: f i ie dete a Received Event (Event Succeeded) Date: z 7/11/00 Time: 3:51 PM ° Pages: 10 ; wd 4 Sender: Remote CSID;11.2200 3:57PM " AHCA/MEDICAL NO.953P.4718 en! oe STATE OF FLORIDA . AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH ) CARE ADMINISTRATION, ) : ) 4 PETITIONER, +) oO 0-abbY. id Le ) v ) CASE NO. 95-16578 ) ‘ JOSE J. BOFILL, M.D., ) ) RESPONDENT, ) ee ADMINISTRATIVE COMPLAINT : - COMES NOW the Petitioner, Agency for Health Care Administration, hereinafter referred to 2s “Petitioner, ” and files this Administrative Complaint before the Board of Medicine against Jose J. Bofill, M. D, hereinafter referred tc to as “Respondent,” and alleges: 1. Petitioner i is the state agency charged with regulating the practice of medicine pursuant to Section 20.42, Florida a Statutes; Chapter 455, Florida Staats, and Chapter 458, Florida Statutes. . 2. Respondent i is and has been at fall: times s material I hereto a licensed physician in the ___ State of Florida, having b been issued license number ME 0015694, Respondent 8 last known address i is 3308 Rivera Drive, Key West, Florida 33040 3. On or about March 16, 1995, a pharmacistin Key Wes, Flore, received a prescription - for thyroid medication written by Respondent ‘which included a | recommended dosage that could be lethal, When the pharmacist telephoned Respondent to question him about the dosage, Respondent oa as Received Event (Event Succeeded) Date: + 7/11/00 . Time: 2:51 PM Pages: 410 YF] ‘ Sender: Remote C&§ID;11.2000 © ©3:57PM "HCA MEDICAL NO.953 P.518 See eee told the pharmacist that the dosage was of no importance because the medication was being sent to Cuba. 4. Patient B.R. for whom the prescription was written, sates she was evaluated by Respondent on one occasion in 1989 at the Monroe County Health eparanent when Respondent was covering for Patient B.R's regular physician. Patient B.R. denies being seen by Respondent at any time before or since. Respondent also wrote a prescription for Patient BR. on or about March 16, 1995 for alprazolam, propranolol, and during April 1995 for Minocin. 5. On or about October 17, 1995, during an interview by an Agency investigator and a Department of Health Pharmacy Program employee, Respondent explained that he is eighty (80) years old, has cancer and is semi-retired,and that he writes presoriptionsfor family and friends. 6, Respondent stated to the investigators that he does not maintain medical records for the patients for whom he writes prescriptions. The Agency investigator asked Respondent to review the printout of prescriptions obtained from a Key West, Florida pharmacy and to advise if he wrote the prescriptions. Medications prescribed include: alprazolam, propanolol, Cardizem, Minocin, Vicodin, Lortab, Glucophage, Desyrel, Ceclor, Darvocet, and Ativan, Respondent confirmed the Prescriptions ¥ were’ written by him and that he did not keep records on the patients for whom the prescriptions were written. ‘Respondent then stated thati itis his understanding that the prescriptions _ he writes are filled in Florida and that the drugs are mailed by the recipientto friends and family in Cuba, 7. | Alprazolam, a Scheduled Iv. controlled substance porsuant to Chapter 893, Florida : Statutes. It is indicated for the relief of anxiety disonders and canbe be habit forming. Received Event (Event Succeeded) Date: 7/41/00 ww . Time: 2:51 PM Pages: 10 Sender: Remote CSIDi 11.2222 3:57PM “HCA MEDICAL : NO. 953 P.6/18 cette ‘ end” 8. Propranolol hydrochloride is a legend de indicated for the treatment nt of hypertension, cardiac arrhythmias (regularity of the heartbeat), and myocardial infection, 9. Cardizem is a legend drug indicated for treatment of hypertension 10. Minocin a legend drug indicated fr infetions cused by miciorgnisns, 11. Vicodin and Lortab contain Hydrocodone Bitartrate] a Scheduled IT controlled substance. It is indicated for the relief of moderate to moderately severe pain, and can be habit forming. 12, Glucophageis a legend drug indicated for the treatment of diabetes. 13. Desyrel (trazodone), is a legend drug indicated for the treatment of depression. 14. Cecloris a legend drug indicated for the treatment of certain infections, os Darvocet, (Proxyphene napeylate) i isa Schedule Vv controlled substance, Ttis narcotic analgesic indicated for the relief of moderate to severe pain and can bethabit forming. 16, Ativan Gorazepam), isa Schedule IV controlled substance. It is a Central Nervous : System depressantand is indicated for the management of anxiety disorders or the short term relief from symptoms of anxiety. ~ 17. ‘Respondent knowingly wrote preseriptions for drugs t to Persons who are delivering the drugs to persons hom Respondent has ever $e , examined or treated, Respondent did not rnaintainpetent records justifying the prescriptions. pe 18. Respondent wrote prescriptions for Patient B.R. and gave those prescriptions to persons other than Patient BR, . _ 19. The State of Florida invests physicians with subtantl a eponsiitym and trust by allowing them the © privilege of prescribing drugs. Legend drugs require a preston by a we i ie ll em SR a Received Event (Event Succeeded) Date: 8 7/11/00 ; Time: %51 PM “ Pages: 10 \* . Sender: Remote CQID;11.2a2a «3:57PM = AHCA MEDICAL . NO.953 P71 See net physician or other licensee, as medical expertise is needed to determine if prescription is "appropriate and safe for the patient who will be using it. | . COUNT ONE | : 20. Petitioner realleges and incorporates paragraphs one (1) through nineteen (19), as if fully set forth herein this Count One. 21. _Respondent prescribed, dispensed, administered, ming or otherwise prepared a legend drug other than jn the course of his professional practice in that Respondent: inappropriately prescribed numerous legend drugs and controlled substances for his family members and friends, and for Patient B.R.., not in the course of his professional practice. 22, Based upon 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 “cahtata shee than in the coutse of the physician’s professional _ practice, ) | gnaw 23. Petitioner realleges and incorporates paragraphs ‘one (1) through nineteen (19) and paragraph twenty-one (21) a as if fully set forth herein this Count Two. 24, Respondent filed to maintain any documentation or medical records related to ” treatment of patients for whom he wrote presriptions for legend drugs and controlled ce ee Statutes, failing to keep written medical records justifying the course of treatment of the patient, watcbde ees he Received Event (Event Succeeded) Date: 7/11/00 oe Time: 3:51 PM Pages: 10 es . Sender: Remote CID; 11.248 . 3:57PM ” BHCA/ MEDICAL ' NO. 953 P.8/18 * eee including, but not limited to patient histories; examination results; records of drugs prescribed, "dispensed, or administered; and reports of consultations and hospitalizations. COUNT THREE 26, Petitioner realleges and incorporates paragraphs one ‘a through nineteen (19), paragraph twenty-one (21), and paragraph twenty-four (24), as i fully set forth herein this Count 27, Respondent is guilty of making deceptive, untrue, or fratidulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine in that ‘Respondent fraudulently wrote a a prescription placing Patient. B. Rs name on the prescription when Patient B.R. was not the person the Respondent saw or to whom the Respondent gave the prescription. Respondent also fraudulently wrote prescriptions for medications he knew would be sent to Cuba and not used by the person whose name Respondent wrote on the prescription. 28. Based “upon the foregoing, Respondent violated Section 458. 3310), Florida ‘Statutes, by making deceptive, untrue, | or frandulent representations in or related | to the practice of medicine or employing a trick or scheme in the practice of medicine. ’ WHEREFORE, the Petitioner = veapscttully requests the Boao of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Se, restriction of th the Respondent's practice, imposition of 2 an administrative ef mand, Placement of the Respondent on probation, t the assessment of costs ; ‘related to the investigation and prosecution of this case, other than costs 5 associated with | an alls wt he il Received Event (Event Succeeded) Date: .° 7/11/00 ; Pages: 10 Le) i Remote CSIDi11.2028 3:58PM" AHCA-MEDICAL Ane! Time: 3:51 PM Sender: NO. 953 P.9/718 attomey’s time, as provided for in Section 455.227(3), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this A day of COUNSEL FOR AGENCY: Larry G. McPherson, Jr. Chief Medical Attorney Agency for Health Care Administration P, 0. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 788643 RPC/cal PCP: June 13, 1997 PCP Members: Slade, Cerda, Pardue Larry G. McPhersén, ‘Ir. Chief Medical Attorney FILED AGENCY FOR HEALTH Care ADI Derune MINISTRATION CLERK ian C. 2. eet DATE basen

Docket for Case No: 00-002864PL