su ey me - hous an i fee tee Fe Site Fe STATE OF FLORID. 00 JUN - ; DEPARTMENT OF BUSINESS AND PROBES mi libotanon ‘. & PH I: . dD Wis Oy if} iY - Dive. ue TS J Ot ADM IS VE ACHES Te arry DEPARTMENT OF BUSINESS AND HEARN nes HEAR ES PROFESSIONAL REGULATION, . Petitioner, OO- YF Q6 Pp Cc vs. ; Case No. 99-02139 JAMES WEEGE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL. REGULATION (hereinafter “Petitioner"), files this Administrative Complaint before the Board of Veterinary Medicine against JAMES WEEGE, (hereinafter "Respondent"). and alleges: | 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. 2. The Respondent James Weege has at all times material hereto been licensed as a veterinarian in the State of Florida. The Respondent’s license number is VM 0001376. 3. The Respondent’s address of record is 127 SE 15" Avenue, Boynton Beach, Florida 33435-6007. 4, Between January 12, 1998, and November 2, 1998, the Respondent on seven separate occasions sold wild animal trapper, Jerome Kleinrichert of Loxahatchee Animal Disposal Service, 58 bottles of ketamine, one bottle of acepromozine and 12 vials of vetalog. - 5. Mr. Kleinrichert informed the Respondent that he had a contract to immobilize and-relocate wild ducks, and the ketamine was for that intended purpose. 6. According to Lisa M. Kostanoff, staff veterinarian for Animal Care and Control, ketamine is a non-barbiturate anesthetic used in cats for chemical restraint on short duration. Ketamine was labeled a controlled substance by the state of Florida in 1997. . “7. Mr. Kleinrichert used the ketamine drugs acquired from the Respondent to kill two dogs-on July 18, 1998, and several cats on September 17, 1998, September 26, 1998, and October 1, 1998. In regard to the cats, Mr. Kleinrichert had contracted with The Town House Apartments III, Inc. to catch and immobilize the cats. COUNT ONE 8. Section 474.214(1)(0), Florida Statutes, states that fraud, deceit, negligence, incompetency, or misconduct, in or related to the practice of veterinary medicine is sufficient ground for discipline. 9. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven, as though fully set forth in this Count One. 10. Based on the foregoing, the Respondent has violated Section 474.214(o), Florida Statutes. COUNT TWO 11. Section 474.214(1)(y), Florida Statutes, states that using the privilege of ordering, prescribing, or making available medicinal drugs or drugs as defined in chapter 465, or controlled substances as defined in chapter 893, for use other than for the specific treatment of animal patients for which there is a documented veterinarian/client/patient relationship is sufficient ground for discipline. 12. - Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven, as though fully set forth in this Count Two. | 13. Based on the foregoing, the Respondent has violated Section 474.214(1)(y), Florida Statutes. COUNT THREE 14. Section 474.214(1)(ff), Florida Statutes, states that prescribing or dispensing a legend drug as defined in chapter 499, including any controlled substance, inappropriately or in excessive or inappropriate quantities ‘ig. sufficient ground for discipline. : 1 5. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven, as though fully set forth in this Count Three. 16. Based on the foregoing, the Respondent has violated Section 474.214(1)(ff), Florida Statutes. | COUNT FOUR 17. Section 474.214(1)(mm), Florida Statutes, states that failing to maintain accurate records or reports as required by this chapter or by federal or state laws or rules pertaining to the storing, labeling, selling, dispensing, prescribing, and administering of controlled substances is sufficient ground for discipline. 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven, as though fully set forth in this Count Four. 19, ‘Based on the foregoing, the Respondent has violated . Section 474.214(1)(mm). Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter 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. not to exceed $5,000 per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within Section 455.227(2). Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 455, and/or 474, Florida Statutes, and/or the rules promulgated thereunder. Signed this y day of __ . 2000. ee General Counsel FILED Department of Business and Professional Regulation DEPUTY CLERK COUNSEL FOR DEPARTMENT: WN . Peter Gioia ‘ 3 g Deputy General Counsel . - DATE = -2000 Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street - Suite 60 Tallahassee, FL 32399- 2202 PGG/cwg PCP.’ 01a) foo pre of Rilo 4

Docket for Case No: 00-004826PL