Judges: K. N. AYERS
Agency: Department of Health
Latest Update: Jun. 30, 1977
Summary: Suspend license for twelve months for conduct discrediting the profession and for conduct falling below minimum standards of profession.
76-1223.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA STATE BOARD OF DENTISTRY, )
)
Petitioner, )
)
vs. ) CASE NO. 76-1223
)
LAWRENCE A. HALL, D.D.S., )
Pompano Beach, Florida, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on October 18, 1976 at Ft. Lauderdale, Florida.
APPEARANCES
For Petitioner: L. Haldane Taylor, Esquire
605 Florida Theatre Building
128 East Forsythe Street Jacksonville, Florida 32202
For Respondent: H. T. Maloney, Esquire
Post Office Box 11308
Ft. Lauderdale, Florida 33339
By Accusation filed May 31, 1976, the Florida State Board of Dentistry seeks to revoke, suspend or otherwise discipline the license of Lawrence A. Hall, D.D.S. (Hall or Respondent) to practice dentistry in this state. As ground therefor it is alleged in five counts that Hall, on divers dates between March, 1974 and July, 1975, has been guilty of misconduct in his business or personal affairs in such a manner as to bring discredit upon the dental profession by frequently smoking marijuana and using amphetamines and other controlled drugs in violation of Section 466.24(3)(a) F.S.; has violated the Laws of Florida and the standards of his profession by habitually smoking marijuana, using amphetamines, and other controlled drugs during working hours and performing dental services on patients while under the influence of such drugs, thus rendering himself unfit for the practice of dentistry in violation of Section 466.24(1) F.S.; on divers dates between August, 1974 and July, 1975, has violated the Laws of Florida and the standards of his profession by prescribing or procuring drugs or controlled substances, to wit: Quaalude, Percodan and Eskatrol for the alleged use of Carolyn Price, an employee, which drugs were not dispensed or necessary in the proper practice of dentistry in violation of Section 466.22, 466.24(3)(a) and (n) F.S.; on divers dates between March, 1974 and January, 1975, has violated the Laws of Florida and the standards of his profession by prescribing or procuring drugs or controlled substances to wit: Eskatrol, Quaalude, Dexadrene and Dexamyl for the alleged use of Karen Schellens, an employee, which drugs were not dispensed or necessary
in the proper practice of dentistry in violation of Section 466.22, 466.24(3)(a) and (n) F.S.; and on divers dates between November, 1974 and March, 1975, while at his dental office frequently smoked marijuana in the presence of Bonnie Terhune, a minor and employee of Hall, and did offer marijuana to Bonnie Terhune for her use in violation of Section 466.24(3)(a) F.S.
The Respondent, through his attorney, stipulated that he is properly licensed by the Florida State Board of Dentistry and that the prescriptions contained in Exhibits 1, 2 and 3 were signed by him. It was further stipulated that if the pharmacist who filled the prescriptions were called he would testify that Hall picked up prescriptions numbered 64409, 64410, 68356, 68529, and
70452; that the prescriptions admitted into evidence as Exhibits 1, 2, and 3 were not written for use in the dental profession or in the practice of dentistry, and that prescriptions numbered 42502, 43752, and 146095 were signed by Hall but not written by Hall. Thereafter four witnesses were called by the Petitioner, nine witnesses were called by Respondent, and four exhibits were admitted into evidence. It was stipulated that if called one witness would testify the same as his wife had testified and that if Dr. Gage had been called he would testify that Hall's work is above average and that he, Dr. Gage, is aware of nothing unusual in Hall's actions during the preceding two years.
FINDINGS OF FACT
Dr. Lawrence A. Hall is licensed by the Florida State Board of Dentistry and the Hearing Officer has jurisdiction over the Respondent and the offenses alleged.
During the time periods alleged Respondent smoked marijuana in the office after office hours in company with employees including a 16-year-old employee.
During the time periods alleged Respondent wrote numerous prescriptions in the names of employees for controlled substances or drugs to be used for his personal use or for the use of his wife or friends.
These drugs consisted of Eskatrol, Dexadrine, Dexamyl, Percodan, and Quaalude and were taken by Hall during office hours while he was performing work on dental patients.
Some of these drugs made Respondent nervous and irritable and adversely affected his practice of dentistry.
During the period between March, 1974 and July, 1975 Hall habitually used controlled substances add drugs.
On many occasions he would be late getting to the office for morning appointments and late returning from lunch for afternoon appointments. Occasionally he would fail to come to the office at all and scheduled appointments would have to be cancelled - usually after the patient had appeared for the appointment.
Hall wrote prescriptions for his wife and for his employees for controlled substances and drugs for uses not related to the practice of dentistry. These drugs consisted of amphetamines, Quaalude, and Percodan, and were often picked up from the pharmacy by one of his office employees not named in the prescription.
Hall knew that his federal narcotics license did not authorize him to write prescriptions for drugs not intended for use in the practice of dentistry.
Amphetamines are listed as Class II controlled substances in Chapter 893 F.S.
On one occasion, while treating a small child, Hall became exasperated, threw a syringe across the room, then ran out of the office to jog around the adjacent shopping center for about 15 minutes to regain his composure.
On another occasion a patient reacted adversely to an anesthetic and was thereafter properly treated by Hall to restore her breathing to normal. The dental procedure for which the anesthetic was given was then performed satisfactorily. The patient involved remained a patient of Hall until she moved to a location too far away to continue to use Hall as her dentist. She was satisfied with the dental treatment received from Hall.
Hall sought help in his personal and drug related problems from his minister.
No evidence was presented that Hall performed unsatisfactory dental work. To the contrary, all evidence presented in this regard was to the effect that Hall's dental work was above average.
At the time of the hearing and for some months prior thereto Hall was not taking drugs.
CONCLUSIONS OF LAW
Section 466.24 F.S. provides in pertinent part that the Board shall revoke the license of any dentist when it is established that he:
"(1) Is a habitual user of intoxicants or drugs... thus rendering him unfit for the practice of dentistry....
(3) Has been guilty of:
(a) Misconduct either in his business or in his personal affairs which would bring discredit upon the dental profession."
Section 466.22 F.S. provides:
"A dentist shall have the right to prescribe drugs or medicine, perform such surgical operations, administer general or local anesthetics, and use such appliances as may be necessary to the proper practice of dentistry."
Prescribing drugs not to be used in the practice of dentistry violates Chapter 893 F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act.
Pertinent provisions of Chapter 893 F.S. defines practitioner to include a dentist and Section 893.05 F.S. provides in pertinent part:
"(1) A practitioner, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or he may cause the same to be administered by a licensed nurse or an intern practicing under his direction and supervision only."
Section 893.13 F.S. makes it unlawful and a felony in the second degree punishable by imprisonment for a term not to exceed 15 years, for any person to sell, manufacture or deliver a controlled substance, except as authorized by this chapter.
As a dentist Hall had authority to prescribe controlled substances only for use in the practice of dentistry. When he wrote prescriptions for his own use and for the use of his wife, employees, and friends, and not in the course of his dental practice he violated the above noted provisions of Chapters 893 and 466 F.S.
Unlawfully delivering or selling controlled substances similar to those here involved constitutes a felony in the second degree. Knowingly violating the drug abuse statute is an offense involving moral turpitude and of a nature to bring discredit to the dental profession. The authority to write the prescription here involved is an integral part of Respondent's license to practice dentistry. Using this authority in an unlawful manner constitutes conduct of a nature to bring discredit on the dental profession.
With respect to the allegation that when Hall performed dental work on patients while under the influence of drugs, such conduct was of a nature to bring discredit on the dental profession, the evidence was unrebutted that Hall worked on patients while under the influence of these drugs. During the times alleged Respondent was a habitual user of "speed" drugs. Although no evidence of "bad" dental work was presented the behavior of Respondent while working on a patient in throwing a syringe then running out of the office and jogging around the shopping center for 15 minutes can certainly be described as bizarre. The evidence of irritability, "shaking" hands, and being "up-tight" while working on patients, which characteristics resulted from the taking of drugs, demonstrates conduct of a nature to bring discredit on the dental profession.
Smoking marijuana in the presence of a 16-year-old female employee and offering marijuana to this employee, which she accepted and smoked, is an offense of contributing to the delinquency of a minor and constitutes conduct of a nature to bring discredit on the dental profession. The fact that the minor had previously smoked marijuana is not a defense to this charge any more than would previous unchaste character on the part of the minor be a defense to carnal intercourse with said minor. From the foregoing it is concluded that Lawrence A. Hall D.D.S. is guilty of Counts I through V of the Accusation as alleged. It is therefore,
RECOMMENDED that the license of Lawrence A. Hall D.D.S. to practice dentistry in this State be suspended for a period of twelve (12) months.
DONE and ENTERED this 25th day of January, 1977, in Tallahassee, Florida.
N. AYERS Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
COPIES FURNISHED:
Haldane Taylor, Esquire H. T. Maloney, Esquire 605 Florida Theatre Building Post Office Box 11308
128 E. Forsythe Street Ft. Lauderdale, Florida 33339 Jacksonville, Florida 32202
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DIVISION OF PROFESSIONS
DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION BOARD OF DENTISTRY
FLORIDA STATE BOARD OF DENTISTRY,
Petitioner,
vs. CASE NO. 76-1223
LAWRENCE A. HALL, D.D.S.,
Respondent.
/
FINAL ORDER
Pursuant to notice this cause came before the Florida State Board of Dentistry [hereafter the Board] on March 5, 1977, in Pensacola, Florida, for consideration by the Board of the Recommended Order entered by K. N. Ayers, Hearing Officer, Division of Administrative Hearings, on January 25, 1977 [hereafter the Recommended Order]. Respondent, represented by counsel, appeared before the Board. After determining that no exceptions had been filed with respect to the Recommended Order, and after reviewing the complete record accompanying the Recommended Order, and considering the statements offered by Respondent, the Board by majority vote, adopted the findings of fact contained in the Recommended Order attached hereto as Exhibit A and incorporated herein as the findings of fact of the Board with the following modifications:
Paragraph 14 of the findings of fact is amended to state:
No evidence was presented that Hall performed unsatisfactory dental work. To the contrary, all evidence presented in this regard was to the effect that Hall's dental work was above average. The evidence presented was based only on examinations of dental work performed by Hall prior to the period of misconduct.
Paragraph 16 is added to the findings of fact, stating:
No competent and substantial evidence was presented to show that Hall had used con- trolled substances or drugs pursuant to the prescription or advice of a treating phy- sician.
The Board also adopted the conclusions of law contained in the Recommended Order as the conclusions of law of the Board.
Based on the foregoing findings of fact and conclusions of law, the Board found Lawrence A. Hall, D.D.S., guilty of Counts I through V as alleged in the Accusation and as is concluded in the Recommended Order. Therefore, it is ORDERED:
That the license to practice dentistry of Lawrence A. Hall, D.D.S., be suspended for a period of five years effective this date; and
That after 180 days of operation, the suspension will be cancelled and for the re- maining portion of the five year period Respondent will be placed on probation and subject throughout that period to periodic peer review of his work.
That prior to resuming the practice of dentistry, and annually thereafter for the period of his probation Respondent is re- quired to obtain a complete psychological profile from the J. Hillis Miller Health Center, University of Florida, or from the University of Miami, Miami, Florida.
That Dr. Hall will voluntarily surrender his narcotics license to the Federal Drug Enforcement Agency for the five years suspen- sion period.
DONE and ORDERED this 14th day of April, 1977, in Tallahassee, Florida.
J. C. GWYNN, JR., D.D.S., CHAIRMAN, BOARD OF DENTISTRY
Docket for Case No: 76-001223
Orders for Case No: 76-001223
| Issue Date |
Document |
Summary |
|
Apr. 14, 1977 |
Agency Final Order
|
|
|
Jan. 25, 1977 |
Recommended Order
|
Suspend license for twelve months for conduct discrediting the profession and for conduct falling below minimum standards of profession.
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