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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices November 6, 2009, and Vicodin, Ibuprofin, and Phenergan on November 11, 2009. Id.
The first page of the next exhibit is the Certification of the GBN, dated July 23, 2019, concerning its Consent Order with Respondent and the statement that Respondent has met the terms and conditions outlined in this order.
RFAAX 5, at 1. The second page is the GBN letter to Respondent, dated July 20, 2015, advising Respondent that her license is unencumbered and free of the conditions imposed by the Consent Order. Id. at 2.
The remaining ten pages of RFAAX 5
is the June 25, 2013 Consent Order between Respondent and the GBN. Id. at 311. The first page of the Consent Order states that Respondent pled guilty, on or about November 18, 2010, to the felony criminal offense of Forgery, First Degree in the Superior Court of Douglas County. Id. at 3. It also states that Respondent failed to report her felony conviction to the Board within ten 10 days of such conviction as required by Georgia statute. Id. Page three of the Consent Order states that, upon the effective date of this Consent Order, the Respondents license to practice as a registered professional nurse and authorization to practice as an advanced practice nurse in the State of Georgia shall be placed on probation for a period of two 2 years, or until lifted by the Board. Id. at 5. The Consent Order specifies that this Consent Order, once approved and docketed, shall constitute a public record, evidencing disciplinary action by the Board. Id. at 10. The Consent order was approved on June 20, 2013, and docketed on June 25, 2013. Id.
at 10, 3.
The last exhibit of the RFAA is the DI
Declaration. RFAAX 6. In addition to certifying some of the Governments other exhibits and providing the origins of the investigation leading to the OSC, as already discussed, the DI Declaration affirms that Respondent pled guilty to one felony count for attempting to fill a forged controlled substance prescription and agreed with the GBN, among other things, to be placed on probation for a period of two 2
years. Id. at 2.
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D. Respondents Case As already discussed, Respondent submitted a timely Written Statement.
Supra section I. In her Written Statement, Respondent stated that she was responding to the material falsification of renewal applications for . . . her DEA license by writing a
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statement of explanation. 4 RFAAX 3, at 1. Respondent began the explanation by stating that in the year 2008, . . .
she made a very grave mistake which . . . she will forever regret. Id. She elaborated, stating that she wrote a prescription for . . . herself in 2008 on a prescription pad which belonged to . . . her collaborating physician. Id.
The prescription, according to her Written Statement, was for Vicodin which is also known as Hydrocodone 5/
500 mg. Id. She did this, she stated, because . . . she was in severe menstrual pain and could not make it to see . . . her personal physician to prescribe this medication for . . .
her. Id. Respondent wrote that she presented this prescription to a local pharmacy who notified the physician . . . she worked with, and then proceeded to notify the local authorities. Id. She stated that since then . . . she has undergone a lot of emotional stress regarding the risk . . .
she placed . . . her career in. Id.
According to her Written Statement, she pleaded nolo contendere and was sentenced under the first offender act sic and upon completion of . . . her one-year probation was noted not to have a felony conviction. Id. It was based on this understanding, Respondent wrote, that . . . she responded to the questions in . . . her subsequent DEA renewal applications.
Id. Specifically, she admitted that in December of 2011 on . . . her DEA
renewal application, . . . she responded No to liability question 1
with the understanding that . . . she was not guilty of a felony substance control conviction. Id.
Regarding her nursing license, Respondent stated that she answered Yes on the renewal of . . . her GBN
license to the questions regarding a pleading Nolo Contedere sic and was then placed on a two-year probationary period in 2013 which after careful monitoring was lifted in 2013. Id.
According to her Written Statement, she underwent psychological evaluation and testing requested by the . . . GBN
which concluded that . . . she did not have substance abuse problems and was able to practice safely as a nurse. Id.
Regarding the registration renewal applications she submitted, she admitted that, in 2015 and 2018, she answered no to liability question 2
sic with the understanding because at that time . . . her nursing license was no longer under probation. 5 Id.
4 Respondent explicitly requested a waiver of a hearing. RFAAX 3, at 1.
5 Respondent may have meant to refer to Liability question 3, not 2.

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Respondent addressed her three false answers to the first Liability question on the registration renewal applications she submitted in December, 2011, February, 2015, and January, 2018, and her two false answers to the third Liability question on the registration renewal applications she submitted in 2015 and in 2018. Id. She stated that she did not intentionally answer these questions to misrepresent or give false information for . . . her DEA application. Id.
Respondent wrote that she also renewed . . . her Georgia nursing license and when faced with similar questioning has answered yes to . . .
her Nolo Contendere plea with an explanation of the situation. Id. She did not attach documentary evidence to support this assertion.
Respondents Written Statement states that she prescribes medications to patients in . . . her role as a nurse practitioner and that she has practiced as a nurse, and then a nurse practitioner, for the past 25 years. Id.
Respondent stated that she cannot emphasize how sorry . . . she is that . . . she has placed herself in such a position. Id. at 2. She stated that she is a mother of two and a wife, that she has worked hard throughout . . . her life to have a successful career which . . . she placed in jeopardy, and that she is an upstanding member of . . .
her community and church and has never abused any medications. Id. The Written Statement characterizes the circumstances as her unwittingly submitting the wrong responses on . . . her renewal applications, and, instead of a complete revocation of her registration, appeals for a period of either probation or suspension with monitoring and the ability to reapply or renew her registration. Id.
I find substantial record evidence that Respondent admitted, in her Written Statement, to writing a prescription for herself in 2008 on a prescription pad belonging to her collaborating physician. Id. at 1. This wrongdoing by Respondent is not set out in the Governments case. While the Governments case presents evidence of one negotiated guilty plea by Respondent arising from events in 2009, I find substantial record evidence that the Written Statement references a very grave mistake of forgery by Respondent in 2008. Compare RFAAX 4, 316 and id. at 2931 with RFAAX 3, at 1; see also RFAAX 5, at 1 referring to Respondents plea of guilty to the felony criminal offense of Forgery, First Degree in the Superior Court of Douglas County . . . pertaining to her forging prescriptions in 2009 for pain medication for her own use. I further
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