STATE OF FLORIDA DEPARTMENT OF HEALTH FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE JUN 0 6 2017 DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-25889 WILLIAM ERIC GLAZER, C.R.T., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint against Respondent William Eric Glazer, C.R.T., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of radiologic technologists pursuant Chapter 468, Part IV, Florida Statutes. 2. At all times material to this Complaint, Respondent was certified to practice as a radiologic technologist within the State of Florida, having been issued certification number CRT 87534. 3. On or about October 18, 2016, Respondent reported a series of arrests and convictions related to inhalant abuse to the Council on Radiation
Protection. 4. Respondent wrote in an attachment to the report that he was addicted to inhaling air duster. He explained that he began using air duster as an escape from depression rather than seeking proper treatment. 5. On or about March 10, 2016, Respondent drove his car recklessly, parked, and appeared to be smoking drugs. 6. Palm Beach County Sheriff's Deputies responded and observed Respondent in his car. 7. Respondent was shaking and unable to answer questions. Deputies noticed cans of compressed air in Respondent's hand and scattered throughout his car. 8. Respondent told deputies that he was addicted to huffing compressed air. 9. On or about December 29, 2016, Monroe County Sheriff's Deputies received reports from three callers about a reckless driver who appeared to be impaired. Deputies located the vehicle parked and observed Respondent in the driver's seat. 10. Respondent had a can of compressed gas duster in his hand and his lips were grey, ashy, and dry. He denied inhaling the air, drinking, or 2
taking any other drugs. 11. Respondent's speech was slurred and he appeared to be unaware of his location and surroundings. Outside of the vehicle, Respondent had trouble maintaining his balance, swayed side to side, and was unable to walk in a straight line while maintaining his balance. Respondent refused to participate in Standardized Field Sobriety Exercises.1 12. Poison Control identified the compressed gas can as containing difluoroethane (DFE), a halogenated hydrocarbon used as a propellant in products designed for dusting electronics. If abused (inhaled), DFE causes intoxication and loss of muscular coordination. 13. Respondent was arrested and charged with driving under the influence (DUI). On January 10, 2017, he plead nolo contendere to DUI in Monroe County case 2017MM12. 14. On or about April 17, 2017, Dr. Edward Barias, M.D., an expert in addiction psychiatry, evaluated Respondent pursuant to Department order. 'Standardized Field Sobriety Exercises are used by law enforcement to determine if an individual is impaired due to alcohol or drug use. The exercises consist of Horizontal Gaze Nystagmus (HGN), the Walk and Turn exercise ("WAT"), and the One Leg Stand ("OLS"). The WAT and OLS test are divided attention exercises in which an individual is given simple instructions to perform simple physical tasks. An impaired individual will have difficulty following these instructions and/or physically executing these tasks. 3
15. Dr. Barias diagnosed Respondent with inhalant dependency, inhalant-induced mood disorder, opioid dependency in full sustained remission, and alcohol dependency in full sustained remission 16. Dr. Barias opined that Respondent is unable to practice with reasonable skill and safety to patients. 17. Section 468.3101(1)(g), Florida Statutes (2016), authorizes discipline against a certificate holder for being unable to practice radiologic technology with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or other materials or as a result of any mental or physical condition. 18. Respondent is unable to practice radiologic technology with reasonable skill and safety to patients due to one or more of the following a. Inhalant dependency; and/or b. Inhalant-induced mood disorder. 19. Based on the foregoing, Respondent violated Section 468.3101(1)(g), Florida Statutes (2016). WHEREFORE, Petitioner respectfully requests that the Bureau of Radiation Control enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's certification, 4
restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this day of (ialtg-i 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Keith Humphrey Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 93767 (P) (850) 245-4640 ext. 8222 (F) (850) 245-4662 (E) Keith.Humphrey@flhealth.gov
NOTICE QF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120,573, Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition any other discipline imposed. 6