Florida Statutes.

   
   

2. Whether or not on or about May 24, 1978, the Respondent was found to be in possession of several prescription drugs without having obtained a prescription for those drugs, in violation of Subsection 464.21(1)(b), Florida Statutes.

FINDING OF FACT

1. This cause comes on for consideration based upon the Administrative Complaint filed by the Petitioner, State of Florida, Department of Professional and Occupational Regulation, Board of Nursing versus Gloria Nesmith Moore Callender, R.N.

   
   

2. The State Board of Nursing is an agency of the State of Florida which has as its function the licensure and regulation of certain individuals who hold various licenses to practice nursing in the State of Florida.

   
   

3. The Respondent, Gloria Nesmith Moore Callender, R.N., holds license No. 48527-2 as a Registered Nurse, licensed by the Petitioner, State Board of Nursing. At all times pertinent to this administrative complaint, the Respondent held that license.

   
   

4. On May 24, 1978, officers of the Jacksonville Sheriff's Office went to the residence address of the Respondent at 8030 Almar Place, Jacksonville, Florida. The purpose of the visit by the officers of the Jacksonville Sheriff's Office was to investigate a complaint that the Respondent had forced her juvenile daughter to leave the mother's home. This led to a conversation between the officers and the son of the Respondent, who invited the officers into the home, at which point the Respondent was told the reason for the investigation by the officers. Ms. Callender asked the officers to examine the home, to include the daughter's room, to satisfy themselves that there was no abuse or improper conduct by Ms. Callender toward her children. The officers discovered, in plain view, in the closet of the daughter's room, a bag containing nine Pentathol Kits. Specifically, they contained the substance, Sodium Thiopental, which is a controlled substance, Schedule III, drug par Chapter 893, Florida Statutes.

   
   

5. These kits had been obtained from the Baptist Medical Center where the Respondent was employed at that time. The Pantathol Kits were shown to be the property of the Baptist Medical Center, through a comparison of the inventory lists kept by the Hospital contrasted with the kits discovered in the home of the Respondent. The kits were kept in the operating suite at the Hospital in a location in which the Respondent, with a limited number of other employees, had access to the substance.

   
   

6. The Sodium Thiopental in the home of the Respondent, found in the minor daughter's room, having circumstantially been shown to have been taken from the Baptist Medical Center by the Respondent, constitutes possession by the Respondent of a controlled substance, Schedule III, drug within the meaning of Chapter 893, Florida Statutes.

   
   

7. In securing the premises after making an arrest of the Respondent, the officers discovered on the dresser of the Respondent's bedroom and in her closet, several vials of assorted drugs. Among those items discovered was Benadryl, 8 ampoules; Epinephrine, 3 ampoules; 1 injectable Dramamine; Ergonovine, 1 ampoule; and 1 bottle of Sodium Chloride solution, all items being prescription drugs which were not shown to have had prescriptions made for them. In addition, these various drugs were drug types used in the operating suite where the Respondent was employed at the Baptist Medical Center. Under the circumstances of being found in her home and in the Respondent's bedroom, this constituted possession of the prescription drugs without obtaining a prescription for them.

8. The fact of the Respondent's removal and possession of the controlled substance, to-wit, Pentathol (Sodium Thiopental), constitutes unprofessional conduct on the part of the Respondent in violation of Subsection 464.21(1)(b), Florida Statutes. In addition, the fact of the Respondent's possession of the aforementioned classes of prescription drugs without having obtained a prescription for them constitutes a violation of Subsection 464.21(1)(b), Florida Statutes, as being unprofessional conduct on the part of the Respondent. Finally, the Respondent's possession of the controlled substance, Schedule III, drug, to-wit, Pentathol (Sodium Thiopental), was an illegal possession within the meaning of Chapter 893, Florida Statutes, and, therefore, violates Section 464.21(1)(d), Florida Statutes.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

10. Based upon a full consideration of the facts herein, it is concluded as a matter of law that the Respondent is guilty of a violation of Subsections 464.21(1)(b) and (d), Florida Statutes, for her illegal acquisition and possession of the controlled substance, Schedule III, drug, to-wit, Pentathol (Sodium Thiopental), under the terms of Chapter 893, Florida Statutes.

    
    

11. Based upon a full consideration of the facts herein, it is concluded as a matter of law that the Respondent is guilty of a violation of Subsection 464.21(1)(b) , Florida Statutes, for her possession of Benadryl, Epinephrine, Dramamine, Ergonovine, and Sodium Chloride solution, without prescriptions.

RECOMMENDATION

It is recommended that the license of the Respondent, Gloria Nesmith Moore Callender, R.N., No. 48527-2, be REVOKED.

DONE and ENTERED this 28th day of November, 1978, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire Geraldine B. Johnson, R.N. 1005 Blackstone Building Department of Professional and Jacksonville, Florida 32202 Occupational Regulation

Board of Nursing

Ms. Gloria N. M. Callender 6501 Arlington Expressway, 8030 Almar Place Bldg. "B"

Jacksonville, Florida 32208 Jacksonville, Florida 32211

Docket for Case No: 78-001469

Orders for Case No: 78-001469