STATE OF FLORIDA

BOARD OF OSTEOPATHIC MEDICINE

AGENCY FOR HEALTH CARE ADMINISTRATION

Petitioner, CASE NO.: 93-03264 CASE NO.: 95-03584

vs. LICENSE NO.: OS 0004200

FRANKLIN S. MILES, D.O.,

Respondent.

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AMENDED FINAL ORDER

THIS CAUSE came before the Board of Osteopathic Medicine (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on September 13,1997, in Tampa, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order, Exceptions to the Recommended Order, and Response to Exceptions (copies of which are attached hereto as Exhibits A, B, and C, respectively) in the above-styled cause. Petitioner was represented by Larry G. McPherson, Jr., Esq, ChiefAttorney.

Respondent who was not present, was represented by Christopher

1. Schulte, Esquire.

   
   

   Upon review of the Recommended Order, the argument of the parties, and after a review of the complete record in this case, the Board makes the following findings and conclusions.

   
   

   RULINGS ON EXCEPTIONS

   
   

   1. Respondent's Exception to the Administrative Law Judge's Recommended Finding of Fact number 1, (regarding paragraphs 23 and 25 of the Recommended Order) is rejected by the Board because the Recommended Finding of Fact is supported by competent substantial evidence as set forth in the response of the Petitioner to Respondent's first exception.

      
      

   2. Respondent's Exception to the Administrative Law Judge's Recommended Finding of Fact number 2,(regarding paragraphs 36,37,38, and 39) is accepted. The Board found that there was no competent evidence to support the finding of fact. As to paragraph 36, the Board found in the record substantial competent evidence that Respondent attempted to use other less addictive medications for Patient L.C., Patient L.C. received

osteopathic manipulations, there was no evidence that Patient

1. had forged or

   
   

   FINDINGS OF FACT

   
   

   1. The findings of fact set forth in the Recommended Order as amended, are approved and adopted and incorporated herein by reference.

      
      

   2. There is competent substantial evidence to support the findings of fact as amended.

CONCLUSIONS OF LAW

1. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 458, Florida Statutes.

   
   

2. Based on the amended Findings of Facts, the conclusions of law set forth in paragraphs 47,48, and 49 are amended to reflect that the Petitioner did not demonstrate by clear and convincing evidence that Respondent violated Sections 459.015(1)(x), (o) and (t), Florida Statutes, and the Conclusions of law as amended are approved and adopted and incorporated herein by reference.

   
   

3. There is competent substantial evidence to support the conclusions of law as amended.

PENALTY

Upon a complete review of the record in this case, the Board determines that the penalty recommended by the Administrative Law Judge be rejected. WHEREFORE,

IT IS HEREBY ORDERED AND ADJUDGED that Respondent shall complete the medical records continuing education course offered at the University of South Florida and he shall complete a drug control course. Both courses should be completed within one year of the date of this final order. Respondent shall receive a letter of concern which shall be attached to and become a part of this final order.

This Final Order shall take effect upon being filed with the Clerk of the Department of Health.

DONE AND ORDERED this 19 day of January, 1998.

BOARD OF OSTEOPATHIC MEDICINE

JOEL B. ROSE, D.O. CHAIRMAN

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES, IF REVIEW OF THE FINAL AGENCY DECISION WOULD NOT PROVIDE AN ADEQUATE REMEDY. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE AGENCY FOR HEALTH CARE ADMINISTRATION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Amended Final Order has been provided by U.S. Mail to Christopher J. Schulte, Esq., Shear, Newman, Hahn, & Rosenkrantz, P.A., 201 East Kennedy Blvd., Tampa, F1. 33601; and by interoffice delivery to Larry G. McPherson, Jr., Chief Attorney, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5403, on or before 5:00 p.m., this

day of January, 1998

AMENDED CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been provided by certified mail to Franklin S. Miles, D.O., 4747 West Waters Avenue, #3701, Tampa, FL 33614, Christopher J. Shculte, Esquire, Shear, Newman, Hahn & Rosenkrantz, PA, 201 East Kennedy Blvd., Tampa, FL 33601, and interoff~ce delivery to Larry McPherson, Jr., Chief Attorney,

2727 Mahan Drive, Tallahassee, Florida 32308-5403, at or before 5:00 p.m., this 24th day of February, 1998.

Vicki Ellison

Docket for Case No: 95-005558

Orders for Case No: 95-005558