STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF ) OSTEOPATHIC MEDICAL EXAMINERS, )

)

Petitioner, )

)

vs. ) CASE NO. 78-327

)

JEROME E. SCORZELLI, D.O., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on March 27, 1978 in Miami, Florida.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

Roberts, Miller, Baggett & LaFace

101 East College Avenue Post Office Box 1752 Tallahassee, Florida 32302

For Respondent: Jerome E. Scorzelli, D.O.

2050 Northeast 163rd Street North Miami Beach, Florida 33162

The Florida State Board of Osteopathic Medical Examiners (herein sometimes called the Board) seeks to revoke, suspend, annul or withdraw the license of Jerome E. Scorzelli, D.O. (herein sometimes called the Respondent) based on allegations contained in its administrative complaint dated February 8, 1978.

FINDINGS OF FACT

Based on the testimony of the witnesses and their demeanor while testifying and the entire record filed herein, the following relevant facts are found.

1. Respondent, Jerome E. Scorzelli, is licensed by the Board to practice osteopathic medicine and is the holder of license no. 3203.

   
   

2. Documentary evidence introduced by a final order of the Board issued October 24, 1977 made findings of fact and conclusions of law to the effect that Respondent issued approximately 14 prescriptions for demerol and obtained said drug without good faith and not in the course of his professional practice within the months of August - November, 1976. That order found as a matter of law that Respondent unlawfully distributed and dispensed controlled substances as described in Chapter 893.03, F.S., and performed acts prohibited by Section 893.05, Florida Statutes, and as such violated Chapter 459.14(2)(m) and (n),

   Florida Statutes. In that order the Board ordered a suspension of the Respondent's license to practice osteopathic medicine in the state and all rights and privileges granted thereunder for a period of five years commencing October 15, 1977. However, the Board ruled that if Respondent satisfied five enumerated conditions the Board would hold the imposition of the suspension in abeyance as long as such conditions continued to be satisfied. If during the five year period of suspension the Board in its discretion determined that any or all such conditions stated in the order were not fully met and complied with, imposition of such suspension would immediately and automatically be imposed for the duration of the five year period of suspension. (See Petitioner's Composite Exhibit no. 2). Thereafter, on February 8, 1978, the Board issued the subject administrative complaint alleging that on November 19, 1977, in Broward County, Florida, Respondent unlawfully aided, abetted, counselled, hired, or otherwise procurred the commission of a criminal offense against the State of Florida to wit: uttering a forged or fraudulent prescription, said criminal offense being committed by Mitchell Paulson in that Mitchell Paulson did acquire or obtain or attempt to acquire or obtain possession of a controlled substance, to wit: Pethidinex (moperidine), commercially known as demerol, by misrepresentation, fraud, forgery, deception, or subterfuge, in that the said Mitchell Paulson, at the direction of Dr. Scorzelli and with Dr. Scorzelli's assistance did knowingly utter to Melvin S. Silver, a false or forged prescription contrary to Chapters 893.03(2)(b)14, 893.13(3)(a)(1) and (b), and 777.011, Florida Statutes. /1

   
   

3. Melvin S. Silver, a pharmacist registered in this state for approximately 16 years and the owner of Baron's Pharmacy in Broward County, testified that on November 19, 1977, a customer tendered him a prescription for two vials of demerol. Messr. Silver became suspicious of the prescription in that it appeared to be over correct since doctors usually do not write out in longhand, the drugs requested on prescriptions. For this reason, Messr. Silver checked with his delivery boy who confirmed that the address noted on the prescription was an incorrect address. The combination of these factors prompted Messr. Silver to call the doctor who he did not know and reached an answering service. He requested the answering service to contact the Respondent such that he could verify whether the prescription was issued by him. The answering service assured Messr. Silver that she would check with the doctor and have him to return the call. Within a few minutes Messr. Silver received a call from a person identifying himself as Dr. Scorzelli and advised that it was o.k. to fill the "Verdi" prescription. Messr. Silver, still not satisfied that the prescription was legitimate, again called the answering service and was assured by the person he spoke to that the service had contacted Dr. Scorzelli. Messr. Silver testified that suspicion still remained in his mind inasmuch as the person who called identifying himself as Dr. Scorzelli voice sounded young and was slurred. He called the Broward County Police and gave the description of that person who later turned out to be Mitchell Paulson who had given him the prescription. Paulson left out the side entrance and while so doing, detectives William Mattingly and James Harn, special detectives working in the organized crime and drug enforcement unit, apprehended Paulson in front of Baron's Drugs. At about the same time, they noted Dr. Scorzelli sitting outside in a Lincoln Continental who identified himself as Dr. Scorzelli. Detective Mattingly testified that, as is customary in these cases, the department attempts to verify the authenticity of such prescriptions by obtaining statements from the doctor that either his prescription pad was stolen or that the prescription was otherwise forged. Dr. Scorzelli refused to provide such a statement however he did appear with his attorney approximately three days later and signed a statement to the effect that the prescription was not authored by him. Detectives Mattingly and Harn obtained authorization from the State Attorney's office to receive the tolls for Dr. Scorzelli's mobile phone in his automobile

   which reveals that two calls were made from his mobile phone to his answering service and Baron's Drugs during the time frame in which Paulson was attempting to pass the prescription in Baron's Drugs.

   
   

4. The Respondent gave a statement as to the ordeal he has undergone within the past six months and that he was in the process of filing bankruptcy since he had been unable to practice medicine for approximately six months. He testified that there were no malpractice suits filed against him and he is not a danger to the public. He confirmed that he is presently undergoing psychiatric counseling as he is obliged pursuant to the Board's final order of October 24, 1977.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

   
   

6. The parties were noticed pursuant to the notice provisions of Chapter 120.57(1), Florida Statutes.

   
   

7. The authority of the Board is derived from Chapter 459, Florida Statutes.

   
   

8. Based on the foregoing findings of fact, competent and substantial evidence was offered to establish that the Respondent, Jerome E. Scorzelli, D.O. on November 19, 1977 unlawfully aided and/or assisted Mitchell Paulson in his attempt to utter a forged or fraudulent prescription in an attempt to acquire or obtain possession of a controlled substance contrary to Sections 893.03(2)(b)14, 893.13(3)(a)(1)(b) and 777.011, Florida Statutes, which conduct constitutes violations of Sections 459.14(2), Florida Statutes.

   
   

9. Based on the foregoing and the documentary evidence submitted herein, the evidence reveals that the Respondent is engaging in a continuous course of conduct violative of Sections 459.14(2)(m) and (n) which amounts to violations of Sections 459.14 (2)(g), (h), (j), (k), (m) and (n), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Respondent's license to practice osteopathic medicine in the State of Florida be suspended for a period of 5 years.

RECOMMENDED this 30th day of May, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

ENDNOTE

1/ Based on Respondent's prior conduct as forth in the Board's final order dated October 24, 1977, and the more recent allegations of November, 1977, the Board pursuant to Chapters 120.60(6) and 120.54(9), Florida Statutes, found that immediate serious danger to the public health, safety and welfare required an emergency suspension of the license of Respondent and so ordered on January 13, 1978.

COPIES FURNISHED:

Dr. Jerome E. Scorzelli, D.O. 7265 North Oakmar Drive Hialeah, Florida

Ronald C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida 32302

Diane Baldwin Executive Director Florida State Board of

Osteopathic Medical Examiners 2009 Apalachee Parkway

Suite 200

Tallahassee, Florida 32301

Docket for Case No: 78-000327

Orders for Case No: 78-000327