JUL-23-2087 13:54 Jul 23 2007 13:39 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-14214 ARTHUR HENSON, II, D.O., RESPONDENT. / ADMINI TIVE COMPLAI 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, Arthur Henson, IL, D.0., 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 1441. P.@3/15 roh7n Jul 23 2007 13:39 JUL-23-2087 13:55 P.a4715 3. Respondent’s address of record is 12241 NW 11" Street, Pembroke Pines, Florida 33026. 4, Respondent is currently employed by Marques Quality Plastic Surgery Center, located in Plantation, Florida, where he helps perform hair transplant procedures. 5. Onor about September 19, 2005, in Department of Health case number 2005-54561, the Department filed an Order of Emergency Suspension of License (“ESO”) suspending Respondent's license to practice osteopathic medicine in the State of Florida in order to protect the public from an immediate serious danger pursuant to Section 120.60(6), Florida Statutes. 6 On or about October 31, 2005, the Department filed a Corrected Administrative Complaint in Department of Health case number 2005-54561 charging Respondent with three (3) counts of violating Section 459.015(1)(x), Florida Statutes (2003-2004), for failing to practice osteopathic medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances; and three (3) counts of violating Section 459.015(1)(t), Florida Statutes (2003-2004), for J:\PSU\Medical\Blake\Osteo\ACs\HensonAC-E50.doc Page 2 JUL-23-2087 13:55 Jul 23 2007 13:39 prescribing, dispensing, administering, supplying, selling, giving, mixing, or otherwise preparing a legend drug, including all controlled substances, inappropriately or in excessive or inappropriate quantities that were not in the best interest of the patients and not in the course of the osteopathic - physician's professional practice, without regard to his or her intent. 7. The facts that formed the basis of the ESO and the Corrected Administrative Complaint were that Respondent prescribed controlled substances to three (3) patients inappropriately or in excessive amounts over a two (2) year period. On or about June 6, 2005, Respondent was arrested and charged with writing prescriptions for a controlled substance for a patient for monetary benefit. These charges are currently pending in the Circuit Court for the Seventeenth Judicial Circuit, in and for Broward County, Florida, case number 05009567CF10A. 8. Respondent appealed the ESO to the First District Court of Appeal and on or about March 3, 2006, the First District Court of Appeal issued an opinion quashing the Department’s ESO, Henson v. Department of Health, 922 So. 2d 376 (Fla. 1% DCA 2006). The First District Court of Appeal opined that, “[nJarrowly tailoring an emergency order to prohibit Respondent from prescribing narcotics and from treating the three patients J:\PSU\Medical\Blake\Osteo\ACs\HensonAC-ES0.doc Page 3 P.@6715 Jul 23 2007 13:40 JUL-23-2087 13:55 P6715 named in the emergency order would protect the public from the harm described until the administrative complaint has been completed.” 9. In light of the First District Court of Appeal’s ruling, the Department filed an Emergency Restriction Order (“ERO”) against Respondent’s license to practice osteopathic medicine on March 30, 2006, in Department of Health case number 2005-54561. Restriction Order restricted Respondent as follows: 10. The license of Arthur Henson, D.O., license number OS 1441, is hereby immediately — restricted prohibiting Respondent from prescribing narcotic pain relievers. The term “narcotics” is defined as: a. Originally, any drug derived from opium or opium-like compounds with potent analgesic effects associated with both significant alternation of mood and behavior and potential for dependence and tolerance. b. More recently, any drug, synthetic or naturally occurring, with effects similar to those of opium and opium derivatives, including meperidine and fentanyl and its derivatives. c. Capable of including a state of stuperous analgesia. Stedman's Medical Dictionary 26th Ed. The Emergency The March 30, 2006, ERO was hand-served on Respondent and his attorney prior to May 11, 2007. 11. On or about May 11, 2007, in violation of the March 30, 2006, ERO, Respondent prescribed Vicodin 5, 325 mg, 24 tablets to each of two patients: Patient J.B. and Patient LH. . 3:\PSU\Medical\ Blake\Osten\ACs\HensonAC-ES0.doc Page 4 Jul 23 2007 13:40 JUL-23-2087 13°56 Paris 12. Vicodin is a combination of a narcotic, hydrocodone, and a non-narcotic, acetaminophen. Vicodin contains enough hydrocodone so that it is classified as a Schedule IIT controlled substance as listed under Chapter 893, Florida Statutes. Vicodin is used to relieve moderate to severe pain and is a drug derived from opium or opium-like compounds. Substances in Schedule III have a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. 13. On or about May 14, 2007, in violation of the March 30, 2006, ERO, Respondent prescribed Vicodin 5, 325 mg, 24 tablets to Patient T.D. 14. No resolution has been reached in Department of Health case number 2005-54561 and no Final Order has been issued by the Board of Osteopathic Medicine; thus, the March 30, 2006, ERO remains in effect. 15. On or about May 16, 2007, a Department investigator and a Drug Enforcement Administration agent made an unannounced visit at Respondent's residence. During the visit, Respondent reviewed the three (3) prescriptions for Vicodin and admitted writing the prescriptions. The Department investigator pointed out the restriction, as to which J:\PSU\Medical\Blake\Osteo\ACs\HensonAC-ESO. doc Page 5 JUL-23-2087 13°56 Jul 23 2007 13:40 Respondent was aware. During the Department's investigator's conversation with Respondent it was learned that he wrote prescriptions for Vicodin to one (1) or two (2) more patients while he was restricted by the March 30, 2006, Emergency Restriction Order. 16. Section 456.072(1\(q), Florida Statutes (2006), provides that violating a lawful order of the department or board, or failing to comply with a lawfully issued subpoena of the department constitutes grounds for discipline by the Board of Osteopathic Medicine. 17. Respondent ‘violated the March 30, 2006, ERO when he prescribed Vicodin to Patients J.B. and L.H. on or about May 11, 2007, and Patient T.D. on or about May 14, 2007. 18. | Based on the foregoing,’ Respondent has violated Section 456.072(1)(q), Florida Statutes (2006), by violating a lawful order of the department or board. 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, J:\PSU\Medical\Biake\Osteo\ACs\HensonAc-ESO.doc Page 6 P8715 jUL-23-2e0? 1SISG Jul 23 200° 13:41 P9715 refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate r th — SIGNED this ? “ day of ew 2007. sistant General Counsel ae OH Prosecution Services Unit DEPARTMENT ree HEALTH 4052 Bald Cypress Way, Bin C-65 CLERK Tallahassee, FL 32399-3265 ogni Re cline REO Florida Bar No. 0570788 pare_le 245] (850) 245-4640 (850) 245-4682 FAX pcp: 0b-X4- OF PCP Members: [Maran e Dwen J:\PSU\Medical\Blake\Osteo\ACs\HensonAC-ESO.doc Page 7 Jul 23 200° 13:41 JUL-23-2087 13°56 P.18/15 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. JAPSU\Medical\ Blake\Osteo\ACs\HensonACc-ES0.dac Page 3

Docket for Case No: 07-003399PL