Judges: ARNOLD H. POLLOCK
Agency: Department of Business and Professional Regulation
Latest Update: May 08, 1990
Summary: Doctor was shown unable to practice medicine safely due to alcohol abuse and should have license restricted.
82-1954STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICAL ) EXAMINERS, )
)
Petitioner, )
)
vs. ) CASE NO. 82-1954
)
MAXINE ROWLAND, M.D., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held before Arnold H. Pollock, Hearing Officer with the Division of Administrative Hearings, at 10:30
on January 10, 1983, in Room 411, Richard P. Daniel Building, Jacksonville, Florida. The issue for determination at the hearing was whether the Respondent's license as a medical doctor should be suspended or revoked, or whether other disciplinary action should be taken against her under the laws of the State of Florida for the reasons set forth in the Administrative Complaint dated June 30, 1982.
APPEARANCES
For Petitioner: Charlie L. Adams, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: Maxine Rowland, M.D., pro se
4904 Empire Avenue
Jacksonville, Florida 32207 INTRODUCTION
By an Administrative Complaint dated June 30, 1982, Respondent, Maxine Rowland, M.D., was charged with a violation of Section 458.331(1)(s) , Florida Statutes, by being unable to practice medicine with reasonable skill and safety to patients by reason of the use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition.
In support of the allegations in the complaint, the Petitioner presented the live testimony of an investigator for the Department of Professional Regulation and the testimony by deposition of a physician who treated the Respondent during her period of incapacitation. Exhibits 1 through 5 were received into evidence on Petitioner's behalf. Respondent testified on her own behalf.
FINDINGS OF FACT
Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:
Dr. Maxine Rowland (formerly Maxine Moody) was licensed to practice medicine in the State of Florida under license No. ME0013726, issued on August 30, 1968, by the State Board of Medical Examiners of Florida after graduation from medical school at the University of Florida on June 18, 1967, and an internship at Cincinnati General Hospital from June 28, 1967, to June 28, 1968.
Dr. Rowland was married to another physician, John Henry Rowland, Jr., in Pompano Beach, Florida, on June 14, 1969, and does not appear to have practiced medicine, thereafter choosing instead to pursue a career as wife and mother. Her license subsequently went inactive on December 31, 1978. In 1981, she requested her license to be reactivated; and at the time of the hearing, her license was in full force and effect.
Respondent's husband died in 1975, leaving her with three children whom she continued to rear until she was overcome by extreme fear and depression arising out of a delayed reaction to her husband's death. As a result, she began to drink alcoholic drinks excessively and ultimately placed herself in the hands of a psychiatrist who, in the course of treatment, prescribed drugs for her.
The combination of drugs and alcohol reacted adversely on her. She was admitted to the St. Johns River Hospital on five different occasions between May, 1981, and February, 1982. In addition, she was involuntarily committed to the impaired Physician's Program at South Miami Hospital in November, 1981, and was also treated involuntarily at Ridgeview Clinic in Georgia in February, 1982. Both admissions were for psychiatric disorders due to alcohol or drug abuse.
She was diagnosed as suffering from a schizophrenic reaction (acute and chronic) which manifested itself in a lack of insight, poor judgment, suspicion, and alleged violent behavior, while admitted to Ridgeview.
During the course of her treatment at the St. Johns River Hospital during the period May, 1981, through February, 1982, Dr. David W. Cheshire, a board eligible psychiatrist, worked with her and concluded that Dr. Rowland suffered from a depressive reaction and alcoholism, as well as a manic- depressive psychosis and symptoms of acute, chronic, schizophrenic reaction. She was paranoid, delusional, and her ability to function had deteriorated, as had her personal hygiene. She was agitated, anxious, and confused.
Though Dr. Cheshire did not file a formal complaint with the Department of Professional Regulation concerning Dr. Rowland; during the course of a conversation with a Department of Professional Regulation representative about another matter, he indicated that before she was permitted to return to the practice of medicine, she should be evaluated further because she was mentally ill and incapable of practicing medicine.
On December 23, 1982, at the direction of the Secretary of the Department of Professional Regulation, Dr. Rowland was evaluated by Dr. Ernest
C. Miller, a psychiatrist on the staff of the University Hospital of Jacksonville. Dr. Miller concluded, after examination, that she currently exhibits a hypomanic mood with verbal pressure, some hostility, and defensiveness as a result of this proceeding and a trend, short of being delusional, toward persecutory ideation. This constitutes an atypical, bipolar
disorder which, he feels, should not, alone, deprive her of her medical license. He recommends that she be permitted to work as a physician under Supervision conditioned upon her receiving continued psychiatric counseling. In Dr.
Miller's opinion, Dr. Rowland has the potential for positive contribution in the field of medicine; and with a successful combination of a structured medical environment and treatment, she can be rehabilitated.
Dr. Rowland alleges she has not had any alcohol for at least nine months, and this allegation was repeated to Dr. Miller. There is no evidence to the contrary.
Dr. Rowland further alleges that during her illness, her children and her funds were taken from her by her father under a power of attorney she gave him at the time. Using that power, he converted all of her funds to the names of her children, and she is presently without funds.
Dr. Rowland indicates she has been quite active over the past few months in drug and alcohol abuse work on a voluntary basis and has also felt totally well since she is no longer under the care of psychiatrists whom she blames primarily for her condition. She intends, when able to do so, to undergo another residency to prepare herself to enter the practice of medicine as an emergency room physician.
CONCLUSIONS OF LAW
Petitioner has charged Respondent with a violation of Section 438.331(1)(s), Florida Statutes, as a basis for disciplinary action. As pertinent to this proceeding, Subsection(s) reads, as follows:
Being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any
mental or physical condition A
physician affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he can resume the competent practice of medicine with reasonable skill and safety to patients.
The Findings of Fact recited above clearly demonstrate that Respondent rendered herself unable to practice medicine with any skill and safety due to her abuse of alcohol regardless of the reasons therefor and that her condition was compounded by her abuse of drugs initially prescribed by her physician during the course of her treatment for depression some time after the death of her husband.
The psychiatric evaluation conducted by Dr. Ernest C. Miller, psychiatrist at the University Hospital of Jacksonville, on December 23, 1982, at the direction of the Secretary, Department of Professional Regulation, indicates the Respondent has made great strides toward recovery, but has not yet regained either those skills or that degree of stability that would permit her to successfully or safely practice her profession in an unstructured medical environment without supervision and further treatment. One can, thus, conclude only that while she has made great progress, Respondent is presently unable to
practice medicine with reasonable skill and safety to patients, within the meaning of Section 458.331(1)()i Florida Statutes.
RECOMMENDATION
Based upon the Findings of Fact and Conclusions of Law recited herein, it
is
RECOMMENDED THAT:
The Respondent be found subject to disciplinary action under Florida
Statutes Section 458.331(1)(s).
The license of the Respondent, Maxine Moody Rowland, to practice medicine in the State of Florida be restricted and limited to practice while under the supervision of a licensed physician and with the further proviso that she receive continued psychiatric counseling as deemed necessary by her treating physician.
The restrictions and limitations continue until such time and under such terms and conditions as the Hoard of Medical Examiners determines is necessary to insure protection of the Respondent's patients and her ability to practice medicine with reasonable skill and safety.
RECOMMENDED this 1st day of February, 1983, in Tallahassee, Florida.
ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 1st day of February, 1983.
COPIES FURNISHED:
Charlie L. Adams, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Maxine Rowland, M.D.
4904 Empire Avenue
Jacksonville, Florida 32207
Ms. Dorothy Faircloth Executive Director
Board of Medical Examiners Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Mr. Fred Roche Secretary
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
BEFORE THE BOARD OF MEDICAL EXAMINERS
DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,
Petitioner,
CASE NO: 82-1954
vs.
MAXINE ROWLAND, M.D.,
License Number: 13726,
Respondent.
/
FINAL ORDER OF
THE BOARD OF MEDICAL EXAMINERS
This matter came before the Board of Medical Examiners (Board hereinafter) pursuant to Section 120.57(1)(b)9., Florida Statutes, on April 9, 1983. in Sarasota, Florida, for the purpose of considering the Recommended Order (a copy of which is attached) issued by the hearing officer in the above-styled matter. The Petitioner was represented by Joseph W. Lawrence. II, Esquire The Respondent appeared on her own behalf. After review of the complete record, the argument of the parties, and being otherwise fully advised in the premises. the Board makes the following findings and conclusions.
FINDINGS OF FACT
The hearing officer's findings of fact are approved and adopted in toto and are incorporated herein by reference.
There is competent. substantial evidence to support the Board's findings of fact.
CONCLUSIONS OF LAW
The hearing officer's conclusions of law are approved and adopted in toto and are incorporated herein by reference.
There is competent substantial evidence to support the Board's conclusions of law.
The hearing officer's recommended penalty is rejected as not being appropriate in view of the unique circumstances of this case.
WHEREFORE, it is ORDERED AND ADJUDGED that pursuant to Section 458.331(2)(c), Florida Statutes, Maxine Roland, M.D., is restricted from practicing medicine in Florida until such time as she demonstrates to the Board's satisfaction that she has updated her medical knowledge through advanced education and that she an practice medicine with reasonable skill and safety.
Once this restriction is lifted, Maxine Rowland, M.D., shall practice only under the supervision of a physician approved by the Board. This Order becomes effective upon filing
DONE AND ORDERED this 21st day of April, 1983.
BOARD OF MEDICAL EXAMINERS
DOROTHY FAIRCLOTH
Docket for Case No: 82-001954
Orders for Case No: 82-001954
| Issue Date |
Document |
Summary |
|
Apr. 21, 1983 |
Agency Final Order
|
|
|
Feb. 01, 1983 |
Recommended Order
|
Doctor was shown unable to practice medicine safely due to alcohol abuse and should have license restricted.
|
