CEO 88-44 -- July 28, 1988

CONFLICT OF INTEREST

D.H.R.S. PUBLIC HEALTH PHYSICIST EMPLOYED AS

X-RAY DIAGNOSTICIAN FOR LOCAL HOSPITAL

To: Mr. Lyle E. Jerrett, Director, Office of Radiation Control, Department of Health and Rehabilitative Services, Tallahassee

SUMMARY:

A prohibited conflict of interest would be created were a Department of Health and Rehabilitative Services public health physicist who is responsible for licensing medical users of radioactive materials to be employed as an x-ray diagnostician at a local hospital. Here, the employee would have an employment relationship with a business entity subject to the regulation of his agency, in violation of Section 112.313(7)(a), Florida Statutes.

QUESTION:

Would a prohibited conflict of interest be created were a Department of Health and Rehabilitative Services public health physicist to be employed by a local hospital as an x-ray diagnostician?

Your question is answered in the affirmative.

In your letter of inquiry you advise that Mr. Randy Aldridge is employed by the Department of Health and Rehabilitative Services, Office of Radiation Control, as a Public Health Physicist. In that position he is responsible for licensing medical and nonmedical users of radioactive materials throughout the State. You further advise that he is seeking part-time employment as an x-ray diagnostician at a local hospital.

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 (1987).]

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

In a telephone conversation with our staff you advised that the hospital, as a user of radioactive materials, is regulated directly by the subject employee's section of the Office of Radiation Control. The Office of Radiation Control also regulates several other functions within the local hospital.

Accordingly, we find that a prohibited conflict of interest would be created were a D.H.R.S. Public Health Physicist responsible for licensing medical users of radioactive materials to be employed by the local hospital as an x-ray diagnostician.