Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE
Respondent: WALTER H. DORNBUSCH, D.V.M.
Judges: DANIEL M. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: Viera, Florida
Filed: Jun. 06, 2000
Status: Closed
Recommended Order on Tuesday, December 19, 2000.
Latest Update: Jul. 15, 2004
Summary: Whether disciplinary action should be taken against Respondent's license as a veterinarian based on alleged violations of Section 474.214, Florida Statutes (1997), as charged in the Administrative Complaints filed against Respondent in this proceeding. Count I of the Administrative Complaint in Case No. 00-2357 charged Respondent with a violation of Section 474.214(1)(r), Florida Statutes (1997): being guilty of incompetence or negligence by failing to practice medicine with that level of care,
Summary: Whether disciplinary action should be taken against Respondent's license as a veterinarian based on alleged violations of Section 474.214, Florida Statutes (1997), as charged in the Administrative Complaints filed against Respondent in this proceeding. Count I of the Administrative Complaint in Case No. 00-2357 charged Respondent with a violation of Section 474.214(1)(r), Florida Statutes (1997): being guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances. Count II of the Administrative Complaint charged Respondent with a violation of Section 474.214(1)(ee), Florida Statutes (1997): failing to keep contemporaneously written medical records as prescribed by Rule 61G18-18.002(3), Florida Administrative Code. The Administrative Complaint in Case No. 00-2358 charged Respondent with a violation of Section 474.214(1)(r), Florida Statutes (1997): being guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances.Respondent deviated from the standard of care in two cases by failure to offer a pre-anesthesia lab work-up; use of improper anesthesia protocol; and inadequate discharge instructions; suspension, fine, and probation.
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12-19-00
Final Order No. BPR-2003-01182 Date: 3.0}
STATE OF FLORIDA FILED
BOARD OF VETERINARY ME_ Department of Business and Professional Regulation
AGENCY CLERK
DEPARTMENT OF BUSINESS AND Sarah Wachman, Agency Clerk
PROFESSIONAL REGULATION, Whe ‘ L wm ; .
Me By:
Petitioner,
vs. DBPR CASE NOS.: 98-11323 Y —
98-21230 Ge.
WALTER H. DORNBUSCH, D.V.M., DOAH CASE NOS.: 00-2357 Sc
00-2358 BE ne
Respondent. ; F pO, GY,
/ DMK -CWS Wp. %,
WSs
FINAL ORDER Oe.
THIS MATTER came before the Board of Veterinary Medicine (hereinafter referred to as the
“Board”) pursuant to Section 120.57(1)(j), Florida Statutes, on March 6, 2001, in Fort
Lauderdale, Florida, for consideration of the Recommended Order (a copy of which is attached
hereto and incorporated herein by reference) issued by Administrative Law Judge Daniel M.
Kilbride in the above styled case. The Petitioner was represented by Joseph W. Malka,
Assistant General Counsel. Respondent was present and represented by Allen Grossman,
Esq.
Upon consideration of the Administrative Law Judge’s Recommended Crder, the arguments
of the parties, and after a review of the complete record in this matter, the Foard makes the
following rulings and findings:
Respondent filed a Motion to Reject Recommended Order or to Decrease Penalty. This
Motion was filed on or about February 23, 2001. The Recommended Order was filed on
December 19, 2000. The Board considers that said Motion is an untimely attempt to argue
matters which could have been raised as exceptions to the Recommended Order. After
hearing argument of counsel regarding the Motion, the Board DENIED the Motion.
FINDINGS OF FACT
1. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted and
incorporated herein by reference.
2. There is competent, substantial evidence to support the Administrative Law Judge’s
Findings of Fact.
CONCLUSIONS OF LAW
4. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1),
and Chapter 474, Florida Statutes.
2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and adopted
in toto and incorporated herein by reference.
3. There is competent substantial evidence to support the Board's findings and
conclusions.
4. The Board concurs with the Administrative Law Judge’s recommendation.
THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:
That Respondent is hereby SUSPENDED from the practice of veterinary medicine for 30
days. Respondent shall pay a FINE of $4,000 and investigative costs of $1,557.53 no later
than 30 days from the effective date of this Order. Respondent shall be on PROBATION for
five (5) years. During the term of probation, Respondent shall practice under the indirect
supervision of a monitor approved by the Board. The monitor shall be a Florida licensed
veterinarian. During the first two years of probation, the monitor shall go to Respondent's place
of practice on a quarterly basis and review 12 randomly selected patient records to determine
Respondent's quality of practice and recordkeeping. The monitor shall file quarterly reports
with the Board office detailing his findings. During the last three years of probation the monitor
shall provide the same review and reporting on a semi-annual basis. Respondent shall bear the
cost of monitoring as well as the responsibility to ensure that the monitor's reports are timely
filled. Respondent shall submit one or more names of suitable monitors to the Board office no
later than 30 days after receipt of this Order. The Board delegates to the chair the ability to
approve the monitor. Respondent shall complete 10 hours of continuing education in
anesthesia and shall submit proof of completion of said hours to the Board office, no later than
one (1) year from the effective date of this Order. Said continuing education hours shall be in
addition to, and not count toward, Respondent's required continuing education hours for
renewal of licensure.
Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may
appeal this Order by filing one copy of a Notice of Appeal with the Clerk of the Department of
Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee,
Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the
District Court of Appeal within thirty (30) days of the effective date of this Order.
This Order shall become effective upon filing with the Clerk of the Department of Business
and Professional Regulation.
DONE AND ORDERED this day of , 2001.
We
DR. ROBERT O’NEIL,
CHAIRMAN
Board of Veterinary Medicine
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been
provided by U.S. Mail to Walter Dornbusch, DVM, 1117 Malabar Road, Northeast, Palm Bay,
FL 32907: to Allen Grossman, Esq., Gray Harris & Robinson, P.O. Box 11189, Tallahassee, FL
32302-3189, and by hand delivery/United States Mail to the Board Clerk, Department of
Business and Professional Regulation and its Counsel, Northwood Centre, 1940 North Monroe
Street, Tallahassee, Florida 32399-0792, on or before 5:00 p.m., this. sda of
, 2001.
Docket for Case No: 00-002357
Issue Date |
Proceedings |
Jul. 15, 2004 |
Final Order filed.
|
Dec. 19, 2000 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out. |
Dec. 19, 2000 |
Recommended Order issued (hearing held September 25, 2000) CASE CLOSED.
|
Nov. 20, 2000 |
Petitioner`s Proposed Recommended Order (filed via facsimile).
|
Oct. 27, 2000 |
Transcript (Volume 1 through 3) filed. |
Oct. 19, 2000 |
Letter to Judge Kilbride from W. Bornbusch filed.
|
Oct. 19, 2000 |
(Respondent) Case Summary (Untitled) filed.
|
Sep. 28, 2000 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Sep. 28, 2000 |
Proposed Exhibit (filed by P. Dornbusch via facsimile).
|
Sep. 27, 2000 |
Proposed Exhibits (filed by P. Dornbusch via facsimile).
|
Sep. 25, 2000 |
CASE STATUS: Hearing Partially Held; continued to September 28, 2000 at 9:00 A.M. 09/28/2000 |
Sep. 15, 2000 |
Amended Notice of Hearing issued. (hearing set for September 25, 2000; 10:00 a.m.; Viera, FL, amended as to date).
|
Sep. 14, 2000 |
Order of Consolidation and Granting Brief Continuance issued. (consolidated cases are: 00-002357, 00-002358)
|
Sep. 08, 2000 |
Petitioner`s Motion for Continuance of Formal Hearing (filed via facsimile).
|
Aug. 31, 2000 |
Petitioner`s Notice of Service of First Set of Interrogatories filed.
|
Jul. 28, 2000 |
Subpoena ad Testificandum filed.
|
Jul. 11, 2000 |
Order of Pre-hearing Instructions sent out.
|
Jul. 11, 2000 |
Notice of Hearing sent out. (hearing set for September 18, 2000; 1:00 p.m.; Viera, FL)
|
Jun. 27, 2000 |
Response to Initial Order (filed by Petitioner via facsimile) filed.
|
Jun. 12, 2000 |
Initial Order issued. |
Jun. 06, 2000 |
Election of Rights filed.
|
Jun. 06, 2000 |
Administrative Complaint filed.
|
Jun. 06, 2000 |
Agency Referral Letter filed.
|
Orders for Case No: 00-002357
Issue Date |
Document |
Summary |
Jul. 15, 2004 |
Agency Final Order
|
|
Dec. 19, 2000 |
Recommended Order
|
Respondent deviated from the standard of care in two cases by failure to offer a pre-anesthesia lab work-up; use of improper anesthesia protocol; and inadequate discharge instructions; suspension, fine, and probation.
|