STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1897

)

PAUL BRYCE, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was held in the Small Conference Room, Holy Cross Hospital, 4725

1. Federal Highway, Ft. Lauderdale, Florida on October 18, 1978, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

   
   

   This case arose on an Administrative Complaint filed against the Respondent, Paul J. Bryce, L.P.N., alleging that Bryce was guilty of unprofessional conduct contrary to Section 464.21(i)(b)(d) and guilty of violation of Section 464.21(1)(g) , by having been in possession of controlled substances contrary to Chapter 893, Florida Statutes. Prior to the commencement of the hearing, the Respondent admitted the allegations of the Administrative Complaint and the parties stipulated to waiver of their rights to a hearing pursuant to Section 120.57(1), Florida Statutes, and to the Hearing Officer hearing this cause pursuant to provisions of Section 120.57(2), Florida Statutes.

   
   

   The admission of the Respondent and the stipulation of the parties eliminates any factual issues in this cause. The sole remaining issue is mitigation of the offense. The Respondents Paul Bryce testified in his own behalf regarding matters in mitigation.

   
   

   APPEARANCES

   
   

   For Petitioner: Julius Finegold, Esquire

   1005 Blackstone Building

   Jacksonville, Florida 32201

   
   

   For Respondent: Paul J. Bryce, Pro se

   1010 North 25th Avenue Hollywood, Florida 33020

   
   

   MITIGATION

   
   

   1. Paul Bryce admitted the allegations a the Administrative Complaint and admitted that he had plead guilty to the offense of illegal possession of controlled substances. Bryce stated that he was placed on three-years probation approximately one year ago.

   2. Bryce stated that he had voluntarily entered a drug rehabilitative program conducted by the Henderson Clinic in Hollywood, Florida. Bryce spent six months in the drug rehabilitative program and his counselor was Jenny Woodburn. Bryce has been out of this program for approximately one year and is not currently using controlled substances.

      
      

   3. Bryce stated that he had voluntarily taken himself out of nursing because of the potential adverse effects it could have upon the profession. Bryce stated that he was currently selfemployed pressure treating and panting roofs. He stated that he would eventually like to reenter nursing, however, he does not wish to do so at this time. Bryce voluntarily tendered his services to the Florida State Board of Nursing as a speaker on the dangers and adverse effects of drug use and as a resource person on the ways drugs are illegally, obtained in hospitals.

      
      

   4. Bryce agreed to authorize the Board to correspond with the Henderson Clinic and his counselor, Jenny Woodburn, regarding the causes of his drug dependency and their assessment of his rehabilitation.

RECOMMENDATION

Based upon the forgoing facts presented in mitigation, the Hearing Officer would recommend that the State Board of Nursing revoke the license of Paul Bryce as a Licensed Practical Nurse with consideration of his reapplication upon the expiration of his probation in the absence of any adverse information obtained from Bryce's counselor.

DONE and ORDERED this 30th day of October, 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:

Paul J. Bryce

1010 North 25th Avenue Hollywood, Florida 33020

Julius Finegold, Esquire 1005 Blackstone Building

Jacksonville, Florida 32201

Geraldine Johnson, R.N. State Board of Nursing

6501 Arlington Expressway - Bldg. B Jacksonville, Florida 32211

Docket for Case No: 78-001897

Orders for Case No: 78-001897