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DONA JEAN SHOENHAIR v. COMMONWEALTH PENNSYLVANIA (05/09/83)

decided: May 9, 1983.

DONA JEAN SHOENHAIR, R.N., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS AND THE STATE BOARD OF NURSE EXAMINERS, RESPONDENTS



Appeal from the Order of the Department of State, Bureau of Professional and Occupational Affairs, the State Board of Nurse Examiners in the case of In the Matter of the Suspension or Revocation of a License to Practice Professional Nursing, No. RN-171360-L, issued August 7, 1969, to Dona Jean Shoenhair, R.N., dated January 22, 1982.

COUNSEL

Michael I. Levin, Cleckner and Fearen, for petitioner.

Mary S. Wyatte, Assistant Counsel, with her Edward D. Frank, II, Chief Counsel, David F. Phifer, Chief Counsel, and LeRoy S. Zimmerman, Attorney General, for respondents.

Judges Rogers, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 74 Pa. Commw. Page 218]

Petitioner*fn1 filed this petition for review challenging an order of the State Board of Nurse Examiners (Pennsylvania Board) which revoked her Pennsylvania nursing license pursuant to Section 12(6) of The Professional Nursing Law (Law), Act of May 22, 1951, P.L. 317, as amended, 63 P.S. ยง 224(6), which provides:

The Board may suspend or revoke any license in any case where the Board shall find that -- . . .

[ 74 Pa. Commw. Page 219]

(6) The licensee has his license suspended or revoked in another state, territory or country.

Petitioner was licensed as a registered nurse in Florida and in Pennsylvania. The Florida Board of Nursing (Florida Board) revoked Petitioner's license effective September 7, 1978. The relevant facts leading to this revocation follow.

On March 29, 1978, the Florida Board issued an administrative complaint against Petitioner charging her with unprofessional conduct in violation of Florida law. Specifically, she was charged with six counts of failing to properly chart the administration of drugs; one count for taking a telephone order from a physician for a controlled narcotic for which the doctor never signed an order slip; and another count for sleeping on duty.

Petitioner waived her right to an administrative hearing before the Florida Board because she claims she did not have the financial means to obtain the services of an attorney, nor did she have any means of transportation to travel from Daytona (where she was living) to Miami (where she stated the hearing was to be held). She further stated that she was unaware that the Florida action would have any impact on her Pennsylvania nursing license. The Pennsylvania Board found these facts to be true.

At the next scheduled Board meeting, the Florida Board found that Petitioner was guilty of unprofessional conduct and ordered that her license to practice nursing be revoked. Petitioner did not petition the Florida Board for ...


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