Ne —_?) STATE OF FLORIDA Division of Administrative Heatings DEPARTMENT OF HEALT an DEPARTMENT OF HEALTH, F | [ | FE L PETITIONER, pate_|'C-8-OY v. CASE NO, 2005-52525 VENU GOPAL MENON, M.D., RESPONDENT. / eee ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Compiaint before the Board of Medicine against Respondent, Venu Gopal Menon,-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 a licensed physician within the State of Florida, having been issued Jicense number ME 32166. WY ro) 3. The Respondent is board certified in Anesthesiology and Pain Management. 4. Respondent's address of record Is 610 Boxwood Court, Toy, OH 45373. 5. The Nebraska Department of Health and Human Services Regulation and Licensure (hereinafter “Nebraska Department”) is the licensing authority regulating the practice of medicine in the State of - Nebraska. ) : 6. On or about April 6, 2005, the Nebraska Department issued an Order -on’ Agreed Settlement adopting a settlement which ‘required the ‘Respandent to voluntarily surrender his license to practice medicine in the State of Nebraska for a minimum period of two (2) years in lieu of disciplinary proceedings. As part of the agreed settlement, the Respondent also.acknowledged that reinstatement of his medical license ‘after the two . (2) year minimum is at the discretion of the Nebraska Department and subject to the approval of the Board of Medicine and Surgery. 7. The voluntary surrender of the Respondent's license in lieu of disciplinary proceedings by the Nebraska Department constitutes action against Respondent's license to practice medicine in the State of Nebraska. J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc Po ge 2 ~ 8. Respondent failed to report, in writing, to the Florida Board of Medicine within thirty (30) days of the Order on Agreed Settlement adopting the settlement which required the voluntary surrender: of his medical licensure for a minimum of two (2) years on or about April 6, 2005, by the Nebraska Department. COUNT ONE 9.. Petitioner realleges and incorporates paragraphs one (1) ‘through eight (8) as if fully set forth herein. 10, Section 458.331(1)(b), Florida ‘Statutes (2004), provides that - having a license or the authority to. practice medicine revoked, suspended, ‘or otherwise acted against, including the denial of iictensure, by the . licensing authority of any jurisdiction constitutes grounds for disciplinary action by the Board of Medicine. The licensing authority's acceptance of a physician’s relinquishment of a license, stipulation, consent order, or other Settlement, offered in response to or in anticipation of the filing of administrative charges against the physician’s license, shall be construed as action against the physician's license. J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc pane 3 Page e/ 11. The voluntary surrender of the Respondent's license in lieu of disciplinary proceedings by the Nebraska Department constitutes action against Respondent's Ilcense to practice medicine in the State of Nebraska, /12. Based on the foregoing, Respondent has violated Section 458.331(1)(b), Florida Statutes (2004), by having a license or the authority . to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, ‘COUNT TWO 13. Petitioner realleges and incorporates Paragraphs one (1) through eight (8) as if fully set forth herein. 14. Section 458.331(1)(kk), Florida Statutes (2004), provides that falling to report to the board, in writing, within thirty (30) days if attion as defined in Section 458.331(1)(b), Florida Statutes, has been taken ‘against one’s license to practice medicine in another state, territory or country constitutes grounds for disciplinary action by the Board of Medicine, 15. Respondent failed to report, in writing, to the Florida Board of Medicine within thirty (30) days of the Order on Agreed Settlement adopting the settlement which required the voluntary surrender: of his J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc : , Page.4 ~ ) i medical licensure for a minimum of two (2) years on or about Apri 6, 2005, by the Nebraska Department. 16. Based on the foregoing, Respondent has violated Section 458.331(1)(kk), Florida Statutes (2004), by failing to report to the board, in writing, within thirty (30) days if any action as defined in Section 458.331(1)(b), Florida Statutes, has been taken against one’s license to practice medicine in another state, territory or country. "WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanentt.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. J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc Page S VW io) SIGNED this__/3 day of Legitinmdan ___, 2008. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health ~ Tatham /” Matthew Casey Assistant General Counsel Fi E D DOH Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65: CLERK: Ria K -°. . Tallahassee, FL 32399-3265 ; DA oun Florida Bar # 0115320 : ME_OMG-Np | (850) 245-4640 ext. 8173 — phone (850) 245-4681 — fax PCP: qjisjot PCP Members: Ashkar, Avil + Beebe J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(by & (kk) other state ac.doc : Page 6 w wo DOH v, Venu Gopal Menon, Case #2005-52525 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. J:\PSU\Medical\Matthew Casey\Cases\Menon 05-52525\(b) & (kk) other state ac.doc : Page 7

Docket for Case No: 06-004944PL