STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. DOH Case No. 2019-45341 MARCUS DENARD FREEMAN, M.D., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Health (the Department), hereby files this Administrative Complaint before the Board of Medicine (the Board) against Respondent, Marcus Denard Freeman, M.D. (Respondent), in the above styled and numbered matter. The Department alleges: 1. The Department regulates the practice of medicine in Florida pursuant to section 20.43, Florida Statutes, and chapters 456 and 458, Florida Statutes. 2. Atall times material hereto, Respondent was a licensed physician in Florida, having been issued license number ME 137197. 3. | The Department's address of record for Respondent is 2316 West 23rd Street, Panama City, Florida 32407. 4. | At some point in or around 2019, the Alabama Board of Medical Examiners issued a Certificate of Qualification to Respondent. 5. At some point thereafter, Respondent applied to the Medical Licensure Commission of Alabama (the Commission) for a license to practice medicine or osteopathy in Alabama. 6. Onor about September 25, 2019, the Commission conducted a hearing on Respondent's application, at which hearing Respondent appeared by video teleconference and testified. 7. Based on the evidence received at the hearing and Respondent’s application, the Commission concluded that Respondent committed fraud in applying for or procuring a Certificate of Qualification to practice medicine or osteopathy or a license to practice medicine or osteopathy in Alabama. 8. | The Commission also concluded that Respondent was unable to practice medicine or osteopathy with reasonable skill and safety to patients by reason of a demonstrated lack of basic medical knowledge or clinical competency. 9. On or about October 2, 2019, the Commission issued a Notice advising that Respondent's application for licensure to practice medicine or osteopathy in Alabama was denied. DOH v. Marcus Denard Freeman, M.D. DOH Case Number 2019-45341 Administrative Complaint Page 2 of 5 10. Section 458.331(1)(b), Florida Statutes (2019), subjects a licensee to discipline for 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 or subdivisions. The licensing authority's acceptance of a physician's relinquishment of a license, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of administrative charges against the physician’s license, shall be construed as action against the physician’s license. 11. Based on the foregoing, Respondent violated section 458.331(1)(b), Florida Statutes. WHEREFORE, the Department 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. [This space intentionally left blank.] DOH v. Marcus Denard Freeman, M.D. DOH Case Number 2019-45341 Administrative Complaint Page 3 of 5 SIGNED this seventeenth day of April, 2020. Scott A. Rivkees, M.D. State Surgeon General Geoffrey M. Christian Geoffrey M. Christian, Esq. Assistant General Counsel Florida Bar No. 0010325 Department of Health Prosecution Services Unit OE UTY ane 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 ouErK: Srol? Conte? Telephone (850) 245-4661 ’ Facsimile (850) 245-4684 DATE. q. |]. 2920 E-mail geoffrey.christian@flhealth.gov Attorney for Petitioner PCP Date: April 17, 2020 PCP Members: M. Avila, M.D.; Z. Zachariah, M.D.; N. Romanello, J.D. DOH v. Marcus Denard Freeman, M.D. DOH Case Number 2019-45341 Administrative Complaint Page 4 of 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 twenty-one (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 twenty-one (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 the Department 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 Respondent in addition to any other discipline imposed. DOH v. Marcus Denard Freeman, M.D. DOH Case Number 2019-45341 Administrative Complaint Page 5 of 5

Docket for Case No: 20-003440PL