STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 82-2153

)

GORDON ALLEN GENOE, M.D., )

)

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 January 6, 1983, in West Palm Beach, Florida. A transcript of the proceedings was received by the Division on January 21, 1983. The parties were afforded thirty (30) days leave following the receipt of the transcript to submit proposed recommended orders in this case. The parties waived the thirty- day time requirement within which the undersigned is required to issue a recommended order following the close of the hearing. 1/

APPEARANCES

For Petitioner: Jerry F. Carter, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Gordon Allen Genoe, M.D. pro se

1015 Southwest 9th Street, F-2 Gainesville, Florida 32604

ISSUE

The issue posed for decision herein is whether or not the Respondent is able to practice medicine with reasonable skill and safety to patients based on his mental condition.

Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence introduced, and the post-hearing memoranda, I hereby make the following:

FINDINGS OF FACT

1. By its Administrative Complaint filed herein dated July 2, 1982, Petitioner, Board of Medical Examiners, seeks to suspend, revoke or take other disciplinary action against the Respondent, Gordon Allen Genoe, as licensee and

   against his license as a physician under the laws of Florida, based on an alleged violation of Section 458.331(1)(s), Florida Statutes.

   
   

2. Respondent is a physician and has been issued license No. ME0017002. The last known address of the Respondent is 1015 Southwest 9th Street, #F-2, Gainesville, Florida 32604 2/.

   
   

3. Respondent suffers from a hi-polar, or manic depressive disorder, or possibly a borderline personality disorder, with a history of problems associated therewith which have been evident in an increasing fashion since birth. A manic depressive illness is an emotional or mental illness characterized by mood swings which leave such a person depressed. During the manic phase, that person is in lay terms, "high or accelerated" and displays a fast thinking process. He has been voluntarily admitted for psychiatric evaluation and treatment on numerous occasions for relatively short periods of time.

   
   

4. On or about January 6, 1982, Judge Richard Miller, in and for the Circuit Court of Pinellas County, Florida, ordered that Respondent be admitted involuntarily to a mental health facility pursuant to Section 394.463(1)(b)1, Florida Statutes. The Order was based upon the sworn affidavit of three witnesses who swore to being witness to, or having knowledge of, aggressive, threatening, irrational, and unusual behavior on Respondent's part 3/.

   
   

5. Following the entry of said Order, Respondent was admitted to Horizon Hospital in Clearwater, Florida, and was immediately discharged by the attending physician, Dr. Harry L. Sauers, a psychiatrist. At that time, Respondent represented to Dr. Sauers that he would immediately seek further psychiatric treatment at Goodwood Manor Psychiatric Center in Tallahassee, Florida.

   However, Respondent failed to submit himself to treatment at Goodwood Manor in Tallahassee.

   
   

6. During July, 1982, Respondent made a serious attempt at suicide while under the care of Dr. Alfredo Hernandez, psychiatrist, and required emergency hospitalization and subsequent inpatient psychiatric treatment.

   
   

7. Pursuant to an order of the Board of Medical Examiners, Respondent was examined by Sidney I. Holzberg, M.D., a psychiatrist. Dr. Holzberg, as did two other medical doctors trained in psychiatry, found that the Respondent suffers from either a bipolar, mixed mental disorder, or a personality disorder characterized as severe, either of which, when not under control, may seriously affect Respondent's ability to practice medicine consistently with reasonable skill and safety to patients. Dr. Holzberg's examination was conducted on November 4, 1982. At that time, Respondent presented himself as a calm and cooperative person whose mood was serious. There was no evidence of mental illness. Respondent's appearance was neat and he was able to intelligently comprehend questions and provide appropriate answers during that examination.

   
   

8. At present, Respondent is receiving treatment from Dr. Hernandez for his mental condition and is being administered the drug lithium carbonate. Lithium carbonate is considered effective in the treatment and management of hi- polar disorders and has a success rate of between 60 and 80 percent, depending upon the phase of the mental condition that the patient is then suffering. Respondent appears to be in a state of remission from the symptoms of this chronic mental condition.

9. Respondent has consented to continue ongoing treatment for his mental condition. Further, he has expressed a willingness to undergo reasonable detection and monitoring measures as required by the Petitioner.

   
   

10. While the Respondent's mental disorder is under control, he poses no threat of danger to patients to the extent that he is actively practicing medicine. In this regard, Respondent has only practiced radiology for brief periods consisting of two temporary positions during the period 1980-1981. However, his license remains current and he may resume his practice of medicine at any time.

    
    

11. Since 1981, to keep his knowledge of radiology and nuclear medicine current, Respondent reviews medical books and journals on a regular basis.

    
    

    Respondent's Educational Background

    
    

12. Respondent has an exemplary educational background. He graduated in the top 2 percent of his high school graduating class. He attended his freshman year of college studies at Arizona State University where he received all A's with the exception of two B's in English. Respondent was highly sought after by college recruiters for graduate studies and from the Army for an appointment as a commissioned officer.

    
    

13. After completing his freshman year at Arizona State University, Respondent transferred to Northwestern University (Illinois) and earned a grade point average of 3.4 out of a possible 4 points during his sophomore and junior years. Respondent was accepted in medical school at Northwestern after his junior year and earned sufficient credits during his first year in medical school to graduate from the undergraduate program at Northwestern. Respondent attended medical school at Northwestern University in Chicago.

    
    

14. Respondent served an internship at Los Angeles County Hospital and completed two years of public health service.

    
    

15. Following an appointment as a commissioned officer in the armed services, Respondent was accepted in the radiology program at the University of Chicago. He completed a two year residency in diagnostic and therapeutic radiology. That program is considered to be one of the leading radiology centers in the country.

    
    

16. Following his residency, Respondent was appointed to the staff at the University of Chicago as a radiology instructor. In addition to his teaching duties, Respondent studied nuclear medicine, angiography research and wrote a scientific paper about the use of a technique called "bronchial brushing" in the diagnosis of various diseases such as lung cancer and infections.

    
    

17. Respondent sat for and passed the medical licensure examination in Florida in 1971 on his first sitting. He thereafter joined the staff of University Medical Hospital in Jacksonville where he served as Chief of the Nuclear Medicine Department. While at University Hospital, Respondent was responsible for setting up the radiology department and instructed residents in phases of radiology, and more particularly nuclear medicine. Respondent also wrote a paper on the diagnosis of lung carcinoma utilizing the technique of bronchial brushing while at University Hospital. That paper was published in a major radiology journal.

18. After serving two years at University Hospital, Respondent entered private practice at Doctors Hospital in Lake Worth, Florida. Respondent served as chief radiologist at Doctors Hospital. Respondent was also responsible for instituting both the radiology and nuclear medicine departments at Doctors Hospital.

    
    

19. Respondent served in numerous positions at various hospitals, primarily in the south Florida area and based on contractual difficulties with professional associations (primarily financial in nature) Respondent became disenchanted with the practice of medicine and decided to pursue a career in law. Respondent has completed approximately two years of legal studies at the University of Florida and Stetson Law School.

    
    

    CONCLUSIONS OF LAW

    
    

20. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes (1981).

    
    

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

    
    

22. The Respondent, a licensed medical doctor, is subject to the disciplinary guides of Chapter 458, Florida Statutes.

    
    

23. Section 458.331(1)(s) Florida Statutes, authorizes Petitioner to suspend or revoke the license of a physician who is unable to practice medicine with reasonable skill and safety to his patients by reason of illness or use of alcohol, drugs, narcotics, chemicals or any other type of material, or as a result of any mental or physical condition.

    
    

24. Competent and substantial evidence was offered to establish that the Petitioner is unable to practice medicine with reasonable skill and safety to his patients based on his mental condition. This conclusion is based on the credible evidence introduced herein by all the examining psychiatrists who have diagnosed the Respondent's mental condition as one wherein he suffers from a hi- polar disorder. Further, the evidence introduced herein reveals that the medication that is prescribed for the Respondent for treatment of the mental disorder, lithium carbonate, has a success rate varying in degree from 60 to 80 percent. Accordingly, at least 20 percent and up to 40 percent of the time wherein the Respondent is suffering from this mental condition, it may safely be assumed that he poses a threat of harm to patients entrusted to him for medical care. Thus, there is ample basis and authority for the Petitioner to take reasonable steps to ensure that the Petitioner receives the requisite treatment needed to ensure that his mental condition remains in check.

Based on the foregoing, it is RECOMMENDED:

1. That the Board of Medical Examiners enter a final order placing Respondent's license on probation for a period of eighteen (18) months.

   
   

2. That Respondent be restricted to practice medicine either in an institutional setting or a private setting under the close supervision of another licensed medical doctor.

3. That the Respondent continuously undergo treatment for his mental condition during the period of this probationary term.

   
   

4. That the Respondent submit to physical and other examinations as reasonably required by the Petitioner to ensure that he is, in fact, receiving the requisite and necessary treatment for his mental condition to ensure that he is continuously able to practice medicine with reasonable skill and safety to patients.

RECOMMENDED this 20th day of July, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 20th day of July, 1983.

ENDNOTES

1/ The parties have submitted post-hearing memoranda which were considered by me in preparation of this Recommended Order. To the extent that the proposed findings, etc. in the parties' post-hearing memoranda are not incorporated in this Recommended Order, said proposed findings, etc. were deemed either irrelevant, immaterial or not otherwise supported by record evidence.

2/ The Respondent's mailing address is Gordon Allen Genoe, M.D., 1021 Paseo Andorra, West Palm Beach, Florida 33405.

3/ None of the witnesses referred to incidents or events surrounding the practice of medicine or Respondent's ability to practice medicine.

COPIES FURNISHED:

Jerry F. Carter, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Gordon Allen Genoe, M.D. 1015 SW 9th Street, #F-2 Gainesville, Florida 32604

and

1021 Paseo Andorra

West Palm Beach, Florida 33408

Ms. Dorothy Faircloth Executive Director

Board of Medical Examiners

130 North Monroe Street Tallahassee, Florida 32301

Mr. Fred M. Roche Secretary

Department of Professional Regulation

130 North Monroe Street It Tallahassee, Florida 32301

Docket for Case No: 82-002153

Orders for Case No: 82-002153