Division of Administrative Hearings, Florida
Filed: Jun. 23, 2000
Whether Respondent violated various provisions of Chapter 458, Florida Statutes, to wit: (1) Subsection 458.331(1)(t), Florida Statutes, by failing 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, with regard to patients known in this record as B. D., S. R., L. R. and E. M.; (2) Subsection 458.331(1)(g), Florida Statutes, by utilizing liquid injectable silicone in his treatment of patients B. D., S. R., L. R. and E. M., in violation of the Federal Food Drug and Cosmetic Act and thereby failing to comply with a statutory or legal obligation placed upon a licensed physician; and (3) Subsection 458.331(1)(u), Florida Statutes, by utilizing liquid injectable silicone, an investigational device not approved for general medical use or for use in plastic surgery, and not conforming to prevailing standards of medical practice in Altamonte Springs or any other community in Florida, thereby engaging in experimentation on a human subject. If Respondent is guilty of said violations, what discipline should be imposed.Respondent is guilty of failure to practice medicine with appropriate level of care; failure to comply with statutory obligations; and performing experimentation on human subjects without fully informed consent.
