Judges: LINDA M. RIGOT
Agency: Department of Health
Latest Update: Jun. 17, 1980
Summary: Revocation of nursing license for possession and sale of morphine taken from the hospital where licensed practical nurse was employed.
79-0878.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA STATE BOARD OF NURSING, )
)
Petitioner, )
)
vs. ) CASE NO. 79-878
)
WILLIAM LAWRENCE BEACH, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, this cause was scheduled to be heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on February 21, 1980, in Gainesville, Florida.
The following appearances were entered: Julius Finegold, Esquire, Jacksonville, Florida, on behalf of the Petitioner, Florida State Board of Nursing; and Virgil D. Hawkins, Esquire, Leesburg, Florida, on behalf of the Respondent, William Lawrence Beach.
Neither Respondent nor his attorney of record appeared for the hearing although no motion for continuance had been filed on behalf of the Respondent, and no continuance had been granted by the undersigned. The hearing was recessed for a short time to permit the Respondent additional time to appear or to contact the undersigned Hearing Officer. There after, the Respondent still failing to appear or to contact the Hearing Officer, the hearing proceeded, and the Petitioner presented evidence in support of the allegations contained in the Administrative Complaint dated March 5, 1979.
The Petitioner filed an Administrative Complaint against the Respondent alleging that Respondent had been arrested on December 21, 1978, following the sale by Respondent at his residence of a controlled substance, to wit: morphine, to an undercover agent, which conduct violated Section 464.21(1)(d), Florida Statutes. In support of that allegation, the Petitioner presented the testimony of Deputy Sheriff Michael Thompson, Alachua County Sheriff's Office; Robert Wilson, Alternate Evidence Custodian, Gainesville Police Department; Charles Clark, United States Drug Enforcement Administration; James Eckhart, formerly with a combined city/county unit of the police departments; Paul J. McKnight, Administrator of North Florida Regional Hospital in Gainesville; and Ann Smith, Director of Nursing Services, North Florida Regional Hospital in Gainesville.
FINDING OF FACT
The Respondent, William Lawrence Beach, is a licensed practical nurse holding License No. 23123-1 issued by the Florida State Board of Nursing.
On November 30, 1978, Deputy Sheriff Michael Thompson, accompanied by a confidential informant and a Sgt. Bryant, went to the residence of the
Respondent located at 1008 Southeast Fourth Street, Gainesville, Florida. On said date at approximately 1:30 P.M., the confidential informant purchased from Respondent one syringe of what Respondent represented to be morphine. The sale was monitored by a monitoring device worn by the confidential informant, and the conversation was recorded by the police officers.
The confidential informant, prior to contacting Respondent, was searched by the officers and found not to be in possession of any drugs and was from that time until entering Respondent's residence never out of sight of the officers.
After leaving Respondent's residence, the confidential informant was found to be in possession of a syringe containing a substance purported to he morphine. The syringe was placed in the evidence room of the police department. The Respondent was arrested on December 21, 1978.
Robert Wilson received the syringe purportedly containing morphine involved with Respondent's case and mailed it to the Southeast Lab in Miami, Florida, on December 21, 1978, by registered mail. The procedures used in transmitting the syringe with its contents for analysis by the Southeast Lab was in accordance with the normal procedures used.
Charles Clark, a forensic chemist employed by the United States Drug Enforcement Administration, holds a Bachelor of Science degree, has taken graduate courses in analytical chemistry, has been so employed for 7 1/2 years, and has made hundreds of chemical analyses. He received the exhibit in the mail from Gainesville and personally opened the envelope and removed the evidence.
He personally tested the contents of the syringe and determined that it contained morphine, a controlled substance under the laws of the State of Florida.
When the Respondent was arrested on December 21, 1978, by Deputy Sheriff Thompson and then Officer Eckhart, additional syringes and a number of empty pill capsules in a vial were observed in the Respondent's residence, where the arrest was effectuated.
On the date of Respondent's arrest, police officers went to the North Florida Regional Hospital and conferred with Mr. McKnight and advised him as to what had happened. When the Respondent reported for work that afternoon, he was summoned to Mr. McKnight's office. He was asked if he had taken morphine from the hospital, and in the presence of Mr. McKnight and Ms. Smith, he admitted that he had. Accordingly, the Respondent's employment at the North Florida Regional Hospital in Gainesville was terminated.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of this cause and the parties hereto pursuant to Section 120.57, Florida Statutes.
Morphine is a controlled substance within the purview of Chapter 893, Florida Statutes (1979).
Section 464.21(1)(d), Florida Statutes (1977), authorizes the Florida State Board of Nursing to take disciplinary action against the holder of a nursing license for "[e]ngaging in the possession, sale, or distribution of controlled substances as set forth in chapter 893, for any other than legitimate purposes."
Respondent did so engage in the possession, sale, or distribution of morphine, a controlled substance, for other than legitimate purposes.
RECOMMENDED ORDER
Based upon the foregoing findings of fact and conclusions of law, it is, RECOMMENDED:
That the Board enter its Final Order finding Respondent, William Lawrence Beach, guilty of the allegations contained in the Administrative Complaint and revoking the license of William Lawrence Beach to practice nursing in the State of Florida.
RECOMMENDED this 14th day of March, 1980, in Tallahassee, Florida.
LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
Julius Finegold, Esquire 1007 Blackstone Building
Jacksonville, Florida 32202
Virgil D. Hawkins, Esquire Post Office Box 1195 Leesburg, Florida 32748
Ms. Helen P. Keefe Executive Director
Florida State Board of Nursing
111 East Coastline Drive Jacksonville, Florida 32202
Docket for Case No: 79-000878
Orders for Case No: 79-000878
| Issue Date |
Document |
Summary |
|
May 05, 1980 |
Agency Final Order
|
|
|
Mar. 14, 1980 |
Recommended Order
|
Revocation of nursing license for possession and sale of morphine taken from the hospital where licensed practical nurse was employed.
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