May 26 2006 11:15 @5/ 25/2086 23:11 8584146749 DEPR OGA PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2003-075708 FRANCIS NEUBERGER Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Board of Veterinary Medicine against FRANCIS NEUBERGER, ("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. At all times material hereto, Respondent was licensed in the State of Florida as a veterinarian, having been issued license number VM 8354. 3. Respondent's address of record is 12090 Woodchuck Hollow, Chesterland, OH, 44026. 4. On or about November 11, 2002, Janet Lodge (Lodge) contacted Respondent to request emergency treatment for her horse, Specially Tuned. May 26 2006 11:15 @5/ 25/2086 23:11 8584146749 DEPR OGA PAGE @4/ag 5. Lodge told Respondent that she felt the horse was showing signs of neurological problems 6. Respondent came to the farm where Specially Tuned was kept. 7. Respondent observed the horse's symptoms and diagnosed the horse with Equine Protozal Myelitis (EPM). 8. Respondent did not perform a blood test. 9. Respondent stated to Lodge that medication had to be special ordered and that Lodge could pick it up the following Monday, 10. Sometime after Respondent left, Lodge felt the horse's condition worsened. , 11. Lodge contacted Respondent again, and requested he return to further treat the horse. 12. Respondent refused, claiming he could not help the horse any further. 13. Lodge then contacted Palm Beach Equine. 14. In response, Dr. Timothy DeLatte, license number VM 7769, examined the horse and diagnosed the horse with West Nile Virus. 15. The horse was subsequently euthanized. 16. Respondent did not maintain medical records for his treatment of Specially Tuned. COUNT ONE 17. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as though fully set forth herein. May 26 2006 11:15 @5/ 25/2086 23:11 8584146749 DEPR OGA PAGE @5/ag 18. Section 474.214 (1)(r), Florida Statutes, states that "[bJeing guilty of incompetence or negligence by failing to practice medicine with that level] of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances," is grounds for disciplinary action which may be taken pursuant to section 474.214 (2), Florida Statutes. 19. Based on the foregoing, Respondent is guilty of violating section 474.214 (1)G@), Florida Statutes, by failing to take sufficient steps to properly diagnose Specially Tuned and by refusing to provide subsequent care after the initial treatment. Therefore, Respondent is subject to discipline pursuant to section 474.214 (2), Florida Statutes, COUNT TWO 20. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as though fully set forth herein. . 2). Section 474.214 (1)(ee), Florida Statutes, states that "[flailing to keep contemporaneously written medical records as required by rule of the board," is grounds for disciplinary action which may be taken pursuant to section 474.214 (2), Florida Statutes. 22. Based on the foregoing, Respondent is guilty of violating section 474.214 (1)(ee), Florida Statutes, by not making and maintaining medical records for Specially Tuned's treatment. Therefore, Respondent is subject to discipline pursuant to section 474.214 (2), 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 May 26 2006 11:15 @5/ 25/2086 23:11 8584146749 DEPR OGA PAGE 86/a9 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 association with the investigation, imposition of any or al] penalties delineated within sections 455.227 (2), and 474.214 (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_g¢/ day of _ FERAL, 2004, Drew F. Winters Assistant Genera] Counsel Case # 2003-075708 Counsel for the Department: Drew F.. Winters Assistant General Counsel Florida Bar Number 679941 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-2202 DFW/rag PCP date - q-a4-or

Docket for Case No: 06-001923PL