U | Y STATE OF FLORIDA rt fp En DEPARTMENT OF HEALTH — gg us 3 , ! A :op DEPARTMENT OF HEALTH, Dives, Ho: 54 ADMIN tie GF Petitioner, STRAT] etitioner. HEARINGS VE vs. CASE NO: 99-53026 99-54823 99-62272 DANIEL DRAPACZ, Respondent. / * ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, hereinafter referred to as “Petitioner”, files this Administrative Complaint before the Board of Podiatric Medicine against DANIEL DRAPACZ, hereinafter referred to as “Respondent”, and alleges: 1. Petitioner is the state agency charged with the regulating the practice of podiatric medicine pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 461, Florida Statutes. Pursuant to the authority of Section 20.43(3)(f), Florida Statutes, the Petitioner has contracted with the Agency of 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 has been at all times material hereto, a licensed podiatrist in the State of Florida, having been issued number PO 0001979. Respondent’s last known address is 1002 South Parrot Avenue, Okeechobee, Florida 34974. 3. In case number 99-54823: on or about November 1996, patient L.H saw Respondent briefly. As a result of an accident, patient returned to Respondent in April 1998. 4. Respondent diagnosed patient L.H with a fracture of the right foot. U | UY 5. Respondent billed patient Ls insurance company for an initial visit. Initial visits can only be used if it has been more than three (3) years since the patient was last seen. In this instance, the patient had been seen less than three (3) years prior. 6. Respondent billed patient LH for ten (10) visits using the code 99213 (established patient). This billing should have been included in the bill for the initial visits and the medical records do not support significant additional work to justify this code being used ten (1 0) times. 7. On or about April 3, 1998, Respondent billed for an unna boot and a surgical shoe, neither-of which is mentioned in the medical records. , 8. On or about April 10, 1998, Respondent bills patient L.H for an unna boot and a surgical shoe, with no mention in the medical records. . . 9. On or about April 17, 1998, April 24, 1998, and May 1, 1998, the medical records state that the foot was strapped, but the billing is for an unna boot. There is a code used for strapping, but Respondent did not use that code. 10. On or about May 15, 1998, and May 29, 1998, there are bills for multiply physical therapy at the same visit, but the medical records do not mention the kinetic activity which was billed. 11. Onorabout May 29, 1998, the medical records indicate strapping was done, but the bill is for an unna boot. 12. Onor about June 5, 1998, and June 15, 1998, there is no mention of kinetic activity, but it was billed for. 13. Onor about June 15, 1998, the notes say strapping but the bill is for an unna boot. 14, In case number 99-62272, Respondent casted the feet of patient B.W for orthotics. Respondent stated the casts would be ready in 3-4 weeks; B.W paid Respondent for the casts. U | v 15. On or about July 12, 1999, the casts came in, however, they did not fit properly in the shoes patient B.W would be wearing them with. Respondent stated he would have another pair of orthotics made to fit the shoes. 16. On or about August 31, 1999, the second pair of casts came in. This second pair did not fit the shoes patient B.W intended to wear with them. 17. On orabout September 23, 1999, patient B.W. took the shoes back to respondent to have him grind down a pair to enable the patient B.W to wear the casts with no pain. 18. Patient B.W has not received the casts as of the date of complaint. 19. On or about December 16, 1999, patient B.W. requested a copy of her medical records. 20. As of the date of the complaint, patient B.W has not received a copy of her medical records. 21. In case number 99-53026: On or about April 2, 1996, patient E.L presented to Respondent for treatment of her feet. 22. On or about January 4, 1997, patient E.L presented to Respondent with pain in her left big toe. Respondent’s diagnosis was to remove the ingrown toenail. 23. Respondent failed to take patient E.L’s medical history prior to performing surgery. 24. Respondent removed the ingrown toenail in the reception area instead of moving patient E.L to a sterilized patient room in the back. 25. Respondent performed the surgery with. unsanitary instruments and failed to properly - prepare the area of the foot to be operated on. 26. Respondent failed to provide proper follow-up care to this patient. 27. Respondent failed to notify patient E.L that he would be gone from his practice for an extended period of time and the name of his alternate to contact if a need arose. VY Y 28. On or about April 15, 1997, April 21, 1997, February 9, 1998 and December 22, 1998, patient E.L has written to Respondent requesting a copy of her medical records. 29. Respondent has not responded to the request and has not provided patient E.L a copy of her medical records. COUNT I (Cases 99-53026; 99-54823: 99-62272) 30. Petitioner realleges and incorporates by reference the foregoing allegations as if fully set forth herein. 31. Based on the foregoing, Respondent's license to practice podiatric medicine in the State of Florida is subject to discipline pursuant to Section 461. 013(1)(s), Florida Statutes, which states, “Gross or repeated malpractice or the failure to practice podiatric medicine at a level of care, skill, and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances...” COUNT (Cases 99-54823; 99-62272) 32. Petitioner realleges and incorporates paragraphs one (1) through twenty-nine (29) as if fully set forth herein. 33. Based on the foregoing, Respondent’s license to practice podiatric medicine in the State of Florida is subject to discipline Pursuant to Section 461.013(1)(), Florida Statutes, by “failing to keep written medical records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination results, and test results.” U . Y COUNT (Cases 99-53026; 99-62272) 34. Petitioner realleges and incorporates Paragraphs one (1) through twenty-nine (29) as if fully set forth herein. 35. Based on the foregoing, Respondent’s license to Practice podiatric medicine in the State of Florida is subject to discipline pursuant to Section 461.013(1)(w), Florida Statutes, by “Violating any provision of this chapter or part II of chapter 455, any mule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the board or department.” COUNT IV ~ (Cases 99-53026; 99-62272) 36. Petitioner realleges and incorporates paragraphs one (1) through twenty-nine (29) as if fully set forth herein. 37. Based on the foregoing, Respondent’s license to practice podiatric medicine in the State of Florida is subject to discipline pursuant to Section 455.667(4), Florida Statutes, which states, ” Any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information...” —» COUNT V (Case 99-54823) 36. Petitioner realleges and incorporates paragraphs one (1) through twenty-nine (29) as if fully set forth herein. 37. __ Based on the foregoing, Respondent's license to practice Podiatric medicine in the State of Florida is subject to discipline pursuant to Section 461.013 (1)(m), Florida Statutes, by "Exercising influence on the patient or client in such a manner as to exploit the patient or client, , for financial gain of the licensee or of a third party which shall include, but not be limited to, the promotion or sale of services, goods, appliances, or drugs...” WHEREFORE, Petitioner respectfully requests the Board of Podiatric Medicine to gnter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine and costs, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this Ae bday of , 2000. F | LE D Robert G. Brooks, M.D. Secretary, Department of Health DEPARTMENT OF HEALTH tary, Dep EPUTY ioe Seanheycle tp vo DATE C- BY: Nancy M. Snurkowski, Chief Ai mey Agency for Health Care Administration General Counsel-MQA Practitioner Regulation-Legal COUNSEL FOR PETITONER: Michael P. Sasso, Senior Attorney Fla. Bar. No: 0167363 Agency for Health Care Administration General Counsel-MQA Practitioner Regulation-Legal Nw P.O. Box 14229 Tallahassee, FL 32317-4229 Telephone: (850) 487-9670 PCP: Strickland and Rickoff PCP Date: 4/25/2000 Drapacz PO 99-53026, 99-62272, 99-54823 ~ UY P.O. Box 14229 Tallahassee, FL 32317-4229 Telephone: (850) 487-9670 PCP: Strickland and Rickoff PCP Date: 4/25/2000 Drapacz PO 99-53026, 99-62272, 99-54823 a

Docket for Case No: 00-003583PL