STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 83-1885

)

TOBIANNA W. HUDDLESTON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Sharyn L. Smith, held a formal hearing in this case on October 27, 1983, in Tallahassee, Florida. The following appearance was entered:

APPEARANCES

For Petitioner: Julia P. Forrester, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: No appearance

The issue for determination at the final hearing was whether the Respondent's nursing license should be suspended, revoked, or otherwise disciplined for allegedly violating Section 464.018(1)(b), Florida Statutes, by having her license to practice nursing revoked by the State of New York by reason of mental disability and incompetence.

At the final hearing, Petitioner's Exhibits 1(a)-(g) and 2(a)-(r) were offered and admitted into evidence.

FINDINGS OF FACT

1. The Respondent Tobianna W. Huddleston is a registered nurse licensed in Florida, having been issued license number 140220-2.

   
   

2. The Respondent's license to practice nursing in the State of New York was revoked on or about December 24, 1982, effective January 3, 1983, by the Commissioner of Education for the State of New York.

   
   

3. The Commissioner's revocation was based on a Report of the Regents Review Committee which reviewed a Recommendation of a Hearing Panel which found that the Respondent was incapable of practicing her profession competently and, therefore, constituted a threat to the public.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

   
   

5. The Board of Nursing is authorized pursuant to Section 464.018(1)(b), Florida Statutes (1981) to discipline a licensee who has a license to practice nursing revoked, suspended or otherwise acted against by the licensing authority of another state, territory or country.

   
   

6. The Petitioner established that the Respondent's license to practice nursing in the State of New York was revoked, therefore, a violation of Section 464.018(1)(b), Florida Statutes (1981) was proven.

   
   

7. The Petitioner also established that the Respondent Huddleston's license to practice nursing in Florida should be revoked based upon the finding by the Commissioner of Education of the State of New York that the Respondent continued licensure constitutes a threat to the public.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That a Final Order be entered by the Board of Nursing revoking the nursing license of the Respondent Tobianna W. Huddleston.

DONE and ENTERED this 28th day of October, 1983, in Tallahassee, Florida.

SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of October, 1983.

COPIES FURNISHED:

Julia P. Forrester, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Tobianna W. Huddleston Post Office Box 1124 Danville, Kentucky 40422

Helen P. Keefe, Executive Director Florida Board of Nursing

Room 504, 111 East Coastline Drive

Jacksonville, Florida 32202

Frederick Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-001885

Orders for Case No: 83-001885