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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ALTON EARL INGRAM, M.D., 04-000901PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-000901PL Visitors: 24
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ALTON EARL INGRAM, M.D.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Lauderdale Lakes, Florida
Filed: Mar. 17, 2004
Status: Closed
Recommended Order on Thursday, September 23, 2004.

Latest Update: Dec. 28, 2004
Summary: Respondent used an R.N. to administer anesthesias for office surgery. Patients slipped from Level II to Level III anesthesia. Respondent employed improper delegation and violated Standard of Care.
G-23-0M Final Order No. DOH-04-1585- FOE-MOA MLED DATE a done STATE OF FLORIDA Department of Health BOARD OF MEDICINE py N woth, Cota Deputy Agency Clerk — DEPARTMENT OF HEALTH, Petitioner, AT DOH CASE NO.: 2001-09917 2002-08785 2002-20094 2002-20920 DOAH CASE NO.: 2004-0709PL LS 2004-0901PL a) LICENSE NO.: ME0072621 Cis a ALTON EARL INGRAM, M.D., 2 . co - rt Respondent. i o __ / : S FINAL ORDER ye THIS CAUSE came before the BOARD OF MEDICINE (Board) ped pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on December 4, 2004, in Orlando, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order, Exceptions to the Recommended Order and Petitioner’s Motion to Assess Costs, in the above-styled cause. Petitioner was represented by John E. Terrel, Assistant General Counsel . Respondent was present and represented by Bruce D. Lamb, Esquire. The Recommended Order under consideration attached hereto as exhibit A and incorporated into this Final Order and made a part thereof, found the Respondent in violation of Section 458.331(1) (m), (t), and (w), Florida Statutes, and recommended the suspension of his license for a period of three years, to be followed by two years of probation, and required his completion of continuing education in the area of anesthesia and other subject matters directed by the Board. The Petitioner also moved for assessment of costs against the Respondent in the amount of $44,857.61. At the hearing, Respondent offered to relinquish his license to practice medicine and agreed never to reapply for licensure as a physician in the State of Florida in lieu of consideration of the Recommended Order and Petitioner’s motion to assess costs. The Respondent acknowledges that such relinquishment of his license shall be construed as disciplinary action pursuant to Rule 64B8-8.018, F.A.C., as that term is used in Section 458.331(1) (b), Florida Statutes, and shall be reported as such by the Board. The parties agreed to waive all rights to seek judicial review of, or to otherwise challenge or contest the validity of, the voluntary relinquishment and the final order of the Board upon acceptance of the relinquishment by both parties and the Board. The parties further agreed that upon the Board’s acceptance of Respondent’s voluntary relinquishment, each party would bear its own attorney’s fees and costs related to the prosecution or defense of this matter. Upon consideration the foregoing offer of Voluntary Relinquishment, the charges, and the other documents of record, and being otherwise fully advised in the premises, IT IS HEREBY ORDERED that Respondent’s Voluntary Relinquishment of his license to practice medicine in the State of, Florida is hereby ACCEPTED, and shall constitute discipline upon Respondent's license. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this L@ day of ste, WSCA, 2004. BOARD OF MEDICINE Larry McPherson, Jr., Executive Director for Elisabeth Tucker, M.D., Chair 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 ALTON EARL INGRAM, M.D.,P. O. Box 1865, Orange Beach, Alabama 36561; to Bruce D. Lamb, Esquire, Suntrust Financial Center, 401 East wa Sackson Street, 27° Floor, Tampa, Florida 33602; to Larry J. Sartin, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by interoffice delivery to Denise O’Brien, John E. Terrel, S. J. DiConcilio and Dana Baird, Department of Health, 4052 Bald Cypress Way, Bin #C-65, Tallahassee, Florida 32399-3265 this BOT day of Dot nb. , 2004. FAUsers\ADMIN\NANCY\MED\ORD \December-2004\IngramRO-II.wpd Deputy Agency Clerk

Docket for Case No: 04-000901PL
Issue Date Proceedings
Dec. 28, 2004 Final Order filed.
Dec. 22, 2004 Final Order filed.
Sep. 23, 2004 Recommended Order (hearing held June 14, 2004). CASE CLOSED.
Sep. 23, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 27, 2004 Proposed Recommended Order (filed via facsimile).
Aug. 26, 2004 Petitioner`s Request to Accept a Proposed Recommended Order Exceeding 40 Pages (filed via facsimile).
Aug. 26, 2004 Petitioner`s Proposed Recommended Order (filed via facsimile).
Aug. 26, 2004 Petitioner`s Notice of Filing Final Order filed.
Aug. 25, 2004 Respondent`s Proposed Recommended Order filed.
Aug. 16, 2004 Order Granting Motion for an Extension of Time (Proposed Recommended Orders due August 26, 2004).
Aug. 12, 2004 Motion for an Extension of Time to Submit the Proposed Recommended Order (filed by Respondent via facsimile).
Aug. 09, 2004 Notice of Filing of Transcript.
Aug. 06, 2004 Transcripts (Volumes I through VI) filed.
Aug. 05, 2004 Notice of Filing (Deposition Transcript of Jill Janis and Boris Klopukh) filed by Respondent.
Aug. 05, 2004 Deposition (of Boris V. Klopukh and Jill Janis) filed.
Aug. 04, 2004 Deposition (of Boris V. Klopukh and Jill Janis) filed.
Aug. 04, 2004 Notice of Filing (Deposition Transcript of Jill Janis and Boris Klopukh) filed by Respondent.
Jul. 06, 2004 Amended Notice of Taking Deposition (B. Klopukh) filed via facsimile.
Jul. 02, 2004 Notice of Taking Deposition (B. Klopukh) filed via facsimile.
Jul. 01, 2004 Notice of Taking Deposition (J. Janis) filed via facsimile.
Jun. 14, 2004 CASE STATUS: Hearing Held.
Jun. 14, 2004 Petitioner`s Response to Respondent`s Motion in Limine (filed via facsimile).
Jun. 14, 2004 Petitioner`s Motion to take Official Recognition (filed via facsimile).
Jun. 11, 2004 Motion to Take Official Recongnition (filed by Respondent via facsimile).
Jun. 11, 2004 Motion in Limine (filed by Respondent via facsimile).
Jun. 11, 2004 Cross-Notice of Taking Deposition Duces Tecum (M. Gray) filed via facsimile.
Jun. 09, 2004 Joint Pre-hearing Stipulation filed.
Jun. 08, 2004 Subpoena Duces Tecum (M. Gray) filed via facsimile.
Jun. 08, 2004 Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (M. Gray) (filed via facsimile).
Jun. 03, 2004 Amended Notice of Taking Deposition Duces Tecum (P. Karnish, M.D.) filed via facsimile.
Jun. 03, 2004 Amended Notice of Taking Deposition Duces Tecum (W. Ferguson) filed via facsimile.
Jun. 02, 2004 Subpoena Duces Tecum (C. Mendieta, M.D.) filed.
Jun. 02, 2004 Notice of Taking Deposition Duces Tecum (C. Mendieta, M.D.) filed via facsimile.
Jun. 02, 2004 Notice of Taking Deposition Duces Tecum (W. Ferguson) filed via facsimile.
May 28, 2004 Notice of Serving Verified Answers to Interrogatories (filed by Respondent via facsimile).
May 27, 2004 Notice of Taking Deposition Duces Tecum (P. Karnish, M.D.) filed via facsimile.
May 24, 2004 Cross-Notice of Taking Deposition Duces Tecum (filed via facsimile).
May 24, 2004 Notice of Taking Deposition in Lieu of Live Testimony (P. Rohm) filed via facsimile.
May 21, 2004 Petitioner`s Answers to Respondent`s First Interrogatories filed.
May 21, 2004 Notice of Serving Petitioner`s Answers to Respondent`s Interrogatories filed by Petitioner.
May 21, 2004 Petitioner`s Response to Respondent`s Request for Production of Documents filed.
May 21, 2004 Notice of Serving Petitioner`s Response to Respondent`s Request for Production filed.
May 20, 2004 Response to Request for Production (filed by Respondent via facsimile).
May 20, 2004 Notice of Serving Unverified Answers to Interrogatories (filed by Respondent via facsimile).
May 20, 2004 Subpoena Duces Tecum (R. Edison, M.D.) filed via facsimile.
May 20, 2004 Notice of Taking Deposition Duces Tecum (R. Edison, M.D.) filed via facsimile.
May 13, 2004 Second Amended Notice of Taking Deposition Duces Tecum (M. Barnett, M.D.) filed via facsimile.
May 12, 2004 Notice of Taking Deposition Duces Tecum (V. Bosek, M.D.) filed via facsimile.
May 11, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 14 through 18, 2004; 9:30 a.m.; Lauderdale Lakes, FL).
May 11, 2004 Notice of Taking Deposition Duces Tecum (P. Rohm) filed via facsimile.
May 10, 2004 Petitioner`s Emergency Motion to Continue Final Hearing (filed via facsimile).
May 07, 2004 Notice of Adjourned Deposition Duces Tecum (E. Hines) filed.
May 04, 2004 Notice of Filing (Respondent`s Amended Response to Petitioner`s First Request for Admissions) filed by J. Godwin via facsimile.
Apr. 29, 2004 Subpoena Duces Tecum (E. Hines) filed.
Apr. 29, 2004 Notice of Taking Deposition Duces Tecum (E. Hines) filed via facsimile.
Apr. 29, 2004 Subpoena Duces Tecum (3), (E. Hines, Designee Appointed by the Department of Health Pursuant to FRCP 1.310(b)(6), and Designee Appointed by the Agency for Health Care Administration Pursuant to FRCP 1.310(b)(6) filed via facsimile.
Apr. 29, 2004 Notice of Taking Deposition Duces Tecum (3), (E. Hines, Designee Appointed by the Department of Health Pursuant to FRCP 1.310(b)(6), and Designee Appointed by the Agency for Health Care Administration Pursuant to FRCP 1.310(b)(6) filed via facsimile.
Apr. 27, 2004 Amended Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (P. Rohm) filed via facsimile.
Apr. 27, 2004 Amended Notice of Taking Deposition Duces Tecum (M. Barnett, M.D.) filed via facsimile.
Apr. 26, 2004 Notice of Filing (Response to Petitioner`s First Request for Admissions) filed by Respondent via facsimile.
Apr. 26, 2004 Notice of Taking Deposition Duces Tecum (M. Barnett, M.D.) filed via facsimile.
Apr. 22, 2004 Notice of Serving Petitioner`s Second Request for Production of Documents (filed via facsimile).
Apr. 22, 2004 Notice of Taking Deposition in Lieu of Live Testimony (P. Rohm) filed via facsimile.
Apr. 21, 2004 Subpoena Duces Tecum (6), (Records Custodian Broward General Medical Center, Records Custodian Coral Springs Medical Center, Records Custodian Memorial Regional Hospital, and Cosmetic Surgery Center-Records Custodian (3) filed via facsimile.
Apr. 21, 2004 Notice of Production from Non-Party (filed by B. Lamb via facsimile).
Apr. 19, 2004 Notice of Filing Verified Answers to Interrogatories (filed by Respondent via facsimile).
Apr. 19, 2004 Notice of Taking Deposition Duces Tecum (A. Rapperport, M.D.) filed via facsimile.
Apr. 19, 2004 Subpoena Duces Tecum (A. Rapperport, M.D.) filed via facsimile.
Apr. 15, 2004 Notice of Filing (Reponse to Petitioner`s First Request for Admissions, and Respondent`s Response to Petitioner`s First Request for Production of Documents) filed by Respondent via facsimile.
Mar. 29, 2004 Order of Consolidation. (consolidated cases are: 04-000709PL, 04-000901PL)
Mar. 25, 2004 Joint Response to Initial Order (filed via facsimile).
Mar. 23, 2004 Notice of Serving Petitioner`s Answers to Respondent`s Interrogatories (filed via facsimile).
Mar. 23, 2004 Notice of Serving Petitioner`s First Request for Admissions, Interrogatories and Request for Production of Documents (filed via facsimile).
Mar. 23, 2004 Notice of Serving Petitioner`s Response to Respondent`s Request for Production of Documents (filed via facsimile).
Mar. 18, 2004 Initial Order.
Mar. 17, 2004 Notice of Appearance (filed via facsimile).
Mar. 17, 2004 Petition for Hearing Involving Disputed Issues of Material Fact (filed via facsimile).
Mar. 17, 2004 Corrected Administrative Complaint (filed via facsimile).
Mar. 17, 2004 Administrative Complaint (filed via facsimile).
Mar. 17, 2004 Agency referral (filed via facsimile).

Orders for Case No: 04-000901PL
Issue Date Document Summary
Dec. 20, 2004 Agency Final Order
Sep. 23, 2004 Recommended Order Respondent used an R.N. to administer anesthesias for office surgery. Patients slipped from Level II to Level III anesthesia. Respondent employed improper delegation and violated Standard of Care.
Source:  Florida - Division of Administrative Hearings

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