Received Event (Event Succeeded) /00 Time: 3:13 PM Date: 6/23, U Saraer: wo) Remot 2 P.@5/12 Remote #5H3--2202 15:22 PHA ~ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) 00 ) PETITIONER, ) ) .. ) CASE NO. 1997-17770 ) . STEVEN SPEISER, M.D., } ) RESPONDENT. _) a | 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 Steven Speiser, M.D., hereinafter referred to as “Respondent,” and alleges: L 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 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. 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 0038964. Respondent’s last known address is 9539 Bay Vista Estates Blvd, Orlando, Florida, 32836. 3. Respondent is in the private practice of psychiatry and is board certified in psychiatry. Received Event (Event Succeeded) .Date: 6/23/00 Time: . 3:13 PM Pages: 12 QW ‘ . Sender: RemoteGSlis-2gaa 15:22 AHCA P.@6/12 ° om o~ 4. Prozac, also know as fluoxenine, is a legend drug as defined by Section: 465.003(7), Florida Statutes, but it is not a controlled substance. Fluozenine is an anti- depressant. Proxac has not been systematically studied for abuse, tolerance, or physical dependence. 5. Wellbutrin, also known as buproprion, is a legend drug as defined by Section 465.003(7), Florida Statutes, but it is not a controlled substance. Buproprion is an anti- depressant. The abuse of buproprion carries a risk of seizure and may lead to physical or psychological dependence. 6. Valium is a legend drug as defined by Section 465.003(7), Florida Statutes, and contains diazepam, a Schedule [V controlled substance listed in Chapter 893, Florida Statutes. Diazepam is a benzodiazepine anxiolytic (anti-anxiety drug) and muscle relaxant. The abuse of diazepam can lead to physical or psychological dependence 7. Hydrocodone is a legend drug as defined by Section 465.003(7), Florida Statutes, and a Schedule II controlled substance listed in Chapter 893, Florida Statutes. Hydrocodone is a narcotic analgesic indicated for the relief of moderate to severe pain, and is also used as an antitussive (cough suppressant). Hydrocodone carries a high potential for abuse and dependence. 8. During the period of on or about March, 1997, through September, 1997, Patient 1.J. was a patient and employee of Respondent. Respondent treated Patient D.J. for stress and prescribed various medications, ‘including Prozac, Wellbutrin, and Valium. Respondent also indicated in his medical record for Patient D.J. that he treated her for headaches, and that he prescribed Hydrocodone to her for the treatment of the headaches, 9. Patient D.J. asserts that Respondent did not use the prescribed Hydrocodone to treat her for headaches. Rather, Respondent had Patient DJ. fill the two prescriptions for Received Event (Event Succeeded) Date: 6/23/00 Time: 3:13 PM Pages: 12 WW ‘ ‘ Sender: Remote G$U3s-2a00 15:22 AHCA P.@7/12 . : o o™ hydrocodone dated May 19, 1997, for sixty tablets, and August 12, 1997, for ninety tablets, in- Patient D.J.'s name for use by the Respondent's wife, Patient D.S. 10. Respondent kept no medical records for Patient D.S. He failed to record an assessment of her complaints and/or symptoms, failed to complete a proper history and physical examination, and failed to document any diagnosis to support his treatment, or an appropriate plan or course of treatment for Patient D.S.'s condition. COUNT ON 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if fully set forth herein this Count One. 12. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that Respondent prescribed hydrocodone for Patient D.S, under Patient DJ.'s name on two occasions, without ever documenting a proper physical examination, an appropriate history, or diagnosis and formulation of a plan of treatment. 13. Based on the foregoing, Respondent violated Section 458.33 1(t), Florida Statutes, by failing to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. ' Received Event (Event Succeeded) ‘Date: 6/23/00 Time: 3:13 PM Pages: 12 UW , Sender: Remote G$Uis-27ag 15:22 AHCA P.@8/12 . f on rN COUNT TWO 14. Petitioner realleges and incorporates paragraphs one (1) through ten (10), and paragraph twelve (12), as if fully set forth herein this Count Two. 15. Respondent prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, including any controlled substance, other than in the course of the physician's professional practice, in that Respondent prescribed hydrocodone for Patient D.S. under Patient D.J.’s name on two occasions, without cver documenting a proper physical examination, an appropriate history, or diagnosis and formulation of a plan of treatment. 16. Based on the foregoing, Respondent violated Section 458.331(1)(q), Florida Statutes, by prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician's professional practice. For the purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician's professional practice, without regard to his or her intent. COUNT. E 17. Petitioner realleges and incorporates paragraphs one (1) through ten (10), paragraph twelve (12), and paragraph fifteen (15), as if fully set forth herein this Count Three. 18. Respondent failed to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, Received Event (Event Succeeded) ‘Date: 6/23/00 Time: _ 3:13 PM Pages: 12 YW . . Sender: A Remote GSH-2a9g 15:23 AHCA P.a9/12 . on “~\ ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, in that Respondent prescribed a legend drug for Patient D.S. on two occasions, but did not maintain any medical records for her. 19. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes, by failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate, to include the assessment of costs related to the investigation and prosecution of this case, other than costs associated with an attorney’s time, as provided for in Section 455,624(3), Florida Statutes. Under the provisions of Received Event (Event Succeeded) ‘Date: 6/23/00 Time: 3:13 PM Pages: 12 Ww ‘ “ Sender: Remote fSER-2gaa 15:23 AHCA P. 10/12 . . com a Section 458,33 1(3), Florida Statutes, the Petitioner does not seek revocation or suspension of the Respondent’s license in this oe [) Ae 7 SIGNED this A" day of igi Robert G, Brooks, M.D., Secretary hryn L, ip Chief Medical Attorney COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak . _— Chief Medical Attorney FILED Agency for Health Care Administration ; DEPARTMENT OF HEALTH P.O. Box 14229 DEPUTYCLERK = _ mi Tallahassee, Florida 32317-4229 . Py) Florida Bar # 937819 wean hub, Wid MRH DATE, 2-3-2000 PCP: January 22, 2000 PCP Members: Ashkar, Glotfelty, Rodriguez =H 10

Docket for Case No: 00-002590