May 22 2007 16:22 MAY-22-20H7 16:11 FL DEPT OF HEALTH S54 468 1855. P.@3-89 == = STATE OF FLORIDA ~~ DEPARTMENT OF HEALTH co 3 DEPARTMENT OF HEALTH, PETITIONER, v. | CASE NO. 2004-21937 JOSEPH CHI, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Joseph Chi, 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 license number ME 57219. Department of Health v. Joseph Chi Case # 2004-21937 -1- May 22 200° 16:22 MAY-22-2687 16°11 FL DEPT OF HEALTH Ba 488 1855 P. 84/88 3. Respondent's address of record is 1210 NW 95" Street, Miami, FL 33147, 4. FM. began treating with the Respondent as his primary care physician on or about April 8, 2002. During this initial consultation, the Respondent ordered blood work for FM. and diagnosed him with hypertension. 5. FM. returned to the Respondent on or about May 10, 2002 for a recheck of his blood pressure. EM. was advised to return for an additional recheck of his blood pressure. 6. FM. was last seen by the Respondent on or about July 3, 2002, at which time FM.s blood pressure was again checked, 7. _F.M.’s diagnostic blood work revealed that FM. had an elevated Prostate Specific Antigen (PSA). These test results were placed in F.M.'s medical records but were never addressed .by the Respondent during his treatment of the KM. In addition, FM. was not advised of the results of his blood diagnostic testing or the elevated Prostate Specific Antigen (PSA). Department of Health v. Joseph Chi ; Case # 2004-21937 -2- May 22 2007 16:23 MAY-22-2087 16:12 FL DEPT OF HEALTH 856 488 1855 P.@5-88 8. | FM. subsequently began treating with another physician who again conducted the PSA test as a part of M.'s blood work, which again revealed the elevated PSA levels on March 17, 2003. / 9. FM's subsequent treating physician referred FM. to a urologist who performed a radical perineal prostatectomy on or about July 27, 2003. The surgery was completed without complication or unexpected results, 10... Section 458.331(1)(t), Florida Statutes (2001), provides that gross and repeated malpractice or the failure to practice medicine ‘with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, constitute grounds for disciplinary action by the Board of Medicine. 11. Respondent did not practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under — similar circumstances, by one or more of the following: (a) Not advising F.M. of the abnormal PSA test and advising an appropriate course of treatment; Department of Health v, Joseph Chi Case # 2004-21937 - 3 - May 22 2007 16:23 MAY-22-2087 16:12 FL DEPT OF HEALTH 856 488 1855 P.@688 (b) Not appropriately reviewing and monitoring the test results of F.M.; (c) Not referring F.M. to a urologist when the clinical data demonstrated that this referral was medically necessary. 12. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2003), by failing to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. WHEREFORE, Petitioner respectfully requests that the Board of 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Department of Health v. Joseph Chi Case # 2004-21937 - 4 - May 22 2007 16:23 MAY-22-2087 16:12 FL DEPT OF HEALTH 856 488 1855 P.@?/@8 SIGNED this _* ° day of — Ae 2006. M. Rony Francois, M.D., M.S.P.H., PhD. Secretary, Department of Health FILE OEPARTMENT =D DEPUTY CLERK oe : CLERK Ahouse Miluw~ DsRobert Swanson OATE 4. 2£-pbe Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0678597 (850) 245-4640 (850) 245-4680 FAX PCP: March 24, 2006 PCP Members: . El-Bahri and Tucker | Department of Health v. Joseph Chi Case # 2004-21937 . 5 - May 22 2007 16:23 MAY-2e-2aa? 16:15 FL DEPT OF HEALTH 856 488 1855 P.@888 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. Joseph Chi Case # 2004-21937 TOTAL FP. ae

Docket for Case No: 07-002310PL