a ee STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2011-15106 JOHN LUTHER LENTZ, JR., M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, John Luther Lentz, Jr., M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME 82437. 3. Respondent's address of record is 15200 Emerald Coast Parkway, St. Maarten Unit 506, Destin, Florida 32541. 4. At all times material to this Complaint, Respondent was Board certified in Family Medicine. 5. From on or about September 28, 2010, through on or about February 28, 2012, the Respondent provided medical care and treatment to patient C.C., a twenty-seven to twenty-eight year old female. 6. On or about September 28, 2010, the Respondent evaluated patient C.C. for complaints of severe back, buttock, and right leg pain. 7. On or about September 28, 2010, the Respondent, diagnosed patient C.C. as having chronic fatigue syndrome and chronic pain syndrome. 8. Onor about September 28, 2010, the Respondent, prescribed CD57, C3a, C4a, and eosinophilic cationic protein laboratory tests of patient C.C.’s blood. 9, Respondent did not prescribe an immunoassay test or a Western blot test for Borrelia burgdorferi for patient C.C. DOH v. John L. Lentz, M.D. Case Number 2011-15106 2 10. On or about October 15, 2010, the Respondent diagnosed patient S.H. with Lyme disease. Lyme disease is an infectious disease caused by the bacteria Borrelia burgdorferi. 11. At all times material to this Complaint, patient C.C. did not have objective laboratory test results for the diagnosis of Lyme disease. 12. On or about October 15, 2010, the Respondent diagnosed patient C.C. with and Babesiosis. Babesiosis is a parasitic disease of the blood caused by infection with Babesia. 13. Babesia infection is diagnosed by identification of Babesial parasites in a blood smear or by PCR amplification of Babesial DNA. 14. Respondent did not prescribe a blood smear examination for Babesial parasites or PCR amplification for Babesial DNA for patient C.C. 15. Atal times material to this Complaint, patient C.C. did not have objective laboratory test results for the diagnosis Babesiosis. 16. On or about October 18, 2010, the Respondent referred patient C.C. to a specialist for venous port placement for the administration of intravenous antibiotic therapy. 17. Beginning on or about October 18, 2010, Respondent prescribed long term intravenous antibiotic therapy to patient C.C. DOH v. John L. Lentz, M.D. Case Number 2011-15106 3 18. | At all times material to this Complaint, Patient C.C. did not have a medical condition that justified the long term intravenous antibiotic therapy prescribed by the Respondent. 19. Respondent prescribed inappropriate intravenous antibiotics in excessive amounts for inappropriate periods of time to patient C.C. 20. Beginning on or about October 18, 2010, Respondent prescribed oral antibiotic therapy to patient C.C. 21. Atall times material to this Complaint, Patient C.C. did not have a medical condition that justified the oral antibiotic therapy prescribed by the Respondent. 22. Respondent prescribed inappropriate oral antibiotics in excessive amounts for inappropriate periods of time to patient C.C. 23. From on or about October 19, 2010, Respondent prescribed the anticoagulant heparin to patient C.C. 24. At all times material to this Complaint, patient C.C. did not have a medical condition that justified the Respondent prescribing the anticoagulant heparin. 25. Respondent inappropriately prescribed heparin to patient C.C. DOH v. John L. Lentz, M.D. Case Number 2011-15106 4 26. Respondent did not refer patient C.C. to a specialist in the diagnosis and treatment of infectious diseases such as Lyme disease and Babesiosis at any time during Respondent’s care and treatment of patient CC. 27. The standard of care required Respondent to obtain an immunoassay test and a Western blot test that provided objective laboratory test results confirming the presence of Borrelia burgdorferi antibodies to make an evidence based diagnosis of Lyme disease, obtain objective laboratory test results identifying Babesial parasites in a blood smear or by PCR amplification of Babesial DNA to make an evidence based diagnosis of Babesiosis, refer patient C.C. to an infectious diseases specialist for evaluation of patient C.C. and, if confirmed, the treatment of Lyme disease and/or Babesiosis, and not prescribe the intravenous and oral antibiotics and anticoagulant heparin as prescribed by the Respondent. COUNT I 28. Petitioner re-alleges paragraphs one (1) through twenty-seven (27) as if fully set forth herein. 29. Section 458.331(1)(t), Florida Statutes (2010-2011), provides that committing medical malpractice as defined in Section 456.50, Florida DOH v. John L. Lentz, M.D. Case Number 2011-15106 5 Statutes, constitutes grounds for disciplinary action by the Board of Medicine. The Board shall give great weight to the provisions of Section 766.102, Florida Statutes, when enforcing Section 458.331(1)(t), Florida Statutes. Medical Malpractice is defined in Section 456.50, Florida Statutes, as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. Section 766.102, Florida Statutes, provides that the prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. 30. Respondent failed to practice medicine with that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers in violation of Section 458.331(1)(t), Florida Statutes (2010-2011), in the care and treatment of patient C.C. in one or more of the following ways: DOH v. John L. Lentz, M.D. Case Number 2011-15106 6 a. By diagnosing Lyme disease without objective laboratory test results from immunoassay test and a Western biot test; b. By diagnosing Babesiosis without objective laboratory test results from a blood smear examination for Babesial parasites or PCR amplification for Babesial DNA; c. By prescribing surgery for placement of an venous port for administration of intravenous medication; d. By prescribing inappropriate and excessive intravenous antibiotic therapy without medical justification; e. By prescribing inappropriate and excessive oral antibiotic therapy without medical justification; and f. By prescribing the anticoagulant heparin without medical justification. 31. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2010-2011), by committing medical malpractice. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: DOH v. John L. Lentz, M.D. Case Number 2011-15106 7 permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this_/¢_ day of 2013 John H. Armstrong, MD, FACS, FCCP State Surgeon General & Secretary of Health, State of Florida stant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 DEPARTMENT OF HEALTH Florida Bar No.: 0901910 DEPUTY CLERK (850) 245-4640 Business CLERK ainae g aug” (850) 245-4681 Facsimile ATE D John_frickejr@doh.state.fl.us JBF/sem PCP Date: August 16, 2013 PCP Members: Dr. Avila, Dr. Averhoff, and Mr. Dyches DOH v. John L. Lentz, M.D. Case Number 2011-15106 8 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v. John L. Lentz, M.D. Case Number 2011-15106 9

Docket for Case No: 15-002888PL

Orders for Case No: 15-002888PL