CEO 87-34 -- June 11, 1987

CONFLICT OF INTEREST

DHRS COUNSELOR EMPLOYED BY HOME HEALTH CARE COMPANY

To: Ms. Carol Richards, Counselor Supervisor, District 5, Children, Youth and Families Program, Department of Health and Rehabilitative Services, New Port Richey

SUMMARY:

No prohibited conflict of interest exists under Section 112.313(7)(a), Florida Statutes, where a counselor for a Department of Health and Rehabilitative Services District Children, Youth and Families Program works as a medical social worker for a private local health care agency which is licensed by D.H.R.S. Here, the private entity has no contractual relationship with D.H.R.S. Although the private entity is regulated by D.H.R.S., the subject employee plays no role in the licensure or inspection process. Nor is the employee in a position to refer D.H.R.S. clients to her private employer.

QUESTION:

Would a prohibited conflict of interest be created were a counselor for a Department of Health and Rehabilitative Services District Children, Youth and Families Program to be employed part-time by a private local home health care company as a medical social worker?

Your question is answered in the negative.

In your letter of inquiry you advise that .... is employed as a counselor with the District 5 Children, Youth and Families Program for the Department of Health and Rehabilitative Services, with responsibilities relating to children in foster care. You further advise that she is employed part-time by a private home health care agency as a medical social worker. In that position she is primarily responsible for providing community resources information and brief crisis intervention counseling to patients. The Director of Social Services for the home health care company advises that the company is licensed by D.H.R.S. Licensure review is conducted by the D.H.R.S. Licensure and Certification Office by registered nurses. He further advises that the company has no contractual arrangements with D.H.R.S. offices. While it is possible for a D.H.R.S. client to be referred to the home health care company for medical services, such a referral can only be effected by the order of a licensed physician. The physicians themselves select the home health care company, and the patients cannot refer themselves.

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

CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. -- 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. [Section 112.313(7)(a), Florida Statutes (1985).]

This provision prohibits a public employee from having any employment or contractual relationship with a business entity which is subject to the regulation of, or doing business with her agency.

While the private home health care company is regulated by D.H.R.S., the following provision requires that the Code of Ethics for Public Officers and Employees not be interpreted to preclude private pursuits which do not interfere with the full and faithful discharge of a public employee's duties:

Construction. -- It is not the intent of this part, nor shall it be construed, to prevent any officer or employee of a state agency or county, city, or other political subdivision of the state or any legislator or legislative employee from accepting other employment or following any pursuit which does not interfere with the full and faithful discharge by such officer, employee, legislator, or legislative employee of his duties to the state or the county, city, or other political subdivision of the state involved. [Section 112.316, Florida Statutes (1985).]

In previous opinions, we have advised that D.H.R.S. employees whose public responsibilities were unrelated to their private pursuits could retain their outside employment without violating the Code of Ethics. Here, the public employee plays no role in the licensure or inspection of the private home health care company. Nor is she in a position to influence referrals to the private company.

Accordingly, we find that no prohibited conflict of interest exists where a counselor for a D.H.R.S. District Children, Youth and Families Program is employed by a private home health care company.