Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: CHRISTOPHER BALD, M.D.
Judges: CHARLES C. ADAMS
Agency: Department of Health
Locations: Jacksonville, Florida
Filed: Apr. 09, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 19, 2002.
Latest Update: Dec. 22, 2024
Jeb Bush John O. Agwunobi, M.D., M.B.A.
Governor Secretary
January 21, 2003
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The Honorable C. C. Adams OE, Se 6 OO
Division of Administrative Hearings GY So, Yeo
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1230 Apalachee Parkway Moy v
Tallahassee, Florida 32399-1550 <
RE: DOH v. , Christopher Bald, M.D.
DOH Case Number 2000-09419 _ 4
DOAH Case Number 02-1414PL CC
Dear Judge :
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) 487-2813.
Sincerely,
A (Ve ae A . Shama
#9
Shirley J. Whitsitt
Senior Attorney
SJW/das
Enclosure
4052 Bald Cypress Way e Bin C-65 e Tallahassee, FL 32399-3265
7 -MQA
Final Order No. DOH-02-1920 ie
FILED DATE -~__L2
Department of Health
STATE OF FLORIDA
-BOARD OF MEDICINE Ochs 2>
By: Deputy Agency Clerk
DEPARTMENT OF HEALTH,
Petitioner,
vs. , DOH CASE NO.: 2000-09419
LICENSE NO.: ME0030504
CHRISTOPHER BALD, M.D.,
Respondent.
a /
FINAL ORDER
THIS CAUSE came before the BOARD OF MEDICINE (Board)
pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on
December 6, 2002, in Tampa, Florida, for the purpose of
considering. a Congent.:Agreement (attached hereto as Exhibit A)
entered into between the parties in this cause. Upon
consideration of the Consent Agreement, the documents submitted
in support thereof, the arguments of the parties, and being
otherwise fully advised in the premises, the Board rejected the
Consent Agreement and offered a Counter Consent Agreement which
accepted on the record by the parties. The Counter Consent Agreement
incorporates the original Consent Agreement with the following
amendments:
1. The fine set forth in Paragraph 2 of the Stipulated
Disposition shall be deleted.
2. The costs set forth in Paragraph 3 of the Stipulated
Disposition shall reflect the actual costs in this case in the
amount of $6,294.10.
3. The requirement for a letter of concern as set forth in
Paragraph 5 of the Stipulated Disposition shall be deleted.
IT IS HEREBY ORDERED AND ADJUDGED that the Consent Agreement
as submitted be and is hereby approved and adopted in toto and
incorporated herein by reference with the amendments set forth
above. Accordingly, the parties shall adhere to and abide by all
the terms and conditions of the Consent Agreement as amended.
This Final Order shall take effect upon being filed with the
Clerk of the Department of Health.
DONE AND ORDERED this JP day of Do BEN. ,
2002.
BOARD OF MEDICINE
Mllltww
Larry’McPherson, Jr., Ex tive Director
for Zachariah P. Zacharigh, M.D., Chair
CERTIFICATE OF SERVICE
T HEREBY CERTIFY that a true and correct copy of the
foregoing Final Order has been provided by U.S. Mail to
CHRISTOPHER BALD, M.D., 40 SW 12 Street, Suite A-102, Ocala,
Florida 34474; to Robert A. Cole, Esquire, Cole, Stone, et al.,
201 North Hogan Street, Suite 200, Jacksonville, Florida 32202;
and by interoffice delivery to Ephraim Livingston and Pamela
Page, Department of Health, 4052 Bald Cypress Way, Bin #C-65,
2
Tallahassee, Florida 32399-3265 this Aote day of
DelembLa , 2002.
STATE OF FLORIDA
~ DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner,
v. DOH Case No. 2000-09419
CHRISTOPHER BALD, M.D.
Respondent.
CONSENT AGREEMENT
Christopher Bald, 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.
STIPULATED FACTS
1, At all times material hereto, Respondent was a licensed physician in the
State of Florida having been Issued license number ME 0030504.
2. Respondent was charged by an Administrative Complaint filed by the
Department and properly served upon Respondent with a single violation 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.
STIPULATED CONCLUSIONS OF LAW
1. Respondent admits that, in his capacity as a licensed physician, he is
subject to the provisions of Chapters 456 and 458, Florida Statutes, and the
jurisdiction of the Department and the Board.
2. Respondent admits that the facts set forth in the Administrative
Complaint, if proven, may constitute violations of Chapter 458, Florida Statutes, as
alleged in the Administrative Complaint.
3. The Parties admit that the Stipulated Disposition in this case is fair,
appropriate and acceptable.
STIPULATED DISPOSITION
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 64B8,
Florida Administrative Code.
2. FINE. The Board shall impose an administrative fine in the amount
of four thousand dollars ($3,000) against the Respondent. The Respondent
agrees to pay this fine to the Board of Medicine within one (1) year of the filing
of the Final Order of the Board. THE RESPONDENT ACKNOWLEDGES THAT
THE TIMELY PAYMENT OF THE FINE IS 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 Agency costs, as of the date of this
agreement, are four thousand six hundred dollars ($4,600.00). The
Respondent agrees to pay these costs to the Board of Medicine within six (6)
months of the filing of the 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 PRACTICING 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 SIX (6) MONTHS 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.
4. CONTINUING MEDICAL EDUCATION. The Respondent agrees
to attend five (5) hours of Continuing Medical Education (CME), in Risk
Management. Respondent agrees to 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. The Respondent additionally agrees to 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 addition to those hours required for renewal of licensure.
Unless otherwise approved by the Board, said continuing medical
education course shall consist of a formal, live lecture format.
5. LETTER OF CONCERN. Respondent shall receive a letter of
concern from the Board of Medicine.
6. AGREEMENT SUBJECT TO APPROVAL OF BOARD. 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 the Board enters a
Final Order incorporating the terms of this Agreement.
7. APPEARANCE BEFORE THE BOARD. The Respondent agrees to
appear before the Board of Medicine meeting when this Agreement is considered.
Respondent, in conjunction with the consideration of this Agreement by the Board,
agrees to respond to questions under oath from the Board, Board Staff or
Department Staff. The Respondent agrees that he will be prepared to explain the
circumstances involved in this matter and what measures have been taken to
prevent a recurrence. However, the Respondent agrees that he will offer no
evidence, testimony, or argument to dispute or contravene any stipulated fact or
conclusion of law.
8. REJECTION OF AGREEMENT. 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 in any proceeding; however, such
statements may be used by the Petitioner for impeachment purposes.
9. ADDITIONAL PROCEEDINGS NOT _PRECLUDED. The
Respondent and the Department understand that this Agreement and subsequent
Final Order incorporating same do not preclude additional proceedings by the
Board and/or the Department against the Respondent for acts or omissions not
specifically set forth in the Administrative Complaint attached as Exhibit A herein.
10. WAIVER OF JUDICIAL REVIEW. Upon the Board's adoption of
this Agreement, the 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.
11. RESPONDENT'S WAIVER OF ATTORNEY FEES. Upon the
Board's adoption of this Agreement, the Respondent agrees to waive any right he
may have to seek any attorney's fees or costs from the Department in connection
with this matter.
12. AUTHORIZATION TO REVIEW INVESTIGATIVE MATERIALS.
Respondent executes this Agreement for the purpose of avoiding further
administrative action with respect to this cause. In this regard, Respondent
authorizes the Board to 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 the
Board or any of its members from further participation, consideration or resolution
of these proceedings.
07/18/2002 10:42 FAX 904 354 5546 COLE, STONE, STOUDEMIRE Moog-oll
JUL-18-2002 69:28
oath, acknowledges is signature appears above.
: » Swom to and subscribed before me this 2 ™ day of July 2002.
BETTY E. HARMON
MY COMMISSION # CC 811621
EXPIRES: April 2, 2003
Bonded Thru Pichard insurance Agency
fy
APPROVED this Yday of Oc: 202.
John W. Agwunobi, MD, MBA, Secretaiy
Department of Health
AHCAYLEGAL MEDICAL 858 414 1589 P.68
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. CONTINUING EDUCATION UNITS. Unless otherwise directed by
the consent agreement, all continuing education units/courses must be completed,
and documentation of such completion submitted to the Board of Medicine
WITHIN ONE YEAR OF THE DATE OF THE FINAL ORDER.
Cc COSTS. Pursuant to Section 458.331(2), Florida Statutes, the
Respondent agrees to 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.
D. RESPONDENT'S ADDRESS. Respondent must keep current
residence and practice addresses on file with the Board. Respondent agrees to
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 ten (10) days in the event that Respondent leaves the
active practice of medicine in Florida.
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.
Docket for Case No: 02-001414PL
Issue Date |
Proceedings |
Jan. 23, 2003 |
Final Order filed.
|
Jul. 19, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jul. 18, 2002 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Jul. 10, 2002 |
Notice of Taking Deposition Duces Tecum, S. Tarkan (filed via facsimile).
|
Jul. 03, 2002 |
Notice of Taking Deposition Duces Tecum, W. Thompson, C. Bald (filed via facsimile).
|
Jul. 02, 2002 |
Order issued. (motion is granted)
|
Jun. 26, 2002 |
Cross-Notice of Taking Deposition of Expert Duces Tecum, C. Gross (filed via facsimile).
|
Jun. 26, 2002 |
Motion to Permit Petitioner`s Expert to Testify by Telephone at Final Hearing (filed via facsimile).
|
Jun. 25, 2002 |
Notice of Unavailability (filed by Petitioner via facsimile).
|
Jun. 18, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 25, 2002; 10:00 a.m.; Jacksonville, FL).
|
Jun. 13, 2002 |
Stipulated Motion for Continuance filed by Respondent.
|
May 03, 2002 |
Order of Pre-hearing Instructions issued.
|
May 03, 2002 |
Notice of Hearing issued (hearing set for July 1, 2002; 10:00 a.m.; Jacksonville, FL).
|
Apr. 19, 2002 |
Joint Response to Initial Order (filed via facsimile).
|
Apr. 10, 2002 |
Initial Order issued.
|
Apr. 09, 2002 |
Notice of Appearance (filed by S. Whitsitt via facsimile).
|
Apr. 09, 2002 |
Petitioner`s First Request for Production of Documents to Respondent (filed via facsimile).
|
Apr. 09, 2002 |
Petitioner`s First Request for Admissions (filed via facsimile).
|
Apr. 09, 2002 |
Notice of Serving First Interrogatories (filed by Petitioner via facsimile).
|
Apr. 09, 2002 |
Administrative Complaint filed by facsimile.
|
Apr. 09, 2002 |
Election of Rights filed by facsimile.
|
Apr. 09, 2002 |
Agency referral filed by facsimile.
|