Elawyers Elawyers
Washington| Change

DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE vs EDWIN MOORE, D.O., 20-001504PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-001504PL Visitors: 20
Petitioner: DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE
Respondent: EDWIN MOORE, D.O.
Judges: LISA SHEARER NELSON
Agency: Department of Health
Locations: Gainesville, Florida
Filed: Mar. 23, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 15, 2020.

Latest Update: Jun. 15, 2024
STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. DOH CASE NO.: 2019-16799 EDWIN MOORE, D.O., Respondent. a | ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, Edwin Moore, D.O., and alleges: 1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to section 20.43, Florida Statutes (2019); and chapters 456 and 459, Florida Statutes (2019). 2. At all times material to this complaint, Respondent was licensed as an osteopathic physician within the State of Florida, having been issued license number OS 7951. 3. Respondent's address of record is 12656 181st Road, Live Oak, Florida 32060. 4. On or about September 24, 2019, Scott Teitelbaum, M.D., (Dr. Teitelbaum) an expert in addiction medicine, evaluated Respondent pursuant to a Department order. 5. Dr. Teitelbaum diagnosed Respondent with: (a) (b) (c) (d) (e) (f) Moderate to severe alcohol use disorder, Moderate sedative-hypnotic use disorder; Posttraumatic stress disorder; Depressive disorder; Anxiety disorder; and/or Subacute embolic ischemic stroke. 6. Dr. Teitelbaum opined that Respondent is not safe to practice osteopathic medicine with reasonable skill and safety to patients. 7. Section 459.015(1)(w), Florida Statutes (2019), authorizes discipline against a licensee for being unable to practice osteopathic medicine with reasonable skill and safety to patients by reason of illness or as a result of any mental or physical condition. 8. | Respondent is unable to practice osteopathic medicine with reasonable skill and safety to patients due to his: (a) DOH v. Edwin Moore, D.O. Case No. 2019-16799 Moderate to severe alcohol use disorder, (b) Moderate sedative-hypnotic use disorder; (c) Posttraumatic stress disorder; (d) Depressive disorder; (e) Anxiety disorder; and/or (f) Subacute embolic ischemic stroke. 9. Based on the foregoing, Respondent violated section 459.015(1)(w) by being unable to practice osteopathic medicine with reasonable skill and safety to patients. 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. [ Remainder of page left intentionally blank.) DOH v. Edwin Moore, D.O. Case No, 2019-16799 SIGNED this 26th day of November, 2019. Scott A. Rivkees, M.D. State Surgeon General DEPARTMENT OF He HEALTH eneta onl Angel enous Florida Bar No.: 120299 “iE DEC 0 2 2019 4052 Bald Cypress Way / C-65 Tallahassee, FL 32399 major.thompson@fihealth.gov (850) 558-9912 PCP Date: November 26, 2019 PCP Members: Glenn Moran, D.O.; Joel Rose, D.O. DOH v. Edwin Moore, D.O. Case No. 2019-16799 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. Edwin Moore, D.O. Case No. 2019-16799

Docket for Case No: 20-001504PL
Issue Date Proceedings
Jun. 15, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 15, 2020 Joint Motion to Relinquish Jurisdiction filed.
Jun. 12, 2020 Notice of Taking Deposition via Video Teleconference (Rebecca Coty) filed.
Jun. 11, 2020 Notice of Taking Deposition via Video Teleconference (Katherine Moore) filed.
Jun. 10, 2020 Order Regarding Presentation of Witnesses.
Jun. 08, 2020 CASE STATUS: Status Conference Held.
Jun. 04, 2020 Notice of Telephonic Status Conference (status conference set for June 8, 2020; 10:00 a.m.).
Jun. 04, 2020 Petitioner's Notice of Cancellation of Deposition via Video Teleconference filed.
Jun. 04, 2020 Notice of Appearance (Chase Den Beste) filed.
May 29, 2020 Joint Response to Procedural Order filed.
May 22, 2020 Notice of Taking Deposition Via Video Teleconference (Mary Hennessey-Moore) filed.
May 22, 2020 Notice of Taking Deposition VIA Video Teleconference filed.
May 22, 2020 Procedural Order.
May 05, 2020 Notice of Court Reporter filed.
May 04, 2020 Amended Notice of Telephonic Pre-hearing Conference (pre-hearing conference set for June 17, 2020; 10:00 a.m.).
May 04, 2020 Order Rescheduling Hearing by Video Teleconference (hearing set for July 10, 2020; 9:30 a.m.; Gainesville and Tallahassee, FL).
Apr. 30, 2020 Order on Pending Motions (parties to advise status by May 1, 2020).
Apr. 24, 2020 Petitioner's Unopposed Motion to Continue the Final Hearing filed.
Apr. 24, 2020 Petitioner's Unoppossed Motion for Respondent to Undergo a Mental and Physical Examination with Neuropsychological Testing filed.
Apr. 10, 2020 Notice of Telephonic Pre-hearing Conference (set for May 8, 2020; 10:00 a.m.).
Apr. 10, 2020 Order of Pre-hearing Instructions.
Apr. 10, 2020 Notice of Hearing by Video Teleconference (hearing set for May 28, 2020; 9:30 a.m.; Gainesville and Tallahassee, FL).
Mar. 30, 2020 Joint Response to Initial Order filed.
Mar. 24, 2020 Notice of Serving Petitioner's First Request for Admissions, First Set of Interrogatories, and First Request for Production filed.
Mar. 23, 2020 Initial Order.
Mar. 23, 2020 Administrative Complaint filed.
Mar. 23, 2020 Election of Rights filed.
Mar. 23, 2020 Agency action letter filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer