STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICINE, )

)

Petitioner )

)

vs. ) CASE NO. 88-4659

)

LOUIS C. ALAIA, M.D., )

)

Respondent )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on January 13, 1989, in Tallahassee, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Jonathan King

Staff Attorney

Department of Professional Regulation

130 North Monroe Street Tallahassee, FL 32399-0750

For Respondent: No Appearance

ISSUE

The issue is whether the medical license held by Respondent, Louis C. Alaia, M.D., should be revoked or otherwise penalized based on the acts alleged in the Administrative Complaint.

BACKGROUND AND PROCEDURAL MATTERS

Petitioner, Department of Professional Regulation, presented no witnesses, but introduced three exhibits into evidence: Exhibit 1, a certified copy of the Board of Medicine's official records, including Respondent's medical license; Exhibit 2, a certified copy of the official records of the Board of Medicine regarding the license renewal history of Respondent; and Exhibit 3, a certified copy of the official records of the State of California Board of Medical Quality Assurance wherein Respondent's California medical license was revoked.

Respondent failed to appear at the hearing or to respond to any of the pleadings and correspondence mailed to him at the address he listed on his request for a formal hearing. The Notice of Hearing was not returned as undeliverable by the United States Post Office.

DPR voluntarily dismissed Count I of the Administrative Complaint at the beginning of the hearing. Hence this case proceeded to hearing only on Count

II, Violation of Section 458.331(1)(b), Florida Statutes, by having a license to practice medicine revoked, suspended, or otherwise acted against by any state, territory, or country.

The transcript of the proceedings was filed on January 26, 1989, and Petitioner's proposed findings of fact and conclusions were filed on February 3, 1989. Petitioner's proposed findings of fact and conclusions of law have been considered. A specific ruling on each proposed finding of fact is made in the Appendix attached hereto and made a part of this Recommended Order.

FINDINGS OF FACT

1. The Respondent, Louis C. Alaia, M.D., was issued

   Florida medical license ME 0008062 on August 14, 1958. Dr. Alaia placed his Florida license on voluntary inactive status on December 31, 1979. Dr. Alaia's last known address is 18890 Santa Clara Circle, Fountain Valley, California.

   
   

2. The Board of Medical Quality Assurance, the licensing authority for the State of California, revoked Dr. Alaia's license to practice medicine in California on May 15, 1987. The revocation was based on Dr. Alaia's conviction for manslaughter for the murder of his former wife and her boyfriend, on his inability to safely practice as a result of impairment from narcolepsy and cataplexy, and on his failure to show rehabilitation following the convictions and incarceration for the killings.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction of the parties to and subject batter of these proceedings. Section 120.57(1), Florida Statutes.

   
   

4. Section 458.331(1)(b), Florida Statutes, authorize's disciplinary action for:

   
   

   Having a license to practice medicine revoked . . . by the licensing authority of any state, territory, or country. . .

   
   

   The State of California, Board of Medical Quality Assurance

   revoked Dr. Alaia's medical license on May 15, 1987. Hence Dr. Alaia has violated Section 458.331(1)(b).

   
   

5. Section 21M-20.001(2)(b), Florida Administrative Code, Specifies that for violation of Section 458.331(1)(b) the recommended range of penalty is "from imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension . . . and an administrative fine ranging from $250.00 to $5,000.00."

   
   

6. Revocation is within the range of penalties recommended for being found guilty of a crime directly relating to the practice of medicine or the ability to practice medicine. It would seem axiomatic that conviction of manslaughter for the murder of one's former wife and her boyfriend is a conviction directly relating to the practice of medicine or the ability to practice medicine. Therefore, revocation is a comparable penalty to that which would have been imposed if the violation had occurred in Florida.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that The Department of Professional Regulation, Board of

Medicine, enter a Final Order and therein revoke the license of Louis C. Alaia, M.D., to practice medicine in the State of Florida.

DONE and ENTERED this 7th day of February, 1989, in Tallahassee, Florida.

DIANE K. KIESLING

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 7th day of February, 1989.

APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 88-4659

The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted by the parties in this case.

Specific Rulings on Proposed Findings of Fact submitted by Petitioner, Department of Professional Regulation, Board of Medicine

1. Each of the following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1(1), 2(2), and 3(2).

COPIES FURNISHED:

JONATHAN KING STAFF ATTORNEY

DEPARTMENT OF PROFESSIONAL REGULATION

130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750

LOUIS C. ALAIA

18890 SANTA CLARA CIRCLE

FOUNTAIN VALLEY, CALIFORNIA 92708

KENNETH EASLEY GENERAL COUNSEL

DEPARTMENT OF PROFESSIONAL REGULATION

130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750

DOROTHY FAIRCLOTH EXECUTIVE DIRECTOR BOARD OF MEDICINE

130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750

Docket for Case No: 88-004659

Orders for Case No: 88-004659