STATE OF FLORIDA BOARD OF MEDICINE

D:SPARTMENT OF HEALTH,

Petitioner,

vs.

DOH CASE NO.: 2007-00789 DOAH CASE NO.: 08-0304PL LICENSE NO.: ME0089209

GINA M. DIEUDONNE, M.D.,

_ _ _ _ _ _

_ _ _ _ Respondent. _ _ _ _ _ !

FINAL ORDER

THIS CAUSE came before the BOARD OF MEDICINE {Board) pursuant to Sections 120 .569 and 120.57(1), Florida Statutes, on August 15, 2008, in Orlando, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order{a copy of which is attached hereto as Exhibit A) in the above- styled cause. Petitioner was represented by Diane Kiesling, Assistant General Counsel. Respondent was not present and was not represented by counsel.

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.

FINDINGS OF FACT

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

   
   

   Filed October 17, 2019 3:23 PM Division of Administrative Hearings

   
   

2. There is competent substantial evidence to support the

findings of fact.

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.

PENALTY

Upon a complete review of the record in this case, the Board determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:

1. Respondent shall pay an administrative fine in the amount of $4,000.00 to the Board within 30 days from the date this Final Order is filed.

2. Respondent's license to practice medicine in the State of Florida is placed on PROBATION until such time as she demonstrates that her license to practice medicine in the State of Illinois is unencumbered. The ter ms and conditions of said probation are as follows:

   1. Respondent shall appear before the Board's Probation Committee at the first meeting after said probation commences,

      
      

      at the last meeting of the Probation Committee preceding termination of probation, quarterly, and at such other times requested by the Committee. Respondent shall be noticed by Board staff of the date, time and place of the Board's Probation Committee whereat Respondent's appearance is required. Failure

      of the Respondent to appear as requested or directed shall be considered a violation of the terms of probation, and shall subject the Respondent to disciplinary action. Unless otherwise

      provided in the Final Order, appearances at the Probation

      
      

      Committee shall be made quarterly.

      
      

   2. Respondent shall not practice except under the indirect supervision of a BOARD CERTIFIED physician fully licensed under Chapter 458 to be approved by the Board's Probation Committee. Absent provision for and compliance with the terms regarding temporary approval of a monitoring physician set forth below, Respondent shall cease practice and not practice until the Probationer's Committee approves a monitor ing physician. Respondent shall have the monitoring physician present at the first probation appearance before the Probation Committee. Prior to approval of the monitoring physician by the committee, the Respondent shall provide to the monitoring physician a copy of the Administrative Complaint and Final Order filed in this case. A failure of the Respondent or the monitoring physician to appear at the scheduled probation meeting shall constitute a

      
      

      violation of the Board's Final Order. Prior to the approval of the monitoring physician by the Committee, Respondent shall submit to the committee a current curriculum vitae and description of the current practice of the proposed monitoring physician. Said materials shall be received in the Board office no later than fourteen days before the Respondent's first

      scheduled probation appearance. The attached definition of a

      
      

      monitoring physician is incorporated herein. The responsibilities of a monitoring physician shall include:

      1. Submit quarterly reporcs, in affidavit form, which shall include:

         1. Brief statement of why physician is on probation.

            
            

         2. Description of probationer's practice.

            
            

         3. Brief statement of probationer's compliance with terms of probation.

         4. Brief description of probationer's relationship with monitoring physician.

         5. Detail any problems which may have arisen with probationer.

      {2) Be available for consultation with Respondent whenever necessary, at a frequency of at least once per month.

      1. Review 25 percent of Respondent's patient records selected on a random basis at least once every month. In order to comply with this responsibility of random

         
         

         review, the monitoring physician shall go to Respondent's of fice once every month. At that time, the monitoring physician shall be responsible for making the random selection of the records to be reviewed by the monitoring physician.

      2. Report to the Board any violations by the probationer of Chapter 456 and 458, Florida Statutes, and the rules promulgated pursuant thereto.

   3. In view of the need for ongoing and continuous monitoring or supervision, Respondent shall also submit the curriculum vitae and name of an alternate supervising/monitoring physician who shall be approved by Probation Committee. Such physician shall be licensed pursuant to Chapter 458, Florida Statutes, and shall have the same duties and responsibilities as specified for Respondent's monitoring/supervising physician during those periods of time which Respondent's monitoring/supervising physician is temporarily unable to provide supervision. Prior to practicing under the indirect supervision of the alternate monitoring physician or the direct supervision of the alternate supervising physician, Respondent shall so advise the Board in writing. Respondent shall further advise the Board in writing of the period of time during which Respondent shall practice under the supervision of the alternate monitoring/supervising physician. Respondent shall not practice

      
      

      unless Respondent is under the supervision of either the approved superv ising/monitoring physician or the approved alternate .

   4. CONTINUITY OF PRACTICE

   
   

   1. TOLLING PROVISIONS. In the event the Respondent leaves the State of Florida for a period of 30 days or more or otherwise does not or may not engage in the active practice of medicine in the State of ?lorida, then certain provisions of the requirements in the Final Order shall be tolled and shall remain in a tolled status until Respondent returns to the active practice of medicine in the State of Florida. Respondent shall notify the Compliance Officer 10 days prior to his/her return to practice in the State of Florida. Unless otherwise set forth in the Final Order,

      the following requirements and only the following

      
      

      requirements shall be tolled until the Respondent returns to active practice:

      1. The time period of probation shall be tolled.

         
         

      2. The provisions regarding supervision whether direct or indirect by the monitor/supervisor, and required reports from the monitor/supervisorshall be tolled.

   2. ACTIVE PRACTICE. In the event that Respondent leaves the active practice of medicine for a period of one year or more, the Respondent may be required to appear before the

   
   

   Board and demonstrate the ability to practice medicine with reasonable skill and safety to patients prior to resuming the practice of medicine in the State of Florida.

3. Respondent shall be and hereby is REPRIMANDED by the Board.

RULING ON MOTION TO ASSESS COSTS

The Board reviewed the Petitioner's Motion to Assess Costs and imposes the costs associated with this case in the amount of

$4,460.98. Said costs are to be paid within 30 days from the date this Final Order is filed.

(NOT : SEE RULE 64B8-8.0011, FLORIDA ADMINISTRATIVE CODE. UNLESS OTHERWISE SPECIFIED BY FINAL ORDER, THE RULE SETS FORTH THE REQUIREMENTS FOR PERFORMANCE OF ALL PENALTIES CONTAINED IN THIS FINAL ORDER.)

DONE AND ORDERED this }CjL day ofa.u.. {-,

2008.

BOARD OF MEDICINE

Larry cPherson,

For Robert Cline,

NOT I CE 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 STATUT ES. 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 DEPARTMENT OF HEALTH 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 88 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 GINA M. DIEUDONNE, M.D., 48 Goldfield Cove, Jackson, Tennessee 32305, and 10730 NW 56th Court, Coral Springs, Florida 33076; to Charles

C. Adams, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by interoffice delivery to

Ephraim Livingston, Department of Health, 4052 Bald Cypress Way, Bin #C-65, Tallahassee, Florida 32399-3253 this d, day of

, 2008.

C

Oeµutv :f\ncv Clerk

Sanford, Crystal

From: Sent: To:

Cc:

Subject:

McPherson, Larry

Wednesday, August 27, 2008 2:54 PM

DL MQA Management Team

Sanford, Crystal; Prine, Chandra; Gray, Melinda; Trexler, JoAnne; Nelson, Gloria J; Taylor, Natalie; 'Ed Tel\echea'; Sanders, Sylvia (MQA)

Board of Medicine Delegation

Citizen Regulators,

During my absence on Thursday, August 28, 2008, through Monday , September 8, 2008, Board of Medicine Executive Director authority is delegated to Crystal Sanford, CPM, Program Operations Administrator, 245-4132.

Larry McPherson Executive Director Board of Medicine

Docket for Case No: 08-000304PL

Orders for Case No: 08-000304PL