~- “Statutes, the a, ae J Ww STATE OF FLORIDA 0 App 27 D DEPARTMENT OF HEALTH ; PH 3.» Vision, “Obisnt OF DEPARTMENT OF HEALTH, ) CAR ARIVE : | 3 PETITIONER, ) - ‘5 5 06 f 7K vs. ) CASE NO. 1999-61418 ) CHARLIE F. MOORE, M.D., ) RESPONDENT.) ~ i ADMINISTRATIVE COMPLAINT. COMES NOW the Petitioner, Department of Health, hereinafter ‘referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against ; Charlie F. Moore, MD., 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; Chapter 455, Florida Statutes, _and Chapter 458, Florida Statutes. Pursuant to the authority of Section 20.43(3), Florida ioner has contracted with the Agency for Health Care ‘Administration to “provide consumer complaint, investigative and prosecutorial services required by the Division sur Is, or boards, as appropriate. 2 Respondent is and has been at all times material hereto a licensed physician in _ the state * ic i issued license number ME 0010757. Respondent’s last known address is 1462 Lloyds Cove Road, Tallahassee, Florida 33312. “458.331(1)(m), Florida Statutes. - Oo uy 3. On or about December 17, 1997, the Department issued an Administrative Complaint against Dr. Moore in DOH Case Number 93-00606. The Administrative Complaint alleged the failure to practice medicine with that level of care, skill, and treatment which is recognized by a feasonably prudent similar physician in the treatment of a patient with a myocardial infarction in violation of Section 458.331(1)(t), Florida Statutes, and failing to document a complete history and Physical for the patient, and failing to recognize test results thereby failing to keep ‘written ‘médical records justifying the course of treatment Sections 4. On or about May 7, 1998, Respondent and the Agency entered a Consent Agreement in the above-described case. 5. On or about July 21, 1998, the Board of Medicine considered the Consent “Agreement, modified the Agreement and issued a Final Order in Case Number 93-00606. Paragraph 3 of the Final Order stated that “Respondent shall take and complete the remediation course sponsored by the University of Florida and comply with all recommendations of said course within six (6) months from the date this Final Order is filed. In addition, Respondent shall provide the Board with a copy ‘of a written report detailing compliance with the recommendations of said course. The written report is also required within six (6) months from the date this Final Order i is filed. ” : 6. “The Consent Agreement, in Section G(2)(4), provides i in part: Tn the ‘event that Respondent's monitor/supervisor is unable or _.. unwilling to fulfill his responsibilities as a monitor/supervisor as ... described above, then the Respondent shall immediately advise the Board of this fact. Respondent shall immediately submit to the Chairman of the Board's Probation Committee the name of a temporary monitor/supervisor for consideration. Respondent shall not practice pending approval of this temporary monitor/supervisor by the Chairman of the Probation Committee. 7. On or about September 2-3, 1998, the UF CARES program, operated by the University of Florida College of Medicine conducted an individualized diagnostic examination of Dr. Moore’s clinical knowledge and skills and patient communications skills. | 8. Following the completion of Dr. Moore’s initial assessment, UF CARES - recommended that Dr. Moore obtain a Board approved physician to supervise and monitor his practice. : . 9. . On of about July 16, 1999, Timothy Walker, MD. a family practice physician employed in the Family Practice Residency Program at Tallahassee Memorial Hospital agreed to serve as monitoring physician for Dr. Moore. 10. On or about July 22, 1999, the University of Florida UF CARES program issued a written education assessment of Dr. Moore and made the following recommendations: 1. Complete 40 CME credit hours in activities providing an update in common outpatient problems. Demonstrate knowledge of current diagnosis and treatment of diabetes, hypertension, and coronary heart disease. ‘2. Practice under the supervision of a monitoring physician for a period of two years. An ideal monitor for him would be a Family Medicine faculty member from the Tallahassee area who is “committed to helping Dr. Moore becomé more thorough and to helping him apply the knowledge he acquires B in CME activities. , focusing on deficiencies identified in this report i in two years or sooner. * ‘15 Se Bead of Medicin approved Dr. Walker as “Dr. Moore’s monitoring physician and Dr. Walker performed that duty until on or about October | : 12. On or about October 28, 1999, Dr. Walker informed UF CARES that he was withdrawing from the role of monitoring physician for Dr. Moore. ‘13. On or about ‘October 29, 1999, UF CARES informed the. Florida Board of Medicine of Dr. Walker’s withdrawal. 14, Beginning on or about October 28, “1999 and continuing until the present, the Board of Medicine has not approved another monitoring physician for Dr. Moore and he has continued to practice without the supervision of a monitoring physician. 15. Onor about November 12, 1999, Dr. Moore was notified by certified mail that he was practicing without the supervision of a monitoring physician and in violation of the Board of Medicine’s Final Order. COUNT ONE 16. _ Petitioner realleges and incorporates paragraphs one (1) through fifteen (15),as if fully set forth herein this Count One. . | 17. Respondent violated any provision of Chapter 458, Florida Statutes, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failed to comply with a lawfully issued subpoena of the department, in that Respondent ¥ violated Section 458. 331()) by continuing to practice medicine without the ; supervision of a moni ; "101 the Final Oder of the Board of Medicine 18. “Based on the foregoing, Respondent violated ‘Section 458. 331), Florida rule of the board or Statutes, by y vi iok ting any pro visi n of Chapter. 458, Florida Statutes, department, or a lawful order of the board or department previously entered i ina a disciplinary hearing. or ‘failing to comply with a awfully issued s na of the department. eee age Ie ee rgrestcepes = orem : U Ww 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’s 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 as provided for in Section 455.624(4), Florida Statutes, and/or any other relief that the Board deems appropriate. . SIGNED this_ /Z2”*aay of LAE Ch. , 2000. Robert G. Brooks, M.D., Secretary ~ Chief Medical Attorney COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration : P. O. Box 14229 a ; DEPARTMENT OF HEALTH Tallahassee, Florida 32317-4229 DEPUTY Cen Florida Bar #0937819 cuerk YWchi RD ~KLK/kmk aly PCP: March 10,2000 DATES PCP Members: Ashkar, Miguel, Rodriguez

Docket for Case No: 00-001785