STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH, )

BOARD OF MEDICINE, )

)

Petitioner, )

)

vs. ) Case No. 97-4363

)

GRAYSON C. SNYDER, M.D., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, Don W. Davis, an Administrative Law Judge of the Division of Administrative Hearings, held a formal hearing in the above-styled case on February 17, 1998, in Blountstown, Florida.

APPEARANCES

For Petitioner: Carol A. Lanfri, Esquire

Agency For Health Care Administration 2727 Mahan Drive

The issue for determination is whether Respondent, a licensed physician, committed a violation of Section 458.331(1)(x), Florida Statutes, as alleged in the Administrative Complaint, and, if so, what disciplinary sanctions should be imposed against his license.

PRELIMINARY STATEMENT

On February 6, 1997, Petitioner issued an Administrative Complaint alleging that Respondent had violated Section 458.331(1)(x), Florida Statutes, by failing to comply with a Final Order of the Board of Medicine.

Respondent requested a formal administrative hearing on this charge. Subsequently, the matter was transferred to the Division of Administrative Hearings for conduct of a formal hearing pursuant to Section 120.57(1), Florida Statutes.

At the final hearing, Petitioner presented the testimony of one witness and offered three exhibits. Respondent presented the testimony of one witness, himself. He offered no exhibits.

The transcript of the final hearing was filed with the Division Of Administrative Hearings on March 4, 1998.

Proposed findings of fact submitted by the parties have been considered in the preparation of this recommended order.

FINDINGS OF FACT

1. Respondent is Grayson C. Snyder, a licensed physician at all times pertinent to these proceedings, holding medical license number ME 0004035. Respondent's last known address is 635 West Central Avenue, Blountstown, Florida 32424-1909.

2. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.165, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 458, Florida Statutes.

3. On December 29, 1994, the Board of Medicine issued a final order against Respondent. The final order suspended Respondent’s license to practice for at least 6 months, pending his demonstration to the Board that he could practice medicine with skill and safety by undergoing an evaluation by a psychiatrist approved by the Physicians Recovery Network (PRN). The final order also required Respondent’s completion of a period of probation after reinstatement and his payment of an administrative fine in the amount of $5,000 within 30 days of the final order.

4. Respondent has consistently failed to comply with the final order, inclusive of the payment of the $5,000 administrative fine. Other requirements of the final order relating to psychiatric evaluation and completion of a probationary period have also not been met.

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter. Section 120.57(1), Florida Statutes.

6. Petitioner bears the burden of proof of the charges set forth in the Administrative Complaint in this case. Since a final determination of Respondent's culpability could result in the revocation of Respondent's license, the proof that Respondent has committed those violations must be clear and convincing. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987).

7. Except for payment of the administrative fine of $5,000, all of the other terms of the final order carried no time limits and were prerequisites to reinstatement of Respondent’s license to practice medicine. Respondent has clearly not indicated any intention of seeking reinstatement by his disregard of the requirements of the final order.

8. Respondent’s failure to comply in whole or in part with the Board of Medicine’s final order constitutes a violation of Section 458.331(1)(x), Florida Statutes.

9. In accordance with Section 458.331(2), Florida Statutes, the Board of Medicine is empowered to revoke the license of a physician who willfully and repeatedly violates a rule of the Board previously entered in a disciplinary proceeding.

RECOMMENDATION

Based on the foregoing and in accordance with Petitioner's penalty guidelines set forth in Rule 64B-8.001, Florida Administrative Code, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of the violation alleged in the administrative complaint and revoking Respondent's license.

DONE AND ENTERED this 2nd day of April, 1998, in Tallahassee, Leon County, Florida.

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of April, 1998.

COPIES FURNISHED:

Carol Lanfri, Esquire Agency for Health

Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308-5403

Michael Stone, Esquire

116 East 4th Street

Panama City, Florida 32401

Marm Harris, Executive Director Department of Health

1940 North Monroe Street Tallahassee, Florida 32399-0750

Angela T. Hall, Agency Clerk Department of Health

1317 Winewood Boulevard, Building 6

Tallahassee, Florida 32399-0700

Pete Peterson, General Counsel Department of Health

Building 6, Room 102-E Tallahassee, Florida 32399-0700

Dr. James Howell, Secretary Department of Health Building 6, Room 306

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 97-004363

Orders for Case No: 97-004363