STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-19223 RAYMOND FAILER, D.O., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, Raymond Failer, D.O., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was an osteopathic physician (D.O.) within the state of Florida, having been issued license number OS 1920. 3. Respondent's address of record is 9341 Collins Avenue, #1001, Surfside, Florida 33154. 4. OnJune 16, 2015, the Board of Osteopathic Medicine filed Fina! Orders in case numbers 2007-10901 and 2013-02191, imposing, among other discipline, probation on Respondent's license for five years. The terms of Respondent's probation included the submission of quarterly reports. 5. The probation of Respondent's license required a quarterly report to be submitted by Respondent and one by Respondent's monitor by May 24, 2016. 6. Respondent failed to submit a quarterly report by May 24, 2016. 7. Respondent failed to ensure his monitor submitted a quarterly report by May 24, 2016. 8. Section 456.072(1)(q), Florida Statutes (2015), provides that violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department, constitutes grounds for discipline. Department of Health v. Raymond Failer, D.O. Case Number 2016-19223 9. As set forth above, Respondent violated lawful orders of the Board of Osteopathic Medicine by failing to comply with the Final Orders in case numbers 2007-10901 and 2013-02191, filed on June 16, 2015, when Respondent failed to submit quarterly reports as required by the Final Orders as part of the probation of his license. 10. Based on the foregoing, Respondent has violated Section 456.072(1)(q), Florida Statutes (2015), by violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department. WHEREFORE, the Petitioner respectfully requests that the Board of Osteopathic 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. [Signature page follows. ] Department of Health v. Raymond Failer, D.O. Case Number 2016-19223 a SIGNED this 5 day of S 2017. FILED DEPARTM DEPUTY CLERKS CLERK: pare JAN 0.5 2017 LT. PCP: January 5, 2017 Celeste Philip, MD, MPH State Surgeon General and Secretary of Health Ann L. Prescott Assistant General Counsel Fla. Bar No. 92974 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265 Telephone: (850) 245-4640 Facsimile: (850) 245-4662 Email: ann.prescott@flhealth.gov PCP Members: Dr. Andriole (chair) & Janson Department of Health v. Raymond Failer, D.O. Case Number 2016-19223 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. Department of Health v, Raymond Failer, 0.0, Case Number 2016-19223

Docket for Case No: 17-001549PL