STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. CASE NO, 2013-15182 MIGUEL ANGEL MONTOYA, M.D., . Respondent. / DMINISTRA MPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Miguel Angel Montoya, 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; 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 105157. 3. | Respondent's address of record is 6802 N. Armenia Avenue, Tampa, Florida 33604. 4. Onor about September 21, 2012, Patients P.L., A.O., and C.M. presented to Respondent at the same time in his office. 5. Respondent saw the patients for less than six minutes total. 6. At no time were the patients separated for individual assessments. 7. The patients were an undercover detective and two informants, using pseudonyms. 8. The appointment was audiotaped and videotaped. 9. Respondent did not perform a physical examination. 10. Respondent did not create a treatment plan. 11. Respondent signed insurance and medical evaluations and billing statements for personal injury protection (“PIP”) indicating that physical examinations were performed for all three patients. 12. Atall times material to this Complaint, the prevailing professional standard of care required Respondent to perform a physical examination and create a treatment plan. Count I 13. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twelve (12), as if fully set forth herein. 2 - DOH v. Miguel Angel Montoya, M.0., Case Number 2013-15182 14. Section 458.331(1)(t), Florida Statutes (2012), subjects a licensee to discipline for committing medical malpractice as defined in Section 456.60, Florida Statutes (2012). Section 456.50(1)(g), Florida Statutes (2012), 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 (2012), 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. Respondent fell below the prevailing professional standard of care by not physically examining Patients P.L. and/or by not creating a treatment plan for Patient P.L. 16. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2012). Count IT 17. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twelve (12), as if fully set forth herein. 3 - DOH v. Miguel Angel Montoya, M.D., Case Number 2013-15182 18. Section 458.331(1)(t), Florida Statutes (2012), subjects a licensee to discipline for committing medical malpractice as defined in Section 456.60, Florida Statutes (2012). Section 456.50(1)(g), Florida Statutes (2012), 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 (2012), 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. 19. Respondent fell below the prevailing professional standard of care by not physically examining Patient A.O. and/or by not creating a treatment plan for Patient A.O. . 20. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2012). Count III 21. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twelve (12), as if fully set forth herein. 4 - DOH v. Miguel Angel Montoya, M.D., Case Number 2013-15182 22. Section 458.331(1)(t), Florida Statutes (2012), subjects a licensee to discipline for committing medical malpractice as defined in Section 456.60, Florida Statutes (2012). Section 456.50(1)(g), Florida Statutes (2012), 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 (2012), 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. 23. Respondent fell below the prevailing professional standard of care by not physically examining Patient C.M. and/or by not creating a treatment plan for Patient C.M. | 24. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2012). Count IV 25. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twelve (12), as if fully set forth herein. 5 - DOH v. Miguel Angel Montoya, M.D., Case Number 2013-15182 26. Section 458.331(1)(k), Florida Statutes (2012), provides that the Board of Medicine may take disciplinary action against a licensee for making deceptive, untrue or fraudulent representations in or related to the practice of medicine. . 27. Respondent signed fraudulent and untrue insurance and medical evaluations and billing statements for PIP indicating that physical examinations were performed for Patient P.L., when a physical was not performed. 28. Respondent signed these reports and records as a licensed physician while practicing medicine. 29. Based on the foregoing, Respondent violated - Section 458.331(1)(k), Florida Statutes (2012). Count V 30. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twelve (12), as if fully set forth herein. 31. Section 458.331(1)(k), Florida Statutes (2012), provides that the Board of Medicine may take disciplinary action against a licensee for making deceptive, untrue or fraudulent representations in or related to the practice of medicine. 6 - DOH v. Miguel Angel Montoya, M.D., Case Number 2013-15182 32. Respondent signed fraudulent and untrue insurance and medical evaluations and billing statements for PIP indicating that physical examinations were performed for Patient A.O., when a physical was not performed. 33. Respondent signed these reports and records as a licensed physician while practicing medicine. 34. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes (2012). Count VI 35. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twelve (12), as if fully set forth herein. 36. Section 458.331(1)(k), Florida Statutes (2012), provides that the Board of Medicine may take disciplinary action against a licensee for making deceptive, untrue or fraudulent representations in or related to the practice of medicine. 37. Respondent signed fraudulent and untrue insurance and medical evaluations and billing statements for PIP indicating that physical examinations were performed for Patient C.M., when a physical was not performed. 7 - DOH v. Miguel Angel Montoya, M.D., Case Number 2013-15182 38. Respondent signed these reports and records as a licensed physician while practicing medicine. 39. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes (2012). 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. SIGNED this_(O day of __Yasvery 2017. Celeste Philip, MD, MPH Surgeon General and Secretary [Signatures on following page] 8 - DOH v. Miguel Angel Montoya, M.D., Case Number 2013-15182 Michael E. Morris Assistant General Counsel DEPARTMEN oe HEALTH Florida Bar No. 0081493 DEPUTY CLERK DOH-Prosecution Services Unit Barn ANGEL SANDERS 4052 Bald Cypress Way-Bin C-65 JAN 1 0 2017 Tallahassee, Florida 32399-3265 OS Telephone: (850) 245-4640, Ext. 8114 Fax: (850) 245-4684 E-Mail: michael.morris@flhealth.gov MEM/ep PCP Date: January 06, 2017 PCP Members: Steven Rosenberg, M.D., Donald Mullins 9 - DOH v. Miguel Angel Montoya, M.D., Case Number 2013-15182 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 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. 10 - DOH v. Miguel Angel Montoya, M.D., Case Number 2013-15182

Docket for Case No: 17-001442PL