CEO 83-68 -- September 22, 1983

CONFLICT OF INTEREST

STATE BOARD OF MEDICAL EXAMINERS MEMBER SERVING AS OFFICER OF REGIONAL MEDICAL ASSOCIATION

To: Dr. Robert B. Katims, Member, Florida Board of Medical Examiners

SUMMARY:

No prohibited conflict of interest would be created were a member of the State Board of Medical Examiners to serve as an officer of a regional medical association encompassing the southern states. Section 112.313(11), Florida Statutes, merely prohibits members of professional and occupational licensing boards from serving as an officer, director, or administrator of a Florida state, county, or regional professional or occupational association.

QUESTION:

Would a prohibited conflict of interest be created were you, a member of the State Board of Medical Examiners, to serve as an officer of a regional medical association encompassing the southern states?

Your question is answered in the negative.

In your letter of inquiry you advise that you serve as a member of the Board of Medical Examiners. You also advise that you have been invited to serve as Secretary-Elect of the Section on Medicine of the Southern Medical Association, an association encompassing the southern states. Finally, you advise that the only purpose of the Association is continuing medical education.

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

PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS. -- No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. [E.S.] [Section 112.313(11), Florida Statutes (1981).]

As the Legislature has specified that only Florida state, regional, or county professional associations are included within this prohibition, it is apparent that your services with the Southern Medical Association would not be prohibited.

Accordingly, we find that no prohibited conflict of interest would be created were you to serve as an officer of the Southern Medical Association while also sitting as a member of the Board of Medical Examiners.