CEO 76-39 -- February 13, 1976

CONFLICT OF INTEREST

MEMBER OF SPEECH PATHOLOGY AND AUDIOLOGY COUNCIL IN HEARING AID BUSINESS

To: (Name withheld at the person's request.)

Prepared by: Bonnie Johnson

SUMMARY:

The State Speech Pathology and Audiology Council serves as an advisory board to the State Department of Education, recommending examination procedures and minimum requirements for certification in the field of speech pathology or audiology and investigating alleged irregularities in the practice of the profession. The council therefore takes part in formulating regulations affecting the practice of the profession, but does not in any way regulate private businesses dealing in equipment or devices utilized by such practitioners. Consequently, Fla. Stat. s. 112.313(7)(1975) is not violated where a member of the council privately is employed as a consultant on and distributor of hearing aids in the state.

QUESTION:

Does a prohibited conflict of interest exist where a member of the Speech Pathology and Audiology Council of the State Department of Education is employed privately as the regional manager of a hearing aid corporation?

Your question is answered in the negative.

You inform us in your letter of inquiry that the subject board member is the Southeastern Regional Manager for the ____ Hearing Aid Corporation, in which capacity he serves as a consultant on and a distributor of hearing aids to audiologists, clinic directors, and hearing aid dealers in eleven states. He does not deal directly with clients, however.

The Speech Pathology and Audiology Council, as established by part IV, Ch. 468, F. S., serves as an advisory board to the State Department of Education, its members being appointed by the department from recommendations by the Florida Speech and Hearing Association. The council is charged, in relevant part, with recommending to the department examination procedures for certification in the field of speech pathology or audiology and with recommending minimum requirements for such certification. It is further the responsibility of the council to investigate alleged irregularities in the practice of speech pathology and audiology and to make recommendations to the department with respect thereto. Fla. Stat. s. 468.144(7).

The Code of Ethics for Public Officers and Employees provides in pertinent part:

CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. --

(a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer or employee . . . ; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. [Fla. Stat. s. 112.313(7)(1975).]

As a member of the Speech Pathology and Audiology Council, the subject board member is a "public officer" for purposes of the standards of conduct provisions of the Code of Ethics. See Fla. Stat. s. 112.313(1)(1975). Therefore, he is prohibited by the above- quoted statute from holding private employment with any business entity subject to the regulation of or doing business with his public agency, the Speech Pathology and Audiology Council.

The council, which is clearly advisory in nature, takes part in formulating regulations affecting the practice of speech pathology and audiology by persons in the State of Florida. It does not, however, in any way regulate private businesses dealing in equipment or devices utilized by such practitioners. Nor does the council transact business with private companies dealing in speech and hearing equipment.

Accordingly, we find no prohibited conflict in the subject council member's holding private employment as a consultant on and distributor of hearing aids in the state.