Rick Patrick
rick@greenepublishing.com
On Friday, Feb. 10, an Order of Emergency Restriction of License was filed by Florida Surgeon General, Joseph A. Ladapo, M.D., PhD., ordering the emergency restriction of the license of Theresa Blaine Baker Payne, D.O. to practice as an osteopathic physician in the State of Florida. This order came as a result of several incidences in which Dr. Payne was found to have been driving under the influence (DUI) of alcohol. The order was issued by the State of Florida Department of Health.
The order references three separate occurrences of Dr. Payne being stopped by law enforcement officers and failing to successfully complete sobriety tests. These occurrences span a time frame of 2016 to 2022.
According to the Order, the first instance happened in September of 2016, when a Hamilton County deputy observed a vehicle at a complete stop, blocking an entire lane of traffic. The deputy approached the vehicle and observed Dr. Payne slumped over the steering wheel while holding a clear plastic cup in her hand. The deputy determined the cup contained wine and not apple juice as Dr. Payne indicated. Dr. Payne was requested to conduct standardized field sobriety exercises, which she failed to successfully complete. Dr. Payne was arrested for DUI and for possession of an open container. In December of 2017, Dr. Payne pled guilty to an amended charge of reckless driving and was adjudicated guilty. As a condition of her plea, Dr. Payne was required to complete 12 hours of DUI School and a Victim Impact Panel.
In April of 2020, the Santa Rosa County Sheriff's Office (SRCSO) received a call about a vehicle driving erratically on a bridge. A SRCSO deputy initiated a traffic stop and observed Dr. Payne displaying signs of impairment such as bloodshot and watery eyes, slurred speech, unsteadiness while walking and poor balance. The deputy found a plastic cup containing alcohol in the front center console. The deputy requested that Dr. Payne conduct standardized FSEs, which Dr. Payne failed to successfully complete. The deputy also asked Dr. Payne to submit to a breathalyzer test. The results of the breathalyzer showed Dr. Payne's blood alcohol content 0.097 and 0.1 grams of alcohol per 210 liters of breath. (Florida law states that a person is presumed to be impaired when their breath alcohol concentration is 0.08 grams of alcohol per 210 liters of breath or higher.) Dr. Payne was arrested for DUI drugs or alcohol and for possession of an open container. In May of 2021, Dr. Payne entered a plea of nolo contendere (no contest) and was adjudicated guilty of the DUI charge. As a condition of her plea, she was again required to complete DUI School and a Victim Impact Panel.
Then, in June of 2022, the Madison County Sheriff's Office (MCSO) received multiple calls regarding a reckless driver almost colliding with other vehicles and swerving. A MCSO deputy initiated a traffic stop and observed Dr. Payne displaying signs of impairment, including watery eyes, slurred speech, slow movements with her head and hands, poor balance and the appearance of a confused state of mind. The deputy requested that Dr. Payne conduct standardized FSEs, and again, Dr. Payne failed to successfully complete the exercises. A search of Dr. Payne's vehicle revealed two bottles of Sutter Home wine underneath the driver's seat, two clear plastic cups containing small amounts of alcohol, two bottles of wine in the trunk and a pill bottle with 11 and one half tablets of zolpidem (commonly referred to as Ambien, which is a Schedule IV controlled substance). Dr. Payne was arrested and charged with DUI, possession of zolpidem, unknowingly driving while license suspended, refusal to sign a summons or citation and possession of an open container. In December of 2022, Dr. Payne pled guilty to the DUI charge and was sentenced to 10 days of jail and 12 months of probation. In addition, Dr. Payne's driver's license was suspended for five years, she was ordered to perform 50 hours of community service and she was assessed $2,465 in court costs and fines. She was ordered to complete DUI School, another Victim Impact Panel and install a breathalyzer control device in her vehicle.
In November of 2022, Dr. Jamie Smolen, a physician specializing in addiction psychiatry, evaluated Dr. Payne, as requested by the Department of Health. Dr. Smolen diagnosed Dr. Payne with severe alcohol use disorder.
It was Dr. Smolen's recommendation that Dr. Payne enter into a residential or partial hospitalization program (PHP) at a facility that has expertise in treating healthcare professionals with substance abuse disorders. It was further recommended that Dr. Payne abstain from alcohol, all controlled substances and over-the-counter sedatives, comply with the terms of her criminal probation, undergo a neuropsychological evaluation, undergo individual psychotherapy and engage in a monitoring contract with the Professionals Resource Network (PRN). The PRN is the organization that monitors treatment of impaired healthcare professionals. The PRN also oversees random drug tests and provides for the exchange of information between treatment providers and the Department of Health for the sake of protecting the public. According to the Order, Dr. Payne failed to comply with Dr. Smolen's recommendations.
The Order further states that “Dr. Payne's diagnosis of severe alcohol use disorder indicates that Dr. Payne is not capable of caring for patients in a manner that is correct and safe.” The Order goes on to state that because of Dr. Payne's alcohol use disorder and the fact that she has not engaged in the recommended treatment, if she were to be allowed to continue to practice osteopathic medicine would “constitute an immediate, serious danger to the public health, safety and welfare.”
It was ordered that “the license of Theresa Blaine Baker Payne, D.O., to practice as an osteopathic physician, license number OS 9255, is immediately restricted to prohibit Dr. Payne from practicing osteopathic medicine until PRN or a PRN-approved evaluator notifies the Department [of Health] that she is safe to resume the practice of osteopathic medicine.”
Lastly, the Order states that “a proceeding seeking formal discipline of the license of Theresa Blaine Baker Payne, D.O., to practice osteopathic medicine in the State of Florida will be promptly instituted and acted upon in compliance with sections 120.569 and 120.60(6) [of Florida Statutes].”