STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. DOH Case No. 2016-11749 OSAKATUKEI O. OMULEPU, M.D., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent, Osakatukei O. Omulepu, M.D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Florida Statutes. 2. Atall times material hereto, Respondent was a licensed physician within the state of Florida, having been issued license number ME 99126. 3. At all times material hereto, Respondent did not hold any certifications from specialty boards recognized by the Board of Medicine. Administrative Complaint Dep't of Health v. Osakatukei Omulepu, M.D. 2016-11749 4. Respondent's address of record is 4300 N. University Drive, Suite A202, Lauderhill, Florida 33351. 5. An alternate address for Respondent is 19311 S.W. 31st Court, Miramar, Florida 33029. 6. At all times material hereto, Respondent performed surgeries at Spectrum Image, Inc. d/b/a Spectrum Aesthetics Center for Cosmetic Surgery (Spectrum Aesthetics), located at 51 SW 42nd Ave, Miami, FL 33134. 7. On or about April 22, 2015, Patient J.G., a 30 year-old female, presented to Respondent at Spectrum Aesthetics and underwent liposuction with bilateral fat transfer to the gluteal areas.1 8. During the procedure, the Respondent injected tumescent solution? into Patient J.G. 9. The standard concentration for tumescent solution, used for liposuction procedures, is approximately one part epinephrine per 1 million units. 1 Commonly referred to as a “Brazilian Butt Lift.” ? A combination of a diluted anesthetic agent and epinephrine (a vasoconstrictor used to slow the absorption of, and therefore prolong the action of, the anesthetic agent), The tumescent technique, as opposed to “dry liposuction,” involves the injection of tumescent solution into the patient's fatty deposits to reduce the amount of blood lost during the procedure. Administrative Complaint Dep't of Health v. Osakatukei Omulepu, M.D. 2016-11749 10. Respondent used a tumescent solution with a concentration of one part epinephrine per 4 million units. 11.- Respondent injected Patient J.G.’s buttocks with 1750 cubic centimeters (cc) (bilaterally) of fatty tissue. 12. The standard amount of fatty tissue injected into a buttocks during this procedure is approximately 500 cc. 13. Respondent failed to discharge Patient J.G. to a medical facility capable of providing post-operative care and observation. 14. Section 458.331(1)(t), Florida Statutes (2014), subjects a licensee to discipline for committing medical malpractice as defined in Section 456.50(1}(g), Florida Statutes. Section 456.50(1)(g), Florida Statutes (2014), states medical malpractice means the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. Section 766.102, Florida Statutes (2014), provides that the prevailing standard of care for a given healthcare provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. 15. At all times material hereto, the prevailing standard of care required Respondent to treat Patient J.G. in the following manner: Administrative Complaint Dep't of Health v. Osakatukei Omulepu, M.D. 2016-11749 a. Use an appropriate epinephrine concentration in the tumescent solution used for the procedure; b. Inject an appropriate amount of fatty tissue into Patient J.G.'s buttocks; and/ or c. Arrange for Patient J.G. to stay at a medical facility capable of providing post-operative care and observation. 16. Respondent fell below the standard of care in his treatment of J.G. in one or more of the following ways: a. __ By failing to use an appropriate epinephrine concentration in the tumescent solution used for the procedure; b. By injecting an inappropriate, or excessive, amount of fatty tissue into Patient J.G.’s buttocks; and/or C. By failing to arrange for Patient J.G. to stay at a medical facility capable of providing post-operative care and observation. 17. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2014). WHEREFORE, Petitioner respectfully requests 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, Administrative Complaint Dep’t of Health v. Osakatukei Omulepu, M.D. 2016-11749 imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education, and/or any other relief the Board of Medicine deems appropriate. SIGNED this 2th day of Auqust , 2016. FILED PARTMENT OF HEALTH oP DEPUTY CLERK CLERK? DATE: 3 0 2016 PCP: August 26, 2016 Celeste Philip, M.D., M.P.H. Surgeon General and Secretary pesummers Kristen M. Summers Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 112206 (P) (850) 245-4444 ext. 8136 (F) (850) 245-4662 (E) Kristen.Summers@flhealth.gov PCP Members: Georges El-Bahri, M.D. James W. Orr, M.D. Brigitte Goersch Administrative Complaint Dep’t of Health v. Osakatukei Omulepu, M.D. 2016-11749 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. A request or petition for an administrative hearing must be in writing and must be received by the Department of Health within 21 days from the day Respondent received this 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 this 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 of Medicine shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on Respondent in addition to any other discipline imposed. Administrative Complaint Dep't of Health v. Osakatukei Omulepu, M.D. 2016-11749

Docket for Case No: 16-005770PL