Aug 3 2006 15:47 AUIG-@3-2886 16:83 AHCA P.a4/87 oo as STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-05646 RISA VINARUB, D.P.M., RESPONDENT. / ADMI COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Podiatric Medicine against Respondent, Risa Vinarub, D.P.M., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of podiatric medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 461, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed ) podiatric physician within the state of Florida, having been issued license number PO 2414, on October 18, 1993. 3, Respondent's address of record is 1205 N. Courtenay Parkway, Merritt Island, Florida 32953. 4. Respondent practiced podiatry at Brevard Healthworx, Inc., and at Brevard Podiatry Group. Department of Health v. Risa Vinarub, DPM 1 Case Number 2004-05646 J:\PSU\Allied Health\Kathryn Price\Podiatry\Pcp June 2006\Administrative Complaints\Vinarub\Vinarub single count.cioc Aug 3 2006 15:47 AUIG-@3-2886 16:83 8 AHCA P.@5/87 5. On or about June 23, 2003, Patient S.M. presented to Brevard Healthworx, Inc., Patient $.M. was seen by Dr. Shelly Garrow, one of the podiatric physicians working | at Brevard Healthworx. 6. Dr. Garrow completed a record of treatment that indicated that Patient 5.M. had Plantar Fasciitis, right, edema, and R/O exostosis. 7. Plantar fasciitis means inflammation of the plantar fascia, the long, flat ~ band of tissue (ligament) that connects the heel bone to the toes and supports the arch of the foot. 8. Dr. Garrow established a treatment plan that included strapping applied to the right foot for structural support, control, compression, and immobilization. Dr. Garrow indicated in the treatment plan that she discussed injection therapy, physical therapy, strappings and orthotics with S.M. 9. On or about June 24, 2003, Respondent examined Patient S.M. . Respondent recorded that Patient S.M. stated that her right heel had been very tender and sore. Respondent injected the plantar medial aspect of the right heel with 1 V2 cc. | of 2% Xylocaine plain, 10 mg. of Kenalog, and 2 mg. of Dexamethasone Phosphate. Respondent applied well padded strapping to the right foot. 10. From on or about June 25, 2003, through on or about January 20, 2004, Respondent treated Patient S.M. Respondent’s record of treatment for S.M. indicated that the diagnosis was Plantar Fasciitis, and edema on at least 42 treatment notes. ii. From on or about June 25, 2003, through on or about January 20, 2004, — Respondent treated S.M. with physical therapy and strapping at least 42 times. Department of Health v. Risa Vinarub, DPM 2 Case Number 2004-05646 J:\PSU\Allied Health\ Kathryn Price\Podiatry\Pcp June 2006\Administrative Complalnts\Vinarub\Vinarub single count.doc Aug 3 2006 15:48 AUIG-@3-2886 16:83 _ AHCA a P.B6G? 3 12. From on or about June 23, 2003, through on or about September 19, 2003, 5.M.'s level of pain was not significantly altered. 13, Section 461.013(1)(s), Florida Statutes (2002-2003), provides that gross or repeated malpractice or the failure to practice podiatric medicine at a level of care, skill and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances, is an act for which disciplinary action may be taken. 14. Respondent practiced below the standard of care of a reasonably prudent podiatric physician in one or more of the following ways: (a) _ By failing to recognize that the treatments being provided to S.M were not helping to alleviate S.M.’s symptoms; (b) By failing to use S.M/’s response to treatment to modify or change the course of treatment; (c) By continuing physical therapy and strapping of S.Ms foot for 42 visits without any response to that treatment. 15. Based on the foregoing, Respondent violated Section 461.013(1)(s), Florida Statutes (2002-2003), by failing to practice pociatric medicine at the level of cars, skill, and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances. WHEREFORE, the Petitioner respectfully requests that the Board of Podiatric 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 Department of Health v. Risa Vinarub, DPM 3 Case Number 2004-05646 J:\PSU Allied Health\Kathryn Price\Podiatry\Pcp June 2006\Administrative Compiaints\Vinarub\Vinarub single count.doc Aug 3 2006 15:48 AUIG-@3-2886 16:84 ARCA . Pari? 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. SIGNED this (St day of C y i phe , 2006, M. Rony Francois, M.D., M.S.P.H., Ph. D. Se ry, Department of peal ~ * PCP: June 8, 2006 * PCP members: Price, Strickland By: Kathryn E. Price * Assistant General Counsel DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 OEPARTMENT OF HEALTH pallahassee, | FL 32399-3265 | DEPITY CLERK (850) 245-4640 VOICE CLERK Jamon Me (850) 245-4683 FAX DATE y-(l-ob 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. Department of Health v, Risa Vinarub, DPM 4 Case Number 2004-05646 JAPSUMAllied Health\Kathryn Price\Podlatry\Pcp June 2006\Administrative Complaints\Vinarub\Vinarub single count.doc TOTAL P.a?

Docket for Case No: 06-002814PL