Conclusions Having reviewed the Administrative Complaint dated July 20, 2010, attached hereto and incorporated herein (Exhibit 1) , and all other matters of record, the Agency for Health Care Administration (“Agency”) has entered into a Settlement Agreement (Exhibit 2) with the parties to these proceedings, and being otherwise well-advised in the premises, finds and concludes as follows: ORDERED: 1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement. 2. Respondent shall pay, within thirty (30) days of the date of rendition of this Order, an administrative fine in the sum of seven Filed October 7, 2010 2:19 PM Division of Administrative Hearings. hundred fifty dollars ($750.00). Conditional licensure status is hereby imposed commencing April 8, 2010 and ending May 12, 2010. 3. Checks should be made payable to the “Agency for Health Care Administration.” The check, along with a reference to this case number, should be sent directly to: Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 4. Unpaid amounts pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available. 5. The Respondent’s request for an Administrative proceeding is hereby withdrawn. 6. Each party shall bear its own costs and attorney’s fees. 7. The above-styled case is hereby closed. DONE and ORDERED this _5 day of _October , 2010, in Tallahassee, Leon County, Florida. Elizabeth Dudek, “em Secretary Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Jonathan S. Grout, Esq. Goldsmith & Grout, P.A. 2431 Aloma Avenue, Suite 249 Winter Park, FL 32792 (U.S. Mail) Thomas F. Asbury, Senior Attorney Agency for Health Care Admin. 525 Mirror Lake Drive N. #330H St. Petersburg, Florida 33701 (Interoffice Mail) Jan Mills Agency for Health Care Admin. 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Agency for Health Care Admin. Office of Finance and Accounting Revenue Management Unit 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 (Interoffice Mail} J. D. Parrish Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the & Say of _ Osber _, 2010. Richard Shoop, Agency< Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 412-3630
Findings Of Fact At all pertinent times respondent Jimmy Maxwell Carter has been licensed as a physician in Florida. He holds Florida license No. ME 0039791. Also licensed to practice medicine in Alabama, Maryland and North Carolina, he has never been involved in disciplinary proceedings in those states. An ophthalmologist, respondent is on staff at three hospitals in Alabama, and was at all pertinent times. At none of those hospitals have his privileges ever been suspended or curtailed in any way. Although married to somebody else, respondent had an affair with a woman on the staff of Lyster Army Hospital at Fort Rucker, Alabama, in 1984. (Two years later, after a divorce, he married the woman, who is still his wife.) During this period of personal turmoil, on December 11, 1984, one Colonel Jenkins, his commanding officer, temporarily suspended respondent's medical privileges. After an evidentiary hearing the following spring, a majority of an army credentials committee found, among other things, that respondent was guilty of immoral conduct unbecoming a Medical Corps Officer in conducting a romantic relationship with a married female dependent employee in the department chaired by him, including pursuing said conduct in hospital spaces and in full view of patients and staff. d. LTC Carter spent one half to one-hour per day with Mrs. . . . thereby detracting from good patient care as evidenced by short clinical notes, incomplete examinations and failure to exercise good judgment. . . . Adverse patient impact resulted particularly as it conflicted with the Practitioner's other duties. f. . . . [A]ttention to Mrs. . . . delayed or interfered with expedient care of outpatients . . . although evidence of patient harm or adverse surgical outcome was not apparent. Petitioner's Exhibit No. 1. On account of its findings, the credential committee recommended, on April 18, 1985, that respondent's practice be limited to adult males, that he undergo psychiatric evaluation, and that he complete a course of specified readings in medical ethics and morals. On May 30, 1985, after a psychiatric evaluation, respondent's clinical privileges were restored, with restrictions requiring female patients be chaperoned. In August of 1987, the army fully restored respondent's clinical privileges.
Recommendation It is, accordingly, RECOMMENDED: That petitioner reprimand respondent. DONE and ENTERED this 1st day of November, 1990, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of November, 1990. APPENDIX Petitioner's proposed findings of fact Nos. 1 through 8 have been adopted, in substance, insofar as material. Respondent's proposed findings of fact Nos. 1 through 10 have been adopted, in substance, insofar as material. Copies furnished: Wellington H. Meffert II, Esquire Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Thomas F. Woods, Esquire Alex Barber, Esquire GATLIN WOODS CARLSON & COWDERY 1709-D Mahan Drive Tallahassee, Florida 32308 Dorothy Faircloth, Executive Director Florida Board of Medicine Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792
