STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF DENTISTRY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1446

)

STEVEN S. RINDLEY, D.D.S. )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above styled cause in Room 360, State Office Building, 1350 N. W. 12th Avenue, Miami, Florida, in February 16, 1977 before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This cause came on to be heard upon an Administrative Complaint filed against Dr. Steven S. Rindley, D.D.S., by the Florida State Board of Dentistry alleging that Dr. Rindley had been guilty of misconduct either in his business or in his personal affairs which would bring discredit upon the dental profession contrary to the pro- visions of Section 466.24(3)(a), Florida Statutes.

ISSUE

Whether Steven S. Rindley, D.D.S., on March 12, 1976 did remove the clothing of Tracey Ford in his dental office while she was a patient of his and did commit sexual acts upon Tracey Ford by touching her breast and vaginal area with his hand and fingers and by inserting his penis in her mouth without her consent and while she was under the influence of nitrous oxide gas in violation of Florida Statutes, Section 466.24(3)(a).

APPEARANCES

For Petitioner: L. Haldane Taylor Esquire

2516 Gulf Life Tower Jacksonville, Florida 32202

For Respondent: Stephen I. Mechanic, Esquire

Stephen Golstein, Esquire

508 Metropolitan Justice Building 1125 Northwest 12th Street

Miami, Florida 33161 FINDINGS OF FACT

1. It was stipulated that Dr. Steven S. Rindley is a dentist licensed by the Florida State Board of Dentistry holding License Number 4795.

   
   

2. On the Evening of March 12, 1976 in Dr. Steven S. Rindley's professional offices, Dr. Rindley did engage in sexual foreplay with Tracey Ford

   and did commit an act of fellatio with Tracey Ford who had come to Dr. Rindley's office for the treatment of a toothache.

   
   

3. After the office staff had been dismissed for the evening, Dr. Rindley began kissing Tracey Ford, and proceeded to other forms of sexual foreplay with her when she returned his advances.

   
   

4. On the aforesaid evening, Dr. Rindley did personally inhale nitrous oxide in the presence of Tracey Ford.

   
   

5. The only relevant, important disagreement in the testimony as to the events of March 12, 1976 was whether the sexual foreplay and act of fellatio were with or without the consent of Tracey Ford. In this regard substantial testimony was received regarding the effects of nitrous oxide on an individual, and specifically the effects of nitrous oxide on Tracey Ford. It is clear from that evidence that Tracey Ford's responses were affected by the nitrous oxide in an unusual manner which Dr. Rindley could not have predicted or, at the time, have been aware. By Tracey Ford's conduct on the evening of March 12, 1976, Dr. Rindley had every reason to believe that Tracey Ford had normal cognitive ability, and control of her senses and bodily functions, however, her perceptive ability was disturbed as a result of a personality or character quirk of which she and Dr. Rindley were unaware which was unmasked by the nitrous oxide. Therefore, while Tracey Ford was uninhibited in her conduct, she was so uncertain of her perception of the reality of her conduct or of Dr. Rindley's conduct, that she did not protest. Therefore, Tracey Ford was physically responsive to Dr. Rindley's advances and yet at the same time, unwilling to participate in sexual relations with him.

   
   

6. Because she did not protest and was responsive to his advances, Dr. Rindley did not knowingly take advantage of Tracey Ford. Because no one could have predicted Tracey Ford's unusual behavior, Dr. Rindley did not take advantage of his position as a dentist administering nitrous oxide to Tracey Ford.

   
   

   CONCLUSIONS OF LAW

   
   

7. Dr. Rindley is charged with misconduct in his business or in his personal affairs which would bring discredit upon the dental profession contrary to the provisions of Section 466.24(3)(a), Florida Statutes. With regard to the factual allegation that Dr. Rindley engaged in sexual relations with Tracey Ford without her consent, the evidence clearly indicates that Dr. Rindley, in fact, did believe and had reason to believe that Tracey Ford willingly participated in sexual relations with him. While this mitigates against the charge that he had sexual relations with Tracey Ford without her consent, it does not excuse the fact that Dr. Rindley initiated his conduct under such conditions of time and place that it gave rise to charges of sexual misconduct by his patient. The testimony of various physicians and dentists testifying at the hearing indicates that all doctors and dentists must be aware of and protect themselves from such allegations. Contrary to this generally accepted standard, Dr. Rindley not only compromised his position by treating a patient of the opposite sex in his office while alone, but by initiating sexual advances toward his patient. His conduct in this regard is not a question of criminality or morality but one of professionalism in the conduct of his business.

   
   

8. Likewise, in choosing to inhale nitrous oxide in the presence of a patient, Dr. Rindley also diminished the confidence of the patient in his professionalism which reflects adversely upon the profession as a whole.

9. By virtue of having initiated sexual advances and having had sexual relations with a patient on his professional premises and by having inhaled nitrous oxide in the presence of a patient, Dr. Steven S. Rindley is guilty of misconduct in his business affairs which would bring discredit upon the dental profession contrary to the provisions of Section 466.24(3)(a), Florida Statutes.

RECOMMENDATION

In considering a recommended penalty in this case, consideration has been given to four primary factors in mitigation, as follows:

1. Dr. Rindley did believe that Tracey Ford was a willing participant in the sexual relations which he had with her on the evening of March 12, 1976;

   
   

2. Dr. Rindley was criminally prosecuted for sexual assault and acquitted of said offense; and

   
   

3. As a result of his conduct, Dr. Rindley has been effectively forced out of the practice of dentistry and suffered the loss of his patients since August 31, 1976.

   
   

4. Dr. Rindley understands the nature and gravity of his error in judgment.

Because Dr. Rindley thought that Tracey Ford was a knowing and willing participant in their sexual relations, the issue involved becomes one of poor professional judgment as opposed to criminal conduct. The criminal prosecution and the loss of his professional practice have graphically demonstrated in part the consequences of that error in judgment. As a result of these events, Dr.

Rindley understands in part the nature of his error. Therefore, it is recommended that the license to practice dentistry of Steven S. Rindley, D.D.S., be suspended for a period of one year from the date of August 31, 1976.

DONE and ORDERED this 18th day of March, 1977, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

L. Haldane Taylor, Esquire 2516 Gulf Life Tower Jacksonville, Florida 32202 Counsel for Petitioner

Stephen I. Mechanic, Esquire Stephen Golstein, Esquire

508 Metropolitan Justice Building 1125 N. W. 12th Street

Miami, Florida 33161

Docket for Case No: 76-001446

Orders for Case No: 76-001446