Petitioner: DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE
Respondent: JOSEPH DELUCA, D.O.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Miami Shores, Florida
Filed: Oct. 23, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 31, 2006.
Latest Update: Dec. 23, 2024
Oct 23 2006 10:45
OCT-23-2086 18:55
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO, 2006-10191
JOSEPH DELUCA, D.O.,
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
COMES NOW Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the
Board of Osteopathic Medicine against Respondent, Joseph Deluca, D.O.,
and in support thereof alleges:
1. Petitioner is the state department charged with regulating the
practice of osteopathic medicine pursuant ‘to Section 20.43, Florida
Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes.
2. At all times material to this Complaint, Respondent was a
‘licensed osteopathic physician within the State of Florida, having been
issued license number OS 6712.
gooz 9 T ONW
OCT-23-20 1s Oct 23 2005 10:46
3. Respondent’s address of record is 7522 Wiles Road, Suite 106B,
Coral Springs, Florida 33067.
4. On or about April 11, 2006, Department of Health investigators
Shuman Lucas (“Lucas”) and Alan Miller, R. Ph. (Miller”), presented to The
Doctor’s Office, in Coral Springs, Florida, to conduct a routine inspection of
the facility.
5. Respondent is a Dispensing Practitioner at The Doctor’s Office.
6. | When Lucas and Miller met with the Respondent, they notified
the Respondent that they were conducting a routine inspection of
Respondent's Dispensing Practitioner practice.
7. Lucas and Miller then requested Respondent to show them his
osteopathic physician's license. Respondent left and went into another
room to try and find his license. Shortly thereafter, Respondent returned
and told Lucas and Miller that he could not find his license. However,
Respondent had his wallet card license that had expired on March 31,
2006. ,
8. Miller and Lucas mentioned to Respondent that his wallet card
license had expired and requested Respondent to show them his renewal
registration certificate license. Respondent went into another room to try
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to locate it, returned and stated to Miller and Lucas that he could not find
it.
9, Respondent's demeanor then changed dramatically from
friendly to confrontational. Respondent yelled “Why are you looking at me
like that,” to Miller and Lucas.
10. Respondent began to shout profanities at Lucas and Miller.
Respondent also became aggressive and clenched his fists. Respondent
put one of his fists into his mouth as if to bite it.
41. Miller and Lucas then stated to Respondent that the state
inspection was over. Miller and Lucas walked out of The Doctor’s Office
and as they were walking out, Respondent continued to shout at Lucas and
Miller.
12. Miller and Lucas were unable to finish the inspection before
being forced to leave by the Respondent's actions.
COUNT ONE
13. Petitioner re-alleges and incorporates paragraphs one (1)
through twelve (12) as if fully set forth herein.
14. Section 456.072(1)(r), Florida Statutes (2005), provides that
improperly interfering with an investigation or inspection authorized by
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statute, or with any disciplinary proceeding is grounds for disciplinary
action by the Board of Osteopathic Medicine.
15. Section 456.069, Florida Statutes (2005), states that duly
authorized agents and employees of the department shall have the power
to inspect in a lawful manner at all reasonable hours any establishment at
which the services of a licensee authorized to prescribe controlled
substances specified in chapter 893 are offered.
16. Respondent improperly interfered with the Department’s
inspection on or about April 11, 2006, by becoming confrontational, by
becoming aggressive, by yelling or by shouting obscenities at the
Department's investigators, which caused them to terminate the inspection
before it was completed.
17. Based upon the foregoing, Respondent violated Section
456.072(1)(r), Florida Statutes (2005), by improperly interfering with an
investigation or inspection authorized by statute, or with any disciplinary
proceeding.
COUNT TWO
18. Petitioner re-alleges and incorporates paragraphs one (1)
through twelve (12) as if fully set forth herein.
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19. Section 459.015(1)(pp), Florida Statutes (2005), provides that
violating any provision of this chapter, Chapter 456, or any rules adopted
pursuant thereto constitutes grounds for disciplinary action by the Board of
Osteopathic Medicine.
20. Section 456.036(1), Florida Statutes (2005), states that a
licensee may practice a profession only if the licensee has an active status
license. A licensee who practices a profession with an inactive status
license, a retired status license, or a delinquent license is in violation of this
section and s. 456.072, and the board, or the department if there is no
board, may impose discipline on the licensee.
21. Between on or about April 1, 2006, when Respondent's license
was placed into a delinquent status, through on or about April 11, 2006,
when the Department's investigators attempted to perform a routine
inspection, Respondent was practicing osteopathic medicine with a
delinquent status license. Respondent's license was not reinstated from
delinquent status to a clear status by the Board of Osteopathic Medicine
until on or about May 3, 2006.
22. Based upon the foregoing, Respondent violated Section
459.015(1)(pp), Florida Statutes (2005), for violating any provision of this
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chapter, Chapter 456, or any rules adopted pursuant thereto through a
violation of Section 456.036(1), Florida Statutes (2005), for practicing
osteopathic medicine with a delinquent license.
WHEREFORE, Petitioner respectfully requests that the Board of
Osteopathic 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.
SIGNED this [6 day of hat , 2006.
DEPARTMENT or EHEALTH
ole GI whcteli. n
DATE A MLC iC y
pcp: 8/1) 10
M. Rony Francojs, M.D., M.S.P.H., Ph.D
Hy De il ment ‘of Health
j,/ Blake Hunter
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar No. 0570788
(850) 245-4640
(850) 245-4683 FAX
PCP Members: Kautinan + Anorole
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Reviewed and approved by: (initials) 08 l6-Uo (date)
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.
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Docket for Case No: 06-004128PL