STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NUMBER: 2011-11963 ERIC NATHAN GROSCH, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Complaint before the Board of Medicine against Respondent, Eric Nathan Grosch, 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 Statues; 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 number ME 50726. 3. | Respondent does not hold any certifications from specialty boards recognized by the Florida Board of Medicine. 4. Respondent's address of record is P.O. Box 13934, Gainesville, Florida 32604. 5. From on or about January 23, 2009, to on or about June 27, 2011, Respondent had a physician-patient relationship with patient J.R. 6. From on or about January 9, 2009, to on or about February 25, 2011, Respondent had a physician-patient relationship with patient S.H. 7. On or about July 21, 2011, the Division of Student Affairs for the University of Florida notified the Department that during a student conduct appeal of allegations against the Respondent, the Respondent provided prescription profiles for patients J.R. and S.H. to the Division of Student Affairs without written authorizations from patients J.R. and S.H. 8. The prescription profiles documented that the Respondent prescribed controlled substances to patients J.R. and S.H. 9. The Division of Student Affairs was not a legal representative, health care practitioner or provider involved in the care and treatment of patient J.R. or patient S.H. DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 2 10. The Respondent prescribed the controlled substances oxycodone, hydrocodone, diazepam, and alprazolam to patient 1R. 11. Oxycodone is a semi-synthetic opioid that is 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. Abuse of oxycodone may lead to severe psychological or physical dependence. 12. Hydrocodone is a semi-synthetic opioid prescribed to treat pain. According to Section 893.03(2), Florida Statutes, hydrocodone 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. Abuse of hydrocodone may lead to severe psychological or physical dependence. 13. Diazepam is a benzodiazepine prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes, diazepam 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. Abuse of diazepam may lead to limited DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 3 physical or psychological dependence relative to the substances in Schedule IIT. 14. Alprazolam is a benzodiazepine prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes, alprazolam 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. Abuse of alprazolam may lead to limited physical or psychological dependence relative to the substances in Schedule III. 15. The standard of care required that the Respondent conduct a complete medical history of patient J.R., adequately assess patient J.R.’s condition, conduct adequate physical examinations of patient J.R., order adequate laboratory tests and x-ray examinations of patient J.R., obtain urine drug screen analysis tests, and refer patient J.R. to specialists for consultation, to make an evidence based diagnosis of patient J.R.’s condition, develop a treatment plan, and justify the controlled substances prescribed to patient J.R. DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 4 COUNT I — Pt. J.R. 16. Petitioner re-alleges and incorporates paragraphs one (1) through five (5), and seven (7) through fifteen (15) as if fully set forth herein. 17. Section 458.331(1)(g), Florida Statutes (2011), provides that failing to perform any statutory or legal obligation placed upon a licensed physician is grounds for discipline by the Board of Medicine. 18. Section 456.057(7)(a), Florida Statutes (2011), provides that patient records may not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the patient, or the patient’s legal representative or other health care practitioners and providers involved in the care and treatment of the patient, except upon written authorization of the patient. 19. The Respondent provided prescription profiles for patient J.R. to the Division of Student Affairs without obtaining written authorization from patient J.R. 20. Based on the foregoing, Respondent violated Section 458.331(1)(g), Florida Statutes (2011), by failing to perform any statutory or legal obligation placed upon a licensed physician, by violating Section DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 5 456.057(7)(a), Florida Statutes (2011), when Respondent furnished patient J.R.’s patient records to a person other than the patient, or the patient’s legal representative or other health care practitioners and providers involved in the care and treatment of the patient, without patient J.R.’s written authorization. COUNT II — Pt. J.R. 21. Petitioner re-alleges and incorporates paragraphs one (1) through five (5), and seven (7) through fifteen (15) as if fully set forth herein. 22. Section 458.331(1)(t), Florida Statutes (2008-2010), provides that committing medical malpractice constitutes grounds for disciplinary action by the Board of Medicine. Medical Malpractice is defined in Section 456.50(g), Florida Statutes (2008-2010), as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. For purposes of Section, 458.331(1)(t), Florida Statutes (2008-2010), the Board shall give great weight to the provisions of Section 766.102, Florida Statutes (2008-2010), which provides that the prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 6 in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. 23. Respondent failed to practice medicine with that level of care, skill and treatment, which is recognized by reasonably prudent similar physicians as being acceptable under similar conditions and circumstances, in the treatment of patient J.R. in one or more of the following ways: a. b. By failing to perform an adequate history; By failing to perform adequate physical examinations; By prescribing excessive and inappropriate amounts of controlled substances without medical justification; By prescribing inappropriate combinations of drugs; By prescribing controlled substances at inappropriate intervals; By failing to utilize risk mitigation strategies to prevent diversion of controlled substances; and/or By failing to develop an appropriate treatment plan. DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 7 24. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2008-2010), by committing medical malpractice. COUNT III — Pt, J.R. 25. Petitioner re-alleges and incorporates paragraphs one (1) through five (5), and seven (7) through fifteen (15) as if fully set forth herein. 26. Section 458.331(1)(q), Florida Statutes (2008-2010), 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. 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 her intent. DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 8 27. Respondent inappropriately prescribed controlled substances in excessive amounts and inappropriate quantities, without regard to patient J.R.’s best interests. 28. Based on the foregoing, Respondent violated Section 458.331(1)(q), Florida Statutes (2008-2010), by inappropriately prescribing controlled substances to patient J.R. COUNT IV — Pt. J.R. 29. Petitioner re-alleges and incorporates paragraphs one (1) through five (5), and seven (7) through fifteen (15) as if fully set forth herein. 30. Section 458.331(1)(m), Florida Statutes (2008-2010), 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; records of DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 9 drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 31. On or about the dates set forth above, Respondent failed to keep medical records that justified the course of treatment of patient J.R., including his failure to keep legible patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 32. Based on the foregoing, Respondent violated Section, 458.331(1)(m), Florida Statutes (2008-2010), by failing to keep medical records that justified the course of treatment of patient J.R. NT V — Pt. S.H. 33. Petitioner re-alleges and incorporates paragraphs one (1) through four (4), and six (6) through nine (9) as if fully set forth herein. 34. Section 458.331(1)(g), Florida Statutes (2011), provides that failing to perform any statutory or legal obligation placed upon a licensed physician is grounds for discipline by the Board of Medicine. 35. Section 456.057(7)(a), Florida Statutes (2011), provides that patient records may not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the patient, or DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 10 the patient’s legal representative or other health care practitioners and providers involved in the care and treatment of the patient, except upon written authorization of the patient. 36. The Respondent provided prescription profiles for patient S.H. to the Division of Student Affairs without obtaining written authorization from patient S.H. 37. Based on the foregoing, Respondent violated Section 458.331(1)(g), Florida Statutes (2011), by failing to perform any statutory or legal obligation placed upon a licensed physician, by violating Section 456.057(7)(a), Florida Statutes (2011), when Respondent furnished patient S.H.’s patient records to a person other than the patient, or the patient's legal representative or other health care practitioners and providers involved in the care and treatment of the patient, without patient S.H.’s written authorization. WHEREFORE, 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 DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 il fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. — VA SIGNED this day of Zictrrenae, , 2013. John H. Armstrong, MD, FACS, FCCP State Surgeon General & Secretary of Health . Fricke, Jr. iStant General Counsel DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, FL 32399-3265 CLERK Angel Sanders Florida Bar #0901910 DATE FEB 18 2013 Telephone (850) 245-4444 Fax (850) 245-4684 Email: john_frickejr@doh.state.fl.us JBF/crv PCP Date: February 15, 2013 PCP Members: Dr. Avila and Dr. Stringer DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 12 DOH v. ERIC NATHAN GROSCH, M.D. CASE NUMBER 2011-11963 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 to any other discipline imposed. DOH v. Eric Nathan Grosch, M.D., Case Number 2011-11963 : 13

Docket for Case No: 13-001688PL