Dec 12 2008 14:15 Dec 12 2008 14:16 P.O5 STATE OF FLORIDA | DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, _ . | v. CASE NO. 2008-05032 ALBERT R. CIOFFI, M.D., oy RESPONDENT. | AD T E COMPLAIN’ ! Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Albert R. Cioffi, 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, and Chapters 456 and 458, Florida Statutes: | 2. At ail times material to this Complaint, Responder was a licensed physician within the state of Florida, having been ssued license number ME 41820. . 3. All references herein to Florida Statutes shall mean and refer to Florida Statutes (2007). JAPSU\Medical\MarrGX\Cases\Cioffi, Albert 2008-05032\AC, doc 1 Dec 12 2008 14:16 Dec 12 2008 14:16 P. O06 4. Respondent’s address of record is 2549 Southeast 12" Street, Pompano Beach, FL 33062-7041. 5. On or about October 18, 2007, Respondent entered a plea of guilty, and on or about January 9, 2008, Respondent was adjudicated guilty, in the United States District Court for the Southern District of Florida, in Case 07-80132 CR, for Misbranding a Drug While Held For Sale, a violation of 21 U.S.C. §§ 331(k), 333(a)(1), and 352(i)(3). 6. Section 456.072(1)(c), Florida Statutes, subjects a ph | crime, in ysician to discipline for being convicted or found guilty of, or entering a plea of guilty or nolo contender to, regardless of adjudication, a crime in any jurisdiction | which relates to the practice of, or the ability to practice, a profession, 7, Respondent violated Section 456,072(1)(c), Florida St one or more of the following ways: licensee’s atutes, in a. On or about October 18, 2007, Respondent entered a plea of guilty, and on or about January 9, 2008, Respondent was adjudicated guilty, in the United States District Court for the Southern District of Florida, in Case 07-80132 CR, for Misbranding a Drug While Held For Sale in violation of 21 U.S.C. §§.331(k), 333(a)(1), and 352(i)(3). JAPSU\Medical\MarrGX\Cases\Cioffi, Albert 2008-05032\AC.doc a crime, Dec 12 2008 14:16 Dec 12 2008 14:16 P.O? b. Misbranding a Drug While Held For Sale is a crime which relates to Respondent's practice of, or his ability to practice, medicine. 8 Based on the foregoing, Respondent violated Section 456.072(1)\(c), Florida Statutes, by entering a plea of guilty and being adjudicated quilty for a crime which relates to his practice of or his ability to practice as a physician. : 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 or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this7¢ hes * day off OCTOBER , 2008. Ana M. Viamonte Ros, M.D., M.P-H. State Surgeon General i spotng _ k ki ft reg i RES, LT bs Opry OU sis se u Assistant General ¢ounsel | CLER! DOH Prosecution Services Unit DATEL Yet... 4052 Bald Cypress Way, Bin C-65 Tallahassee, Fl. 32399-3265 Florida Bar No.: 131369 (850) 245-4640 Ext. 8136 JAPSU\Medical\MarrGX\Cases\Cioti, Albert 2008-05032\AC.doe 3 | Dec 12 2008 14:16 Dec 12 2008 14:16 P. 08 PCP: October 24, 2008 PCP Members: Dr. El-Bahri, Dr. Thomas, and Ms. Long JAPSU\Medical\MarrGX\Cases\Cioffi, Albert 2008-05032\AC.doc Dec 12 2008 14:16 Dec 12 2008 14:16 P.09 Case Name; Albert R. Cioffi,M.D. Case No, 2008-05032. 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\MarrGX\Cases\Cioffi, Albert 2008-05032\AC.doc

Docket for Case No: 08-006214PL