STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Cnn PETITIONER, v. CASE NO. 2015-19185 DAVID THANH NGUYEN, D.O., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Complaint before the Board of Osteopathic Medicine against Respondent, David Thanh Nguyen, D.O., and in support thereof alleges: i. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statues; and Chapter 459, Florida Statutes. 2. ‘At all times material to this Complaint, Respondent was a licensed osteopathic physician within the State of Florida, having been issued license number OS 7942. Exhibit S1-2 000004 3. Respondent’s address of record is 4640 Park Boulevard, Pinellas Park, Florida 33781. 4, Another possible address for the Respondent is 2615 “Bridgeview Street; Matlacha, Florida-33993. a 5. At all times material to this Administrative Complaint, Respondent was practicing as an osteopathic physician in Pinellas Park, Florida. 6. 5S.S., is a female, former patient of Respondent's. 7. On or about June 30, 2015, S.S. requested her medica! records from Respondent. 8. Respondent has failed to provide S.S.’s medical records to S.S. in a timely manner. 9, Respondent has failed to provide written notification to the department of his current mailing address. COUNT I 10. Petitioner re-alleges and incorporates paragraphs one through nine, as if fully set forth herein. Case Name: DOH v. David Thanh Nguyen, D.O. Case Number: 2015-19185 Exhidit $4-2 600008 11. Section 459.015(1)(pp), Florida Statutes (2014), subjects an osteopathic physician to discipline for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. noon ot D——Gaction-456:057(6), Florida Statutes (2014), requires that any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, Including X rays and insurance information, 13. As set forth above, Respondent failed to timely provide medical records upon request to patient S.S, 14. Based on the foregoing, Respondent violated Section 459.015(1)(pp), Florida Statutes (2014), by violating Section 456.057(6), Florida Statutes (2014), by making a physical or mental examination of, or administering treatment or dispensing legend drugs to, any person, and by failing to furnish, upon request of such person, in a timely manner, coples of all reports and records relating to such examination or treatment. Case Name: OOH v. David Thanh Nguyen, 0.0. 3 Case Number; 2015-19185 exhibit S4-2 000006 COUNT II 15. Petitioner re-alleges and incorporates paragraphs one through nine, as if fully set forth herein. 16 Section 459.015(1)(pp), Florida’ Statutes (2014), subjects an osteopathic physician to discipline for violating any provision of this chapter - or chapter 456, or any rules adopted pursuant thereto. 17. Rule 64B15-14.0015, Florida Administrative Code (2014), provides that each licensee shall provide written notification to the department of the licensee’s current mailing address and place of practice. The term “place of practice” means the primary physical location where the osteopathic physician practices the profession of osteopathic medicine. 18. As set forth above, Respondent failed to provide written notification to the department of the licensee’s current mailing address. 19, Based on the foregoing, Respondent violated Section 459.015(1)(pp), Florida Statutes (2014), by violating Rule 64B15-14.0015, Florida Administrative Code (2014), by failing to provide written notification to the department of the Respondent's current mailing address. WHEREFORE, Petitioner respectfully requests that the Board of Osteopathic Medicine enter an order imposing one or more of the following Case Name: OOH v. David Thanh Nguyen, 0.0. 4 Case Number; 2015-19185 Exhibit S41-2 . Q00007 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-educationand/or-any~other relief that the Board deems appropriate. SIGNED this | day of Juan 2016. FILED Department Of Health Deputy Clerk CLERK — ofugel Saedort pate JAN 1 1 2016. _ PCP: January 8, 2016 John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health Rose Gatrison, Esq. Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 105920 (850) 245-4444 Telephone (850) 245-4683 Facsimile Rose.garrison@flhealth.gov PCP Members: Glenn Moran & Alicjia Jansen Case Name: DOH v, David Thanh Nguyen, 0.0, Case Number; 2015-19185 Exhibit $1-2 00G008 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 behaif if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this. Administrative Complaint pursuant to Rule 28- 106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. Case Name: DOH v. David Thanh Nguyen, 0.0. 6 Case Number: 2015-19185 Exhibit 64-2 — g0G009

Docket for Case No: 16-002902PL