7 Aug 30 2005 16: AUIG-38-2085 16:12 AHCA/LEGAL MEDICAL ° roa 414 1989 P.a4 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-34938 MANUEL D. VAZQUEZ, M.D., RESPONDENT. a ADMINISTRATIVE COMPLAINT COMCS NOW, Petitioner, Department of Health, by and through Its undersigned counsel, and files this Administrative Cornplaint before the Board of Medicine against Respondent, Manuel D, Vazquez, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was 4 licensed physician within the State of Florida, having been issued license number ME 28312. 3. Respondent's address of record is 1394 NW 100 Avenue, Coral Springs, Florida 33071; and his last knawn address is Inmate Number Aug 30 2005 16:13 856 414 1989 P.@S AUG-38-2085 16°15 AHCA/LEGAL MEDICAL 56392-004, Coleman Low Federal Correctional Complex, 846 NE ggn Terrace, P.O. Box 1031, Coleman, Florida 33521-1031. 4, On or about December 19, 2002, Respandent was charged ina forty-four (44) count indictment, In case number 02-60285-CR-Marra, in the United States District Court for the Southern District of Florida, Fort Lauderdale Division, for knowingly and intentionally distributing Schedule I and Schedule TI] controlled substances while not registered with the Drug Enforcement Agency, and outside of the course of professional medical practice, in violation of Title 21, United States Code, Sections 841(a)(1), B44(b)(1)(C), 841(b)(1)(D), and Title 18, United States Code, Section 2.. 5. The indictment alleged! that Respondent unlawfully issued prescriptions for Percocet and Lorcet. 6. On or about August 19, 2003, Respondent pleaded guilty, in case number 02-60285-CR-Marra in the United States District Court for the Southern District of Florida, Fort Lauderdale Division, to one (1) count of distribution of contralied substances, in violation of Title 21, United States Code, Section 841. 7. Qn or about August 19, 2003, Respondent was sentenced to sixty (60) months In prison; upon release from Imprisonment, Respondent will be placed on supervised release with conditions for a term of three (3) Page 2 wt Aug 30 2005 16:13 856 414 1989 AUG-38-2085 16°15 AHCA/LEGAL MEDICAL years; Respondent was ordered to pay a fine in the amount of five thousand ($5,000.00) dollars; and the court recommended that Respondent cnter a five hundred (500) hour drug program. 8. The crime to which the Respondent was found guilty and convicted is a crime that is directly related to the practice ot medicine or to the ability to practice medicine. | 9. The qualities that are essential ta the practice of medicine include reliability, honesty, and good moral character. The crime of which Respondent was found guilty and convicted demonstrates that Respondent lacks these essential qualities. By demonstrating that Respondent lacks these essential qualities, Respondent’s crime relates to the ability to practice medicine by showing that he is not worthy to be entrusted with the privileges and authority vested in those who are licensed to practice medicine. 10. Under Section 456.074(1), Florida Statutes (2003), the Florida Legislature made it mandatory for the Department of Health to issue an Emergency Suspension Order prohibiting a physician from practicing medicine in the State of Florida if he was convicted, pled guilty to, or entered a plea of nolo contendere, regardless of adjudication, to a felony under 21 United States Code, Section B41. Page 3 AUIG-38- : IG-38-2085 16°15 AHCA/LEGAL MEDICAL Fug 50 2005 16:14 856 414 1989 F.ar {i, The Florida Legisiature made the crime Respondent pled guilty to a mandatory Emergency Suspension Order crime, thereby showing its determination that the crime relates to the licensee's practice of medicine or ability to practice his profession. 12. Section 458.331(1)(c), Florida Statutes (2003), provides that being convicted ar found guilty of, or entering @ plea of nolo contendere to, regardless of adjudication, @ crime in any jurisdiction which directly relates to the practice of madicine or to the ability to practice medicine constitutes grounds for disciplinary action by the Board of Medicine. 13. Respondent's August 19, 2003, criminal plea of guilty to illegally distributing controlled substances directly relates to his practice of medicine or to his ability £0 practice medicine. 14. Based on the foregoing, Respondent has violated Section 458.331(1)(c), Florida Statutes (2003), by being convicted or found guilty of, or entering 4 plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more af the following penalties: permanent revocation or suspension of Respondent's license, restriction of Page 4 5 ag ao Aug 3 : 36-2085 16:14 AHCA“LEGAL MEDICAL 5s) 2008 ‘oso at 1989 P.@8 placement of the Respondant on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. § “a SIGNED this _ ya day of J anny , 200%. John ©. Agwunobi, M.D., M.B.A., M.P.H. ecretary, De ent of Health e Hunter sistant Gencral Counsel FILED DOH Prosecution Services Unit DeraRyey OF neat 4052 Bald Cypress Way, Bin C-65 \ Tallahassee, FL 32399-3265 cxenk Nothin Colma Florida Bar No. 0570788 DATE. | - Zp roR (850) 414-8126 (850) 414-1989 FAX fph PCP! January 21, 2005 PCP MemberS:gipahri, Ondra, pyches Reviewed and approved by: DEE (initials) Lol te fey (date) Manuel Dominic Vazquez, M.D, DOH Case No. 2004-34938 Page 5 AUIG-38- : . B-268S 16:14 AHCA/LEGAL MEDICAL Aug SO 2005 16:14 856 414 1989 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 matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. Manuel Dominic Vazquez, M.D., DOH Case No. 2004-34938

Docket for Case No: 05-003155PL