STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-11917 JOSEPH C. DORN, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Medicine (Board) against Joseph C. Dorn, 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 (2017); Chapter 456, Florida Statutes (2017); and Chapter 458, Florida Statutes (2017). 2. Atall times material to this Complaint, Respondent was licensed to practice medicine within the State of Florida, having been issued license number ME 66526. 3. At all times material to this Complaint, Respondent's address of record was MMTC of Florida,! (MMTC of Florida) 1639 Village Square Boulevard, Tallahassee, Florida 32309. 1639 Village Square Boulevard, is also the address of a dispensing location and processing facility belonging to Surterra Wellness Centers, (Surterra) a licensed Medical Marijuana Treatment Center pursuant to Section 381.986, Florida Statutes (2017). 4, Respondent also maintained MMTC of Florida practice location(s) at 1908-4 Capital Circle Northeast, Tallahassee, Florida 32308 (Capital Circle location); and/or 2777 Miccosukee Road, Tallahassee, Florida 32308 (Miccosukee location). 5. On June 30, 2017, Department staff conducted an inspection of the Capital Circle location of MMTC of Florida, including the “examination rooms.” 6. At the time of the inspection, there was no medical equipment inside the office except for a stethoscope. 7. Respondent ordered medical marijuana or low-THC cannabis for the following amount of patients between February 2017 and June 2017: a. 35 patients in February 2017 b. 98 patients in March 2017 (including 63 new patients) 1 Medical Marijuana Treatment Clinics of Florida Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No, 2017-11917 c. 125 patients in April 2017 (including 94 new patients) d. 349 patients in May 2017 (including 191 new patients) e. 593 patients in June 2017 (including 258 new patients) 8. Respondent ordered medical marijuana and low-THC cannabis for the following amount of patients between July 2017 and January 2018:2 . 1,191 patients in July 2017 (including 757 new patients) a b. 1,378 patients in August 2017 (including 586 new patients) c. 372 patients in September 2017 (including 236 new patients) . 488 patients in October 2017 (including 315 new patients) a e. 486 patients in November 2017 (including 346 new patients) 382 patients in December 2017 (including 212 new patients) ch g. 363 patients in January 2018 (including 199 new patients) 9. Between February 2017 and January 2018, Respondent issued medical marijuana orders for a total of 3,292 new patients. 10. Respondent charged $299.00 for each new patient appointment. ? On June 23, 2017, Senate Bill 8-A, modifying Section 381.986, Florida Statutes, was signed into law. The 2017 version of Section 381.986 removed the requirement that a patient be treated by a qualified physician for a period of 3 months immediately prior to the physician placing the patient's registration in the Medical Marijuana Use Registry. The law also now permits a physician to order up to three 70-day supply limits of medical marijuana for patients where the prior version of the law limited the amount a physician may order to one 45-day supply. 3 Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No, 2017-11917 Facts Related to “Patient B.D.” 11. On or about November 13, 2017, a Department of Health investigator, acting in an undercover capacity, scheduled an appointment with Respondent at the Capital Circle location of MMTC of Florida for the purpose of being placed in the medical marijuana use registry pursuant to Section 381.986, Florida Statutes (2017). 12. The undercover investigator posed as Patient B.D., a 30-year-old male. 13. On or about November 20, 2017, Patient B.D. presented to Respondent at the Capital Circle location of MMTC of Florida for his scheduled appointment. 14. Patient B.D. completed a preliminary medical questionnaire and indicated that he suffered from muscle spasms and anxiety. 15. Patient B.D. informed Respondent that he suffered from anxiety, difficulty sleeping, cold sweats, back pain, and/or leg pain. 16. Respondent prompted Patient B.D. and asked if he had been involved in any car accidents. Patient B.D, stated that he was involved in a car accident approximately eight years before the appointment but did not provide details related to the severity of the accident and/or its effect on his 4 Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 health. 17. Respondent documented that Patient B.D.’s car accident caused Patient B.D. to have PTSD.3 18. Respondent documented in Patient B.D.’s patient records that Patient B.D.’s PTDS symptoms included: anxiety; flashbacks; depression; interpersonal dysfunction; occupational dysfunction; sleep disturbance; nightmares; irritability; intrusive thoughts; and/or hypervigilance. 19. Patient B.D. did not suffer from, or disclose to Respondent that he suffered from: flashbacks; depression; interpersonal dysfunction; occupational dysfunction; nightmares; irritability; intrusive thoughts; and/or hypervigilance. 20. Respondent failed to have adequate medical justification to support the diagnosis of PTSD. 21. Patient B.D. informed Respondent that he was “more functional” when under the influence of marijuana. 22. Respondent failed to discuss Patient B.D.’s reported consumption of recreational marijuana. 3 PTSD, or post-traumatic stress disorder, is categorized by the American Psychiatric Association in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders as a trauma and stressor-related disorder 5 Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 23. Respondent asked Patient B.D. what amount of pain Patient B.D. experienced. 24. Patient B.D. informed Respondent that he experienced a minimal amount of pain. 25. Respondent gestured to Patient B.D. in a manner to suggest that Patient B.D. should provide a higher pain level. 26. Patient B.D. informed Respondent that his pain level was an “eight” on a scale of one-to-ten. 27. Respondent asked Patient B.D. how anxiety affected his work, social life, relationships, and life in general. 28. Patient B.D. responded “nine”; however, Respondent advised Patient B.D. that he would write “ten” in the chart due to the level of pain Patient B.D. disclosed. 29. Respondent documented in Patient B.D.’s patient records that Patient B.D. valued the severity of his purported “PTSD” at-a level of “eight” on a scale of one-to-ten. 30. Patient B.D. did not report to Respondent that he valued the severity of his PTSD at a level of “eight,” and/or otherwise discuss the purported diagnosis of PTSD. Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 31. Respondent failed to conduct a physical examination of Patient B.D. 32. Respondent failed to conduct a full assessment of Patient B.D.’s medical history. 33. Respondent failed to collect any medical records supporting Patient B.D.’s purported condition or medical history. 34, Respondent failed to adequately determine that the medical use of marijuana would likely outweigh the potential health risks to Patient B.D. 35. Respondent failed to review Patient B.D.'s controlled drug prescription history in the prescription drug monitoring program database. 36. Respondent issued a physician certification for Patient B.D. and placed two orders for medical marijuana for Patient B.D. for 7000 mg THC.* 37. Patient B.D. paid $299.00 in cash for the appointment. 38. Respondent created and/or electronically signed Patient B.D.’s patient records on August 16, 2018. 39. On August 16, 2018, the Department issued Subpoena Number A-0106271 requesting Respondent's patient records for Patient B.D. 4 THC or Tetrahydrocannabinol is a psychoactive cannabinoid in cannabis. 7 Administrative Complaint Dep’t of Health v. Joseph Dorn, M.D. DOH Case No, 2017-11917 Facts Related to “Patient 0.G.” 40. On or about April 24, 2018, a Department investigator, acting in an undercover capacity, scheduled an appointment with Respondent at the Capital Circle location of MMTC of Florida for the purpose of being placed in the medical marijuana use registry pursuant to Section 381.986, Florida Statutes (2017). 41. The undercover investigator posed as Patient O.G., a 36-year- old male. 42, On or about April 26, 2018, Patient O.G. presented to Respondent at the Capital Circle location of MMTC of Florida. 43. Patient O.G. provided Respondent with a handwritten medical record consisting of one page showing Patient O.G. suffered from symptoms of PTSD. The record was purportedly created in 2008. 44. Patient 0.G.’s purported medical record documented that Patient O.G. was prescribed Xanax.5 45. Respondent failed to determine whether Patient O.G. was still 5 Xanax is the brand name for alprazolam and is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2017), alprazolam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule II] and has a currently accepted medical use in treatment in the United States. Abuse of alprazolam may lead to limited physical or psychological dependence relative to the substances in Schedule III. Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 prescribed Xanax and/or Zoloft. 46. Patient O.G. indicated that he had flashbacks and trouble sleeping. 47. Patient O.G. informed Respondent that he previously consumed marijuana that he obtained from “friends.” 48. Respondent documented in Patient O.G.’s patient records that Patient O.G.'s symptoms included persistent: anxiety; flashbacks; depression; interpersonal dysfunction; occupational dysfunction; sleep disturbance; nightmares; irritability; intrusive thoughts; and/or hypervigilance. 49. Patient O.G. did not suffer from, or disclose to Respondent that he suffered from persistent: anxiety; depression; interpersonal dysfunction; occupational dysfunction; nightmares; irritability; intrusive thoughts; and/or hypervigilance. 50. Respondent documented in Patient O.G.’s patient records that Patient O.G. valued the severity of his PTSD at a level of “eight” on a scale of one-to-ten. 51. Patient O.G. did not report to Respondent that he valued the severity of his PTSD at a level of “eight.” Administrative Complaint ° Dep't of Health v. Joseph Darn, M.D. DOH Case No. 2017-11917 52. Respondent diagnosed Patient O.G. with PTSD.6 Respondent failed to have adequate medical justification to support the diagnosis of PTSD. 53. Respondent failed to conduct a physical examination of Patient 0.G. 54. Respondent failed to conduct a full assessment of Patient 0.G.'s medical history. 55. Respondent failed to adequately determine that the medical use of marijuana would likely outweigh the potential health risks to Patient O.G. 56. Respondent failed to review Patient O.G.’s controlled drug prescription history in the prescription drug monitoring program database. 57. Respondent issued a physician certification for Patient O.G. and placed three orders for 7,000 milligrams THC inhalation; 7,000 milligrams THC oral; 7,000 milligrams CBD inhalation; and/or 7,000 CBD oral. 58. Patient O.G. paid $299.00 in cash for the appointment. 59. Respondent created and/or electronically signed Patient O.G.'s patient records on August 16, 2018. 6 PTSD, or post-traumatic stress disorder, is categorized by the American Psychiatric Association in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders as a trauma and stressor-related disorder 10 Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No, 2017-11917 60. On August 16, 2018, the Department issued Subpoena Number A-006272 requesting Respondent's patient records for Patient O.G. Counts Related to Section 458.331(4)(uu) 61. Section 458.331(1)(uu), Florida Statutes (2017), provides that it is a violation to issue a physician certification, as defined in Section 381.986, Florida Statutes (2017), in a manner out of compliance with the requirements of that section and rules adopted thereunder. 62. Section 381.986(4)(a), Florida Statutes (2017), provides in pertinent part that a qualified physician many issue a physician certification only if the qualified physician: 1. Conducted a physical examination while physically present in the same room as the patient and full assessment of the medical history of the patient. 2. Diagnosed the patient with at least one qualifying medical condition. 3. Determined that the medical use of marijuana would likely outweigh the potential health risks for the patient, and such determination must be documented in the patient’s medical record. 5. Reviewed the patient's controlled drug prescription history in the prescription drug monitoring program database established pursuant to Section 893.055, Florida Statutes (2017). Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 Count I 63. Petitioner realleges and incorporates paragraphs 1 through 39 and 61-62 as if fully set forth herein. 64. Respondent issued a physician certification for Patient B.D. out of compliance with the requirements of Section 381.986, Florida Statutes (2017), in one of more of the following ways: a. By failing to conduct a physical examination of Patient B.D.; b. By failing to conduct a full assessment of Patient B.D.'s medical history; c. By failing to appropriately or accurately diagnose the Patient B.D. with at least one qualifying medical condition; d. By failing to adequately determine that the Patient B.D.’s medical use of marijuana would likely outweigh the potential health risks; and/or e. By failing to review Patient B.D.’s controlled drug prescription history. 65. Based on the foregoing, Respondent violated Section 458.331(1)(uu), Florida Statutes (2017). 12 Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 Count II 66. Petitioner realleges and incorporates paragraphs 1 through 10, and 40 through 62, as if fully set forth herein. 67. Respondent issued a physician certification for the Patient O.G. out of compliance with the requirements of Section 381.986, Florida Statutes (2017), in one of more of the following ways: a, By failing to conduct a physical examination of Patient O.G.; b. By failing to conduct a full assessment of Patient O.G.'s medical history; c. By failing to appropriately diagnose Patient O.G. with at least one qualifying medical condition; d. By failing to adequately determine that the Patient 0.G.’s medical use of marijuana would likely outweigh the potential health risks; and/or e. By failing to review Patient 0.G.’s controlled drug prescription history. 68. Based on the foregoing, Respondent violated Section 458.331(1)(uu), Florida Statutes (2017). Count IIT 13 Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No, 2017-11917 69. Petitioner realleges and incorporates paragraphs 1 through 60 as if fully set forth herein. 70. Section 458.331(1)(k), Florida Statutes (2017), provides that it is a violation to make deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employ a trick or scheme in the practice of medicine. 71. Respondent made _ deceptive, untrue, or fraudulent representations in or related to the practice of medicine and/or employed a trick or scheme in the practice of medicine in one or more of the following ways: | a. by including false representations in Patient B.D.’s patient records to purportedly justify entering a physician certification for Patient B.D.; b. by including false representations in Patient O.G.’s patient records to purportedly justify entering a physician certification for Patient O.G.; c. By failing to create and/or complete Patient B.D. and/or Patient O.G.’s patient records until subpoenaed by the Department; 14 Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 d. By operating MMTC of Florida for the purpose of qualifying patients for medical marijuana use without having any necessary medical equipment in the office to be able to conduct adequate and appropriate physical examinations as required by law; e, By charging $299.00 per new patient appointment for the sole purpose of registering the patient(s) in the medical marijuana use registry; and/or f. By abusing his authorization as a qualifying physician by ordering medical marijuana or low-THC marijuana for over 3,000 new patients over a twelve-month period of time. 72. Based on the foregoing, Respondent violated Section 458.331(1)(k), Florida Statutes (2017). WHEREFORE, Petitioner respectfully requests that 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 that the Board deems appropriate. 15 Administrative Complaint Dep’t of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 SIGNED this 3 day of _May , 2019. Florida Department of Health FILED Chowunmo Kristen M. Summers CEPA EPUTY GlERK Chief Legal Counsel FL DOH Prosecution Services Unit CLERK: Chasuar Wows = 4957 Bald Cypress Way, Bin C-65 pate: __MAY 0 8 2019 Tallahassee, FL 32399-3265 Florida Bar Number 112206 (P) (850) 558-9909 (F) (850) 245-4662 (E) Kristen. Summers@fihealth. gov PCP: May 1, 2019 PCP Members: Dr. Vila; Dr. Avila; Ms. Goersch 16 Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917 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 any other discipline imposed. Administrative Complaint Dep't of Health v. Joseph Dorn, M.D. DOH Case No. 2017-11917

Docket for Case No: 19-004729PL