Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: JEFFREY ROBERT PERELMAN, M.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Rockledge, Florida
Filed: Apr. 22, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 16, 2009.
Latest Update: Dec. 24, 2024
Apr 22 2009 13:34
Apr 22 2009 12:33 p.0g
STATE OF FLORIDA |
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH, |
PETITIONER,
v. CASE NO. 2008-13844
JEFFREY ROBERT PERELMAN, M.D.,
RESPONDENT,
ee
DMINIS I INT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the
Board of Medicine against Respondent, Jeffrey Robert Perelman, 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 medical doctor within the state of Florida, having been issued
license number ME 51866.
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3, Respondent's address of record is 98 S. Federal Highway, Boca
Raton, Florida 33432. ; |
4. At all times material to this complaint, Respondent was the
Medical Director of The Health and Rejuvenation Center (THRC).
5, The Health and Rejuvenation Center's mailing address and
physical location is Gardens Medical Park, 3345 Burns Road, Suite 204
Palm Beach Gardens, Florida 33410.
6. The Health and Rejuvenation Center operates as an On-Line
. Clinic.’
7. Beginning in or about February 2007, Patient G.D. first
contacted THRC through an internet advertisement. |
8. Patient G.D. spoke with an employee of THRC, Mike Faller, who
informed Patient G.D. that THRC would send a testing company to his
residence to take blood samples for testing and evaluation by THRC's
medical director. Mike Faller named the Respondent as the medical
_ director.
9. Patient G.D. did not speak to or meet with Respondent at that
time or any time thereafter.
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10. On or about May 23, 2007, THRC sent someone to Patient
GDS home to take blood.
11. On or about May 30, 2007, Respondent sent, via fax,
prescriptions to APS Pharmacy: for testosterone and Isotropin for Patient
G.D.
12. ‘Testosterone is a schedule IV drug that is the principal male
sex hormone and an anabolic steroid. It is sometimes used to
loss, loss of bone density, fatigue, and low sex drive,
treat weight
13. Tsotrepin-is-a-brand- name-for-human-growth hormone. Human
growth hormone is normally produced in a person's pituitary gland,
According to the Food and Drug Administration (FDA), human growth
hormone is legal for only two (2) conditions; wasting syndrome of AIDS
and Growth Hormone Deficiency (GHD).
14. There is no documentation indicating that Respondent met with
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Patient G.D. prior to prescribing testosterone for Patient G.D.
15, There is no documentation indicating that Respondent met with
Patient G.D. prior to prescribing Isotropin for Patient G.D.
16. There is no documentation indicating that
conducted a patient evaluation, including history and physical
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y
Respondent
examination
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G.D. testosterone.
17, There is no documentation indicating _ that
P.O5
to establish a diagnosis for the condition for which he prescribed Patient
Respondent
conducted a patient evaluation, including history and physical examination
to establish a diagnosis for the condition for which he prescribed Patient
G.D. Isotropin.
18. There is no documentation that there was 4
between Respondent or his physician assistant and Patient G.D.
discussion
concerning
treatment options and’ the risks and benefits of treatment with
testosterone.
19. There is no documentation that there was a
‘between Respondent or his physician assistant and Patient G.D.
treatment options and the risks and benefits of treatment with
COUNT ONE |
discussion
concerning
Isotropin.
20. Petitioner realleges and incorporates paragraphs one (1)
through nineteen (19) as if fully set forth herein.
21, Section 458.331(1)(t), Florida Statutes (2007),
doctor: to discipline for committing medical malpractice as
subjects a
defined in
Section 456.50. Section 456.50, Florida Statutes (2007), defines medical
)
. t ;
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P. O06
malpractice as the failure to practice medicine in accordance with the level
of care, skill, and treatment recognized in general law related to health
care licensure.
52. Level of care, skill, and treatment recognized in general law
related to health care licensure means the standard of care
Section 766.102. Section 766.102(1), Florida Statutes (2007),
standard of care to mean“... The prevailing professional
specified in
defines the
standard of
care for a given health care provider shall be that level of care, skill, and
treatment-—whieh;—in—light-of -all-relevant_surteunding circumstances, is -
recognized as acceptable and appropriate by reasonably prudent similar
health care providers. .. .”
23. Rule 64B8-9.014, Florida Administrative Code, provides that
prescribing medications based solely on an electronic medical
questionnaire constitutes the failure to practice medicine with
that level of
care, skill, and treatment which is recognized. by reasonably prudent
physician. The Rule further provides that the physician shall
not. provide
treatment recommendations, including issuing a prescription, via electronic
or other means, unless the following elements have been met:
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' 1;
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a) Documented patient evaluation, including history and
physical examination to establish the diagnosis for which any
legend drug is prescribed;
b) Discussion between the physician or the physician
assistant and the patient regarding treatment options and the
risks and benefits of treatment;
c) Maintenance of contemporaneous medical records
meeting the requirements of Rule 64B8-9.003, FA.C.
v= 24, Respondent failed 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, —
in one or more.of the following ways:
a). By failing to conduct or obtain a patient evaluation,
including history and physical examination to establish a
diagnosis for the condition for which he prescribed Patient G.D.
testosterone; or
b) By failing to conduct or obtain a patient evaluation,
including _ history and physical examination to establish a
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diagnosis for the condition for which he prescribed Patient G.D.
Isotropin; or ) | |
c) __ By failing to discuss with Patient G.D. treatment options
and the risks and benefits of treatment prior to. prescribing
testosterone to Patient G.D.; or
d) By failing to discuss with Patient G.D. treatment options
and the risks and benefits of treatment prior to prescribing
. Isotropin to Patient G.D.; or
——-— e} By failing to maintaim-contermperaneous medical records
for his treatment of Patient G.D.
25. Based on the foregoing, Respondent has violated Section
458,331(1)(t), Florida Statutes (2007), and Rule 64B8-9,014, Florida
Administrative Code, 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.
| COUNT TWO
26. Petitioner realleges and incorporates paragraphs one (1)
through nineteen (19) as if fully set forth herein. :
7
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ey e
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27. Section 458.331(1)(q), Florida Statutes (2007), provides that a
physician may be subject to discipline for prescribing, : dispensing,
administering, mixing, or otherwise preparing a legend drug, including any
controlled substance, other than in the course of the physician's
professional practice. For the purposes of this paragraph, it shall be legally
presumed that prescribing, dispensing, administering, mixing or otherwise
preparing legend drugs, including all controlled substances, inappropriately
or in excessive or inappropriate quantities is not in the best interest of the
patient and-is-not -in-the-course- of-the physician's professional practice,
without. regard to his or her intent.
28. Respondent prescribed, dispensed, administered, mixed, or
otherwise prepared a legend drug, including ahy controlled substance,
other than in the course of the physician's professional practice, in one or
more of the following ways:
a) By inappropriately prescribing testosterone, a legend
drug, for Patient G.D. via the internet without conducting or
obtaining a patient evaluation, including history and physical
examination to establish a diagnosis for the condition for which
he prescribed Patient G.D. the medications, or
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b) By failing to discuss with Patient GD. treatment options
and the risks and benefits of treatment prior to prescribing
testosterone to Patient G.D.; or
¢) By inappropriately prescribing Isotropin, a legend drug,
for Patient G. D. via the internet without ‘conducting pr obtaining
a patient evaluation, including history and physical examination
to establish a diagnosis for the condition for which he
prescribed Patient G.D. the medications; or
d) ~By~ failing to—-discuss—with—Patient .G.B:| concerning
treatment options and the risks and benefits of treatment prior
| to prescribing Isotropin to Patient G.D.
29. Based on the foregoing, Respondent veloted Section
458. 3314(1)(a), Florida Statutes (2007), by inappropriately prescribing,
dispensing, administering, mixing, or otherwise preparing a legend drug,
including any controlled substance, other than. in the course of the
physician's professional practice.
COUNT THREE
30. Petitioner realleges and incorporates paragraphs one (1)
through nineteen (19) as if fully set forth herein.
i :
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31. Section 458.331(1)(nn), Florida Statutes (2007), provides that
a physician may be subjected to discipline for violating any provision of
chapter 458 or chapter 456, or any rules adopted pursuant thereto.
32. The Respondent failed to comply with Rule 64B8-9.014, Florida
Administrative Code, in one or more of the following ways:
a) By failing to conduct or obtain. a patient evaluation,
indluding history and physical examination to establish a
diagnosis for the condition for which he prescribed Patient G.D.
~ testosterone;or =~
b) By failing to conduct or obtain a patient evaluation,
‘including history and physical examination to establish a
diagnosis for the condition for which he prescribed Patient G.D.
Isotropin; or
c) By failing to discuss with Patient G.D. treatment options
and the risks -and benefits of treatment prior to prescribing
testosterone to Patient G.D.; or
d) By failing to discuss with Patient G.D. treatment options
and the risks and benefits of treatment prior to prescribing
tsotropin to Patient G.D.; or
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e) By failing to maintain contemporaneous medical records
for his treatment of Patient G.D.
33. Based on the foregoing, Respondent has violated Section
458.331(1)(nn), Florida Statutes (2007), by violating any provision of
chapter 458 or chapter 456, or any rules adopted pursuant thereto by
violating Rule 64B8-9.014, Florida Administrative Code.
COUNT FOUR
34. Petitioner realleges and incorporates: paragraphs one (1)
through nineteen-(19)-as if fully set forth herein:
35. Section 458.331(1)(m), Florida Statutes (2007), provides that a |
physician’ may be subject to discipline for failing to keep legible medical
records that justify the course of treatment. of the patient, i
neluding but
not. limited to, patient histories; examination results; test results; records
of drugs prescribed, dispensed, of administered; and
consultations and hospitalizations.
reports of
36. Respondent failed to keep legible, as defined by department
rule in consultation with the board, medical records that
licensed physician or the physician extender and supervising
identify the
physician by
name and professional title who is or are responsible for rendering,
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ordering, supervising, or billing for each diagnostic or treatment procedure
| and that justify the course of treatment of the patient, in one or more of
the following ways: ,
a) By failing to maintain contemporaneous medical records
of Patient G.D., meeting the requirements of Rule 64B8-9,003,
Florida Administrative Code; or
b) By failing to maintain medical records documenting a
"patient evaluation, including history and physical examination to
establish a diagnosis for the condition for which he prescribed
Patient G.D. testosterone, or
oO By failing to maintain medical: records documenting a
patient evaluation, including history and physical examination to
establish a diagnosis for the condition: for which he prescribed
Patient G.D. Isotropin.
37, Based on the foregoing, Respondent violated Section
458.331(1)(m), Florida Statutes (2007), by failing to: keep legible, as
defined by department rule in consultation with the board, medical records
that identify. the licensed physician or the physician extender and
supervising physician by name and professional title who is or are
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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.
WHEREFORE, the Petitioner respectfully requests that the Board of
Medicine enter an order imposing one or more of the following penalties:
restriction of the Respondent's practice, imposition of an administrative
fine, issuance of a reprimand, corrective action and/or any other relief that
the Board deems appropriate.
SIGNED this - /9_ day of fl tcl foes, 2008.
Ana M, Viamonte Ros, M.D., M.P.H
FILED
PEASY Ci aR be. State Surgeon ¢ General
CLERK: aa
ATE (woot ¥
Shirley L. Bates:
Assistant enetal Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, a C-65
Tallahassee, FL 32399-326
Florida Bar # 0946311
(850) 245- -4640
(850) 245- 4681 FAX
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SLB/bs
PCP: 12/19/08
PCP Members: El-Bahri & Patrowics
DOH v. Jeffrey Robert Perelman, M.D., case No. 2008-13844
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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.
Docket for Case No: 09-002147PL
Issue Date |
Proceedings |
Jun. 16, 2009 |
Order Closing File. CASE CLOSED.
|
Jun. 15, 2009 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 11, 2009 |
Order Granting Extension of Time to Respond to Petitioner`s Discovery.
|
Jun. 09, 2009 |
Unopposed Motion for Additional Extension of Time To Respond to Petitioner's Discovery filed.
|
May 26, 2009 |
Order Granting Extension of Time to Respond to Petitioner`s Discovery.
|
May 22, 2009 |
Unopposed Motion for Extension of Time to Respond to Petitioner's Discovery filed.
|
May 12, 2009 |
Order of Pre-hearing Instructions.
|
May 12, 2009 |
Notice of Hearing (hearing set for July 21 through 23, 2009; 9:00 a.m.; Rockledge, FL).
|
May 11, 2009 |
Notice of Appearance of Co-counsel (of D. Kiesling) filed.
|
Apr. 30, 2009 |
Joint Response to Initial Order filed.
|
Apr. 23, 2009 |
Notice of Serving Petitioner`s First Request for Production, First Request for Interrogatories and First Request for Admissions to Respondent filed.
|
Apr. 22, 2009 |
Notice of Appearance (filed by S. Bates).
|
Apr. 22, 2009 |
Election of Rights filed.
|
Apr. 22, 2009 |
Administrative Complaint filed.
|
Apr. 22, 2009 |
Agency referral
|
Apr. 22, 2009 |
Initial Order.
|