Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: NATHAN R. PERRY, JR., M.D.
Judges: JAMES H. PETERSON, III
Agency: Department of Health
Locations: Jacksonville, Florida
Filed: Nov. 02, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 4, 2021.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2010-14667
NATHAN R. PERRY, JR., M.D.,
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the
Board of Medicine against the Respondent, Nathan R. Perry, Jr., M.D., and
in support thereof 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 61123.
At
3. | Respondent’s address of record is 1301 Monument Road, Suite
21, Jacksonville, Florida 32225.
4. Xanax is the brand name for alprazolam and is prescribed to
treat anxiety. According to Section 893.03(4), Florida Statutes, alprazolam
is a Schedule IV controlled substance that has a low potential for abuse
relative to the substances in Schedule III 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.
5. | Methadone is prescribed to treat pain. According to Section
893.03(2), Florida Statutes, methadone is a Schedule II controlled
substance that has a high potential for abuse and has a currently accepted
but severely restricted medical use in treatment in the United States.
Abuse of methadone may lead to severe psychological or physical
dependence.
6. | Oxycodone/APAP contains oxycodone and acetaminophen, or
Tylenol. According to Section 893.03(2), Florida Statutes, oxycodone is a
Schedule II controlled substance that has a high potential for abuse and
has a currently accepted but severely restricted medical use in treatment in
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
the United States. Abuse of oxycodone may lead to severe psychological
or physical dependence.
7. Valium is the brand name for diazepam and is prescribed to
treat anxiety. According to Section 893.03(4), Florida Statutes, diazepam
is a Schedule IV controlled substance that has a low potential for abuse
relative to the substances in Schedule III and has a currently accepted
medical use in treatment in the United States. Abuse of diazepam may
lead to limited physical or psychological dependence relative to the
substances in Schedule III.
8. Roxicodone contains oxycodone and is a Schedule II controlled
substance, pursuant to Chapter 893, Florida Statutes. A substance in
Schedule II has a high potential for abuse and has a currently accepted but
severely restricted medical use for the relief of moderate to severe pain.
Abuse of the substance may lead to severe psychological or physical
dependence.
9. Rule 64B8-9.013(3), Florida Administrative Code, provides as
follows:
The Board has adopted the following standards for the
use of controlled substances for pain control:
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
(a) Evaluation of the Patient. A complete medical
history and physical examination must be conducted
and documented in the medical record. The medical
record should document the nature and intensity of
the pain, current and past treatments for pain,
underlying or coexisting diseases or conditions, the
effect of the pain on physical and psychological
function, and history of substance abuse. The
medical record also should document the presence
of one or more recognized medical indications for
the use of a controlled substance.
(b) Treatment Plan. The written treatment plan
should state objectives that will be used to
determine treatment success, such as pain relief
and improved physical and psychosocial function,
and should indicate if any further diagnostic
evaluations or other treatments are planned. After
treatment begins, the physician should adjust drug
therapy to the Patient medical needs of each
patient. Other treatment modalities or a
rehabilitation program may be necessary depending
on the etiology of the pain and the extent to which
the pain is associated with physical and
psychosocial impairment.
10. On or about February 2, 2005 through March, 19, 2010,
Respondent prescribed the controlled substances methadone, diazepam,
oxycodone, roxicodone and alprazolam without justification and in
strengths and quantities which were potentially lethal to JM, a 44 year-old,
male who presented to Respondent with complaints of lower back pain.
11. On or about October 20, 2008 through July 15, 2010,
Respondent prescribed the controlled substances methadone, diazepam,
4
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
oxycodone, roxicodone and alprazolam without justification and in
strengths and quantities which were potentially lethal to BM, a 36 year-old,
female, and the wife of JM, who presented to Respondent with complaints
of knee pain.
12. Respondent did not refer or did not document a referral for JM
or BM to a psychiatrist, an orthopedic surgeon, a physical therapist, or an
interventional pain management specialist.
13. Respondent did not document or did not perform a complete
medical history and physical exam on JM or BM.
14. Respondent prescribed the controlled substance drugs
methadone, diazepam, oxycodone, roxicodone and alprazolam without
documenting or determining the following:
a. | The nature or intensity of JM and BM’s pain;
b. Current or past treatments of JM and BM’s pain;
c. The effect of pain on JM and BM’s physical or
psychological function;
d. Any history of substance abuse for JM and BM;
e. Whether JM and BM were taking the prescribed
medications or whether JM and BM were taking
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
illicit drugs by performing any drug screens by an
outside laboratory during the course of treatment;
f. Obtaining any diagnostic studies on JM and BM;
g. Obtaining any consultations from other specialists
on JM and BM;
h. Counsel JM and BM on the potential danger of
addiction and abuse of the medication being
prescribed.
i. Respondent did not develop or did not document a
treatment plan for JM and BM.
COUNT ONE
15. Petitioner realleges and incorporates paragraphs 1 through 14
as if fully set forth herein.
16. Section 458.331(1)(q), Florida Statutes (2006-2010), subjects a
licensee to discipline, including suspension, for prescribing, dispensing,
administering, mixing, or otherwise preparing a legend drug, including any
controlled substance, other than in the course of the physician’s
professional practice. For purposes of this paragraph, it shall be legally
presumed that prescribing, dispensing, administering, mixing, or otherwise
preparing legend drugs, including all controlled substances, inappropriately
6
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
or in excessive or inappropriate quantities is not in the best interest of the
patient and is not in the course of the physician’s professional practice,
without regard to his intent.
17. Respondent prescribed controlled substances inappropriately or
in excessive or inappropriate quantities in one or more of the following
ways:
a. By prescribing the controlled substances,
methadone, diazepam, oxycodone, roxicodone and
alprazolam without justification to patients JM and BM, as
outlined in paragraphs 1 through 14;
18. Based on the forgoing, Respondent violated Section
458.331(1)(q), Florida Statutes (2006-2010) when he prescribed the
controlled substances, methadone, diazepam, oxycodone, roxicodone and
alprazolam without justification and in potentially lethal doses, to JM and
BM, as outlined in paragraphs 1 through 9.
COUNT TWO
19. Petitioner realleges and incorporates paragraphs 1 through 14
as if fully set forth herein.
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
20. Section 458.331(1)(m), Florida Statutes (2006-2010), provides
that failing to keep legible medical records that justify the course of
treatment of the patient, including, but not limited to, patient histories;
examination results; test results; records of drugs prescribed, dispensed, or
administered; and reports of consultations and hospitalizations, constitutes
grounds for disciplinary action by the Board of Medicine.
21. Respondent failed to keep legible medical records justifying the
course of treatment for JM and BM in one or more of the following ways:
a. By failing to document justification for prescribing
methadone, diazepam, oxycodone, roxicodone and
alprazolam to JM and BM;
b. By failing to document referrals for JM and BM to a
psychiatrist, an orthopedic surgeon, a_ physical
therapist, or an interventional pain specialist;
c. By failing to document performance of a complete
medical history and physical exam on JM and BM;
d. __ By failing to document the nature or intensity of JM
and BM’s pain;
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
e. By failing to document current or past treatments of
JM and BM's pain;
f. By failing to document the effect of pain on JM and
BM's physical or psychological function;
g. By failing to document any history of substance
abuse for JM and BM;
h. By failing to document a treatment plan for JM and
BM;
i By failing to document a urine drug screen from an
outside laboratory on JM and BM;
j. By failing to document any diagnostic studies on JM
and BM.
22. Based on the foregoing, Respondent violated Section
458.331(1)(m), Florida Statutes (2006-2010), by failing to keep legible
medical records that justify the course of treatment for JM and BM.
COUNT THREE
23. Petitioner realleges and incorporates paragraphs 1 through 14
as if fully set forth herein.
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
24. Section 458.331(1)(t), Florida Statutes (2006-2010), subjects a
doctor to discipline for committing medical malpractice as defined in
Section 456.50, Florida Statutes. Section 456.50, Florida Statutes (2006-
2010), defines medical malpractice as the failure to practice medicine in
accordance with the level of care, skill, and treatment recognized in general
law related to health care licensure.
25. Level of care, skill, and treatment recognized in general law
related to health care licensure means the standard of care specified in
Section 766.102(1), Florida Statutes. Section 766.102(1), Florida Statutes,
defines the standard of care to mean“ . . . The prevailing professional
standard of care for a given health care provider shall be that level of care,
skill, and treatment which, in light of all relevant surrounding
circumstances, is recognized as acceptable and appropriate by reasonably
prudent similar health care providers. . . .”
26. Respondent failed to meet the required standard of care in one
or more of the following ways:
a. By prescribing methadone, diazepam, oxycodone,
roxicodone and alprazolam to JM and BM without
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
justification, as outlined in paragraphs 1 through
14;
b. By prescribing methadone, diazepam, oxycodone,
roxicodone and alprazolam to JM and BM in potentially
lethal doses, as outlined in paragraphs 1 through 14;
c. _ By failing to refer JM and BM to a psychiatrist, an
orthopedic surgeon, a physical therapist, or an
interventional pain specialist;
d. By failing to obtain a complete medical history
perform a physical exam on JM and BM;
e. By failing to obtain the nature or intensity of JM and
BM's pain;
f. By failing to obtain the current or past treatments of
JM and BM‘s pain;
g. _ By failing to obtain information on the effect of pain
on JM and BM’s physical or psychological function;
h. By failing to obtain any history of substance abuse
for JM and BM;
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
i. By failing to develop a treatment plan for JM and
BM;
j. By failing to obtain a urine drug screen from an
outside laboratory on JM and BM;
k. By failing to review or obtain any diagnostic studies
on JM and BM.
27. Based on the foregoing, Respondent has violated Section
458.331(1)(t), Florida Statutes (2006-2010), by committing medical
malpractice.
COUNT FOUR
28. Petitioner reincorporates and realleges paragraphs 1 through 14
as if fully set forth herein.
29. Section 458.331(1)(nn), Florida Statutes(2006-2010), provides
that violating any provision of chapters 456 or 458, Florida Statutes, or any
rules adopted pursuant thereto, is grounds for discipline by the Board of
Medicine.
30. Respondent violated Section 458.331(1)(nn), Florida Statutes
(2006-2010)) when he violated Rule 64B8-9.013(3), FAC in one or more of
the following ways:
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
a. By failing to document justification for prescribing
methadone, diazepam, oxycodone, roxicodone and
alprazolam to JM and BM;
b. By failing to document referrals for JM and BM to a
psychiatrist, an orthopedic surgeon, a_ physical
therapist, or an interventional pain specialist;
c. By failing to document performance of a complete
medical history and physical exam on JM and BM;
d. __ By failing to document the nature or intensity of JM
and BM'‘s pain;
e. By failing to document current or past treatments of
JM and BM’s pain;
f. By failing to document the effect of pain on JM and
BM’s physical or psychological function;
g. _ By failing to document any history of substance
abuse for JM and BM;
h. By failing to document a treatment plan for JM and
BM;
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
i. By failing to document a medication management
agreement on any visits but still prescribing
controlled substances;
j. By failing to document a urine drug screen from an
outside laboratory on JM and BM;
k. By failing to document any diagnostic studies on JM and
BM.
31. Based on the foregoing, Respondent has violated Section
458.331(1)(nn), Florida Statutes (2006-2010), by violating Rule 64B8-
9.013(3), FAC.
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
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 or any other relief that the
Board deems appropriate.
SIGNED this__<%%_ day of ghee ___, 2012.
John H. Armstrong, MD
State Surgeon General and
Secretary of Health
Tan Brown
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, BIN C-65
FILED aurH Tallahassee, FL 32399-3265
DEPART TTY CLERK Florida Bar #499048
CLERK Angel Sanders Telephone (850) 245-4640
pare JUL 1 6 2012 Fax (850) 245-4681
IB/jb
PCP Date: 7/13/2012
PCP Members: Dr. Miguel, Dr. Bearison & Ms. Goersch
DOH v. Nathan B. Perry, M.D.,
Case No. 2010-14667
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.
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. Nathan B. Perry, M.D.,
Case No. 2010-14667
Docket for Case No: 20-004833PL
Issue Date |
Proceedings |
Mar. 10, 2021 |
Transmittal letter from Loretta Sloan forwarding Petitioner's proposed exhibits to Petitioner.
|
Mar. 04, 2021 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 04, 2021 |
Petitioner's Motion to Relinquish Jurisdiction without Prejudice filed.
|
Mar. 03, 2021 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Mar. 02, 2021 |
Petitioner's Motion in Limine Re: Trial Witnesses filed.
|
Mar. 01, 2021 |
Joint Pre-Hearing Stipulation filed.
|
Feb. 11, 2021 |
Petitioner's Third Notice of Taking Deposition Duces Tecum filed.
|
Jan. 27, 2021 |
Notice of Filing Response to Second Request for Admissions filed.
|
Jan. 19, 2021 |
Order Rescheduling Hearing by Zoom Conference (hearing set for March 10 and 11, 2021; 9:00 a.m., Eastern Time).
|
Jan. 19, 2021 |
Amended Order On Telephone Conference.
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Jan. 15, 2021 |
Order On Telphone Conference.
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Jan. 14, 2021 |
CASE STATUS: Motion Hearing Held. |
Jan. 14, 2021 |
Petitioner's Third Notice of Taking Deposition Duces Tecum filed.
|
Jan. 13, 2021 |
Notice of Taking Deposition Duces Tecum (Chaitoff) filed.
|
Jan. 12, 2021 |
Motion to Quash Notice of Taking Deposition filed.
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Jan. 12, 2021 |
Motion for Continuance filed.
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Jan. 12, 2021 |
Amended Administrative Complaint filed.
|
Jan. 12, 2021 |
Amended Administrative Complaint filed.
|
Jan. 08, 2021 |
Petitioner's Notice of Serving Responses to Respondent's Discovery Requests filed.
|
Jan. 06, 2021 |
Petitioner's First Notice of Taking Deposition (Rogers) filed.
|
Jan. 06, 2021 |
Petitioner's First Notice of Taking Deposition (Palladino) filed.
|
Jan. 06, 2021 |
Petitioner's First Notice of Taking Deposition Duces Tecum (Perry) filed.
|
Jan. 06, 2021 |
Petitioner's First Notice of Taking Deposition Duces Tecum (Gerber) filed.
|
Jan. 04, 2021 |
Order Granting Petitioner's Motion for Leave to Amend the Administrative Complaint.
|
Dec. 29, 2020 |
Petitioner's First Notice of Taking Deposition filed.
|
Dec. 29, 2020 |
Petitioner's First Notice of Taking Deposition filed.
|
Dec. 29, 2020 |
Petitioner's First Notice of Taking Deposition Duces Tecum filed.
|
Dec. 29, 2020 |
Petitioner's First Notice of Taking Deposition Duces Tecum filed.
|
Dec. 29, 2020 |
Petitioner's Motion for Leave to Amend the Administrative Complaint filed.
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Dec. 17, 2020 |
Notice of Serving Petitioner's Second Request for Admissions to Respondent filed.
|
Dec. 11, 2020 |
Petitioner's Notice of Filing Discovery Requests filed.
|
Dec. 11, 2020 |
Notice of Filing Response to Discovery Requests filed.
|
Nov. 30, 2020 |
Amended Notice of Hearing by Zoom Conference (hearing set for January 27 and 28, 2021; 9:00 a.m., Eastern Time).
|
Nov. 19, 2020 |
Petitioner's Notice of Court Reporter filed.
|
Nov. 10, 2020 |
Amended Notice of Hearing by Zoom Conference (hearing set for January 27 and 28, 2021; 9:00 a.m., Eastern Time).
|
Nov. 10, 2020 |
Order of Pre-hearing Instructions.
|
Nov. 10, 2020 |
Notice of Hearing by Zoom Conference (hearing set for January 27 and 28, 2021; 9:00 a.m., Eastern Time).
|
Nov. 10, 2020 |
Order of Consolidation (DOAH Case Nos. 20-4833, 20-4834)
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Nov. 09, 2020 |
Joint Response to Initial Order filed.
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Nov. 05, 2020 |
Joint Motion to Consolidate filed.
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Nov. 05, 2020 |
Notice of Appearance (Jamal Burk) filed.
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Nov. 05, 2020 |
Motion to Withdraw as Counsel filed.
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Nov. 05, 2020 |
Notice of Appearance (Julie Gallagher) filed.
|
Nov. 03, 2020 |
Notice of Serving Petitioner's First Request for Interrogatories, First Request for Production and First Request for Admissions to Respondent filed.
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Nov. 02, 2020 |
Notice of Appearance (Cynthia Nash-Early).
|
Nov. 02, 2020 |
Initial Order.
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Nov. 02, 2020 |
Notice of Appearance (Cynthia Nash-Early).
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Nov. 02, 2020 |
Petition for Hearing filed.
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Nov. 02, 2020 |
Administrative Complaint filed.
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Nov. 02, 2020 |
Agency referral filed.
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