CEO 84-93 -- October 18, 1984

CONFLICT OF INTEREST

COUNTY HEALTH DEPARTMENT NURSE OWNING BUSINESS INSPECTED BY HEALTH DEPARTMENT

To: Ms. Barbara A. Dell McPherson, Legal Counsel, District V, Department of Health and Rehabilitative Services

SUMMARY:

No prohibited conflict of interest exists where a nurse employed by a county health department nursing division owns a business which is inspected by the environmental health division of the department. The employee's responsibilities are completely separate from those of the environmental health division which regulates her private business. CEO 77-147 is referenced.

QUESTION:

Does a prohibited conflict of interest exist where a nurse employed by a county health department owns a business which is inspected by the health department?

Under the circumstances presented, your question is answered in the negative.

In your letter of inquiry you advise that Ms. Grace P. Hall is employed as a nurse by the Pasco County Health Department in its Nursing Division. You also advise that she owns a business which has a food service permit from the Department and which is inspected by the Environmental Health Division of the Department. The Nursing Division, which is concerned with patient care and personal health, is located in an office completely separate from the Environmental Health Division.

In a previous opinion, CEO 77-147, we advised that employees of a county department of public health could be employed part-time with a nursing home or hospital so long as the employee was not in a position to inspect or regulate nursing homes or hospitals and was not in a position to supervise or regulate those persons who were responsible for the regulation of nursing homes and hospitals. As the subject employee's responsibilities are completely separate from those of the Environmental Health Division which regulate her private business, we are of the opinion that the rationale of CEO 77-147 applies here.

Accordingly, we find that no prohibited conflict of interest exists where the subject nurse, employed by the County Health Department's Nursing Division, owns a business which is regulated by the Environmental Health Division of the Health Department.