STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO.: 2017-09179 RAUL A. TAMAYO, M.D., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, files this Administrative Complaint before the Board of Medicine against Respondent, Raul A. Tamayo, 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; chapter 456, Florida Statutes; and chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed medical doctor within the state of Florida, having been issued license number ME 51659. 3. | Respondent’s address of record is 5200 SW 8" Street, Suite 201A, Coral Gables, Florida 33134. DOH v. Raul A. Tamayo, M.D. 1 Case Number 2017-09179 4. On or about November 29, 2016, Patient R.V. presented to Mariner’s Hospital with Stage 3 decubitus and a fistula extending from her anal area out of her skin. 5. On or about November 29, 2016, the Monroe County Sheriff’s Department and the Department of Children and Families were contacted regarding possible elder abuse of Patient R.V. 6. The investigation revealed that Patient R.V. had been residing at an unlicensed assisted living facility (ALF) that was owned and operated by A.M. 7. From in or about May 2016, to in or about November 2016, Respondent was Patient R.V.’s physician while she was residing in the unlicensed ALF. 8. | From in or about January 2016, to in or about November 2016, Respondent also treated nine (9) other residents at the unlicensed ALF, Patient N.A; Patient G.D.; Patient O.G.; Patient S.C.1; Patient S.C.2; and Patient T.U. 9. At all times material to this Complaint, A.M. was not licensed as a nurse or as any other type of healthcare practitioner. DOH v. Raul A. Tamayo. 2 Case Number 2017-09179 10. At all times material to this Complaint, Respondent knew that A.M. was not licensed as a nurse or as any other type of healthcare practitioner. 11. At all times material to this Complaint, Respondent knew that A.M. was responsible for administering medications to Patient R.V.; Patient N.A.; Patient G.D.; Patient O.G.; Patient S.C.1; Patient S.C.2; and Patient Ru. 12. Section 458.331(1)(g), Florida Statutes (2015-2016), provides that it is a violation of chapter 458, Florida Statutes, to fail to perform any statutory or legal obligation placed upon a licensed physician. 13. Section 429.08(2)(a), Florida Statutes (2015-2016), provides that any health care practitioner, as defined in section 456.001, who is aware of the operation of an unlicensed assisted living facility shall report that facility to the Agency for Health Care Administration. Failure to report a facility that the practitioner knows or has reasonable cause to suspect is unlicensed shall be reported to the practitioner’s licensing board. 14. Section 456.001(4), Florida Statutes (2015-2016), defines health care practitioner as any person licensed under chapter 457; chapter 458; chapter 459; etc. DOH v. Raul A. Tamayo. 3 Case Number 2017-09179 15. Based on the foregoing, Respondent has violated section 458.331(1)(g), Florida Statutes, by failing to perform a statutory or legal obligation placed upon him by failing to report an unlicensed ALF to the Agency for Health Care Administration in violation of 429.08(2)(a), Florida Statutes. 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 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 appears on the following page.] DOH v. Raul A. Tamayo. 4 Case Number 2017-09179 SIGNED this 24th day of March 2020. Cynthia Nash- Early FILEL Cynthia Nash-Early om ; Assistant General Counsel DEPARTMENT OF HEA’ ... DEPUTY CLERK Florida Bar No. 20554 2 DOH-Prosecution Services Unit CLERK: j A Ric Sua? Contes 4052 Bald Cypress Way-Bin C-65 _ a 24 -29029 Tallahassee, Florida 32399-3265 (850) 558-9872 (850) 245-4684 fax E-Mail: Cynthia. NashEarly@flhealth.gov CNE/rr PCP Date: March 20, 2020 PCP Members: Georges El Bahri, M.D.; Hector Vila, M.D.; and Brad Levine DOH v. Raul A. Tamayo. Case Number 2017-09179 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. Raul A. Tamayo. 6 Case Number 2017-09179

Docket for Case No: 20-002735PL