STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NUMBER 2012-09776 ERIC NATHAN GROSCH, M.D., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative 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 Statutes; and Chapter 458, Florida Statutes. 2. Respondent's address of record is P.O. Box 13934, Gainesville, Florida 32604. 3. At all times material to this Complaint, Respondent was licensed to practice as a physician in the State of Florida, pursuant to Chapter 458, Florida Statutes, having been issued license number ME 50726. 4. Respondent was a student at the University of Florida (UF) College of Law from approximately 2008 until his graduation on or about December 16, 2011. 5. | From on or about January 9, 2009, to on or about February 9, 2011, Respondent provided Patient S.H. with multiple prescriptions for 240 tablets of Roxicodone 30 mg. 6. — Roxicodone is the brand name for oxycodone. Oxycodone is a semi-synthetic opioid that is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2008-2012), 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, 7. On several occasions, Respondent examined Patient S.H. in public restrooms on the UF campus and provided Patient S.H. with prescriptions in UF parking lots. DOH v. Eric Nathan Grosch, M.D. DOH Case Number 2012-09776 8. Respondent prescribed Patient S.H. large quantities of narcotics while Patient S.H. was visibly pregnant. 9. Other than copies of prescriptions, Respondent did not maintain any medical records of Patient S.H. . 10. On or about March 3, 2012, the UF Police Department issued a notice to Respondent to stay off UF property. 11. On or about March 22, 2012, a swom complaint was filed against Respondent for trespassing on UF property after being ordered to leave. 12. On or about May 24, 2012, a UF employee observed Respondent looking at pornography while in the UF student union. The employee notified her manager who, after determining Respondent had been trespassed from UF property, called the UF Police Department. Respondent was arrested and charged with trespassing after being ordered to leave. 13. On or about June 13, 2012, Respondent's criminal cases stemming from the March 22nd and May 24th incidents were referred to Alachua County mental health court, a diversion program for cases involving defendants who are suffering from mental illness or DOH v. Eric Nathan Grosch, M.D. 3 DOH Case Number 2012-09776 developmental disability and who are arrested for nonviolent criminal offenses. 14. Ata court appearance on or about July 23, 2012, Respondent appeared disheveled and reeked of body odor. 15. On or about September 19, 2012, the Department entered an Order Compelling an Examination and Production of Medical Reports (‘Order’), The Order required Respondent to submit to an examination by Dr. T.B., a board-certified psychiatrist. 16. Respondent complied with the Department's Order and underwent an examination by Dr. T.B. on November 21, 2012. 17. Dr. T.B. diagnosed Respondent with depressive disorder, not otherwise specified, by history; rule out psychotic disorder, not otherwise specified; paranoid personality traits; and rule out paranoid personality disorder. 18. Dr. T.B. described Respondent as follows: “He was grudgingly cooperative throughout the interview though made it very clear at the beginning that he was here under duress and as referred to earlier, alleged that I was ‘a tool of the Department of Health.’ He was extremely cynical, acerbic and at times loud and obstreperous.... Thought content revealed a strong paranoid flavor reflecting a pervasive distrust and suspiciousness of others and their motives, particularly in reference to the Department of Health and University of Florida 4 DOH v. Eric Nathan Grosch, M.D. DOH Case Number 2012-09776 Police Department. He clearly described feelings of being persecuted with his recent legal difficulties and accepted no ownership for any of his actions or judgments....Speech and language were coherent and relevant though at times extremely loud and obstreperous to the point that he could be heard in our waiting area and central office....Judgment and insight are regarded as poor.” 19. Dr. T.B. opined that Respondent currently exhibits a significant lack of insight and judgment due to prominent paranoid ideation and that Respondent's actions reflect significant paranoia potentially bordering on psychotic level proportions. Dr. T.B. further opined that Respondent's current psychiatric status and poor judgment present a significant risk in reference to his ability to practice as a physician. 20. Dr. T.B. ultimately opined that Respondent is unsafe to practice as a physician due to his psychiatric impairment. 21. Section 458.331(1)(s), Florida Statutes (2012), subjects a licensee to discipline for being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. DOH v. Eric Nathan Grosch, M.D. DOH Case Number 2012-09776 22. Respondent is unable to practice medicine with reasonable skill and safety to patients by reason of illness or as a result of a mental condition. 23. Based on the foregoing, Respondent has violated Section 458.331(1)(s), Florida Statutes (2012), by being unable to practice medicine with reasonable skill and safety to patients by reason of illness or as a result of a mental condition. 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, 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. DOH v., Etic Nathan Grosch, M.D. DOH Case Number 2012-09776 SIGNED this‘. day of Dap set rh , 20 13. FILED ARTMENT OF HEALTH DEPUTY CLERK K Ani | Sanders CLERK TAN 0 4 2013 DEP. TJM PCP Date: January 4, 2012 John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health eee Thomas.J,)Morton Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 13771 (850) 245-4640 PHONE (850) 245-4662 FAX thomas_morton@doh.state.fl.us PCP Members: Mark Avila, M.D., James Orr, M.D., and Carolyn Pardue DOH y, Eric Nathan Grosch, M.D. DOH Case Number 2012-09776 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 ESSMENT OF T 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 vy, Eric Nathan Grosch, M.D, DOH Case Number 2012-09776

Docket for Case No: 13-001689PL