STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL REGULATION, ) BOARD OF NURSING, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3637

)

MARGARET WAGGONER, )

)

Respondent. )

)

RECOMMENDED ORDER

After notice timely given to the parties, a hearing was held in this case before Arnold H. Pollock, a Hearing Officer with Division of Administrative Hearings, in Jacksonville, Florida, on February 15, 1984. The issue for consideration was whether Respondent's license as a registered nurse in the State of Florida should be disciplined because of the misconduct alleged in the Administrative Complaint.

APPEARANCES

For Petitioner: Julia P. Forrester, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: S. Perry Penland, Esquire

1103 Blackstone Building

Jacksonville, Florida 32202 DISCUSSION

On October 12, 1983, Fred Roche, Secretary of Petitioner, Department of Professional Regulation, executed an Administrative Complaint in which Respondent, Margaret Waggoner, was alleged to have unlawfully dispensed a controlled substance, 6 Darvocet capsules, to an employee of the Duval County Jail without a prescription in violation of Section 464.018(1)(g), Florida Statutes (1981), while employed as a nurse at that facility.

Respondent signed an Election of Rights form on October 23, 1983, on which she disputed the allegations against her and requested a formal hearing pursuant to Section 120.57(1), Florida Statutes (1981).

At the hearing, Petitioner's counsel moved to dismiss the Administrative Complaint on two grounds. The first was that Petitioner's prime witness, the individual to whom Respondent allegedly dispensed the capsules in question, allegedly had no recollection of the incident. The other basis for the motion was that subsequent review of the memoranda and guidelines under which Respondent operated at the time indicates Respondent may have been misled into

believing she had the authority to dispense the medication. This documentation was submitted as Petitioner's Exhibit 1.

RECOMMENDED ACTION

Based on the Petitioner's Notion to Dismiss and its failure to produce any evidence to support the allegations in the Administrative Complaint, it is, therefore,

RECOMMENDED that the Administrative Complaint filed in this case against the Respondent, Margaret Waggoner, be DISMISSED.

RECOMMENDED at Tallahassee, Florida, this 16th day of February, 1984.

ARNOLD H. POLLOCK

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 16th day of February, 1984.

COPIES FURNISHED:

Julia Forrester, Esquire

Department of Professional Regulation

130 N. Monroe Street Tallahassee, Florida 32301

S. Perry Penland, Esquire 1103 Blackstone Bldg. Jacksonville, Florida 32202

Fred Roche, Secretary

Department of Professional Regulation

130 N. Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-003637

Orders for Case No: 83-003637