and 893.05, Florida Statutes, concerning Respondent's issuance of prescriptions for certain controlled substances in the course of his professional practice as an osteopath in the State of Florida. On the basis of these allegations, Petitioner seeks the revocation, annulment, withdrawal, or suspension of Respondent's license to practice osteopathic medicine. In response to Petitioner's allegations, Respondent filed a request for a formal hearing pursuant to Section 120.57, Florida Statutes, on or about November 21, 1977. By letter dated November 22, 1977, Petitioner requested the appointment of a Hearing Officer from the Division of Administrative Hearings to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes. Final hearing in this cause was scheduled for August 31 and September 1, 1978 by Notice of Hearing dated July 10, 1978.
At the final hearing, Petitioner called Nancy Pickens, Gail Jackson, Dr.
Bobby R. Haley, Dr. Jerome H. Koser, and George Chapman as its witnesses. Petitioner offered Petitioner's Exhibits 1 through 18, inclusive, all of which were received into evidence. Certain tape recordings which were marked for identification as Petitioner's Exhibits 19 through 27, inclusive, were not admitted into evidence in that it appeared from the record that these recordings
were obtained in violation of Chapter 934, Florida Statutes. Respondent called Dr. Charles A. Nicholas, Dr. Richard Rotella, Dr. Gerald Peter Sierchio, Dr.
Peter G. Fernandez, William K. Stewa, Rose Marie Perlman, G. E. Ashurst, and Wuneta C. Trangas as his witnesses. In addition, Respondent testified in his own behalf. Respondent offered Respondent's Exhibit No. 1, which was received into evidence.
In the course of the final hearing conducted in this cause, Petitioner voluntarily dismissed Counts III, VI, VIII, X, XII, XIV and XIX of its complaint.
At all times material hereto, Respondent, Joseph J. Godorov, was licensed in the State of Florida to practice osteopathic medicine, and held license No. 2319.
In the course of his practice, Respondent treated a patient known to him as "Cindy Jeffords", who was, in reality, Gail Jackson, an undercover police officer from the City of St. Petersburg Police Department. In a period from April, 1977 through August, 1977, Officer Jackson made a total of nine visits to Respondent's office. These visits occurred on April 27, 1977; May 13, 1977; May 27, 1977; June 14, 1977; June 28, 1977; July 19, 1977; July 26, 1977; August 2, 1977; and August 26, 1977. On each such occasion, Respondent issued a prescription for thirty 300 milligram tablets of a substance known as "Methaqualone", or "Quaalude", a controlled substance by virtue of the provisions of Section 893.03, Florida Statutes.
Officer Jackson's first office visit with Respondent occurred on April 27, 1977. At that time, she was required to complete a "registration slip" and sign a "consent for treatment" form. In addition, she was weighed, and Respondent took her pulse, heartbeat, blood pressure, and inquired concerning prior surgery and any allergies from which she suffered. Officer Jackson advised Respondent that she had moved to Florida from Georgia; that she was experiencing trouble sleeping; that while in Georgia she had been taking 10 Quaaludes per week, and had been treated in Stone Mountain, Georgia by a "Dr. Callahan". Each of these statements was untrue. Upon closer questioning by Respondent, Officer Jackson admitted that she wanted Respondent to write a prescription for Quaaludes for her so that she might use them to "get high". She made no specific medical complaint other than that she had experienced "trouble sleeping". Respondent then wrote a prescription for thirty 300 milligram Quaaludes for Officer Jackson. In fact, the physical examination performed on Officer Jackson by Respondent on this first visit, consisting of checking the patient's heartbeat and blood pressure, occurred after he had written the prescription.
Officer Jackson later called Respondent's office and arranged a second appointment for May 13, 1977. Respondent again took the patient's heartbeat and blood pressure and wrote a second prescription for thirty 300 milligram Quaaludes. On this second visit, the patient made no physical or medical complaints, and Respondent performed no examination other than to listen to her heartbeat and take her blood pressure. Respondent specifically inquired of the patient whether she was using the medication to "get high", to which she replied in the affirmative.
Upon leaving Respondent's office on the occasion of her second visit, Respondent's receptionist, without Officer Jackson's request to do so, arranged a subsequent appointment for her for May 27, 1977.
Officer Jackson returned to Respondent's office on May 27, 1977, at which time Respondent again took her heartbeat and blood pressure. Officer Jackson made no medical or physical complaints, and Respondent made no inquiry in this regard. Respondent did, however, write a third prescription for thirty
300 milligram Quaaludes for the patient. Before Officer Jackson left Respondent's office on this occasion, Respondent advised her to stay happy and not to get too high."
Officer Jackson next visited Respondent's office on June 14, 1977. Respondent checked her heartbeat and blood pressure and again wrote the patient an identical prescription for Quaaludes, despite the fact that the patient made no complaints of medical problems.
Officer Jackson returned to Respondent's office on June 28, 1977. She advised Respondent that she was out of Quaaludes, and, upon being advised that Respondent was going on vacation, told Respondent that she would have to "stock up" since he was going to be out of his office for a couple of weeks. Officer Jackson also advised Respondent during this visit that she had been giving Quaaludes which Respondent had prescribed for her to a friend "to party on", and that she would be sending her friend in to see Respondent to get his own prescription. Respondent then wrote a fifth prescription for thirty 300 milligram Quaaludes for Officer Jackson, despite the absence of any physical complaints.
Officer Jackson was again in Respondent's office on July 19, 1977, at which time she advised Respondent that she was out of Quaaludes, and he wrote a prescription for her identical to those written on her earlier visits. Respondent took Officer Jackson's blood pressure and heartbeat, and scheduled her for an appointment seven days later.
Officer Jackson returned to Respondent's office on July 26, 1977. Respondent again wrote for her a prescription for thirty 300 milligram Quaaludes. On this visit, Respondent did not inquire whether the patient was out of the drug, or whether she needed additional medication. Again, Respondent took the patient's heartbeat and blood pressure.
Officer Jackson's next visit to Respondent's office occurred on August 2, 1977. Respondent took the patient's blood pressure and heartbeat and, when advised that she was out of Quaaludes, wrote another prescription for thirty tablets. During this visit, a conversation took place between Officer Jackson and the Respondent concerning "partying on Quaaludes".
The last visit made by Officer Jackson to Respondent's office occurred on August 26, 1977. During the course of this visit, a conversation took place between Officer Jackson and Respondent concerning the use of Quaaludes in heightening her sensitivity during sexual intercourse. Despite the fact that the patient did not request the prescription or make any complaint of illness, Respondent again wrote a prescription for her for thirty tablets of Quaaludes.
On August 9, 16 and 23, 1977, a patient known to Respondent as "Jerry Coats" who was in reality George Chapman, an undercover detective with the City of St. Petersburg, Florida, Police Department, visited Respondent's office. During Officer Chapman's initial visit on August 9, 1977, Respondent obtained a
cursory medical history, during the course of which Officer Chapman advised him that he was suffering from no medical problems but had been referred to Respondent by a friend in order to obtain a prescription for Quaaludes.
Although Respondent checked Officer Chapman's blood pressure, weighed him, and administered an injection for "vitamin deficiency", he wrote a prescription for thirty 300 milligram Quaaludes for Officer Chapman before performing either of these procedures. At no time during this initial visit did Officer Chapman make any complaint to Respondent concerning physical ailments of any nature, although Respondent detected that Officer Chapman's pulse was elevated. As Officer Chapman was leaving Respondent's office, Respondent's receptionist scheduled an appointment for him for August 16, 1977, without any request from the patient for such an appointment.
Officer Chapman returned to Respondent's office on August 16, 1977. When Officer Chapman advised Respondent that he hadn't found that the Quaaludes "were that good" Respondent advised him to take an extra one or one-half tablet, or to mix the drug with "a little alcohol" in order to get "sky high". Respondent took the patient's blood pressure, administered another injection, and wrote a second prescription for thirty 300 milligram Quaaludes.
Officer Chapman returned to Respondent's office on August 23, 1977. Respondent inquired whether the patient had been to any "wild parties" and then issued a third prescription for thirty 300 milligram Quaaludes, prior to taking the patient's heartbeat and blood pressure. Again, the patient made no complaints of illness.
Quaalude is a controlled substance which is classified as a "hypnotic", and is prescribed primarily as a sleeping medication. Under the circumstances present in this case, as reflected in the factual findings herein- above set forth, the issuance of the various prescriptions by Respondent to Officers Jackson and Chapman did not conform to the minimal standards of acceptable and prevailing osteopathic medical practice in the St. Petersburg, Florida area. This conclusion is based specifically on Respondent's failure to take a detailed medical history of either of the patients; his issuance of the prescriptions notwithstanding the absence of any specific and consistently maintained physical complaints; and the affirmative representations by both patients to Respondent that their only purpose for seeking and using the prescribed medication was to "party" and "get high".
Respondent has practiced osteopathic medicine since 1959 and enjoys a good reputation for moral character, truth and veracity, as well as good patient care. In fact, Respondent is held in high esteem by each of those patients called to testify in his behalf at the final hearing.
Both Petitioner and Respondent have submitted Proposed Findings of Fact in this proceeding. To the extent that proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this order, they have been specifically rejected as being either irrelevant to the issues in this cause, or as not having been supported by the evidence.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57, Florida
Section 459.14(2)(m), Florida Statutes, provides that the State Board of Osteopathic Medical Examiners may suspend or revoke the license or restrict the practice of any licensee upon:
A finding by the Board that the individual is guilty of immoral or unprofessional con- duct. Unprofessional conduct shall include
any departure from, or failure to conform to, the minimal standards of acceptable prevailing osteopathic medical practice, without regard to the injury of a patient, or the committing of any act contrary to honesty, whether the same is committed in the course of practice
or not. [Emphasis added].
Section 459.14(2)(n), Florida Statutes, provides that the State Board of Osteopathic Medical Examiners may revoke or suspend the license or restrict the practice of any licensee for:
Violation of any statute or law of this state or any other state or territory of the
United States or of any foreign country, which statute or law relates to the practice of medicine.
Section 893.05(1), Florida Statutes, provides that:
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 . . .
"Methaqualone", or "Quaalude", is listed in Section 893.03(3)(a)(1), Florida Statutes, as a "controlled substance".
It is manifest from the record in this cause that Respondent has violated the provisions of Section 459.14(2)(m), Florida Statutes, based upon the Findings of Fact hereinabove set forth, in that he departed from, or failed to conform to, minimal standards of acceptable and prevailing osteopathic medical practice in the prescription of Methaqualone, or Quaaludes, to Officers Jackson and Chapman.
It is also apparent that Respondent has violated Section 893.05(1), Florida Statutes, by virtue of the Findings of Fact contained in this Recommended Order in that the prescriptions given to Officers Jackson and Chapman were not issued "in good faith". Although there is no statutory definition of "good faith" contained in Chapter 893, Florida Statutes, that phrase is construed, as a matter of law, within the context of this proceeding, to include only those prescriptions that are medically indicated to be necessary or advisable, based upon a reasonably complete medical history and/or a reasonably thorough physical examination of the patient.
By virtue of his violation of Sections 459.14(2)(m) and 893.05(1), Florida Statutes, Respondent has also violated Section 459.14(2)(a), Florida
