STATE OF FLORIDA . DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, V. DOH Case No. 2015-08667 CARLOS E. RAMIREZ, M.D., Respondent. re | ADMINISTRATIVE COMPLAINT Petitioner, the Florida Department of Health (hereinafter “Petitioner”), files this Administrative Complaint before the Florida Board of Medicine (hereinafter the “Board”) against Respondent, Carlos E. Ramirez, M.D. (hereinafter “Respondent”), and in support hereof 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. Respondent's address of record is 323 N.E. 6th Avenue, Delray Beach, Florida 33483. 3. Onor about January 17, 2013, Respondent applied to the Board for a license to practice medicine. 4. On or about April 23, 2013, the Board referred Respondent to the Professional Resource Network, Inc. (hereinafter “PRN”), to arrange for a voluntary independent mental/physical evaluation to assess his ability to practice medicine with skill and safety. 5. Onor about June 6, 2013, Respondent and PRN entered into a Chemical Dependency Monitoring Contract (hereinafter the “monitoring contract”), 6. Pursuant to the terms of the monitoring contract, Respondent was required, among other things, to: a. Provide such written information as required to comply with the terms of the monitoring contract; b. | Withdraw from practice for evaluation at the request of PRN if any problem developed that potentially interfered with Respondent's ability to practice medicine; and c. Attend a weekly PRN-monitored professional group meeting. 7. On or about June 7, 2013, the Board approved Respondent's application for a license to practice medicine. DOH v. Carlos E. Ramirez, M.D., DOH Case Number 2015-08667 Administrative Complaint 2 8. On or about June 10, 2013, Respondent was issued license number ME 116421. 9. Onor about August 18, 2014, Respondent advised PRN that he had not been attending the weekly PRN-monitored professional group meetings as agreed. 10. In response, PRN advised Respondent that attending the weekly PRN-monitored professional group meetings was not an optional requirement under the terms of the monitoring contract. 11. On or about October 20, 2014, Respondent advised PRN that he was unable to modify his schedule to attend the weekly PRN-monitored professional group meetings. 12. Onor about November 4, 2014, Respondent missed a urine drug screen. 13. On or about November 13, 2014, PRN recommended that Respondent voluntarily withdraw from practice for a recovery status evaluation. PRN provided Respondent with a Voluntary Withdrawal from Practice form and asked that he complete and return it within 48 hours. PRN also provided Respondent with the names of several PRN evaluators from which to choose. DOH v. Carlos E. Rarnirez, M.D., DOH Case Number 2015-08667 Administrative Complaint 3 14. Respondent failed to complete and return the Voluntary Withdrawal from Practice form within 48 hours as requested by PRN. 15. On or about November 19, 2014, Respondent met with a PRN evaluator as requested. 16. On or about December 15, 2014, the PRN evaluator recommended Respondent undergo random PEth testing. The PRN evaluator was concerned that Respondent's behavior and non-compliance with the monitoring contract suggested relapse. The PRN evaluator also recommended Respondent undergo neuropsychological testing to assess certain diagnostic concerns and determine potential treatment modalities. 17. Onorabout December 17, 2014, PRN requested that Respondent complete and return the Voluntary Withdrawal from Practice form within 24 hours. PRN also requested that Respondent schedule an appointment for a neuropsychological evaluation. 18. Respondent failed to complete and return the Voluntary Withdrawal from Practice form within 24 hours as requested by PRN. 19. Respondent failed to schedule an appointment for a neuropsychological evaluation as requested by PRN. DOH v. Carlos E. Ramirez, M.D., DOH Case Number 2015-08667 Administrative Complaint 4 20. On or about January 12, 2015, PRN requested that Respondent immediately complete and return the Voluntary Withdrawal from Practice form and schedule an appointment for a neuropsychological evaluation. 21. Respondent failed to immediately complete and return the Voluntary Withdrawal from Practice form as requested by PRN 22. Respondent failed to immediately schedule an appointment for a neuropsychological evaluation as requested by PRN. 23. Respondent did not have good cause for his non-compliance with PRN’s requests and/or the terms of the monitoring contract. 24. On or about March 24, 2015, PRN terminated the monitoring contract after determining that Respondent was non-compliant. 25. Section 456.072(1)(hh), Florida Statutes (2012-2014), subjects a licensee to discipline for being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, Florida Statutes, for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program. DOH v. Carlos E. Ramirez, M.D., DOH Case Number 2015-08667 Administrative Complaint . 5 26. Respondent was terminated from PRN for failing to comply, without good cause, with the terms of the monitoring contract in one or more of the following ways: a. By failing to withdraw from practice as requested by PRN; b. By failing to schedule a neuropsychological evaluation as requested by PRN; and/or c. By failing to attend weekly PRN-monitored professional group meetings. 27. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2012-2014). WHEREFORE, Petitioner respectfully requests the Board 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education, and/or any other relief the Board deems appropriate. [Signature appears on the next page.] DOH v. Carlos E. Ramirez, M.D,, DOH Case Number 2015-08667 Administrative Complaint 6 SIGNED this twenty-ninth day of April, 2016. FILED DEPARTMENT OF DEPUTY CLERKS 7H CLERK: Jule send DATE: LAF NG PCP: April 29, 2016 Celeste Philip, MD, MPH Interim State Surgeon General Geoffrey — Esa. Assistant General Counsel Florida Bar No. 0010325 Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone (850) 245-4640, ext. 4661 Facsimile (850) 245-4684 E-mail Geoffrey.Christian@flhealth.gov Attorney for Petitioner PCP Members: G. El-Bahri, M.D.; G. Dolin, M.D.; Mr. N. Romanello DOH v. Carlos E. Ramirez, M.D,, DOH Case Number 2015-08667 Administrative Complaint DOH V. CARLOS E. RAMIREZ, M.D. DOH CASE NUMBER 2015-08667 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. DOH v. Carlos E, Ramirez, M.D., DOH Case Number 2015-08667 Administrative Complaint 8 en - ee a a =

Docket for Case No: 17-004893PL