Deputy Agency Clerk Brandon Mehols 8/24/2009 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ve Case No, 2009-003277 RUBEN A. NASIO, D.V.M., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation, files this Administrative Complaint before the Board of Veterinary Medicine, against Respondent, Ruben A. Nasio,; D.V.M., and alleges: 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. 2. At all times material to this complaint, Respondent was licensed to practice veterinary medicine in the State of Florida, having been issued license number VM 8247. 3. Respondent's address of record is 245 Viscaya Avenue, Coral Gables, FL 33134. OBC Professions Bourds\veterinary medivine\ACW2009\Nasio, Ruben 09-008277 (Iyr\ac.doe 1 24/2009 BE/fER Fd FOO sda 6pé9oPTpags PH:6H BTee/ST/8e Cfipl oatoz at Bry 4, On July 17, 2007, Complainant took her pet squirrel and African Grey bird to Respondent for care. The squirrel was sick and the bird required his wings clipped. 5. Respondent treated the squirrel by administering milk and instructed Complainant to continue to give him milk until his illness had ended. 6. Complainant followed Respondent's advice for a day, but the squirrel showed no improvement. Complainant proceeded to take the squirrel to Avian Exotic where the squirrel was treated by a Dr. Harris. Dr, Harris administered an injection fo the squirrel and placed him on a very strict diet. 7. After Complainant questioned Respondent’s experience at wing clipping, Respondent cut the birds wings and clipped the bird’s nails. 8. After Respondent placed the bird back in the cage, the bird began to bleed profusely from the clipping locations, Respondent's technician attempted to stop the bleeding by applying chalk to the wounds. 9, Due to Respondent’s negligent clipping of the bird's wings, the bird is no longer able to fly and has stopped talking. 10. Complainant initiated a civil complaint against Respondent, which was heard in the Small Claims Court of Miami- Dade County (case no. 68-2911+SP-21). On April 23, 2009, the GNOGC Professions Boardaweterinary medicinc\AC\2009\Nasio, Rubon 09-003277 (1X) AC. doc 2 14/2003 6a/ra Fovd FOO dad 6PL9PTPaSs PO:6G BTeZ/ST/ee GZ:vT otoz oT Bny court issued a final judgment against Respondent in the amount of four thousand one hundred eighty-eight dollars ($4,188.00). 11, Section 474.214(1)(r), Florida Statutes, states “[pbeing guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recegnized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances.” constitutes grounds for disciplinary action. 12. Based on the foregoing, Respondent violated Section 474,214(1) (x), Florida Statutes, when he incompetently performed the wing clipping, which left the bird unable to fly and when he failed to provide any substantive care to the squirrel. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to Section 474.214(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Veterinary 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 Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate. GhOGC Professions Hoardy\elgrinury medicins ACA00e\Nusio, Ruben 09-003277 (1)(0\AC.doo 3 J 3 66/Se@ Fd FOO sda 6pé9oPTpags PH:6H BTee/ST/8e Cfipl oatoz at Bry Signed this 19" day of August, 2009. CHARLES W, DRAGO, Secretary Department of Business and Professional Regulation By: Elizabeth Fletcher Duffy ELIZABETH FLETCHER DUFFY Assistant General Counsel Florida Bar No. 0980404 Department of Business and Professional Requlation Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (950) 487-9648 Facsimile: (850) 414-6749 PCP Date: August 12, 2009 PCP Members: Jones and Lewis EFD/j1m GOGO \Professions BoardaWeterinary medicine\ACO00\Nusio, Rubon 09003277 (1(8\AC.doo 4 B/14/2009 6a/98 Fad v0 Adad 6pe9pTpace paiea alaz/Styea Cfipl oatoz at Bry NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, toa be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. 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 455,.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGC Professions Beards\veterinury medicinc\AC\2009\Nasia, Ruban 09-003277 CUXR\AC. doc 5 ¥/14/2009 66/46 Sod Yo0 addad 6P29PTPaos PE-6G Glee /ST/8a 9Z:~T oToZ oT Bny

Docket for Case No: 10-007594PL