FLORIDA DEPARTMENT OF \ 9 fre p 1 Jeb Bush John:0.' Agwuhobi, M.D., M.B.A. Governor < AUP ng Secretary August 7,2002.,. J 'V7fSing The Honorable Larry J. Sartin Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 RE: DOH v. Macey H. Keyes, M.D. DOH Case Number: ME 1999-52896 DOAH Case Number: 2002-0315 PL, TS oleaed Dear Judge Sartin: Enclosed you will find a Final Order entered by the Board of Medicine in the above- referenced case. If you have any questions about this matter, please do not hesitate to contact our office at (850) 414-8126. Sincerely, Tiffany Underwood, CLA Paralegal to Bruce A. Campbell Senior Attorney TU/tu Enclosure 4052 Bald Cypress Way e Bin C-65 e Tallahassee, FL 32399-3265 l4 7pm Pe nay Final ia ie’ mn PRACTITIONER RECULALH OF FLORIDA inl Orde No, DoH o7 999. BOARD OF MEDICINE Deparnent of 7 qM02MAY IS AMIGES . By: 2 45 DEPARTMENT OF HEALTH, Dept Ate ak ; Petitioner, i vs. CASE NO.: 1999-52896 LICENSE NO.: ME0010081 MACEY H.. KEYES, M.D., Respondent. FINAL ORDER THIS CAUSE came before the Board of Medicine (Board) pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on April 5, 2002, in. Ft. Lauderdale, Florida, for consideration of a Consent Agreement (attached hereto as Exhibit A) entered into between the parties in the above-styled cause. Upon consideration of the Consent Agreement, the documents submitted in support thereof, the arguments of the parties, and being otherwise “advised in the premises, IT IS HEREBY ORDERED AND ADJUDGED that the Consent Agreement as . submitted be and is hereby approved and adopted in toto and incorporated by reference herein. Accordingly, the parties shail adhere to and abide by all the terms and conditions of the Consent Agreement. ‘This Final Order shall take effect upon being filed with the Clerk of the’ Department of -Health. DONE AND ORDERED this VA day of YA + 2002. BOARD OF MEDICINE LARRY G./MCPHERSON, JR., BOARD DI ‘OR For ZACHARIAH P. ZACHARIAH, M.D. CHAIRMAN . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final order has been provided by U.S. Mail to Macey H. Keyes, M.D., 8950 North Kendall Drive, Miami, Florida 33176; to Brian A. Newman, Esquire, Pennington, Moore, et al., Post Office Box 10095, Tallahassee, Florida 32302-2095; and by interoffice delivery to Nancy M. Snurkowski, Chief - Practitioner Regulation, and Lisa Pease, Senior Attorney - Appeals, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5403, on or before 5:00 p.m., this aus day of po 2002. STATE OF FLORIDA £2 Aun DEPARTMENT OF HEALTH 8 Py b DEPARTMENT OF HEALTH, — Petitioner, v. ; AHCA Case No. 1999-52896 MACEY KEYES, M.D. Respondent. CONSENT AGREEMENT Macey Keyes, M.D., referred to as the "Respondent," and the Department of Health, referred to as "Department" stipulate and agree to the following Agreement and to the entry of a Final Order of the Board of Medicine, referred to as "Board," incorporating the Stipulated Facts and Stipulated Disposition in this . matter. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner t 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. STIPULATED FACTS 1. Atal times material hereto, Respondent was a licensed physician in the State of Florida having been Issued license number ME 0010081. 2. - Respondent was charged by an Administrative Complaint filed by the Department and properly served upon Respondent with violations of Chapter 458, Florida Statutes, and the rules enacted pursuant thereto. A true and correct copy of the Administrative Complaint is attached hereto as Exhibit A. 3. Respondent neither admits nor denies the allegations of fact contained in the Administrative Complaint for purposes of these proceedings only. STIPULATE D CONCLUSIONS OF LAW © 1. Respondent admits that, in his capacity as a licensed: physician, he ts subject to the provisions of Chapters 456 and 458, Fiorida Statutes, and the jurisdiction of the Department and the Board. >. Respondent admits that the facts set forth in the Administrative Complaint, If proven, would constitute violations of Chapter 458, Florida Statutes, as alleged in the Administrative Complaint. 3. Respondent admits that the Stipulated Disposition in this case is fair, . appropriate and acceptable to Respondent. STIPULATED DISPOSITION 21a EEE ere 1. FUTURE CONDUCT. Respondent shall not in the future violate Chapters 456, 458 and 893, Florida Statutes, or the rules promulgated pursuant thereto. Prior to signing this agreement, Respondent read Chapters 456, 458, and 893, Florida Statutes, and the Rules of the Board of Medicine, at Section 6488, Florida Administrative Code. . 2. FINE. The Board shall impose an administrative fine In the amount of two thousand dollars ($2,000) against the Respondent. Respondent shall pay this fine to the Board of Medicine within one (1) year r of its imposition by Final Order of the Board. THE RESPONDENT, ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE FINE 1S. HIS LEGAL OBLIGATION AND © RESPONSIBILITY AND THE RESPONDENT AGREES TO CEASE PRACTICING IF THE FINE IS NOT PAID AS AGREED TO IN THIS CONSENT AGREEMENT, SPECIFICALLY: IF THE RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE ‘FINE HAS BEEN RECEIVED BY THE BOARD OFFICE WITHIN ONE (1) YEAR OF THE FILING OF ‘THIS FINAL ORDER, THE RESPONDENT AGREES TO- CEASE PRACTICE UNTIL SUCH WRITTEN CONFIRMATION IS. RECEIVED BY. THE RESPONDENT FROM THE BOARD. (SEE EXHIBIT B, PARAGRAPH E OF THIS CONSENT AGREEMENT FOR BOARD ADDRESS AND STANDARD TERMS). 3. REIMBURSEMENT OF COSTS. In addition to the amount of any fine noted above, Respondent agrees to reimburse the Department for any administrative costs incurred in the investigation and preparation. of this .case, including costs assessed by the Division of Administrative Hearings, if applicable, and by the Board of Medicine office. The agreed upon Agency costs ‘to be reimbursed in this case is two thousand eight hundred dollars ($2,800.00). Respondent shall pay these costs to the Board of Medicine within one (1) year of its imposition by Final Order of the Board. THE RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE COSTS IS HIS LEGAL OBLIGATION AND RESPONSIBILITY AND RESPONDENT AGREES TO CEASE PRACT ICING IF THE COSTS ARE NOT PAID AS AGREED TO IN THIS CONSENT AGREEMENT, SPECIFICALLY: IF THE RESPONDENT HAS NOT RECEIVED WRITTEN CONFIRMATION THAT THE FULL AMOUNT OF THE COSTS NOTED ABOVE HAS BEEN RECEIVED BY THE BOARD OFFICE WITHIN ONE (1) YEAR OF THE FILING OF THIS FINAL ORDER, THE RESPONDENT AGREES TO CEASE PRACTICE UNTIL SUCH WRIITEN CONFIRMATION IS RECEIVED BY THE RESPONDENT FROM THE BOARD. (SEE EXHIBIT B, PARAGRAPH E OF THIS CONSENT AGREEMENT FOR BOARD ADDRESS AND STANDARD TERMS. 4, CONTINUING MEDICAL EDUCATION. Within one (1) year of the date of the filing of a Final Order in this cause, Respondent shall attend ten (10) hours of Continuing Medical Education (CME), five (5) hours in Risk Management and five (5) hours in Medical Record Keeping. Respondent shall submit a written plan to the Chairman of the Probation Committee for approval prior to the completion of _ said, continuing education hours and course. The Board confers authority on the Chairman of the Probation Committee to approve or disapprove said continuing education hours or course. In addition, Respondent shall submit documentation in ‘the form of certified copies of the receipts, vouchers, certificates, or other papers, such as physician's recognition awards, documenting completion of this medical course within one (1) year of ‘the Final Order in this matter. All such documentation shall be sent to the Board_of Medicine, regardless of whether some or any of such documentation was previously provided during the course of any audit or discussion with counsel for_ the Department. These hours shall be in addi ition to those hours required for . renewal _of_ licensure. Unless otherwise approved by the Board, said continuing medical education course shall_consist_of a formal, hive Jecture format. — 5. LETTER OF CONCERN. Respondent shall receive a Letter of Concern from the Board of Medicine. 6. It Is expressly understood that this Agreement is subject to the approval of the Board and the Department. In this regard, the foregoing . paragraphs (and only the foregoing paragraphs) shall have no force and effect unless a Final Order incorporating the terms of this Agreement is entered by the Board. 7 Respondent shall appear before the Board at the meeting of the Board where this Agreement Is considered. Respondent, in conjunction with the consideration of this Agreement by the Board, shall respond to questions under oath from. the Board, Board Staff or Department Staff. Respondent shall be prepared to explain the circumstances involved in this matter and what measures have been taken to prevent a recurrence. However, Respondent shall offer no evidence, testimony or argument that disputes or contravenes any stipulated fact or conclusion of law. 8. Should this Agreement be rejected, no statement made in furtherance of this Agreement by the Respondent may be used as direct evidence against the Respondent i in any proceeding; however, such statements may be used by the Petitioner for impeachment purposes. | 9. Respondent and the Department fully understand that ‘this Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board and/or the Department against the Respondent for acts or omissions not specifically 5 set forth in the Administrative Complaint attached as Exhibit A herein. 10. Upon the Board's adoption of this Agreement, Respondent expressly waives all further procedural steps, and expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of the Agreement and . the Final Order of the Board incorporating said Agreement. 41. Upon the Board's adoption of this Agreement, the parties hereby agree that with the exception of .costs noted above, each party will bear his own attorney's fees. and costs ‘resulting from prosecution or defense of this matter. Respondent waives the right to seek any attorney's fees or costs: from the Department in connection with this matter. 12. This Agreement is executed by Respondent for the purpose of avoiding further administrative action with respect to this cause. In this regard, Respondent authorizes the Boardto review and examine ‘all investigative file materials concerning Respondent prior to or in conjunction with consideration of the Agreement. Furthermore, should this Agreement not be accepted by the Board, it Is agreed that presentation to and consideration of this Agreement and other. documents and matters by the Board shall not’ unfairly or illegally prejudice 7 the Board or-any of its members from further participation, consideration or resolution of these proceedings. SQsS5982258 P.S81 BR MACEY H KEYES z-Bi- Oz e2:47 AM _—s - .° sk = ¢ é 1 eee ie 2 ° oS = at 139 — ALAS." ~< ar . 2 % "F oe teste "+ i i rae an : | . aay rt, perconlly sppowd Mes eg Malbepes Miro : i sgentiy B irom to me by Driver's License (yp of y's Sdentice nd wh, nage ns RT vt .. Veta” i is) By ser o8 Sade wea mse "te 2 RN if igh Le ArH aia" te Va ayo ehh att Pa a, jake fe Pee et . aes roy i Bis - : wie LB ESE! juravaA-n014 wdyes 10 2-10-80 EXHIBIT B STANDARD TERMS APPLICABLE TO CONSENT AGREEMENTS The following are the standard terms applicable to all consent agreements, including supervision and monitoring provisions applicable to licensees on probation. A. PAYMENT OF FINES. Unless otherwise directed by the consent agreement, all fines shall be paid by check or money.order and sent to the Board address set forth in paragraph E, below. The Board office does not have the authority to change the terms of payment of any fine imposed by the Board. B. COMMUNITY __ SERVICE AND. CONTINUING EDUCATION UNITS. Unless otherwise directed by the consent agreement, all community service requirements, continuing education units/courses must be completed, and documentation of such completion submitted to the Board of Medicine at the address set forth below in paragraph F, WITHIN ONE YEAR OF THE DATE OF THE FINAL ORDER. C. ADDRESSES. Respondent must keep current residence and practice addresses on file with the Board. " Respondent shall notify the Board within ten (10) days of any changes of. said addresses. Furthermore, If the Respondent's license is on probation, the Respondent shall notify the Board within oo ten (10) days in the event that Respondent leaves the active practice of medicine in Florida. dD. COSTS. Pursuant to Section 458.331(2), Florida Statutes, the Respondent shall pay all costs necessary to comply with the terms of this Consent Agreement. Such costs include, but are not limited to, the costs of preparation of Investigative Reports detailing compliance with the terms of the Consent Agreement, obtaining supervision or monitoring of the practice, the cost of quality assurance reviews, and the Board's administrative costs directly associated with Respondent's probation. ‘4 E. | BOARD ADDRESS FOR PAYMENT OF FINES. All fines shall be sent to: Department of Health HMQAMS/Client Services, P.O. Box 6320, Tallahassee, FL 32314-6320, Attn: Medical Compliance Officer. F. BOARD ADDRESS FOR REPORTS. All reports, correspondence and inquiries shall be sent to the following address: Department of Health HMQAMS/Client Services/Bin C01, 4052 Bald Cypress Way, Tallahassee, FL 32399-3251, Attn: Medical Compliance Officer. ErRUDAL Eee G. - PROBATION TERMS. If probation was imposed by the Final Order of the Board, the following provisions are applicable. 1. DEFINITIONS: a. INDIRECT “SUPERVISION is supervision by 3 a monitoring physician \ (monitor), physicians assistant, respiratory care practitioner, o as set forth in the Consent Agreement, whose responsibilities are set by the Board. Indirect. supervision does not require that the monitor practice on the same ‘premises as the Respondent, however, the monitor shall practice within a 10 - reasonable geographic proximity to Respondent, which shall be within 20 miles unless otherwise provided by the Board and shall be readily available for consultation. The monitor. shall be Board-certified in the Respondent's specialty area unless otherwise provided by the Board. . | b. DIRECT SUPERVISION is supervision by a ’ supervising . physician (supervisor), physicians assistant, respiratory care practitioner, as set forth in the Consent Agreement, whose responsibilities are set by the Board. Direct supervision requires that the supervisor and Respondent ) work In the same office. The supervisor shall be board-certified in the ‘Respondent's specialty area unless otherwise provided by the Board. c. PROBATION COMMITTEE or "committee" are members of the Board of Medicine designated by the Chairman of the Board to serve as the Probation Committee. 2. REQUIRED SUPERVISION. a. If the terms of the consent agreement include indirect monitoring of the licensee's practice (MONITORING) or direct monitoring of the licensees practice (SUPERVISION), the Respondent shall not practice medicine without an approved monitor/supervisor, as specified by the Consent Agreement, unless otherwise ordered by the Board. b. ~The monitor/supervisor must be a licensee under Chapter 458, Florida Statutes, in good standing and without restriction or limitation on his license. In addition, the Board or Committee may reject any proposed un monitor/supervisor on the. basis that he has previously been subject to any disciplinary action against his medical license in this or any other jurisdiction, is currently under investigation, or is the subject of a pending disciplinary action. The monitor/supervisor must be actively engaged in the same or similar specialty. area unless: otherwise provided by the Board or Committee and be practicing within a reasonable distance of the Respondent's practice, a distance of no more than twenty (20) miles unless otherwise specifically provided for in the consent agreement. The Board or ‘Committee may also reject any proposed monitor/supervisor for good cause shown. c. MECHANISM FOR APPROVAL OF MONITOR/SUPERVISOR: . (1) TEMPORARY APPROVAL. The Board confers authority. on the Chairman of the Board's Probation Committee to temporarily approve respondent's monitor/supervisor. To obtain this temporary approval, Respondent shall submit to the Chairman of the Probation Committee the name and curriculum vitae of the proposed monitor/supervisor at the time this agreement is considered by the Board. Once @ Final Order adopting this Agreement is filed, Respondent shall not practice medicine without an . approved monitor/supervisor. Temporary approval shall only remain in | effect until the next meeting of the Probation Committee. (2) FORMAL APPROVAL. Respondent shall have the monitor/supervisor with him at his first probation appearance before the Probation Committee. Prior to consideration of the monitor/supervisor by the Committee, the Respondent shall provide to the monitor/supervisor a copy of the Administrative Complaint and Final Order in this case. Respondent shall ‘submit a current curticulum vitae and a ‘description of current ‘practice - from the proposed. monitor/supervisor. to the Board office no tater than fourteen days before the Respondent's first scheduled probation appearance. Respondent's monitor/supervisor shall also appear before the Probation Committee at such other times as directed by the Committee. It shail be Respondent's responsibility to ensure that the appearance of his monitor/supervisor as directed, Failure of the monitor/supervisor to appear as directed shall constitute a violation of the terms of this Stipulation and shall subject the Respondent to disciplinary action. -d. CHANGE IN MONITOR/SUPERVISOR. In the event that Respondent's monitor/supervisor is unable or unwilling to fulfill his resporisiblities 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. Furthermore, Respondent shall make arrangements with his temporary monitor/supervisor to appear before the: Probation Committee at its” - next regularly scheduled meeting for consideration of the monitor/supervisor by | the Committee. . Respondent shall only practice -under . the auspices of the temporary monitor/supervisor (approved by the Chairman) unti the next xt regulary 13 scheduled meeting of the, Probation Committee whereat the Issue of the Committee's approval of the Respondent's new monitor/supervisor shall be addressed. 3. CONTINUITY OF PRACTICE a. TOLLING PROVISIONS. In the event the Respondent leaves the State of Florida for a period of thirty days or more or otherwise does not or may not engage In the active practice of medicine in the State of Florida, then certain provisions of Respondent's probation (and only those provisions of the probation) shall be tolled as enumerated below and shall remain in a tolled status until Respondent returns to active practice in the State of Florida: @) The time period of probation shall be tolled. (2) The provisions regarding supervision whether direct or indirect by the monitor/supervisor, and required reports from the monitor/supervisor shall be tolled. (3) The provisions regarding preparation of investigative reports detailing compliance with this Stipulation shall be tolled. (4) Any provisions regarding community service’ shall be tolled. oe oe bs ACTIVE PRACTICE. In the event that Respondent — leaves the active practice of medicine for a period of one year or more, the Probation Committee may require Respondent to appear before the Probation . Committee and demonstrate his ability to practice medicine with skill and safety to 14 patients prior to resuming the practice of medicine or respiratory therapy in this State. 15

Docket for Case No: 02-000315PL