Aug 20 2009 9:53 dug 20 2009 9:49 ; P.O2 . aa | STATE OF FLORIDA | DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | PETITIONER, | v. CASE NO.: 2008-13384 CECILIO TORRES-RUIZ, M.D. RESPONDENT, DMINISTRATIVE CO COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Cecilio Torres: Ruiz, 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 68851. APSU\Medical\ Edrene\Cases\Torres-Ruiz.ac 2008-13384 : 1 Aug 20 2009 9:54 fug 20 2009 9:50 P.03 3. Respondent’s address of record is 4545 Pleasant Hill Road, Suite 112, Kissimmee, Florida 34759, | 4. On or about July 21, 1995, Respondent was issued an initial license to. practice as a physician in the State of Florida. | 5. Onor about February 1, 2006, Respondent entered into a contract to rent storage space from’ Personal Mini Storage Vine (Personal Storage) at 608 West Vine Street, Kissimmee, Florida 34741, | 6. Respondent stated in the contract that office equipment would be stored in the unit. , | 7. Additionally, one of the terms of the contract specify that “IF RENT AND OTHER CHARGES ARE NOT PAID, OWNER MAY ENFORCE ITS LIEN ON TENANT’S PROPERTY BY SELLING OR OTHERWISE DISPOSING OF THE TENANT'S PERSONAL PROPERTY STORED IN THE SPACE.” 8, The total monthly charge for the storage unit was $195.81, | 9. AS of March 13, 2008, Respondent was. in default on his storage unit rental charge in the amount of $918.06, According to JKPSU\Madical\Edrene\Cases\Torres-Ruiz ac 2008-13384 2 Aug 20 2009 9:54 dug 20 2009 9:50 P. O04 the contract, the. property in the storage space would be advertised for sale or other disposition, if payment was not made in full. | 10. On or about May 19, 2008, the items in the Respondent's storage unit were sold at an auction. ! 11. Kenny Stevens bid and was awarded the contents of the Respondent's Personal Storage unit on or about May 19, 2008. The contents of the unit were listed as “office furniture,” as per the Respondent's statement in the contract. However, Kenny Stevens and his wife, Melody, discovered several boxes in the unit filled with medical records of numerous persons. 12. The Respondent was identified as the physician: in the records. Mr and Mrs. Stevens contacted the Respondent's office to advise him of the storage unit and to speak with the Respondent. They were refused, at least three times, to speak with the Respondent. : 13. Mr and Mrs. Stevens contacted WKMG-TV News (Local 6)’s “Problem Solvers” in an effort to have the Respondent recover the records, JAPSU\Medical\Bdrene\Cases\Torres-Ruiiz.ac 2008-13384 i, 3 Aug 20 2009 9:54 fug 20 2009 9:50 P.O5 14. After “Problem Solvers” made contact with the Respondent, an unidentified man met Mr and Mrs. Stevens at the Respondent's storage unit and paid them $1000.00 to buy back the records Mr. and Mrs. Stevens purchased from the auction, | 15. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set herein. | 16. Section 458.331(1)(nn), Florida Statutes (2007), provides that violating any provision of Chapter 458 or Chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Medicine. 17, The Respondent failed to comply with Rule 64B8- 10,002(2), Florida Administrative Code, by failing to maintain the full and total responsibility for and control of all files and records relating to his patients and his medical practice. , 18. Based on the foregoing, Respondent has Violated Section 458.331(1)(nn), Florida Statutes (2007), by failing to adequately comply with Rule 64B8-10,002(2), Florida Administrative Code. NPSU\Medical\Bdrene\Cases\Torres-Ruiz.ac 2008-13384 4 Aug 20 2009 9:54 fug 20 2009 9:50 P. O06 COUNT II 19. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set herein. | 20. Section 456.072(1)(k), Florida Statutes (2007), provides that failing to perform any statutory or legal obligation placed upon a -_ficensee is grounds for discipline by the Board of Medicine. 21. Section 456.057(8), Florida Statutes (2007), states that “information disclosed to a health care practitioner by a patient in the course of the care and treatment of such patient is confidential and may be disclosed only to other health care practitioners and providers: involved in the care or treatment of the patient, -or if permitted by written authorization from the patient... i 22. Respondent has failed to perform a statutory obligation by failing to conceal patients’ medical information, specifically their medical records, as required by Section 456.057(8), Florida Statutes (2007). J\PSU\Modical\Edrene\Cases\Torres-Ruiz.ac 2008-13384 : 4 Aug 20 2009 9:54 fug 20 2009 9:50 P.O? 23. Based on the foregoing, Respondent | has violated Section 456.072(1)(k), Florida Statutes (2007), by failing to conceal patients’ medical information, specifically their medical records, as required by Section 456.057(8), Florida Statutes (2007). JPSU\Medical\Edrene\Cases\Torres-Ruiz.ac 2008-13384 : 6 Aug 20 2009 9:55 fug 20 2009 9:51 P. 08 WHEREFORE, the 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 jicense, 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 this ve day of June | , 2009. Ana M. Viamonti Ros, M, D.M. PH. State Surgeon General i t By: Edrene A. Johnso unsel | DEPARTMENT OF HEALTH Assistant General el Rate eee DOH-Prosecution Services at oe e048 ‘4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar #0010441 (850) 245-4640/(850)245-4681 f “ 94 PCP: ae “PCP Members: fr lilt Bebe DOH v. Cecilio Torres-Ruiz, M.D., DOH case #2008-13384 APSUANMedical\Edrene\Cases\Torres-Ruiz.ac 2008-33384 7

Docket for Case No: 09-004594PL