Division of Administrative Hearings, Florida
Filed: Apr. 29, 1994
The issues in this case are whether the Board of Medicine should discipline the Respondent on the following charges: Count I, that he inappropriately prescribed legend drugs (Didrex, Tenuate, and Tenuate Dospan) other than in the course of his professional practice, in violation of Section 458.331(1)(q), Fla. Stat. (1993); and, Count II, that he failed to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in violation of Section 458.331(1)(t), Fla. Stat. (1993). Specifically, it was alleged that the named legend drugs which the Respondent prescribed were inappropriate due to the patient's hypertension; that he prescribed them notwithstanding his awareness of precautions regarding those prescriptions; that he failed to recognize the patient's progressive dependency on amphetamine-type medications; and that he failed to refer the patient to a specialist.Petitioner proved one violation for prescribing amphetamine-like appetite suppressant to patient with high blood pressure, but no evidence of progresive dependence.
