NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JAMES HOWARD SMITH, II, ) ) Appellant, ) ) v. ) Case No. 2D14-3341 ) SHANE WIKER, ) ) Appellee. ) _ ) Opinion filed May 25, 2016. Appeal from the Circuit Court for Polk County; Keith P. Spoto, Judge. Matthew A. Leibert of Urban Thier Federer & Chinnery, P.A., Orlando, for Appellant. Robert H. Grizzard, II of Robert H. Grizzard, II, P.A., Lakeland, for Appellee..

Count One. Whether Respondent, Jacinta Irene Gillis, M.D. (hereinafter referred to herein as "Dr. Gillis"), violated sections 458.331(1)(nn) and 458.326, Florida Statutes (2008 and 2009), by: a. Failing to diagnose patient M.G. with intractable pain prior to prescribing a controlled substance under Schedules II-V, as provided in section 893.03, from on or about December 19, 2008 through December 30, 2009; b. By inappropriately or excessively prescribing potentially lethal, highly abused, controlled substances, to wit: oxycodone, oxycontin, Percocet, and Valium, to M.G. without justification during the same time period; c. By inappropriately or excessively prescribing controlled substances to M.G. prior to exploring other treatment modalities or rehabilitation; and d. By failing to order a urine drug screen on M.G. at any time during her course of treatment. Count Two. Whether Dr. Gillis failed to keep legible medical records justifying the course of treatment for M.G. in one or more of the following ways: a. By failing to document justification for inappropriately or excessively prescribing controlled substances during her course of treatment; and b. By failing to document justification for not ordering a urine drug screen during the course of treatment. Count Three. Whether Dr. Gillis failed to meet the required standard of care in regards to her treatment of M.G. in one or more of the following ways: a. By inappropriately or excessively prescribing controlled substances without justification; b. By failing to confirm whether M.G. presented to a psychiatrist or psychologist after the initial referral by Dr. Gillis; c. By failing to order a urine drug screening of M.G. during her course of treatment; and d. By inappropriately or excessively prescribing controlled substances prior to exploring other modalities or rehabilitation. Count Four. Whether Dr. Gillis prescribed controlled substances, other than in the course of her professional practice, by prescribing controlled substances inappropriately or excessively in one or more of the following ways: a. By inappropriately or excessively prescribing controlled substances prior to exploring other treatment modalities or rehabilitation for M.G.; b. By inappropriately or excessively prescribing controlled substances without ordering a urine drug screening for M.G.; and c. By inappropriately or excessively prescribing controlled substances to M.G. without justification.Dr. Gillis failed to properly diagnose, treat, and medicate patients; recommend suspension of license and payment of costs and fees.

Count One. Whether Dr. Gillis violated section 458.331(1)(nn), Florida Statutes (2008),1/ and Florida Administrative Code Rule 64B8-9.013(3) in one or more of the following ways: a. By failing to perform or document performing a complete physical exam of R.S.; b. By failing to explore or document exploring other treatment modalities or rehabilitation for R.S.; c. By failing to obtain or document obtaining a complete medical history of R.S.; d. By failing to document the nature or intensity of R.S.'s pain; e. By failing to document the current or past treatments of R.S.'s pain; f. By failing to document information on the effect of pain on R.S.'s physical or psychological function; g. By failing to develop or document developing a treatment plan for R.S.; and h. By failing to determine or document determining if there were any underlying or coexisting diseases or conditions for R.S. Count Two. Whether Dr. Gillis violated sections 458.331(1)(nn) and 458.326 in one or more of the following ways: a. By failing to diagnose R.S. with intractable pain prior to prescribing controlled substances, i.e., Percocet; b. By prescribing 90 tablets of Percocet 10/325 to R.S. without justification; c. By prescribing Percocet to R.S. without exploring other treatment modalities or rehabilitation; and d. By inappropriately prescribing Percocet to R.S. after R.S. reported that he was not currently being treated for pain. Count Three. Whether Dr. Gillis failed to keep legible medical records justifying the course of treatment for R.S. in one or more of the following ways: a. By failing to document justification for prescribing Percocet to R.S.; b. By failing to document a complete physical examination of R.S. prior to prescribing Percocet; c. By failing to document a complete medical history of R.S. prior to prescribing a controlled substance; d. By failing to document a urine screen on R.S.; and e. By failing to document a diagnosis of intractable pain for R.S. Count Four. Whether Dr. Gillis violated sections 458.331(1)(nn) and 458.326 in one or more of the following ways: a. By failing to perform or document performing a complete physical examination of D.H. on either of two visits; b. By failing to obtain or document obtaining a complete medical history on D.H.; c. By failing to explore or document exploring other treatment modalities or rehabilitation for D.H.; d. By failing to document the nature or intensity of D.H.'s pain; e. By failing to document the current or past treatments of D.H.'s pain; f. By failing to document information on the effect of pain on D.H.'s physical or psychological function; g. By failing to develop or document a treatment plan for D.H.; and h. By failing to determine or document determining if there were any underlying or coexisting diseases or conditions for D.H. Count Five. Whether Dr. Gillis violated sections 458.331(1)(nn) and 458.326 in one or more of the following ways: a. By failing to diagnose D.H. with intractable pain prior to prescribing a controlled substance, i.e., oxycodone; b. By prescribing 120 tablets of 30 mg oxycodone without justification; c. By prescribing 120 tablets of 30 mg oxycodone prior to exploring other treatment modalities or rehabilitation for D.H.; and d. By prescribing oxycodone to D.H. after D.H. reported that he was not experiencing any pain. Count Six. Whether Dr. Gillis failed to keep legible medical records justifying the course of treatment for D.H. in one or more of the following ways: a. By failing to document justification for prescribing 120 tablets of 30 mg oxycodone; b. By failing to document a complete physical examination of D.H. prior to prescribing a controlled substance; c. By failing to document a complete medical history of D.H.; d. By failing to document urine drug screening of D.H. prior to prescribing a controlled substance; and e. By failing to document a diagnosis of intractable pain for D.H. prior to prescribing a controlled substance.Dr. Gillis failed to properly diagnose, treat, and medicate patients; recommend suspension of license and payment of costs and fees.