STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-855

)

NANCY L. HUNTER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, on July 25, 1979, beginning at 11:00 a.m. in Room 916 Park Trammel Building, 1313 North Tampa Street in Tampa, Florida.

APPEARANCES

For Petitioner: Julius Finegold, Esquire

1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

For Respondent: R. Kimber Martin, Esquire

Suite 500 Flagship Bank Building

315 East Madison Street Tampa, Florida 33602

ISSUE

Whether the license of Respondent should be suspended or revoked, or whether the licensee should be put on probation or otherwise disciplined.

FINDINGS OF FACT

1. The Respondent, Nancy L. Hunter, is a registered nurse who holds license #87366-2. On March 30, 1979, the Petitioner Board filed an administrative complaint against Respondent, seeking to place on probation, suspend or revoke Respondent's license. Respondent requested an administrative hearing.

   
   

2. Prior to the hearing, Petitioner Board withdrew the allegations of Paragraph 3 of the Administrative Complaint, and the hearing proceeded on the remaining allegations, numbered 1 and 2 in the complaint.

   
   

3. On or about February 7, 1979, Respondent attempted to have filled a prescription for Ionamin, a Class IV controlled drug generally used as a weight control measure, at the pharmacy in the Women's Hospital in Tampa, Florida. The prescription had been written by Respondent in the name of Eli Rose, M. D. Dr.

   Rose did not authorize the writing of this prescription, although he had previously written prescriptions for the same drug for the Respondent who had had these prescriptions filled at the hospital pharmacy. Respondent had been a patient of Dr. Rose and had used the drug previously, legitimately obtained, for her personal use as a weight control measure.

   
   

4. Respondent Hunter acknowledged the forgery of the prescription for Ionamin, which she uttered to Mr. Eladio Quinomes, registered pharmacist at the Women's Hospital.

   
   

5. Almost immediately after the uttering of this prescription, Respondent was confronted with the fact of the forgery and admitted the same. Respondent was suspended from her position and has not practiced her profession since that date.

   
   

6. Petitioner submitted no memorandum of law. Respondent submitted proposed findings of fact, and this instrument was considered in the writing of this Order. To the extent the proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this Order they have been specifically rejected as being irrelevant or not having been supported by the evidence.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction of this cause pursuant to Section 120.57, Florida Statutes.

8. Section 893.13 Prohibited acts; penalties.-- provides: (3)(a) It is unlawful for any person:

   1. To acquire or obtain, or attempt to acquire or obtain, possession of a controlled

      substance by misrepresentation, fraud, forgery, deception, or subterfuge.

      
      

9. Respondent has violated the foregoing statute by forgery of a prescription for her own use.

   
   

10. Section 464.21 Disciplinary proceedings.-- provides:

    
    

    (1) GROUNDS FOR DISCIPLINE.--The board shall have the authority to deny a license to any applicant or discipline the holder of a license or any other person temporarily authorized by the board to practice nursing in the state whose default has been entered or who

    has been heard and found guilty by the board of:. . .

    (b) Unprofessional conduct, which shall include any departure from, or the failure to conform

    to, the minimal standards of acceptable and prevailing nursing practice, in which proceeding actual injury need not be established. . .

    (g) Willfully or repeatedly violating any of the provisions of this chapter or laws of this state. . .

11. Respondent has violated the foregoing statute by her failure to conform to the minimal standards of acceptable nursing practice.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the license of the Respondent, Nancy L. Hunter, be suspended for a period of three (3) months from the date hereof.

DONE and ORDERED this 30th day of August, 1979, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Julius Finegold, Esquire 1107 Blackstone Building

233 East Bay Street Jacksonville, Florida 32202

R. Kimber Martin, Esquire Suite 500 Flagship Bank

Building

315 East Madison Street Tampa, Florida 33602

Geraldine B. Johnson, R. N. Florida State Board of Nursing

111 Coastline Drive, East; Suite 504 Jacksonville, Florida 32202

Docket for Case No: 79-000855

Orders for Case No: 79-000855