STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2128

)

DONALD DYKES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Orlando, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on February 7, 1979. A transcript of proceedings was received by the Division of Administrative Hearings on March 5, 1979, The parties were represented by counsel:

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

Jacksonville, Florida 32202

For Respondent: Ramsey W. Dulin, Esquire

100 South Orange Avenue Suite #309, Metcalf Building Orlando, Florida 32801

By administrative complaint, petitioner accused respondent of having been convicted of possession of cannabis sativa; of having pleaded guilty to a separate charge of "knowingly causing a prescription to be falsely made, altered, forged or counterfeited;" and of having spent three months in a residential or drug treatment program in Jacksonville; and the administrative complaint alleged that respondent, "while employed as a licensed practical nurse at Medical Center of Kissimmee, Florida" stole approximately 150 mg. of Demerol per day from his

employer during the period December 20, 1977, through January 15, 1978; that respondent committed various specified "medication errors" while at the Medical Center of Kissimmee, including "[c]harting the administration of Demerol on a patient's record when no such dedication was signed out on the narcotic sheet;" and that, "[o]n or about November 2, 1977, [r]espondent voluntarily admitted himself to . . . a comprehensive drug abuse program for treatment of his drug dependency problem."

FINDINGS OF FACT

1. For purposes of the hearing, respondent's counsel stipulated to the accuracy of the allegations in the administrative complaint. On the basis of this stipulation, the allegations are found to be true.

   
   

2. In mitigation, respondent proved that he had good nursing skills and enjoyed a good working relationship with his peers and supervisors; and that he sought out counseling in connection with using drugs, even before the thefts from the Medical Center of Kissimmee were discovered.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner revoke respondent's license.

DONE and ENTERED this 26th day of March, 1979, in Tallahassee, Florida.

ROBERT T. BENTON, II

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

R. Dulin, Esquire

100 S. Orange Avenue

309 Metcalf Building Orlando, Florida 32801

Docket for Case No: 78-002128

Orders for Case No: 78-002128