STATE OF FLORIDA DEPARTMENT OF HEALTH . DEPARTMENT OF HEALTH, PETITIONER, v. CASE NUMBER: 2014-02128 WILLIAM H. WYTTENBACH, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, William H. Wyttenbach, M.D., and 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. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME 46329. 3. Respondent's address of record is 16329 South Tamiami Trail, Unit 5 & 6, Fort Myers, Florida 33908. 4. Respondent does not hold any certifications from specialty boards recognized by the Florida Board of Medicine. ; 5. The Tennessee Board of Medical Examiners is the licensing authority for the practice of medicine in the State of Tennessee. 6. On or about January 30, 2014, in the matter of William Wyttenbach, M.D., Tennessee License No. 13702, Docket No. 17.18- 123799A, the Tennessee Board of Medical Examiners entered a Final Order revoking Respondent's license to practice medicine in the State of Tennessee. 7. The Tennessee Board of Medical Examiners’ Final Order revoking Respondent's license to practice medicine in the State of Tennessee was action taken against the Respondent’ license. 8. Respondent did not report the action taken by the Tennessee Board of Medical Examiners against his license to the Florida Board of Medicine in writing within thirty (30) days. DOH v. William H. Wyttenbach, M.D, » Case Number 2014-02128 , 2 9. Respondent did not update his practitioner profile with the action taken by the Tennessee Board of Medical Examiners against his license within fifteen (15) days. COUNT I 10. Petitioner re-alleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 11. Section 458.331(1)(b), Florida Statutes (2013), provides that having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies and subdivisions, is grounds for discipline. 12. On or about January 30, 2014, the Tennessee Board of Medical Examiners took action against the Respondent's license by revoking Respondent's license to practice medicine in the State of Tennessee. 13. Based on the foregoing, Respondent “has violated Section 458.331(1}(b), Florida Statutes (2013), by having his license or his authority to practice medicine acted against by the licensing authority of another jurisdiction. DOH v. William H. Wyttenbach, M.D. : Case Number 2014-02128 . 3 COUNT II 14. Petitioner re-alleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 15. Section 458.331(1)(kk), Florida Statutes (2013), provides that failing to report to the Board, in writing, within thirty (30) days, that an action as defined in Section 458.331(1)(b) has been taken against one’s license to practice medicine in another state, territory, or country is grounds for discipline. 16. On or about January 30, 2014, the Tennessee Board of Medical Examiners took action as defined in Section 458.331(1)(b) against the Respondent's license by revoking Respondent’s license to practice medicine in the State of Tennessee. _ 17. Respondent failed to report the action of the Tennessee Board of Medical Examiners against his license to the Florida Board of Medicine in writing within thirty (30) days. - 18. Based on the foregoing, Respondent violated Section Section 458.331(1)(kk), Florida Statutes (2013), failing to report to the Board, in writing, within thirty (30) days, that an action as defined in Section DOH v. William H, Wyttenbach, M.D. Case Number 2014-02128 4 458.331(1)(b) was taken against Respondent's license to practice medicine in another state. oS COUNT III 19. Petitioner re-alleges and incorporates paragraphs one (1) through seven (7) and nine (9) as if fully set forth herein. 20. Pursuant to Section 456.039(1)(a), Florida Statutes (2013), the Department of Health shall compile information submitted pursuant to Section 456.039 into a practitioner profile for ‘an applicant submitting information for licensure. | 21. Pursuant to Section 456.039(1)(a)8, Florida Statutes (2013), _ the applicant must provide a description of any final disciplinary action taken within the previous ten (10) years against the applicant by the agency regulating the profession that the applicant is or has been licensed to practice, whether in this state or any other juris ict 22. Pursuant to Section 456.042, Florida Statutes (2013), a practitioner must submit practitioner profile updates of required information within fifteen (15) days after the final activity that renders such information a fact. An updated profile is subject to the same requirements as an original profile. DOH v. William H. Wyttenbach, M.D. Case Number 2014-02128 weg 5 23.. Section 456.072(1)(w), Florida Statutes (2013), provides that failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal application is grounds for discipline. 24. On or about January 30, 2014, the Respondent failed to comply with the requirements for profiling by failing to provide within fifteen (15) days a description of action against Respondent’s license by the Tennessee Board of Medical Examiners. 25. Based on the foregoing, Respondent has Violated Section 456.072(1)(w), Florida Statutes (2013), by ailing to comply with the requirements of profiling. ae 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. DOH v. William H. Wyttenbach, M.D. . Case Number 2014-02128 6 SIGNED this _/ / day of Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 FILED Tallahassee, FL 32399-3265 OEE ERK Florida Bar #0901910 CLERK Angel Sanders Telephone (850) 245-4444 _paTe JUL 1420 Fax (850) 245-4684 E-mail: john.frickéjr@flhealth.gov JBF/ PCP Date: July 11, 2014 PCP Members: Fuad Ashkar, M.D., Enrique Ginzburg, M.D. & Ms. Brigitte Goersch DOH v. William H. Wyttenbach, M.D. Case Number 2014-02128 7 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. William H. Wyttenbach, M.D. Case Number 2014-02128 : 8

Docket for Case No: 15-000098PL