Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Dr. Maxine Rowland (formerly Maxine Moody) was licensed to practice medicine in the State of Florida under license No. ME0013726, issued on August 30, 1968, by the State Board of Medical Examiners of Florida after graduation from medical school at the University of Florida on June 18, 1967, and an internship at Cincinnati General Hospital from June 28, 1967, to June 28, 1968. Dr. Rowland was married to another physician, John Henry Rowland, Jr., in Pompano Beach, Florida, on June 14, 1969, and does not appear to have practiced medicine, thereafter choosing instead to pursue a career as wife and mother. Her license subsequently went inactive on December 31, 1978. In 1981, she requested her license to be reactivated; and at the time of the hearing, her license was in full force and effect. Respondent's husband died in 1975, leaving her with three children whom she continued to rear until she was overcome by extreme fear and depression arising out of a delayed reaction to her husband's death. As a result, she began to drink alcoholic drinks excessively and ultimately placed herself in the hands of a psychiatrist who, in the course of treatment, prescribed drugs for her. The combination of drugs and alcohol reacted adversely on her. She was admitted to the St. Johns River Hospital on five different occasions between May, 1981, and February, 1982. In addition, she was involuntarily committed to the impaired Physician's Program at South Miami Hospital in November, 1981, and was also treated involuntarily at Ridgeview Clinic in Georgia in February, 1982. Both admissions were for psychiatric disorders due to alcohol or drug abuse. She was diagnosed as suffering from a schizophrenic reaction (acute and chronic) which manifested itself in a lack of insight, poor judgment, suspicion, and alleged violent behavior, while admitted to Ridgeview. During the course of her treatment at the St. Johns River Hospital during the period May, 1981, through February, 1982, Dr. David W. Cheshire, a board eligible psychiatrist, worked with her and concluded that Dr. Rowland suffered from a depressive reaction and alcoholism, as well as a manic- depressive psychosis and symptoms of acute, chronic, schizophrenic reaction. She was paranoid, delusional, and her ability to function had deteriorated, as had her personal hygiene. She was agitated, anxious, and confused. Though Dr. Cheshire did not file a formal complaint with the Department of Professional Regulation concerning Dr. Rowland; during the course of a conversation with a Department of Professional Regulation representative about another matter, he indicated that before she was permitted to return to the practice of medicine, she should be evaluated further because she was mentally ill and incapable of practicing medicine. On December 23, 1982, at the direction of the Secretary of the Department of Professional Regulation, Dr. Rowland was evaluated by Dr. Ernest C. Miller, a psychiatrist on the staff of the University Hospital of Jacksonville. Dr. Miller concluded, after examination, that she currently exhibits a hypomanic mood with verbal pressure, some hostility, and defensiveness as a result of this proceeding and a trend, short of being delusional, toward persecutory ideation. This constitutes an atypical, bipolar disorder which, he feels, should not, alone, deprive her of her medical license. He recommends that she be permitted to work as a physician under Supervision conditioned upon her receiving continued psychiatric counseling. In Dr. Miller's opinion, Dr. Rowland has the potential for positive contribution in the field of medicine; and with a successful combination of a structured medical environment and treatment, she can be rehabilitated. Dr. Rowland alleges she has not had any alcohol for at least nine months, and this allegation was repeated to Dr. Miller. There is no evidence to the contrary. Dr. Rowland further alleges that during her illness, her children and her funds were taken from her by her father under a power of attorney she gave him at the time. Using that power, he converted all of her funds to the names of her children, and she is presently without funds. Dr. Rowland indicates she has been quite active over the past few months in drug and alcohol abuse work on a voluntary basis and has also felt totally well since she is no longer under the care of psychiatrists whom she blames primarily for her condition. She intends, when able to do so, to undergo another residency to prepare herself to enter the practice of medicine as an emergency room physician.
Recommendation Based upon the Findings of Fact and Conclusions of Law recited herein, it is RECOMMENDED THAT: The Respondent be found subject to disciplinary action under Florida Statutes Section 458.331(1)(s). The license of the Respondent, Maxine Moody Rowland, to practice medicine in the State of Florida be restricted and limited to practice while under the supervision of a licensed physician and with the further proviso that she receive continued psychiatric counseling as deemed necessary by her treating physician. The restrictions and limitations continue until such time and under such terms and conditions as the Hoard of Medical Examiners determines is necessary to insure protection of the Respondent's patients and her ability to practice medicine with reasonable skill and safety. RECOMMENDED this 1st day of February, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 1st day of February, 1983. COPIES FURNISHED: Charlie L. Adams, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Maxine Rowland, M.D. 4904 Empire Avenue Jacksonville, Florida 32207 Ms. Dorothy Faircloth Executive Director Board of Medical Examiners Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA BEFORE THE BOARD OF MEDICAL EXAMINERS DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS, Petitioner, CASE NO: 82-1954 vs. MAXINE ROWLAND, M.D., License Number: 13726, Respondent. /
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the petition of Indian River County Hospital District be DENIED and that the present review cycle for its application and that of Intervenor-respondents be retained. DONE and ENTERED this 21st day of November, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 21st day of November, 1983.
