STATE OF FLORIDA BOARD OF MEDICINE

DEPARTMENT OF HEALTH,

Petitioner,

vs. DOAH CASE NO.: 99-2997

DOH CASE NO.: 95-03135

ROBERT V. CARIDA, M.D., LICENSE NO.: ME0019622

Respondent.

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FINAL ORDER

THIS CAUSE came before the Board of Medicine (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on June 3, 2000, in Ft. Lauderdale, 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., Senior Prosecuting Attorney. Respondent was present and represented by Robert Jennings, 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

The Board reviewed the Exceptions filed by the Respondent and the Response to the Exceptions filed by the Petitioner and makes the following rulings:

1. With regard to the Exceptions filed by the Respondent as set forth in paragraphs 1-5 of the Respondent's Exceptions, the Board accepts the exceptions and corrects the second sentence of paragraph 3 of the Findings of Fact in the Recommended Order to read "Dr. Carida did not attend patients in the hospital between 1990 and 1994 because of his own health problems."

   
   

2. With regard to the exceptions filed by the Respondent as set forth in paragraphs 6-10 of the Respondent's Exceptions, the Board rejects the exceptions for the reasons set forth in the Petitioner's Response and for the reasons stated orally.

FINDINGS OF FACT

1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference with the amendment set forth above.

   
   

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. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

   
   

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

PENALTY

Upon a complete review of the record in this case, the Board determines that the recommendation of the Administrative Law Judge be REJECTED. First, there need to be two technical corrections in the disposition. One is that the reference to the Department of Business and Professional Regulation must be changed to reference the Department of Health. Second, the finding by the Administrative Law Judge in Paragraph 40 of the Recommended Order, that there was not a violation of Section 458.331(1)(t), Florida Statutes, warrants the dismissal of Count II of the Administrative Complaint, not Count I. The Board determined that alteration of the penalty was appropriate because of the finding that there was a medical records violation. The accuracy and adequacy of medical records is essential to proper patient care. A review of Paragraph 29 of the Recommended Order makes it clear that Respondent needs education in the area of keeping adequate medical records. Accordingly, Respondent must complete the medical records course sponsored by the Florida Medical Association and submit documentation of completion of said course to the Board office. The continuing medical education required herein shall be in lieu of the reprimand recommended by the Administrative Law Judge.

WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that

1. Count II of the Administrative Complaint is hereby DISMISSED.

   
   

2. Respondent shall pay an administrative fine in the amount of $250 within 30 days from the date this Final Order is filed.

   
   

3. Respondent shall complete the medical records course sponsored by the Florida Medical Association and submit documentation of completion of said course to the Board office within one year from the date this Final Order is filed.

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

DONE AND ORDERED this 23rd day of June, 2000.

BOARD OF MEDICINE

Tanya Williams for GEORGES A EL-BAHRI, M.D.

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. 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 Final Order has been provided by U.S. Mail to Robert V. Carida, M.D., 1800 West Hillsboro Boulevard, Suite 203, Deerfield Beach, Florida 33442; to Robert Jennings, Esquire, Jennings & Valancy, P.A., 311 Southeast 13th Street, Ft. Lauderdale, Florida 33316; to Patricia Hart Malono, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by

interoffice delivery to Kathryn L. Kasprzak, Chief Medical Attorney, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5403, on or before 5:00 p.m., this 28th day of June, 2000.

Connie Singletary

Docket for Case No: 99-002997

Orders for Case No: 99-002997