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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ANDREW E. SAMPSON, M.D., 00-000244 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-000244 Visitors: 81
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ANDREW E. SAMPSON, M.D.
Judges: ELLA JANE P. DAVIS
Agency: Department of Health
Locations: Deland, Florida
Filed: Jan. 13, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 7, 2000.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA S DEPARTMENT OF HEALTH = DEPARTMENT OF HEALTH, ) ; _ > (0024U 2 3 PETITIONER, ) “> ) = v. ) CASE NO. 96-15499 ‘ ANDREW E. SAMPSON, M.D., ) ) RESPONDENT. ) ADMINISTRATIVE COMPLAINT SUE Ni AES COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board -of Medicine against Andrew E. Sampson, M.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3)(f), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. GY 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0018456. Respondent’s last known address i is 600 North Boundary Avenue, #1 16- D, Deland, FL 32720. 3. The Physicians Recovery ‘Network (hereinafter referred to as “PRN”) is the impaired practitioners program for the Board of Medicine, pursuant to Section 455.707, Florida Statutes. PRN is an independent program that monitors the evaluation, care and treatment of impaired healthcare professionals. PRN oversees random drug screens and provides for the exchange of information between the treatment providers, PRN and the Agency, for the protection of the public. Loe ees. 4, In or about 1982, Respondent was admitted to the South Miami Addiction Treatment Program (SMATP). He was diagnosed as alcoho! dependent. Respondent refused treatment. 5. On or about June 11, 1982, Respondent returned to SMATP, where he received intensive inpatient treatment for alcoholism through on or about July 9, 1982. Arrangements were made for long term treatment. 6. On or about February 1, 1996, Respondent was arrested by the Osceola County Sheriff's Office for Driving Under the Influence (DUI). He was found to have a blood alcohol level of .197/.198. . 7. On or about September 12, 1996, Respondent was arrested by the Orange City Police Department (OCPD) for DUI. He was found to have a blood alcohol level of .123/.128. On or about December 13, 1996, Respondent pled guilty to Reckless Driving and was ordered by the Court to enter PRN. 8. Respondent refused to enter the PRN program. 9. On or about January 14, 1997, Respondent entered into an agreement with the Agency i in which he voluntarily agreed to withdraw from practice. 10. On or about February 26, 1997, Respondent was issued an Order Compelling Mental Examination by the Agency. Respondent was evaluated by a physician specializing in Addiction Medicine on or about April 8, 1997. 11. The evaluator diagnosed Respondent with alcohol dependence and -possible prescription opioid dependence, and opined that Respondent was unable to practice medicine with reasonable skill and safety to patients. woe eee 12. Respondent is unable to practice medicine with reasonable skill and safety to patients due to alcohol dependence and possible prescription opioid dependence. 13. Based on the foregoing, Respondent violated Section 458.331(1)(s), Florida Statutes, in that he is unable ‘to practice medicine with reasonable skill and safety to patients by reason or illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition . WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order , imposing one or more of the following penalties: permanent revocation or suspension of the Respondent’ ! license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement ‘of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case, other than costs associated with an U attorney’s time, as provided for in Section 455.624(3), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this 77 _ VA. 2 day of een Lee , 1997. COUNSEL FOR DEPARTMENT: Larry G. McPherson, Jr. Chief Medical Attorney Agency for Health Care Administration P. O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 788643 *, RPC/krt PCP: December 15, 1997 PCP Members: Skinner, Leon James T. Howell, M.D. Secretary Larry G. McPherson fr Chief Medical Attorfiey

Docket for Case No: 00-000244
Issue Date Proceedings
Sep. 07, 2000 Order Closing File issued. CASE CLOSED.
Sep. 01, 2000 Joint Motion to Relinquish Jurisdiction (filed via facsimile).
Aug. 25, 2000 Petitioner`s First Request for Interrogatories and Production of Documents (filed via facsimile).
Aug. 22, 2000 Respondent`s Renewed Opposition to Expedited Examination by Qualified Expert and Motion for Protective Order (filed via facsimile).
Aug. 10, 2000 Petitioner`s Renewed Motion for Expedited Examination by Qualified Expert (filed via facsimile).
Jun. 02, 2000 Order of Pre-hearing Instructions sent out.
Jun. 02, 2000 Notice of Hearing sent out. (hearing set for October 24, 2000; 10:30 a.m.; Deland, FL)
May 24, 2000 Joint Response to Initial Order filed.
May 19, 2000 Order sent out (parties shall file mutually-convenient dates by May 31, 2000)
May 12, 2000 Order sent out. (parties shall file mutually-convenient dates by 5/31/2000)
May 05, 2000 Petitioner`s Amended Response to Order to Show Cause (filed via facsimile).
May 04, 2000 Petitioner`s Response to Order to Show Cause (filed via facsimile).
Apr. 26, 2000 Order sent out. (hearing cancelled, if rescheduled, the parties will be notified) )
Apr. 24, 2000 Order sent out. (petitioner`s motion for expedited examination is denied; petitioner is granted 10 days from the date of this order to show cause why the division has jurisdiction)
Apr. 19, 2000 (Petitioner) Motion to Continue Formal Hearing (filed via facsimile).
Apr. 19, 2000 Petitioner`s Response to Respondent`s Motion to Dismiss (filed via facsimile).
Apr. 19, 2000 Notice of Correction of Petitioner`s Response to Respondent`s Opposition to Expedited Examination by Qualified Expert and Motion for Protective Order (filed via facsimile).
Apr. 19, 2000 Petitioner`s Response to Respondent`s Opposition to Expedited Examination by Qualified Expert and Motion for Protective Order (filed via facsimile).
Apr. 17, 2000 (D. Weidner) Motion to Dismiss (filed via facsimile).
Apr. 13, 2000 Respondent`s Opposition to Expedited Examination by Qualified Expert and Motion for Protective Order (filed via facsimile).
Apr. 07, 2000 Petitioner`s Motion for Expedited Examination by Qualified Expert (filed via facsimile).
Mar. 02, 2000 Respondent`s Notice of Change of Address filed.
Feb. 10, 2000 Order of Pre-hearing Instructions sent out.
Feb. 10, 2000 Notice of Hearing sent out. (hearing set for May 17 and 18, 2000; 10:30 a.m.; Deland, FL)
Jan. 31, 2000 Joint Response to Initial Order (filed via facsimile).
Jan. 20, 2000 Initial Order issued.
Jan. 13, 2000 Election of Rights filed.
Jan. 13, 2000 Administrative Complaint filed.
Jan. 13, 2000 Agency Referral letter filed.
Source:  Florida - Division of Administrative Hearings

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