STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) ) PETITIONER, Va” um } 6%: 2 304 fl v. ) CASE NO. 2002-22897 ) ) JOSE CRESPIN, M.D., ) ) RESPONDENT. _—+) ) Zr] Hd 9- AVHEO WWII HL 40 Joldsd ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, JOSE CRESPIN, M.D., and alleges: 1. 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. 2. Respondent is and has been at all times material to the Complaint a licensed physician in the state of Florida, having been issued license number ME 60672. 3. Respondent’s last known address of record is 855 S.W. g™ Street, Miami, Florida 33130. 4. Respondent is not Board certified. 5. On or about April 1, 2002, Respondent entered into an arrangement with Impact Health Care (hereinafter “Impact”) located in Miami, Florida, for the purpose of serving as an independent contractor to perform patient evaluations and histories based on an online medical history-personal profile submitted by individuals when they requested a prescription for medication. 6. On or about August 7, 2002, Respondent received CH’s completed questionnaire via the Internet. 7. On or about August 7, 2002, Respondent using an Impact prescription, inappropriately prescribed Phentermine 37.5 mg to CH., a person residing in Texas. 8. Phentermine is a Schedule IV controlled substance used to treat obesity. Schedule IV substances, if abused, may lead to limited physical or psychological dependence. 9. Respondent did not see or perform a physical examination of CH, for whom he signed the Impact prescription described above. | 10. On or about September 9, 2002, CH executed an Authorization for Release of Patient Information. 11. On or about September 30, 2002, Petitioner forwarded CH’s Authorization for Release of Patient Information to Respondent for the release of any and all of CH’s medical records to Petitioner. 12. To date Respondent has failed to provide any medical records of CH to Petitioner. 13. Section 458.336, Florida Statutes, provides that the Florida Board of Medicine shall adopt rules that establish practice guidelines for physicians to safely prescribe phentermine, fenfluramine, and other drugs used to treat obesity. 14. Rule 64B8-9.012, Florida Administrative Code, establishes the standards for the prescription of obesity drugs. COUNT ONE — STANDARD OF CARE VIOLATION 15. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth in this Count One. 16. Section 458.331(1)(t), Florida Statutes, sets forth grounds for disciplinary action by the Board of Medicine and provides that a physician may be subject to discipline for failure to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. 17. Respondent failed to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances in one or more of the following ways: a. By dispensing a legend drug without performing an examination of the patient; b. By dispensing a legend drug without making a diagnosis; c. By dispensing a legend drug without establishing a treatment plan. 18. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes, by failing to practice with that level of care, skill and treatment that is recognized by a reasonably prudent physician as being acceptable under similar conditions and circumstances. COUNT TWO — INAPPROPRIATE PRESCRIBING 19. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth in this Count Two. 20. Section 458.331(1)(q), Florida Statutes, subjects a licensee to discipline, including suspension, for prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician's professional practice. For the purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician's professional practice, without regard to his or her intent. 21. Respondent inappropriately dispensed Phentermine in one or more of the following ways: a. By dispensing a legend drug without performing an examination of the patient; b. By dispensing a legend drug without making a diagnosis; c. By dispensing a legend drug without establishing a treatment plan. 22. Based on the foregoing, Respondent violated Section 458.331(1)(q), Florida Statues (2001), by prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician’s professional practice. COUNT THREE — INADEQUATE MEDICAL RECORDS 23. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth in this Count Three. 24. Section 458.331(1)(m), Florida Statutes, subjects a licensee to discipline, for failing to keep legible, as defined by department rule in consultation with the b oard, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 25, Respondent failed to keep medical records that justify the course of treatment of the individual to whom Respondent dispensed Phentermine in one or more of the following ways: a. By failing to document an examination of CH before prescribing a legend drug; b. By failing to document a diagnosis before prescribing a legend drug; c. By failing to document a treatment plan before prescribing a legend drug. 26. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes, by failing to keep medical records that justify the course of treatment of the patient, including but not limited to, patient histories, examination results, test results, records of drugs prescribed, dispensed or administered, and reports of consultations. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. te SIGNED this_2 — day of Aga , 2003. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health XK o 02 Assistant General Counsel ice’. tt | Department of Health - PSU erg ist : fe) iA 4052 Bald Cypress Way Bin C-65 s&s 7 Tallahassee, Florida 32399-3265 | On Florida Bar # 394572 be) 850.414.8126 LOP/vt Reviewed and approved by ] LIC (initials)5 [22/03 (date) PCP: PCP Members: (Jose Crespin, M.D., Case # 02-22897) NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and’ argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary m atter, w hich m ay include attorney h ours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 03-002304PL