STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO.: 2009-04339 ANGEL M. GARCIA, M.D., RESPONDENT. a DMINISTRATIVE INT Petitioner, Department of Health, by and through its undersigned counsel files this Administrative Complaint before the Board of Medicine against Respondent, Angel M. Garcia, M.D., and in support alleges as follows: 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. Filed November 5, 2012 1:59 PM Division of Administrative Hearings 2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME42709. 3. | Respondent's address of record is 900 Glades Road, 2nd Floor 3001 Boca Raton, Florida 33431. 4. At all times material to this complaint, Respondent was practicing as a dispensing physician in the State of Florida, pursuant to Chapter 458, Florida Statutes. 5. On 21, January 2009, Respondent's father Conrado B. Garcia, M.D., was 86 years old, resident at 7498 Silverwood Court, Boca Raton, Florida 33431 and had been issued Florida Medical License number ME27404, which was clear and active and about to expire on January 31, 2009. 6. Conrado B. Garcia, M.D. had retired from medical practice and had not seen any patients as a medical doctor in an office environment since approximately 1997; and had not intended to renew his Florida Medical License when it expired on January 31, 2009. 7. Between October 2008 through February 2009, Conrado B. Garcia, M.D. had not prescribed multiple prescriptions for any controlled substances such as Fentanyl, Hydrocodone, Hydromorphone, Oxycodone, Alprazolam, Lorazapam, or Diazepam, on the internet or otherwise, nor had he used his purchasing account with Alda, a wholesale pharmaceutical drug supply company to purchase any of these controlled substances. 8. Conrado B. Garcia, M.D. as medical doctor in the usual course had (when practicing) applied for and been issued DEA Certificate of Registration number AG089014 granting him controlled substances prescribing privileges. 9. In January and February 2009, Conrado B. Garcia, M.D. received several medication profiles from various healthcare companies regarding suspicious prescriptions for controlled substances, in excess of the safety thresholds for controlled substance use, all of which had been allegedly authorized by Conrado B. Garcia, M.D.; he also received notifications from the New York Department of Health reporting prescriptions apparently authorized by him for an individual in New York receiving suspicious quantities of controlled substances. 10. Additional documentation in the form of an invoice from an Alda requesting payment from Conrado B. Garcia, M.D. revealed that the controlled substances had been purchased on his account by Respondent and that these controlled substances had been shipped to Angel M. Garcia . at his business address, 900 Glades Road, 2™ Floor 3001, Boca Raton, Florida 33431. 11. In fight of the foregoing Conrado B. Garcia; M.D. voluntarily relinquished his DEA registration together with his Florida Medical License on January 23, 2009, prompted by his suspicion that Respondent was using his DEA privileges and his medical license to illegally prescribe controlled substances on the internet or otherwise and/or treat patients without his knowledge or consent. 12. Unbeknown to Conrado 8B. Garcla, M.D. and without his permission, Respondent renewed Conrado B. Garcia, M.D.’s, medical license on January 21, 2009, ten (10) days before it was to expire. 13. The documentation concerning this unauthorized license renewal shows that it was completed by Angel Garcia/Global Medial Co., and payment of the renewal fee was made by a credit card with Respondent's business address of record, 900 Glades Road, 2"! Floor 3001, Boca Raton, Florida 33431. 14. When Respondent was advised by his father that he had voluntarily surrendered both his medical license and his DEA prescribing privileges, Respondent became very angry. 15. On February 25, 2009, a law enforcement agency seized 12 prescription pads from Respondent's personal office at 900 Glades Road, 2" Floor 2001, Boca Raton, Florida 33431. 16. The prescription pads were printed with: VITAL FUNCTION HEALTH CENTER, Conrado B. Garcia, M.D., DEA number FG1229776, medical license Number ME27404, 900 Glades Road, 24 Floor 2001, Boca Raton, Florida 33431. 17. DEA registration number FG1229776 was registered to Conrado B. Garcia, M.D. on January 26, 2009, at 900 Glades Road, 2" Floor 3001, Boca Raton, Florida 33431. 18. Payment for the registration fee for DEA number FG1229776 was made by a credit card with account holder, GLOBAL MEDICAL CONSULTANTS, LLC owned by VITAL FUNCTION, LLC with a registered address at 900 Glades Road, 2™ Floor 3001, Boca Raton, Florida 33431. 19. During the execution of the search warrant by law enforcement on February 25, 2009, at Respondent's offices, approximately 150 used prescription pads were found. Each prescription appeared to be a carbon duplicate prescription, bearing in print VITAL FUNCTION HEALTH CENTER, Conrado B. Garcia, M.D., DEA number AG089014; medical license number ME27404, the prescriptions were primarily for 90 to 120 tablets of Lortab or Vicodin LS. 20. Vicodin is a brand name for the formulation of hydrocodone bitratate and acetaminophen (Tylenol) which is an opioid analgesic and antitussive and is prescribed to treat pain. According to Section 893.03(3), Florida Statutes, hydrocodone, in the dosages found in hydrocodone/APAP is a Schedule III controlled substance that has a potential for abuse less than the substances in Schedules I and II and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. b) Lortab is a brand name for the formulation of hydrocodone and acetaminophen (Tylenol). Lortab is prescribed to treat pain. According to Section 893.03(3), Florida Statutes, hydrocodone, in the dosages found in hydrocodone/APAP is a Schedule III controlled substance that has a potential for abuse less than the substances in Schedules I and II and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. | COUNT I 21. Paragraphs 1 through 20 are adopted and realleged as though fully set forth. 22. Section 458.331(1)(q), Florida Statutes (2009-2010), subjects a licensee to discipline, including suspension, for 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. 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 or his intent. 23. Between October 2008 and February 2009 Respondent prescribed, dispensed, and/or administered inappropriately and/or prescribed controlled substances other than in the course of his professional practice by prescribing controlled substances in excessive and/or inappropriate quantities that were not in the patient's best interests, and prescribed these controlled substances in the quantities and combinations more particularly described in the foregoing paragraphs. Respondent issued these prescriptions by illegally misappropriating his father’s name and DEA prescribing privileges 24. Based on the foregoing Respondent violated Section 458.331(1)(q), Florida Statutes (2009-2010). COUNT II 25. Paragraphs 1 through 20 are adopted and realleged as though fully set forth. 26. Section 458.331(1)(k), Florida Statutes (2009-2010), allows the Board of Medicine to impose discipline against a licensee making deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine. 27. Respondent made deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employed a trick or scheme in the practice of medicine by applying for and obtaining the renewal of his father’s medical license and DEA registration without his father’s knowledge or consent. 28. Based on the foregoing Respondent violated Section 458.331(1)(k), Florida Statutes (2009-2010). 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 thi Fi A WEALTH DEPARTMENY | EP wry as cen SET DO PCP: August 24, 2012 2012. State Surgeon General and Secretary of Health Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 622338 (850) 245-4640 ext. 8243 (850) 245-4680 FAX PCP Members: Dr. Miguel, Dr. Stringer & Mr. Levine 10 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 her 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 in addition any other discipline imposed. 11

Docket for Case No: 12-003602PL