STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vo CASE NO. 2005-53174 HUGO DE AYALA, M.D., __- RESPONDENT, ne IN E COM IN COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Anthony J. Pelicane, Jt, M.D,, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the Practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20, 43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care | Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is and has been at all times material hereto a licensed Physician in the state of Florida, having been issued license number ME 48449, Respondent's last known address is 12028 NW 49" Drive, Coral Springs, FL 33076. 90d 659. 6008 66 unr eco:9T 600¢ @é Unt 3. | Percocet contains oxycodone hydrochloride, a semi-synthetic narcotic analgesic, which isa Schedule II controlled substance under Chapter 893, Florida Statutes, Percocet is indicated for relief of moderate to moderately severe pain. It has a high Potent for abuse and has a currently accepted, but limited, medical use in treatment in the United States, and abuse of the substance may lead to severe physical and para dependence, 4, Oxycontin Ss a semi-synthetic opiate that ‘contains oxycodone. hydrochloride, @ Schedule II controlled substance defined in Chapter 893, Florida Statutes, which is indicated for the relief of moderate to severe pain. Oxycontin has a high potential for abuse ‘and has a Currently accepted, but limited, medical use in treatment in the United States. Abuse of this substance may lead to severe physical and psychological dependence. 5. | Xanax (alprazolam) is a Schedule TV controtied substance, pursuant to Chapter e83 Florida Statutes, Alprazolam is Indicated for the management of anxlety, It may be habit forming and can ead to psychological and physical dependence. Vicodin, which contains five milligrams of hydrocodone bitartrate and five-hundred milligrams of acetaminophen, is a Schedule IT controlled substance, pursuant to Chapter 893, Florida Statutes. Hydrocodone is indicated for the management of moderate to moderately severe pain. fO‘d 659. 6008 66 unr co:gT 600¢ Ze Unt | atient M.K. 6, | On: or about August 10, 2001, Patient M.K, presented to Respondent complaining of pain in regions of the back, knees and hands. iA , During the period on or about August 10, 2001 through November 17, 2005, Respondent prescribed Oxycontin, Hydrocodone and Zanax (Alprazolam) without meintaning medical records justifying the prescription and/or dosage to Patient M.K, 8 | The Resporident’s evaluations do not address the physical examination findings and appropriate imaging and ancillary studies were not included in the records provided. 9. i | 1 { The: Respondent's medical records and documentation were inadequate and did not indicate appropriate referrals were obtained, The documentation did not support the extent and quantity of medications prescribed to Patient M. Ke 10, The Respondent's assessment of Patient M.K. did not include a complete history and aoe examination. Patient 11. | On or about July 23, 2001, 2001 Patient $.D. presented to Respondent complaining of pain in the right hand, back and anxiety, 12, On or about July 23, 2001 through August 22, 2005 the Respondent prescribed Oeeont, Percocet and Zanax (Alprazolarn) without maintaining medical records jsthing the prescrintion and/or dosage to Patient $.D. 80 ‘d 65°9_ 6008 66 unr co:gT 600¢ Ze Unt { | fo 13. | The Respondent’s evaluations do not address the physical examination findings and appropriate imaging and ancillary studies were not included in the records . provided, 14. | The: Respondent's medical records and documentation were inadequate and did not Indicate appropriate referrals were obtained. The documentation did not support the extent and quantity of medications prescribed to Patient 5.D. 15. The Respondent's assessment of Patient S.D. did not include a complete history and psa examination. COUNT ONE 16. _ Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if fully “ forth: herein this Count One. 7 " Respondent failed to keep medical records that justify the course of treatment ofthe patients, in that Respondent failed to adequately maintain medical records for that justify the course of treatment of Patient M.K., including but not limited to, Patient Nstores; examination results; test results, records of drugs prescribed, dispensed, oF administered; and reports of consultations and hospitalizations. ' 18, Based on the foregoing, Respondent violated Section 458, 331(1)(m), Florida Statutes (2005), 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 tite 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, 60 ‘d OO°9_ 6008 ée unr SO:9T 600¢ Ze Unt fo om | os Dut not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations | COUNT TWO 19, | Petitioner realleges and Incorporates Paragraphs one (1) through ten (10) . as if fully * forth herein this Count Two. 20. Respondent: prescribed, dispensed, administered, mixed, or otherwise prepared a! legend drug, including any controlled substance, other than in the course of the physician's professional practice, In that Respondent prescribed Oxycontin, Hydrocodone and Zanax inappropriately and excessively, without indicating their justification, to patient M. K. 21, | Based on the foregoing, Respondent violated Section 458,331(1)(q), Florida Statites(2005), by prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of | the physicians professional practice. For the Purposes of this paragraph; it shall be legally rene that prescribing, dispensing, administering, mixing, or otherwise preparing a "legend drug, including all controlled Substances, inappropriately or ‘in excessive or inappropriate quantities i is not in the best interest of the patient and not in the course of the physician’s professional practice, without regard to his intent. 22. : Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein this Count Three. Ol‘d OO°9_ 6008 ée unr So:97T 600¢ @2 Unt an 4 7 23. | 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: that Respondent falled to acceptably examine, diagnose and/or treat Patient S.D. during the period of August 10, 2001 through November 17, 2005,, by repeatedly prescribing Oxycontin, Percocet and Zanax (Alprazolam) to the patient without justification outlined In the medical records, . | Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2005), by failing to practice medicine with that level of care, skill, and treatment vic is recognized by a reasonably prudent similar physician. as ‘being .. acceptable under similar conditions and tircumstances. | COUNT FOUR 25, Petione realleges and incorporates paragraphs one (1) through five (5) and ten (11 through fifteen (15), as If fully set forth herein this Count Four. 26. “Respondent failed to keep medical records that justify the course of treatment ofthe patients, in that Respondent failed to adequately Maintain medical records for that justify the course of treatment of Patient S.D., Including but not limited to, Patient histories; examination results; test results, records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 27. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2005), 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 Lhd OO°9_ 6008 @6 unr So:97T 600¢ @2 Unt | as 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 ) 28, Petitioner realleges and incorporates paragraphs one (1) through five (5) and ten ay through fifteen (15), as if fully set forth hereln this Count Five, 29. | Respondent: prescribed, dispensed, administered, mixed, or otherwise prepared a legend drug, including any controlled substance, other than In the course of the physician's professional practice, in that Respondent prescribed Oxycontin, Percocet and Xanax | {appropriately and excessively, without, indicating . their justification, to Patient SD. . 30, | Based on the foregoing, Respondent violated Section 458, .331(1(9), Florida Statute (2005), by 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 Préparing a legend drug, including all controlled substances, inappropriately or in excessive or Inappropriate quantities is‘not in the best interest of the patient and not in the course ofthe Physician’s professional practice, without regard to his intent. ék‘d LO‘St = 600@ @e une So:97T 600¢ @2 Unt COUNT SIX 31, Petitioner realleges and incorporates paragraphs one (1) through five (5) and ten (14) through fifteen (15), as if fully set forth herein this Count Six.: 32. Respondent failed to practice medicine with that level of care, skill, and i treatment which is recognized by @ reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that Respondent failed to: acceptably examine diagnose and/or treat Patient $.D. during the period of July 23, | 2001 through August 22, 2005, by repeatedly prescribing Oxycontin, Percocet and Xanax to be without justification outlined in the medical records, 33, | Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2005), 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. WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order mmeosna one or more of the following penalties: permanent revocation. or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, Issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution df this case as provided for in Section 456.072(4), Florida Statutes, and/or Bb 'd LO‘St = 600@ @e une POST 6800¢e Ze Unt any other relief that the Board deems appropriate, SIGNED this 24 day of Auge [al , 2006. | M. Rony Francois, M.D.,. M.S: PH,, Ph.D. Secretary, Department of Health Warren James Pearson Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 bare a gow Tallahassee, FL 32399-3265 ' Florida Bar No.: 0711578 (850) 245-4640 (850) 245-4681 Facsimile DERA vENT OF HEALTH PCP: August 25, 2006. PCP Members: #1 -Bahri, Vijayanagra,’ Dyches tl od LO‘SL = 600@ ee unr POST 6800¢e Ze Unt _ 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. Gl ‘d LO‘SL = 600@ ee unr FoO:9T 600 @2 UNC

Docket for Case No: 09-003438PL