STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICAL ) EXAMINERS, )
)
Petitioner, )
)
vs. ) CASE NO. 83-3380
)
WILLIAM TAYLOR, M.D., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held before Stephen F. Dean, assigned Hearing Officer with the Division of Administrative Hearings, on June 18 & 19, 1984, in Pensacola and Clearwater, Florida, respectively. This case arose on an administrative complaint filed by the Petitioner against the Respondent charging him with violations of Chapter 458, Florida Statutes.
Specifically the amended administrative complaint alleged Respondent had presented prescriptions for two different amphetamine drugs to be filled by and in the name of the Respondent which were not medically justified in violation of Sections 458.331(1)(q), (r), (t), and (h), Florida Statutes; that Respondent had ordered medicinal and scheduled controlled drugs from pharmaceutical companies under the name of another physician who had not approved the order and had given no permission to the Respondent to use his drug enforcement administration number contrary to Section 458.331(1)(h), (g), (l), (t), (w), Florida Statutes; that Respondent purchased and sold anabolic steroids and wrote prescriptions for said drugs which were inappropriate and without medical justification contrary to Section 458.331(1)(q), (g), (l), (h), (t) & (w), Florida Statutes; that the Respondent was not licensed to perform such functions in violation of Section 458.331(1), (q), (g), (l), (t), and (w), Florida Statutes; and, finally, that, based upon the allegations above and his own use of controlled substances, anabolic steroids and other drugs, the Respondent was unable to practice medicine with reasonable skill and safety by reason of illness or use of drugs or as the result of mental or physical impairment in violation of Section 458.331(1)(s), Florida Statutes.
ISSUES
In addition to the issue of whether the Respondent committed the acts alleged, the administrative complaint alleges on its face that the Respondent was not licensed to practice medicine in the State of Florida until July 13, 1982. Most of the administrative complaint relates to alleged violations by the Respondent prior to the date of his licensure. A primary issue is the Petitioner's jurisdiction over the Respondent to prosecute for acts committed prior to his licensure. A major factual issue in this case are the dates upon which the doctor's conduct allegedly took place.
FINDINGS OF FACT
The Respondent was licensed as a medical doctor on July 13, 1982, in the State of Florida. Prior to that date the Respondent was not licensed to practice medicine in this or any other state. Prior to his licensure he was participating in a medical internship program in Pensacola, Florida. He was permitted to practice and prescribe medicine as an intern in and within the limits of this program.
(Re: Count I through Count IV) The Respondent presented prescriptions for Eskatrol and Dexedrine on two different occasions to two different pharmacies. These prescriptions listed the Respondent as the person for whom the prescriptions were filled and signed by the Respondent. Neither prescription was accepted by the pharmacists and neither prescription was introduced into evidence. Eskatrol and Dexedrine are amphetamine compounds and are Schedule II controlled substances. The Respondent's ex-wife placed the Respondent's use of amphetamines in February of 1981. See Transcript page 95 line 19 through page 96 line 1. One of the pharmacists to whom the prescription was presented by the Respondent was Ann Cole Wilson, the Respondent's former sister-in-law and sister of his ex-wife. Wilson's testimony concerning the date of the alleged occurrence testifies as follows:
Q. Can you tell me what occurred on that occasion, and tell me approximately when this occurred?
A. Like I say, it's hard to remember. It was sometime during the summer months.
Q. The summer of what year?
A. Oh, gosh. Right now it's been, let's see,
`82 or `83.
Q. The summer of `82?
A. I would say `82 yeah.
The other pharmacist who testified regarding the Respondent's presentation of prescriptions for amphetamines was Elizabeth S. Grimsley. Grimsley testified regarding the alleged events as follows:
Q. How did you come to meet him?
A. He brought in a prescription one night for, two prescriptions, rather, written for him by himself for Eskatrol and Dexedrine, amphetamine prescriptions.
Q. These prescriptions were written for the use of Dr. Taylor and they were written by Dr. Taylor?
A. Yes, sir.
Q. Do you remember approximately when this occurred?
A. No, sir; roughly a year and a half or two years ago, I suppose.
The latter witness is very vague about the date, and the former witness has an interest in these proceedings by virtue of her relationship with the Respondent's former wife. The relationship by Respondent and his former wife is characterized by hostility and continuing litigation arising out of their divorce and concerning child custody.
It is concluded that the Petitioner failed to prove the acts occurred after the date of the Respondent's licensure.
(Counts V, VI) The Respondent ordered legend and other drugs from pharmaceutical companies using the name of Michael Archer, M.D. and Archer's DEA registration number. Archer did not approve the order or give the Respondent permission to use his DEA registration in order to obtain these drugs. Respondent's actions took place in 1981 and 1982 prior to the date of the Respondent's licensure by the Florida Board. See the depositions of Farrell, Schied & Perez.
(Count VII) Between the dates of March 3, 1982, and June 30, 1982, the Respondent submitted drug orders for and received thirty Crescormon No. 4 iu- vials from Pharmacia Corporated, 800 Centennial Avenue, Piscataway, New Jersey 08854. These events occurred prior to the Respondent's licensure by the Petitioner. See deposition of Schied, Exhibit 3. Respondent ordered amino acids from Varitex Corporation, a Michigan company. These materials which are not legend drugs were ordered and received by the Respondent prior to the date of his licensure by the Petitioner. See deposition of Myers, Exhibit 4. Respondent ordered various drugs from Generix Drug Corp., 1900 W. Commercial Blvd., Ft. Lauderdale, Florida, in the same manner. All these transactions occurred before the Respondent was licensed. See the deposition of Perez, Exhibit 5.
(Count VIII) The Respondent sold or provided Darrell R. Black substances represented by the Respondent and thought to be by Black a drug with the trade name Dianabol. Dianabol is a steroid and a legend drug. This transaction was not a part of Dr. Taylor's practice under the Pensacola Education Program, the internship in which Dr. Taylor was participating. This transaction occurred in 1981, prior to Dr. Taylor's licensure by the Board. See Transcript page 38. The Respondent sold or provided to Shaun Francis Farrell drugs represented by the Respondent and thought to be by Farrell testosterone and Deca-Durabolin. This transaction was not part of the Respondent's internship in the Pensacola Educational Program. These transactions occurred in 1981, prior to Respondent's licensure by the Board. See Transcript page 46.
(Count IX) The Respondent presented prescriptions for and received various metabolic steroids during 1981. However, all of these were presented prior to the date of the Respondent's licensure by the Board. See Transcript, pages 15, 16, 20, 21, 22, 31, 32, 33. One prescription for Trisorlan was presented by the Respondent for himself on October 20, 1982. Trisorlan is a legend drug, however it is not a controlled substance. Trisorlan is a drug affecting the pigmentation of skin. Transcript page 24. No evidence was received concerning the propriety of Dr. Taylor prescribing this medication for himself.
(Count XI) No evidence was received that the Respondent held himself out as being licensed to practice medicine. Black and Ferrell did not see Respondent as a doctor. Respondent saw Cayton at the hospital and was authorized to treat patients within the scope of his internship. Most of the witnesses stated that they knew that the Respondent was a doctor, that he was "practicing" at Sacred Heart Hospital. The Respondent holds a degree as an M.D. and was practicing at Sacred Heart as an intern. Further to the extent that the Respondent may have held himself out as a physician contrary to Section 458.327, he did so prior to the date of his licensure and acquisition of jurisdiction by the Board.
CONCLUSIONS OF LAW
This hearing was held and this order entered pursuant to the provisions of Chapter 120.57, Florida Statutes. The Florida Board of Medical Examiners has authority pursuant to Chapter 458 to discipline those persons licensed under the provisions of said Chapter. The facts presented in this cause show that the allegations, with the specific exceptions noted hereafter, occurred prior to date of the Respondent's licensure. The Board had no jurisdiction over the Respondent for those acts which he committed prior to the date of his licensure. There are two possible exceptions.
The Respondent prescribed Trisorlan for himself in October of 1982. Although Trisorlan is a legend drug, it is not a controlled substance. Given the nature of the medication as a suntan enhancer it does not appear to be contraindicated and therefore there is no violation of Section 458.331(1), (q), (l), (g), (t) or (w), Florida Statutes.
The other exception is the Respondent's presentation of prescriptions for amphetamines. Both Wilson and Grimsley were vague concerning actual year the prescriptions were presented. The prescriptions were not available to substantiate their testimony. The Respondent's wife put his amphetamine use in the spring of 1981. Finally, even if the events are deemed to have occurred in 1982, both pharmacists fixed the time generally as "summer." This is insufficient to establish the Board's jurisdiction because the Respondent was licensed for only the latter portion of the summer.
The Board has not pointed out any provisions of the law which gives the Board jurisdiction over its licensee for acts by the licensee prior to licensure. The administrative complaint alleges no falsification of the Respondent's application.
In summary, it appears from the evidence presented that the acts committed by Respondent occurred before he was licensed in July 1982. The Board lacked jurisdiction over the Respondent at the time the events occurred which are the subject of the administrative complaint against Respondent.
Jurisdiction of the Board over the Respondent is an absolute requirement of law. The charges must be dismissed. See ALAM FARZAD, M.D. v. D.P.R., FLA. BOME, Fla. 1st DCA, Dec. 30, 1983.
Regarding Count X which alleges the Respondent is unfit to practice because of his drug use, etc., there is no evidence of drug use or other offenses after his licensure. The Board licensed the Respondent in July 1982, after they presumably examined and approved his credentials. There is no evidence of conduct after that date which would adversely impact that favorable determination of Respondent's qualifications. Count X is not proven.
Both parties submitted posthearing findings of fact, which were read and considered. Those findings not incorporated herein are found to be subordinate, cumulative, immaterial, unnecessary, or not supported by the evidence.
Having found no evidence to support the jurisdiction of the Board over the Respondent on the allegations of Count X, the Hearing Officer recommends that the Board take no action against the Respondent and the administrative complaint against the Respondent be dismissed.
DONE and ORDERED this 4th day of February, 1985, in Tallahassee, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
FILED with the Clerk of the Division of Administrative Hearings this 4th day of February, 1985.
COPIES FURNISHED:
Joseph W. Lawrence, II, Esquire Dorothy Faircloth, Executive Department of Professional Director
Regulation Department of Professional
130 North Monroe Street Regulation
Tallahassee, Florida 32301 Board of Medical Examiners
130 North Monroe Street
William Taylor, M.D. Tallahassee, Florida 32301 5271 Myrtlewood
Sarasota, Florida 33580
Fred Roche, Secretary Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Salvatore Carpino, Esquire Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
| Issue Date | Proceedings |
|---|---|
| May 22, 1990 | Final Order filed. |
| Feb. 04, 1985 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Dec. 20, 1988 | Agency Final Order | |
| Feb. 04, 1985 | Recommended Order | There was no evidence to show Respondent unfit to practice medicine. Acts alleged to have occurred prior to licensure. |
