C. LORANGER, M.D., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Office, K. N. Ayers, held a public hearing in the above- styled case on June 18, 1984, at Ocala, Florida.
For Petitioner: Barbara K. Hobbs, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
For Respondent: James C. Loranger, Pro Se
Post Office Box 1099 Dunnellon, Florida 32630
By Administrative Complaint dated December 13, 1983, the Department Professional Regulation, Petitioner, seeks to revoke, suspend, or otherwise discipline the license of James C. Loranger as a medical doctor. As grounds therefor it is alleged, in 22 counts, that, during the period between 1976 and 1980, Respondent prescribed medication for obesity not in good faith and not in the course of his medical practice to some 19 patients.
At the hearing Petitioner presented the depositions of Arnold Grier, M.D., Mrs. Loranger testified on behalf of Respondent, and 31 exhibits were admitted into evidence. Respondent was notified of the scheduled deposition of Dr. Grier and Mrs. Loranger telephoned the Department of Professional Regulation to inquire if it was necessary for them to appear. She was told, apparently by a secretary, that it was not necessary that they appear. Since Mrs. Loranger had a dental appointment on June 8, 1984, the date scheduled for the deposition, neither she nor Respondent appeared at the deposition. Therefore, no cross- examination was elicited nor was any objection made to any questions posed to Dr. Grier. Attached to the deposition of Dr. Grier are numerous patient records obtained from Respondent by Petitioner's investigator. No patient releases were sought or obtained by the Department of Professional Regulation before these
records were removed from the Respondent's office. When this fact was disclosed, it was pointed out by the Hearing Officer that information confidential to patients had become public records; whereupon, Petitioner's attorney requested the patient records to be sealed since the records had been obtained pursuant to Section 455.241(2), Florida Statutes.
Proposed findings of submitted by Petitioner, insofar as they are included herein, are adopted; otherwise they are rejected as not supported by the evidence, immaterial, or unnecessary to the conclusions reached.
FINDINGS OF FACT
James C. Loranger is a licensed medical doctor having been issued license No. ME0011235 and he was so licensed at all times here relevant.
Since opening his office in Dunnellon, Respondent has primarily practiced Bariatrics, or weight reduction. He has generally treated these patients with thyroid pills, appetite depressants, diuretics, and amphetamines. Prior to commencing the weight reduction program for thee patterns, a physical examination was conducted. However, the thyroid medication was prescribed for patients having normal thyroid levels.
The complaint against Respondent was made by a secretary who had worked for Respondent for several years. No complaint was ever made by a patient and no evidence was presented that any patient was contacted during the investigation which began in 1979.
Following the initiation of the investigation, earlier charges were preferred against Respondent; Respondent was ordered by the Board of Examiners to proceed to Shands Hospital for a psychiatric evaluation, which he did; Respondent has reduced his DEA license to write prescriptions for Class 3, 4 and
5 drugs only; when told by the Board to stop prescribing amphetamines and thyroid pills, Respondent ceased doing so; and Respondent was represented by an attorney. Evidence regarding disposition of those stipulations was not presented.
Respondent's psychiatric evaluation showed evidence of generalized cortical impairment (Exhibit 24). His physical appearance at the hearing is that of a man older than his 68 years with some locomotive impairment.
Respondent occupies his office on a lease that expires in January, 1985, and he plans, if permitted, to continue his one day per week practice he now engages in until December, 1984, at which time he will voluntarily surrender his license and retire from any further medical practice. This admission was made by Respondent near the end of the hearing, at which time Petitioner's attorney appeared willing to accept such a stipulation from Respondent to settle this case. The parties were then directed by the Hearing Officer to present a stipulation in settlement of this case which would include a provision that Respondent continue his limited practice until December, 1984, at which time he would voluntarily surrender his license to the Board and cease any further practice of medicine. No such stipulation has been received; however, Respondent's willingness to surrender his license at the end of December, 1984, is contained in the transcript and is accepted by the Hearing Officer as a specific condition to the recommendation contained herein.
The evidence was unrebutted that Respondent treated the 19 patients listed in the Administrative Complaint by prescribing substances not medically indicated by patient's symptoms, that this treatment was not in accordance with accepted medical practices, and that this treatment was not rendered in good faith.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
While the evidence is clear and convincing that Respondent has violated the provisions of Section 458.331(1) as alleged, the evidence is also clear that Respondent has complied, or attempted to comply, with all directives from the Board of Medical Examiners; that the last date on which Respondent is alleged to have violated the Medical Practices Act is 1980; that Respondent has maintained his Bariatrics practice continuously since that date, making modifications in the treatment rendered as suggested by the Board, but reducing his practice to one day per week; and that Respondent will surrender his license to practice medicine in December, 1984.
The evidence presented by Respondent indicates that, although Respondent stated he signed all settlement stipulations presented by the Department of Professional Regulation, those settlement proceedings were stayed by the Department in 1982 pending further investigation. When that further investigation was completed, the Administrative Complaint that is the subject of this hearing was filed. Since all of the charges allege offenses which occurred prior to the time the additional investigation was conducted, it would appear the investigation disclosed no new offenses and the case remains in the same posture it has been since 1981.
Four years have passed since the charges here involved were investigated and subsequent investigations have revealed no additional offenses by Respondent since 1980. While this is not conclusive evidence that Respondent is capable of practicing medicine with reasonable skill and safety to his patients, it is indicative that emergency procedures are not required to protect the public or that the public will be subjected to undue risks if Respondent continues to practice but gradually reduces his patient load, sees no new patients, and ceases his practice entirely on or before December 31, 1984.
It is therefore
RECOMMENDED that a final order be entered sealing the patient records presented at this hearing, fining James C. Loranger guilty of all charges in the Administrative Complaint, and that his license be revoked; however, the revocation be stayed until January 1, 1985, at which time, unless Respondent's license has been voluntarily surrendered, Respondent's license shall be revoked.
ENTERED this 27th day of July, 1984, at Tallahassee, Florida.
