STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VINCENT CHARLES SARLEY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1543

) STATE OF FLORIDA, DEPARTMENT ) OF PROFESSIONAL REGULATION, ) BOARD OF MEDICAL EXAMINERS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on December 16, 1982, in Ft. Lauderdale, Florida.

APPEARANCES

For Petitioner: Vincent Charles Sarley, M.D., pro se

117 Royal Park Drive

Oakland Park, Florida 33309

For Respondent: Chris D. Rolle, Esquire

Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301 ISSUE

The issue posed for decision herein is whether or not the Petitioner's application for a retired physician's license should be granted.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found.

1. Pursuant to a sworn application for a limited license filed by Petitioner on approximately March 5, 1982, and received by the Respondent on March 12, 1982, the Respondent, Board of Medical Examiners (herein sometimes referred to as the "Board") on April 17, 1982, considered Petitioner's application for limited licensure. By a Final Order of the Board dated May 11, 1982, Petitioner was advised that he did not meet the statutory requirements for limited licensure pursuant to Section 458.137, Florida Statutes, and therefore his application for limited licensure was being denied. Petitioner was further advised of his rights pursuant to Sections 120.57 and 120.60, Florida Statutes,

   to petition for a hearing and otherwise seek review of the Board's decision. Petitioner timely filed a request for a Section 120.57(1), Florida Statutes, hearing concerning whether or not he is in fact entitled to a limited license.

   
   

2. The Petitioner, on June 1, 1981, retired from the position of Corporate Medical Director for Abbott Laboratories in North Chicago, Illinois. The Petitioner has been a licensed medical doctor since approximately 1945. Since his admission to practice medicine, Petitioner has enjoyed an illustrious career. His professional qualifications are not at issue herein. Petitioner wants a retired physician's license to "lend dignity to his status as a retired physician." The Petitioner does not desire to practice medicine and, in fact, represented that pursuant to his retirement plan with Abbott Laboratories, he would be forced to return to Abbott Laboratories all monies earned from any medical practice.

   
   

3. During the hearing herein, when Petitioner was advised that Florida has no procedure to obtain a limited license such as that which he now seeks, Petitioner requested (1) that a refund of his $100 application fee be returned or (2) that the $100 fee be applied to his application to sit for the next medical licensing examination.

   
   

4. During a brief period since he retired in June, 1981, the Petitioner was employed on a part-time basis at the Veterans Administration Hospital in Broward County, Florida. As stated, Petitioner does not now seek to practice medicine at that center or any other public or private institution.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Respondent is derived from Chapter 458, Florida Statutes, and Rule Chapter 21M, Florida Administrative Code. 1/

   
   

8. Section 458.317, Florida Statutes, provides the procedures for the grant of a limited license. That section provides in pertinent part:

   
   

   (d) The recipient of a limited license may practice only in the employ of public agencies or institutions or nonprofit agencies or institutions meeting the requirements of s. 501(c)

   (3) of the Internal Revenue Code, which agencies or institutions are located

   in the areas of critical medical need

   as determined by the board. Determination of medically underserved areas shall be made by the board after consultation

   with the Department of Health and Re- habilitative Services and statewide medical organizations, the provisions of s. 458.315 to the contrary notwith- standing; however, such determination

   shall include, but not be limited to, health manpower shortage areas designated by the United States Department of Health and Human Services.

   
   

9. The "areas of critical need," "areas of critical medical need," and "medically underserved areas" as used in Sections 458.315(1) and 458.317(1)(d), F.S., respectively, shall include but not be limited to, the following:

   
   

   1. Areas designated by the Department of Health and Human Services as health manpower shortage areas;

   2. State mental institutions;

   3. State institutions for the mentally retarded; or

   4. State prison.

Inasmuch as the Petitioner does not seek to practice in; any area of critical medical need, medically underserved area, or other area of critical need, he does not satisfy than requirements of Section 458.317, Florida Statutes, and therefore he is not entitled to the grant of a limited license to practice medicine in this State 2/. Rule Chapter 21M-29.01(4), F.A.C.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED:

1. That the Respondent enter a Final Order denying Petitioner's application for a limited license to practice medicine in this State. 3/

RECOMMENDED this 28th day of January 1983, in Tallahassee, Florida.

R. T. CARPENTER, 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 28th day of January 1983.

ENDNOTES

1/ Official administrative notice was taken of Chapters 458 and 120, Florida Statutes, and Rule Chapter 21M-29, Florida Administrative Code.

2/ Broward County falls under the Respondent's sunshine health family and does not satisfy the guides of Section 458.317(1)(d), Florida Statutes.

3/ Petitioner's request for a refund of his $100 application fee was not an issue in this proceeding, and is a matter more appropriately addressed to the Comptroller.

COPIES FURNISHED:

Vincent Charles Sarley, M.D.

117 Royal Park Drive

Oakland Park, Florida 33309

Chris D. Rolle, Esquire Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Dorothy Faircloth Executive Director

Board of Medical Examiners

130 North Monroe Street Tallahassee, Florida 32301

Fred Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-001543

Orders for Case No: 82-001543