STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NUMBER: 2018-06784 CHARLES GRAPER, M.D. RESPONDENT. DMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Charles Graper, M.D., and alleges: 1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; 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 45100. 3. Respondent’s address of record is 832 N.W. 57 Street, Gainesville, FL 32605-6415. | 4. The Georgia Board of Dentistry initiated disciplinary action against Respondent's license to practice dentistry on May 30, 2017 due to multiple reports of substandard care, two of which resulted in patient death. 5. The Georgia Office of State Administrative Hearings held a formal hearing on September 6, 2017 and found Respondent had engaged in unprofessional conduct on multiple occasions by failing to conform to the minimal standards of acceptable and prevailing dental practice, and had violated the statues, laws, rules, and regulations of the state relating to or . regulating the practice of dentistry, in violation of O.C.G.A. Sections 43-11- 47(a)(6) and (10). The Administrative Law Judge’s Order recommended that Respondent's license to practice dentistry be revoked. 6. On May 9, 2018 the Georgia Board of Dentistry adopted the recommended order in full, and revoked Respondent's license to practice dentistry. DOH v. Charles Graper, M.D. Case Number 2018-06784 2 7. Respondent voluntarily surrendered his Georgia medical license on June 7, 2018, because of the action taken by the Georgia Board of Dentistry. COUNTI 8. Petitioner re-alleges and. incorporates paragraphs one (1) through eight (8) as if fully set forth herein. . 9. Section 456.072(1)(f), Florida Statutes (2017), provides that having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, Including the denial of licensure, by the licensing authority of any jurisdiction, including its - agencies and subdivisions, is grounds for discipline. . 10. The Georgia Board of Dentistry is the licensing authority for the practice of dentistry in the State of Georgia. , 11. On May 9, 2018, the Georgia Board of Dentistry took action against Respondent's license by revoking his license to practice dentistry. 12. Based on the foregoing, Respondent has violated Section 456.072(1)(f) Florida Statutes (2017), by having his license to practice dentistry in the State of Georgia acted against. COUNT IT DOH v. Charles Graper, M.D. Case Number 2018-06784 : 3 13. Petitioner re-alleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 14. Section 458.331(1)(b), Florida Statutes (2017), provides that having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies and subdivisions, is grounds for discipline. 15. The Georgla Composite Medical Board is the licensing authority for the practice of medicine in the State of Georgia. 16. On June 7, 2018, the Georgia Composite Medical Board took action against Respondent's license by accepting the Voluntary Surrender of Respondent’s license to practice medicine in response to or in anticipation of disciplinary action. 17. Based on the foregoing, Respondent has violated Section 458.331(1)(b), Florida Statutes (2017), by having his license to practice medicine in the State of Georgia acted against. 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 DOH v. Charles Graper, M.D. Case Number 2018-06784 , 4 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 Z6t. day of Decewber , 2018. Celeste Philip, MD, MPH State Surgeon General William E Walker Florida Bar No.: 0123716 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 an Telephone (850) 588-9876 FILED Fax (850) 245-4684 OEP ARPUIY CLERK E-mail: william.walker@flhealth.gov ce HEY 8218. DATE PCP Date: 12-21-2018 PCP Members: Mark Avila, M.D. - Chairperson Steven Falcone, M.D. — Panel Member DOH v. Charles Graper, M.D. Case Number 2018-06784 5 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. DOH v. Charles Graper, M.D. Case Number 2018-06784 6

Docket for Case No: 19-003414PL