Facts: Respondent Leona Garrison’s license to practice registered nursing was suspended for one year by petitioner Washington State Nursing Board for violating Washington Revised Code §18.88.230, which permits the suspension of the nursing licenses of those found to be distributing drugs for other than legitimate purposes, after police found controlled and legend drugs at her home. Garrison subsequently filed suit in the Superior Court for Snohomish County to appeal the board’s decision. The trial court ordered Garrison’s license reinstated, concluding that Garrison’s actions had not violated §18.88.230. The Washington State Nursing Board appealed this decision to the Supreme Court of Washington.

Question(s): Did Garrison’s removal of drugs from her work to her home constitute distribution of drugs under §18.88.230?

Conclusion: Justice Hamilton’s opinion for a unanimous Court affirmed the trial court’s decision, holding that Garrison’s actions did not constitute distribution of drugs within the meaning of §18.88.230. As no evidence was presented that Garrison had attempted to transfer the drugs to another person after removing them to her home, the Court concluded that she had not violated the terms of §18.88.230 and that the suspension of her nursing license had been improper.

Docket No. 43990

Petitioner: Washington State Nursing Board

(Counsel: Slade Gorton, Wade E. Gano, and John H. Keith)

Respondent: Leona Garrison

(Counsel: Stephen A. Cohen)

Decided: Thursday, May 27th, 1976

Vote: 8-0

Opinion: 87 Wn.2d 195 (1976)

Court: Stafford3 Court (1976)

Stafford

Rosellini

Hunter

Hamilton

Wright

Utter

Brachtenbach

Horowitz

Dolliver