Sep 5 2007 13:40 SEP-@5-2087 13:22 FL DEPT OF HEALTH 856 488 1855 P.a2 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTM ENT OF HEALTH, Petitioner, Vv. DOH Case No. 2006-04941 ALBERT ZAMEK, M.D., Respondent. a | 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, Albert Zamek, 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 62525. J:A\P§U\Medical\Allison D\ Administrative Complaints\Zamek 2006-04941\AC.doc 1 AT. BALAN Sep 5 2007 13:40 SEP-@5-2087 13:23 FL DEPT OF HEALTH 856 488 1855 P.@3 3. Respondent's address of record is 424 90 Street, Surfside, Florida 33154, . 4. Onor about February 19, 2005, Patient J.D., a_fifty-eight-year- old female was referred to David Nehme, M.D., a urologist, for a consultation after she passed a kidney stone. 5. David Nehme, M.D. has two offices. One office is located at 528 East Osceola Street, Stuart, Florida and the other office is located at 1701 S.E. Hillmoore Street, Port St. Lucie, Florida. 6. In or about February 2005, Respondent subleased office space from David Nehme, M.D. at the Port St. Lucie location. The agreement allowed Respondent to use the office when David Nehme, M.D. and John Nehme, M.D. were not using the office. 7. On or about February 25, 2005, Patient J.D. presented to David Nehme's office in Port St. Lucie. 8. On or about February 25, 2005, Respondent was the only physician at ithe Port St. Lucie office. 9. On or about February 25, 2005, Patient J.D. arrived at the Port St. Lucie office and advised Respondent that she was there for an appointment with David Nehme, M.D. JAPSU\Medical\Altixon D\Administrative Complaints\Zamek 2006-04941\AC.doc 2 Sep 5 200° 13:41 SEP-@5-2087 13:23 FL DEPT OF HEALTH 856 488 1855 P.a4 10. Respondent told Patient J.D. to fill out a new patient information form and escorted Patient J.D. to an examination room, without introducing himself. 11. On or about February 25, 2005, Respondent took a history from Patient J.D. and asked her how she was feeling. 12. Because Respondent was not wearing a nametag, Patient J.D. inquired as to whether he was John or David, meaning either John Nehme, M.D. or David Nehme, M.D. 13. Respondent replied that he was John and stated that David is his uncle. 14. on or about February 25, 2005, Respondent examined Patient J.D. by taking her blood pressure and placing his hands on her back. 15. Respondent concluded the office visit by giving Patient J.D. another appointment for March 1, 2005. 16. Respondent never revealed his true identity to.Patient J.D. 17. Respondent does not specialize in urology. 18. When Patient J.D. returned home after her office visit, she realized she had gone to the wrong office and contacted David Nehme, M.D at his Stuart office. J ‘\PSU\Medical\A llison D\Administrative Complaints\Zamek 2006-04941\AC.doc 3 Sep 5 200° 13:41 SEP-ES-28H7 13:25 FL DEPT OF HEALTH 856 488 1855 P.@S 19. after speaking with David Nehme, M.D., Patient J.D. learned that she was; not examined by either David Nehme, M.D. or John Nehme, M.D. because both physicians were at the Stuart office for the entire day on February 25, 2005. 20. When Patient J.D. learned that she was not examined by either John Nehme, M.D. or David Nehme, M.D., she returned to the Port St. Lucie office to discuss this with Respondent. 21. Qn or about March 1, 2005, Patient J.D. saw Respondent at the Port St. Lucie office and recognized him as the person who examined her on February 25, 2006. 22. , Section 458.331(1)(k), Florida Statutes (2004), provides that making deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine constitutes grounds for disciplinary action by the Board of -Medicine. | 23. Respondent made a deceptive, untrue or fraudulent representation related to the practice of medicine and/or or employed a trick or scheme in the practice of medicine when he pretended to be David Nehme, M.D. and/or John Nehme, M.D. J APSU\Medicah Allison D\Administrative Complaints\Zamek 2006-0494 1\AC doc 4 Sep 5 200° 13:41 SEP-@5-2087 1at24 FL DEPT OF HEALTH 856 488 1855 P.@6 24. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes (2004), by making deceptive, untrue, or fraudulent representations in or related to the practice of medicine and/or employing a trick or scheme in the practice of medicine when he pretended to be David Nehme, M.D. and/or John Nehme, M.D. 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 the Respondent on probation, corrective action, refund of fees billed ot collected, remedial education and/or any other relief that the Board deems appropriate. J ‘A\PSU\Medical\Allison D\Administrative Complaints\Zamek 2006-0494 1\AC.doc 5 Sep 5 200° 13:41 SEP-ES-2087 lated . FL DEPT OF HEALTH 854 468 1655 P.? SIGNED this 227 day of ___ decwzhye/ , 2006. M, Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health A ide M. at % tre Assistant General Counsel DOH Prosecution Services Unit E 4052 Bald Cypress Way, Bin C-65 DEPA DEPUTY cuetie TH Tallahassee, FL 32399-3265 CLERK: SAL ias Florida Bar No. 159913 _pare_|! (850) 245-4640 X8106 (850) 245-4681 FAX PCP:_{A-22-0% PCP Members:_€/-Babr; Vigay ana gee JAPSU\Medical\Allison D\Administrative Complaints\Zamek 2006-0494 1\AC.doc 6 Sep 5 2007 13:42 SEP-@5-2087 1at24 FL DEPT OF HEALTH 856 488 1855 P.@8 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\Allison D\Administrative Complaints\Zamek 2006-04941\4C.doc 7

Docket for Case No: 07-004014PL