Division of Administrative Hearings, Florida
Filed: Nov. 12, 2004
The issues are whether Respondent is guilty, in his care of each of several patients, of failing to perform a statutory or legal obligation by performing unnecessary diagnostic tests, failing to keep legible medical records justifying the course of treatment, exercising influence on the patient to exploit the patient for the financial gain of Respondent or a third party, prescribing legend drugs other than in the course of his professional practice, and failing to practice medicine in accordance with the applicable level of care. If Respondent is guilty of any of these violations, an additional issue is what penalty should be imposed.$29,000 fine and 5 years` probation for 4 violations of statute prohibiting financial exploitation of patients, 3 of failing to perform a statutory duty, 3 of failing to keep medical records, 2 of inappropriate prescriptions, and 1 of standard of care.