Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: MICHAEL R. SHOOK, M.D.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Fort Lauderdale, Florida
Filed: Apr. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 27, 2010.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv.
CASE NO.: 2009-11459
MICHAEL R. SHOOK, M.D.,
RESPONDENT. .
eC
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the
Board of Medicine against Respondent, Michael R. Shook, M.D., and in
support this 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
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number ME 50883 and Respondent was also Board Certified in Internal
Medicine,
3. Respondent's address of record is 2764 West Oakland Park
Blvd. Oakland Park Florida 33311.
4, At all times material hereto, between May, 2008 and
September, 2009, Respondent while practicing medicine in the State of
Fiorida treated three (3) patients for chronic pain management. These
patients are referred to by their initials as ST, JS, and TH.
: FACTS SPECIFIC TO PATIENT ST
5. on or about July 24, 2008, ST presented to Respondent with
complaints of knee pain. Respondent there and then prescribed 240
tablets of oxycodone 30 milligrams (“mg”) for ST based solely on the
verbal patient history that ST related to Respondent concerning his current
pain management regimen. Respondent did not have the benefit of any of
ST's prior medical records and Respondent did not verify through
diagnostic testing whether the alleged prescription medications were
present, nor did Respondent exclude the presence of other drugs in. ST’s
system.
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6. Oxycodone is commonly prescribed to treat pain. According to
section 893,03(2), Florida Statutes, oxycodone is a Schedule II controlled
substance that has a high potential for abuse and has a currently accepted
but severely restricted medical use in treatment in the United States, and
abuse of oxycodone may lead to severe psychological or physical
dependence.
7. On or about August 21, 2008, Respondent prescribed 240
tablets of methadone 10 mg for ST,
8. “Methadone is prescribed to treat pain. According to Section
893.03(2), Florida Statutes, methadone is a Schedule II controlled
substance that has a high potential for abuse and has a currently accepted
but severely restricted medical use in treatment in the United States, and
abuse of methadone may lead to severe psychological or physical
dependence.
9. Respondent continued to provide multiple prescriptions for
large amounts of oxycodone and methadone to ST as outlined in the
following table:
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Date of Medication Type of Quantity
Prescription Prescribed Medication
7/24/08 Oxycodone 30 mg | Schedule II 240
tablets analgesic
8/21/08 Oxycodone 30 mg | Schedule II 240
tablets analgesic
8/21/08 Methadone 10 mg | Schedule II 240
tablets analgesic
- 10/21/08 Oxycodone 30 mg | Schedule II 240.
tablets analgesic
10/21/08 Methadone 10 mg | Schedule II 180
tablets analgesic
11/13/08 | Methadone 10mg | Schedule Ii 180
tablets analgesic
| 12/15/08 | Oxycodone 30mg | Schedule Ii 240
tablets analgesic
| 1/13/09 7 Methadone 10 mg | Schedule II 240
tablets analgesic
1/13/08 | Oxycodone 30 mg | Schedule II 240
tablets analgesic
2/10/09 Methadone 10 mg | Schedule II 240
tablets analgesic
_———- ———
3/9/09 Oxycodone 30 mg | Schedule II 240
tablets analgesic
"4/9709 | Oxycodone 30 mg | Schedule TI 240
tablets analgesic
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Date of Medication Type of Quantity
Prescription Prescribed Medication
4/9/09 Methadone 10 mg | Schedule II 240
tablets analgesic
5/7/09 Methadone 10 mg | Schedule II 240
tablets analgesic
6/8/09 | Oxycodone 30mg | Schedule II 240
tablets analgesic
7/6/09 ~ | Oxycodone 30mg | Schedule II 240
tablets analgesic
7/6/09 Methadone 10 mg | Schedule IT 240
tablets analgesic
8/4/09 Methadone 10 mg | Schedule II 240
: tablets analgesic
9/1/09 Oxycodone 30mg | Schedule I 240
tablets analgesic
9/21/09 | Methadone 10 mg | Schedule II 240
tablets analgesic
9/21/09 Oxycodone 30 mg | Schedule II 240
tablets analgesic
10. Between approximately July 24, 2008, and September 21,
2009, while Respondent prescribed these controlled substances in very
high dosages to ST, Respondent's medical records fail to show in his
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evaluation of the patient and in his treatment plan one or more of the
following:
a) A complete medical history and physical examination that
was conducted and documented in the medical record;
b) Documentation of the nature and intensity of the pain,
current and past treatments for pain, underlying or coexisting
diseases or conditions, the effect of the pain on physical and
psychological function, and/or history of substance abuse;
c) The presence of one or more recognized medical
indications for the use of a controlled substance;
d) A written treatment plan with stated objectives: that
would be used to determine treatment success, such as pain relief
and improved physical and psychosocial function, and/or failed to
indicate if any further diagnostic evaluations or treatments were
planned;
e) After treatment began, why Respondent adjusted drug
therapy to the medical needs of the patient:
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f) ~~ Other treatment modalities or a rehabilitation program
depending on the etiology of the pain and the extent to which the
pain is associated with physical and/or psychosocial impairment;
Gg) . Verification from ST's previous physicians whether his
treatment was terminated for substance abuse/diversion;
: h) Diagnostic testing for illicit drug use diversion of opioids.
, FACTS SPECIFIC TO PATIENT JS
11. On or about August 11, 2008, JS presented to Respondent with
complaints of neck and back pain, Respondent there and then prescribed
135 tablets of oxycodone 30 milligrams for JS; based solely on the verbal
patient history that JS related to Respondent concerning his current pain
management regimen. Respondent did not have the benefit of any of JS’s
prior medical records and Respondent did not verify through diagnostic
testing whether the alleged prescription medications were present, nor did
Respondent exclude the presence of other drugs.
12. On September 9, 2008, Respondent prescribed to JS 30 tablets
of Xanax 2 mg.
13, Xanax (alprazolam) is an anti-anxiety agent benzodiazepine,
used primarily for short-term relief of mild to moderate anxiety and
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nervous tension and is a schedule IV legend drug controlled pursuant to
Chapter 393.03, Florida Statutes, and has a low potential for abuse which
may lead to limited physical or psychological dependence and has a
currently accepted medical use in treatment in the United States.
14. Between approximately August 11, 2008, and June 30, 2009,
Respondent issued the following prescriptions for oxycodone, Methadone
and Xanax to patient JS on the dates and in the amounts specified below:
Date of Medication Type of Quantity
Prescription Prescribed Medication
8/11/08 | Oxycodone 30 mg | Schedule Il 135
tablets analgesic
9/9/08 Xanax 2 mg tablets | Schedule IV 30
: anti-anxiety
9/9/08 | Oxycodone 30mg | Schedule II 270
tablets analgesic
10/7/08 Xanax 2 mg tablets | Schedule IV 90
10/7/08 Methadone 10 mg | Schedule II 270
tablets analgesic
11/4/08 Oxycodone 30 mg ; Schedule II 270
tablets analgesic
11/4/08 Xanax 2 mg tablets | Schedule IV 90
anti-anxiety
12/2/08 Methadone 10 mg | Schedule II 240
tablets analgesic
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Date of Medication Type of Quantity
Prescription Prescribed Medication
12/2/08 Oxycodone 30 mg | Schedule II 240
tablets analgesic
12/30/08 Xanax 2 mg tablets | Schedule IV 90
anti-anxiety .
12/30/08 Methadone 10 mg | Schedule Ti 240
: tablets analgesic
1/27/09 Oxycodone 30 mg | Schedule II 210
tablets analgesic
1/27/09 Xanax 2 mg tablets | Schedule IV 90
anti-anxiety
2/24/09 | Methadone 10 mg | Schedule Ti 240
. tablets analgesic .
3/24/09 | Oxycodone 30mg | Schedule Ti 240.2
. tablets anaigesic
4/6/09 Xanax 2 mg tablets | Schedule IV 90
anti-anxie
4/6/09 Methadone 10 mg | Schedule II 240
tablets analgesic
5/5/09 Oxycodone 30 mg | Schedule I! 240
tablets analgesic
5/5/09 Xanax 2 mg tablets | Schedule IV 90
anti-anxiety
6/2/09 Methadone 10 mg | Schedule IT 240
} tablets analgesic
e—V—_—_—_—————— ——$————————|
6/2/09 Oxycodone 30 mg | Schedule II 240
tablets analgesic
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Date of Medication Type of Quantity
Prescription Prescribed Medication
6/2/09 Xanax 2 mg tablets | Schedule IV 90
anti-anxiety
6/30/09 Methadone 10 mg | Schedule IT 240 |
tablets analgesic
6/30/09 Oxycodone 30 mg | Schedule II 240
tablets analgesic
6/30/09 Xanax 2 mg tablets | Schedule IV 90
anti-anxiety
15. Between approximately August 11, 2008, and June 30, 2009,
while Respondent prescribed these controlled substances in very ‘high
dosages to JS, Respondent's medical records fail to show in his evaluation
of the patient and in his treatment plan one or more of the following:
a) A complete medical history and physical examination that
was conducted and documented in the medical record;
b) — Documentation of the nature and intensity of the pain,
current and past treatments for pain, underlying or coexisting
diseases or conditions, the effect of the pain on physical and
psychological function, and/or history of substance abuse;
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¢) The presence of one or more recognized medical
indications for the use of a controlled substance;
d) A-written treatment plan with stated objectives that
would be used to determine treatment success, such as pain relief
and improved physical and psychosocial function, and/or failed to
indicate if any further diagnostic evaluations or treatments were
planned;
e) After treatment began, why Respondent adjusted drug
therapy to the medical needs of the patient;
f) Other treatment modalities or a rehabilitation program
depending on the etiology of the pain and the extent to which the
pain is associated with physical and psychosocial impairment;
9) Verification from ST’s previous physicians whether his
treatment was terminated for substance abuse/diversion;
h) Diagnostic testing for illicit drug use/diversion of Opioids,
FACTS SPECIFIC TO PATIENT TH
16. On or about July 8, 2008, TH presented to Respondent with
complaints of neck and back pain. Respondent there and then prescribed
180 tablets of oxycodone 30 milligram for TH; based solely on the verbal
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patient history that TH related to Respondent concerning his current pain
management regimen. Respondent did not have the benefit of any of TH’s
prior medical records and Respondent did not verify through diagnostic
testing whether the alleged prescription medications were present and did
not exclude the presence of other drugs.
17, On or about September 4, 2008 Respondent prescribed to TH
90 tablets of Soma 350 mg.
18. Soma (muscle relaxant, Schedule IV) is the brand name for
carisoprodol, a muscle relaxant commonly prescribed to treat muscular
pain, According to Section 893.03(4), Florida Statutes, carisoprodol is a
Schedule IV controlled substance that has a low potential for abuse relative
to the substances in Schedule III and has a currently accepted medical use
in treatment in the United States, and abuse of carisoprodo! may lead to
limited physical or psychological dependence relative to the substances in
Schedule ITI,
19. Between approximately July 8, 2008, and August 27, 2009,
Respondent prescribed oxycodone, Methadone, Xanax and Soma to TH on
the dates and in the amounts specified below:
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on
Date of Medication Type of Quantity
Prescription Prescribed Medication
7/8/08 Oxycodone 30 mg | Schedule II 180
tablets analgesic
8/5/08 Methadone 10 mg | Schedule II 180
tablets analgesic
8/5/08 Xanax 2 mg tablets | Schedule IV 30
anti-anxiety
ee a —-
8/5/08 Oxycodone 30 mg | Schedule II 270
tablets analgesic
9/4/08 Methadone 10 mg | Schedule II 240
tablets analgesic
9/4/08 Xanax 2 mg tablets | Schedule IV 90
anti-anxiety
9/4/08 Soma 350 mg Schedule IV 90
tablets . muscle
relaxant
10/6/08 Oxycodone 30 mg | Schedule II 270
tablets analgesic
10/6/08 Methadone 10 mg | Schedule II 270
tablets analgesic
10/6/08 Xanax 2 mg tablets | Schedule IV 120
anti-anxiety
11/4/08 Soma 350 mg Schedule IV 120
. tablets muscle
. relaxant
11/4/08 Oxycodone 30 mg | Schedule II 270
: tablets analgesic
11/4/08 Methadone 10 mg | Schedule IT 300
tablets analgesic
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Date of Medication Type of Quantity
Prescription Prescribed Medication
12/2/08 | Xanax 2 mg tablets , Schedule IV 120
, anti-anxiety
12/2/08 Soma 350 mg Schedule IV 120
tablets muscle
relaxant
12/29/08 — Oxycodone 30mg | Schedule II 240
tablets analgesic
12/29/08 | Methadone 10mg | Schedule II 240
analgesic .
12/29/08 Xanax 2 mg tablets | Schedule IV 120
; anti-anxiety
; 1/27/09 Soma 350mg | Schedule IV 120
tablets muscle
relaxant
1/27/09 | Oxycodone 30 mg | Schedule 240
tablets analgesic
| 1/27/09 | Oxycodone 30 mg | Schedule II 240
: tablets analgesic
1/27/09 Methadone 10 mg | Schedule II 240
tablets analgesic
| 2/24/09 | Xanax 2 mg tablets | Schedule iv 150
anti-anxiety
2/24/09 Soma 350 mg Schedule IV 120
tablets muscle
relaxant
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Date of Medication Type of Quantity
Prescription Prescribed Medication
4/6/09 Oxycodone 30 mg | Schedule IT 200
. tablets analgesic
4/6/09 Methadone 10 mg | Schedule II 240
| tablets analgesic
4/6/09 Xanax 2 mg tablets; Schedule IV 150
anti-anxiety
5/4/09 Soma 350 mg Schedule IV 120
tablets muscle
relaxant
5/4/09 Oxycodone 30 mg | Schedule II 240
tablets analgesic
6/2/09 Oxycodone 30 mg | Schedule IT 240
tablets analgesic
6/2/09 Xanax 2 mg tablets | Schedule IV 150
anti-anxiety
6/2/09 Soma 350mg | Schedule IV 120
tablets muscle
relaxant
6/29/09 Oxycodone 30 mg | Schedule II 210
tablets analgesic
6/29/09 Methadone 10 mg | Schedule II 240
tablets analgesic
7/28/09 Xanax 2 mg tablets | Schedule IV 150
anti-anxiety
os
Date of Medication Type of Quantity
Prescription Prescribed Medication
7/28/09 Soma 350mg | Schedule iV 120
' tablets muscle
relaxant
7/28/09 Oxycodone 30 mg | Schedule II 210
tablets analgesic
8/27/09 Methadone 10 mg | Schedule II 240
tablets analoesic
8/27/09 | Xanax 2 mg tablets| Schedule IV 150
anti-anxiety
|
8/27/09 Soma 350mg | Schedule IV 120
tablets muscle
relaxant
8/27/09 Oxycodone 30 mg | Schedule II 240
tablets analgesic
—
20, Between approximately July 8, 2008, and August 27, 2009,
while Respondent prescribed these controlled substances in very high
dosages to TH, Respondent's medical records fail to show in his evaluation
of the patient and in his treatment plan one or more of the following:
a) A complete medical history and physical examination that
was conducted and documented in the medical record;
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b) Documentation of the nature and intensity of the pain,
current and past treatments for pain, underlying or coexisting
diseases or conditions, the effect of the pain on physical .and
psychological function, and/or history of substance abuse;
o) The presence of one or more recognized medical
indications for the use of a controlled substance;
4) A written treatment plan with stated objectives that
would be used to determine treatment success, such as pain relief
and improved physical and psychosocial function, and/or failed to
indicate if any further diagnostic evaluations or treatments were
planned:
e) After treatment began, why Respondent adjusted drug
therapy to. the medical needs of the patient;
f) Other treatment modalities or a rehabilitation program
depending on the etiology of the pain and the extent to which the
pain s associated with physical and/or psychosocial impairment;
9) Verification fromn ST’s previous physicians whether his
treatment was terminated for substance abuse/diversion:
h) Diagnostic testing for illicit drug use/diversion of opioids.
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COUNT ONE
21. Petitioner reincorporates and realleges paragraphs 1 through
20 as if fully set forth herein.
22. Section 458.331(1)(nn), Florida Statutes (2007, 2008 and
2009), provides that violating any provision of chapters 456 or 458, Florida
Statutes (2007, 2008 and 2009), or any rules adopted pursuant thereto, is
grounds for discipline by the Board of Medicine.
23. Rule 64B8-9.013(3), Florida Administrative Code, provides as
foliows: | |
The Board has adopted the following standards for the use of
controlled substances for pain control:
(a) Evaluation of the Patient. A complete medical history and
physical examination must be conducted and documented in
the medical record. The medical record should document the
nature and intensity of the pain, current and past:treatments
for pain, underlying or coexisting diseases or conditions, the
effect of the pain on physical and psychological function, and
history of substance abuse. The medical record also should
document the presence of one or more recognized medical
indications for the use of a controlled substance.
(b) Treatment Plan. The written treatment plan should state
objectives that will be used to determine treatment success,
such as pain relief and improved physical and psychosocial
function, and should indicate if any further diagnostic
evaluations or other treatments are planned. After treatment
begins, the physician should adjust drug therapy to the
individual medical needs of each patient. Other treatment
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modalities or a rehabilitation program may be necessary
depending on the etiology of the pain and the extent to which
the pain is associated with physical and psychosocial
impairment.
24, On or near the dates listed in paragraphs 9, 14 and 19, above,
Respondent Violated Rule 6488-9.013(3), Florida Administrative Code, by
prescribing Oxycodone, Methadone and Soma in the quantities described
therein, without conducting or documenting complete medical histories or
physical examinations on Patients ST, JS and TH and without documenting
one or more of the following: the nature and intensity of the patient’s pain;
current and past treatments for pain; underlying or coexisting diseases or
conditions; the effect of the pain on physical and/or psychological function
or history of substance abuse; the presence of one or more recognized
medical indications for the use of a controlled substance; and without
documenting written treatment plans that state objectives that would be
used to determine treatment success or indicate if any furthis diagnostic
evaluations or other treatments are planned.
25. Based on the foregoing, Respondent has: violated Section
458.331(1) (nn), Florida Statutes (2007, 2008 and 2009), by violating Rule
64B8-9.013(3), Florida Administrative Code.
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COUNT TWO
26. : Petitioner reincorporates and realleges paragraphs 1 through
20 as if fully set forth herein.
27, | Chapter 64B8-9.013(3), Florida Administrative Code, as more
particularly set forth in paragraph 23 herein of is adopted and realleged as
if fully set forth.
28, | Section 458,331(1)(t), Florida Statutes (2007, 2008 and 2009),
provides that the gross or repeated malpractice or the failure 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 is grounds for discipline by the Board of
Medicine. i
29. | Respondent failed to practice medicine with that level of care,
skill and treatment which is recognized by a reasonably prudent similar
physician bs being acceptable under similar conditions and circumstances
in treating Patient ST, in one or more of the following ways:
! 4) ~ By failing to show in the medical record justification for
prescribing oxycodone 30 mg tablets 8 per day;
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b) By failing to show in the medical records justification for
prescribing Methadone in the high doses prescribed:
c) By failing to order diagnostic testing in view of the high
dosages of opioids prescribed;
4) By violating the standards for the use of controlled
substances for pain control provided by the Board of Medicine in Rule
64B8-9.013(3), Florida Administrative Code;
e) By failing to rule out other treatment modalities for the
management of pain;
f) By prescribing excessive and or inappropriate quantities
of controlled substances.
30, 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 the treatment of patient JS in one or more of the following ways:
a) By violating the standards for the use of controlled
substances for pain control provided by the Board of Medicine in Rule
64B8-9.013(3), Florida Administrative Code:
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b) By failing to show in the medical record on September 9,
2008, the justification for doubling the dose of Oxycodone 30 mg
from the previous month;
¢) — By failing to show in the medical record on October 7,
2008, the justification for tripling the prescribed dose of Xanax 2 mg
tablets to 3-times-a-day from the previous month;
d) By failing to show in the medical record on September 9,
2008, the justification for prescribing an initial dosage of Methadone
at 8 tablets per day;
) By failing to order diagnostic testing in view of the high
dosages of opioids prescribed:
A By failing to rule out other treatment modalities for the
management of pain;
g) — By prescribing inappropriate and or excessive quantities
of controlled substances.
31. 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 the treatment of patient TH in one or more of the following ways: —
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a) By prescribing inappropriate. and or excessive quantities
of Xanax 2-mg four times a day on multiple occasions without referral
toa psychiatrist:
b) By failing to adequately document in the medical record a
, medical justification for Xanax;
°) By failing to show in the medical record the justification
for prescribing high doses of Methadone and oxycodone in the
dosages prescribed; |
d) By failing to show in the medical record the justification
for prescribing Soma in conjunction with Methadone and oxycodone;
e) By violating the standards for the use of controlled
substances for pain control provided by the Board of Medicine in Rule
64B8-9.013(3), Florida Administrative Code;
f) By failing to show in the medical record the justification
for prescribing high doses of Xanax;
9) By prescribing inappropriate and or excessive amounts of
benzodiazepines:
h) By prescribing inappropriate and or excessive amounts of
opioids;
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i) By failing to order diagnostic testing in view of the high
dosages of opioids prescribed;
j By failing to rule out other treatment modalities for the
management of pain.
32. Based on the foregoing, Respondent has. violated Section
458.331(1)(t), Florida Statutes (2007, 2008 and 2009).
| COUNT THREE
33. Petitioner reincorporates and realleges paragraphs 1 through
20 as if fully set forth herein.
34, Chapter 64B8-9.013(3), Florida Administrative Code, as more
particularly set forth in paragraph 23 herein of is adopted and realleged.
35, ‘Section 458.331(1)(m), Florida Statutes (2007, 2008 and
2009), subjects a licensee to discipline for 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 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;
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records of drugs prescribed, dispensed, or administered: and reports ‘of
consultations and hospitalizations.
36. ‘On or about the dates set forth in paragraphs 9, 14 and 19
Respondent failed to perform a legal obligation placed upon him as a
physician contained within Rule 64B8-9.013(3), Florida Administrative
Code, by prescribing, Methadone, oxycodone and Soma to patients ST, JS -
and TH in the quantities and combinations described: therein, without
conducting or documenting complete medical histories or physical
examinations on patients ST, JS and TH and.without documenting one or
more of the following: the nature and intensity of the patients’ pain;
current and past. treatments for pain; underlying or coexisting diseases or
conditions; the effect of the pain on physical and psychological function or
history of substance abuse; the presence of one or more recognized
medical indications for the use of a controlled substance; and without
documenting written treatment plans that state objectives that would be
used to determine treatment success or indicate if any further diagnostic
_ evaluations or other treatments are planned,
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37, Based on the foregoing, Respondent has violated Section
458.331(1)(m), Florida Statutes (2007, 2008 and 2009), by violating Rule
64B8-9.013(3), Florida Administrative Code,
, COUNT FOUR
38, | Petitioner reincorporates and realleges paragraphs 1 through
20 as if fully set forth herein.
39. Section 458.331(1)(q), Florida Statutes (2007, 2008 and 2009),
provides as follows: 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 is grounds
for discipline by the Board of Medicine. For 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 intent.
40. : Respondent prescribed inappropriately or in excessive or
inappropriate quantities, controlled substances to patients ST, JS and TH
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on the dates and in the quantities more particularly described in
paragraphs 9,14 and 19.
41, ‘Based on the foregoing, Respondent has violated Section
458.331(1)(q), Florida Statutes (2007, 2008 and 2009).
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 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 0" day of thas __, 2010.
L . Ana M. Viamonte Ros, M.D., M.P.H.
DEPARTM ENT OF HEALTH State Surgeon General
OLERK: : €z
212020 Altace. Kion fet
one. Robert A. Milne (
ENE 3036)
Assistant General Counsel iM
Florida Bar # 622338
DOH Prosecution Services Unit
4052 Bald Cypress Way-Bin C-65
Tallahassee, Florida 32399-3265
(850) 245-4640 Office
(850) 245-4681 Facsimile
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>
)
PCP Members: El Bahrei, Nuss, Mullin
PCP: 2/26/10
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28
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 his 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 i in addition to any other discipline imposed.
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Docket for Case No: 10-001733PL
Issue Date |
Proceedings |
Apr. 27, 2010 |
Order Closing File. CASE CLOSED.
|
Apr. 27, 2010 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Apr. 13, 2010 |
Order of Pre-hearing Instructions.
|
Apr. 13, 2010 |
Notice of Hearing (hearing set for June 14 through 16, 2010; 1:00 p.m.; Fort Lauderdale, FL).
|
Apr. 08, 2010 |
Joint Response to Initial Order filed.
|
Apr. 06, 2010 |
Notice of Serving Petitioner's First Request for Admissions and Request for Production of Documents filed.
|
Apr. 06, 2010 |
Unilateral Response to Initial Order filed.
|
Apr. 01, 2010 |
Initial Order.
|
Apr. 01, 2010 |
Notice of Appearance (filed by R. Milne).
|
Apr. 01, 2010 |
Election of Rights filed.
|
Apr. 01, 2010 |
Administrative Complaint filed.
|
Apr. 01, 2010 |
Agency referral filed.
|