Mar 19 2008 MAR-19-2088 9:32 AHCA/LEGAL MEDICAL 856 414 1989 P.@S STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2005-66741 PAUL S. GLASSMAN, D.0O., RESPONDENT. / T= ADMINISTRATIVE COMPLAINT = COMES NOW Petitioner, Department of Health, by and through Its Co undersigned counsel, and files this Administrative Complaint before the | Board of Osteopathic Medicine against Respondent, Paul S. Glassman, D.O., and in support Lhereof alleges: 1. Petitioner is the state department charged wilh regulating the practice of osteopathic medicine pursuanl to Section 20.43, Florida Statutes; Chapter 456, Florida Statues; 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 1476. JAPSU\Medicalerhomar\Giagsman 2005-6 7208.46 2005-67208(n0.doe ] Mar 19 200% 10:33 MAR-19-2088 9:32 AHCA/LEGAL MEDICAL 856 414 1989 P.@6 3. Respondent’s address of record is 16991 NE 20" Street, North Miami Beach, Florida 33162. 4, On or about August 10, 2005, Respondent was the sole corporate officer and owner of Around the Clock Medical Center (“ACMC") and the physician working at ACMC that day. 5. Qn or about August 10, 2005, Respundent dispatched an ACMC medical assislant lo Patient N.V.’s home to take blood and urine at the request of an unlicensed physician. 6. ‘Patient N.V. was a forty-eight (48) year-old female diagnosed with terminal cancer under the care of hospice. 7. On or about August 10, 2005, Patient N.V. paid Respondent's ACMC $250.00 for the “blood work” services in the form of a credit card. The recelpt supplied to Paticnt N.V. was not itemized and dic not stipulate the components and respective charges for the house call. 8 On or about August 10, 2005, Respondent had a complete bleod work-up and urinalysis completed for Patient N.V. at the request of an unlicensed physician. JAPS US Medical Both\OS\AC\Glassmon 2005-6 7208\AC 2005-67208(x0.dox, 2 Mar 19 200% 10:33 MAR-19-2888 9:33 AHCA/LEGAL MEDICAL 856 414 1989 Pa? 9. On or about August 11, 2005, Respondent received and forwarded the lab results for Patient N.V.‘S blood and urine to an unlicensed physician. | 10. Respondent never personally meet, examined, diagnosed or - treated Patient NV. COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 459.015(1)(0), Florida Statutes (2005), provides that failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed osteopathic physician or the osteopathic physician extender or supervising osteopathic physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each. diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations, constitutes grounds for discipline by the Board of Osteopathic Medicine. JAPBU\Modicall Beth OS\ACA Hasan 2005-87208\AC 2005-5 7208(x0.doe 3 Mar 19 200% 10:33 MAR-19-2888 9:33 AHCA/LEGAL MEDICAL 856 414 1989 P.@8 13, Rule 64B15-15.004, Florida Administrative Code (“F.A.C."), provides In relevant part, 64B15-15.004 Written Records; Minimum Content: Retention. (1) For the purpose of implementing the provisions of subsection 459.0115(1)(o), Florida Statutes, osteopathic physicians shall maintain. written legible records on cach paticnt. Such written records shall contain, at a minimum, the following information about the patient: (a) Patient histories; (b) Examination results; (c) Test results; (d) Records of drugs prescribed, dispensed or administered; (2) Reports of consultations; and (f) Reports of hospitalizations. 14. Respondent failed Lo keep legible medical records that justify the course of treatment of Patient N.V. In the following ways: a) by failing to record or inadequately recording physical ‘ examinations of Patient N.V.; b) by failing to document a complete and proper hislury of Patient N.V.: ¢) _ by failing to document an appropriate treatment plan for Patient N.V.; d) ‘by failing to document justifications for taking Patient N.V.’s blood and urine for analysis; or JAPEL Medical Beth\O3\AC\Glags nian 200366 7208'AC 20056672081 20.dn0 4 Mar 19 2008 10:34 MAR-19-28688 9:33 AHCA/LEGAL MEDICAL 856 414 1989 P.@9 €) by failing to itemize Patient N.V.'s bill to include the specific charges and amounts, 15. Based on the foregoing, Respondent has violated Section 459.015(1)(o), Florida Statutes (2005), through a violation Rule 64B15- 15.004, F.A.C., by failing to keep legible medical records that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results: test results: records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. COUNT TWO 16. Petitioner realleges and incorporales paragraphs one (1) through ten (10) as if fully set forth herein. 17, Section 459.015(1)(x), Florida Statutes (2005), provides: 1) The following acts shall constitute grounds for denial of a license or disciplinary action, as specified In 5. 456.072(2): * * * (x) Notwithstanding s. 456.072(2) bul as specified in s. 450.50(2): ¥ + 1. Committing medical malpractice as defined ins. 456.50. The Board shall give great weight to the provision of s. 766.102 when enforcing this paragraph. % JABS UNM edioah Beth OS' ACG lasaman 20056720840 2005-67208(a0.d00 5 Mar 19 2008 10:34 MAR-19-28688 89:34 AHCA/LEGAL MEDICAL 856 414 1989 Medical malpractice shall not be construed to raquire more than one instance, event, or act. 18. Section 456.50(1)(g}, Florida Statutes (2005), defines medical malpractice as, “the failure to practice medicine in accordance with the level of care, skill, and Wreatmenl recognized in general law related lo health care licensure,” 19. Respondent failed to practice osteopathic medicine with that level of care, skill, and treatment which is recagnized by a reasonably prudent similar osteopathic physician, in one or more of the following ways: a) hy failing to perform an adequate physical examination of Patient NV.; b) by failing to make a treatment plan with objectives for Patient NV. ¢) by failing to justify the ordering of the blood and urine analysis for Patient N.V.; d) by failing to take and document a complete medical history for Patient N.V.; or JAPSU\Medicalibet iOS CyGlasaman 2005-4 720B\AC 2005-6 7208(x0.lui: 6 P.ia Mar 19 2008 10:34 MAR-19-28688 89:34 AHCA/LEGAL MEDICAL 856 414 1989 Pidi c) by failing to properly filt out a bill and/or charge tor Patient N.V. to identity the charges and procedures to be performed. 20. Based on the foregoing, Respondent has violated Section 459,.015(1)(x), Florida Statutes (2005), by failing to practice osteopathic medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar osleupathic physician as being acceptable under similar conditions and circumstances. COUNT THREE 21. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 22, Section 456.072(1)(j), Florida Statutes (2005), pruvides that aiding, assisting, procuring, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession or the rules of the department or the board constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. 23. On or about August 10, 2005, Respondent ordered blood and urine analysis for Patient N.V. on behalf of an unlicensed physician. JAPSU\Merlizalleth\us) AC \Glacsman 2005-6 7208. AC 2005 6720F(KO,doe 7 Mar 19 2008 10:35 MAR-19-28688 89:34 AHCA/LEGAL MEDICAL 856 414 1989 P.i2 24, Based on the foregoing, Respondent has violater! Section 456.072(1)(j), Florida Statutes (2005), by aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to this chapter or to a rule 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. ‘cs SIGNED this __!9 day of [foie , 2007. Ana M. Viamonte Ros, M.D. M.P.H State Su al A” ra lake Hunter istant Gencral Counsel H Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 0570788 (850) 245-4640, Ext. 8114 (850) 245-4682 Fax JAPSU\ Medical eth OS ACA Glasamen ADS 2080 A 720K doe Mar 19 2008 MAR-19-2088 9:35 AHCA/LEGAL MEDICAL 856 414 1989 P.13 PCP: A547 ; PCP Members: “retiafe Stucen 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. FOPSUNM dina BoulhOS' ACG lator 2005-87 208\AC 2005-67208 x0.doe 9 TOTAL FP.13

Docket for Case No: 08-001391PL