Oct 6 2009 14:15 Oct 6 2009 14:10 STATE OF FLORIDA _ P. O04 DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2007-38876 MANUEL A. MARTINEZ, M.D., RESPONDENT. COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Manuel A. Martinez, 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. Atall times material to this Complaint, Respondent is a licensed physician within the state of. Florida, having been issued license number ME 74062. , JAPSU\Medicali christopher torres|\cases|Martine2-07-38876\AC &) Viol af fo.doc -_ po A-O Oct 6 6 2009 14:15 2009 14:10 POG 3.. _Respondent’s address of record is 4405 Sunburst menue, North Port, Florida 34286, 4, Respondent is board certified by the American Board of Internal Medicine. ' I | 5. Pursuant to a Final Order of the Board of Medicine number DOH-06-1610 in DOH Case Number 2003-19431] filed on August 31, 2006, Respondent was required to complete fifty (50) hours of community service _ and the: following continuing medical education COUrSES: | Florida Medical Association Laws and Rules Course; the University of Florida course, “Protecting Your Medical Practice, Clinical, Legal and Ethical Issues in Prescribing Abusable Drugs;” and the Florida Medical Assocation course, “Quality Medical Record Keeping for Health Care Professionals,” within one (1) year of the date of the filing of the final order! 6. On or about September 30, 2007, : | Respondent submitted a ~ written extension request. The request was Henied by the | Probation Committee Chair pending submission of a detailed explanation of non- compliance. A. Jetter advising Respondent of Respondent's address of record on or about December 10, 2007, . J:\PSU\Medical\ christopher torres\cases\Martinez-07-3B876\AC {x) Viol of fo,doc this denial was sent to t i } Oct 6 7. Respondent has not submitted a non-compliance or responded to the December him he was in non-compliance of the Final Order. 8. 6 2009 14:15 2009 14:10 P. 06 detailed explanation of | 24, 2007, letter notifying i i Section 458. 331(1)(x), Florida Statutes (2006), states that violating a lawful order of the board or departmeht previously entered ina disciplinary hearing constitutes grounds for discipji of Medicine, 9.. Respondent violated a lawful order of by failing to complete fifty (50) hours of com following continuing medical education courses: F Laws and Rules Course; the University of Florida nary action by the Board the Board or Departmen munity service and the orida Medical Association | course, “Protecting Your Medical Practice, Clinical, Legal and Ethical Issues in Prescribing Abusable Drugs,” and the Florida Medical Association course, “Quality Mecca Keeping for Health Care Professionals” as ordered Case Number 2003-19431, within one (1) year of the final order, | 10. 458.331(1)(x), Florida Statutes (2006), by violatin board or Cepartment previously entered in a discipli J:\PSU\Medical\christopher torres\cases\Martinez-07-38876\AC (x) viol of fo.doc | Record by the final order | in DOH the date of the filing of Based on the foregoing, Respondent has violated Section ig a lawful: order of the inary hearing. ; ! 3 Oct 6 2009 14:15 Oct 6 2009 14:10 P.O? WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the folowing 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 this OT day of Chae = | _, 2008, Assistant General Counsel ’ DOH Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 GLERK Jed. Sh Tallahassee, FL 32399-3265 asia) ( Florida Bar| Number 0479209 (850) 245-4640, Ext, 8135 PHONE (850) 245-4681 FAX CCT/tgce PCP; June 27, 2008 PCP Members: — El-Bahri, Thomas, & Long MANUEL A. MARTINEZ, M.D, CASE NO. 2007-38876 1:\PSU\Madical\christopher torres\cases\Martinez-07-38876\AC (X) viol of foidoc Oct 6 2009 14:16 Oct & 2009 14:11 P.O8 i MANUEL A. MARTINEZ, M.D, CASE NO, 2007-38876 | NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section |120.569° an 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. 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. J:\PSU\Medical\christopher torves\cases|Martines-07-38876\AC {) viol of fo.doc 5

Docket for Case No: 09-005458PL