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FILED

DI!: d 1n11 l'f'lf n11l Ri!gU(Rtltll"I

AGENCY CLERK

CLE"!U( Evett L PrQc[ r

""· 5128/2010

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DBPR OGA

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESS!ONAL REGULATION BOARD OF VETERINARY MEDICINE

DE,PARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No. 2009-061183

JERRY LAWRENCE, D.V.M.,

Respondent.

ADMINISTRATIVE COMPLAINT

The Department Of Business and Professional Regulation ("Petitioner") files this Administl'ative Complaint before the Board of Vete.rinar.:y Medicine against Jerry Lawrence, D.V.M., ("Respondentn), and alleges:

1. Petitioner i.s th.e state agency charged with l'egul.ating the practice of veterinary medicine pursuant to Section 20.165, Florida Statutes, and Chapter.:s 455 and 474, Florida Statutes.

2. At e.11 times mater.:ial to this complaint, Respondent was licensed to practice veterinary medicine in the state of Flol'ida, having been issued license number VM 1444.

3. Respondent's e.ddress of record is 43 N Cleveland street, Quincy, FL 32351-2101.

4. Upon receipt of a complaint by Robert Fitch rege.rding the conditions of two kittens tha,t he purchased from Breeder Ed

   o:\OGC:\Profc:uiion Bol\r<l,!1\vi;t iinary medici.m:i\AC\2010\LnWtt!ttce. .Ti=rty 09-061. l 83 (l)(l'lh)

   
   

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   PAGE 04

   
   

   J?owell (hereinafter, Powell), Petitioner investigated the possibility tha.t Respondent fraudulently issued a false health

   certificate.

   
   

5. Complaina.nt alleged treatment for the following

   
   

   that both

   
   

   conditions:

   
   

   kittens required upper respiratory

   in.fections, herpes, uveitis, ear infection, ringworm, dehydration and emaciation. The male kitten was later diagnosed with FIP and euthanized.

6. Respondent responded to the investigati.on on December 14, 2009 and stated that the kittens were in good health a.t the time of his examination of the kittens.

7. Respondent also stated that "Powell had recently administered feline panleukopenia, rhinotracheitis, and calici vaccines using the same vaccine that our clinic a.dministers and in the manner instructed by me.•

8. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one ( 1 l through seven. ( 7) as though set forth herein.

9. Section 474. 214 (1) (hh), Florida Statutes (2009), provides: "[dl elegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qua,).ified by tra.ining, experience, 0.1'.' 1:\censure to perfor.m them" is gr.ounds for discipline.

O:\OGC\Prof; iom1 Boarda\v¢t,crino.ry mcdicinEi\AC\20l0\Ll't.wrcni;¢, J0rry 09-06118 (l)(hh) 2

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J.0. Ba.sed upon the foregoing, Respondent violated Subsection 47 4. 214 ( 1) (hh) , Florida Statutes (2009), when he

instructed Powell on how to administer vaccinations. Respondent is therefore subject to discipline by the Board of Veterinary Medicine pursuant to Section 474.214(2), Florida Statutes.

WHEREFORE, Petitioner respect/'ully requests the Board of Veterinary Medicine enter an order impo,sing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restri.ction of practice, imposition of an administrative fine, issuance of a reprimand, placement o.f Respondent on probation, assessment o.f costs, corrective action and/or any other relief that the Board deems appropriate.

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Signed this 2 8 th day of May, 2010.

CHARLIE LIEM, Interim Secretary Department of Business and

Professional Regulation

By: Pli.za6etfi Pfetcfier <Duffy

ELIZABETH FLETCHER DUFFY

Assistant General Counsel Florida Bar No. 0980404 Department of Business and

Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202

Phone: (850) 487-8435

Facsimile: (850) 414-6749

PCP Found:April 211 2010

PCP Found By: Jones and Lewt EFD/del

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PAGE 07

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be

conducted Florida

in accordance statutes, to be

with Sections

.,epresented

120.569 and by counsel or

120.57,

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 beha.lf 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. Pu.,suant to Section 455.227 (3) (al, Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigat.i.on and prosecution of the case excluding costs associated with an attorney's time, against the Respondent i.n addition to any other discipline imposed.

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Docket for Case No: 11-000913PL