STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF MEDICAL EXAMINERS, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1564

)

HERMANN BUENO, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came up for hearing before the undersigned hearing officer in the offices of the Division of Administrative Hearings, 101 Collins Building, Tallahassee, Florida, on January 14, 1976.

APPEARANCES

For Respondent: Shon Alan Saxon, Esquire

Post Office Box 809 Silver Springs, Florida

For Petitioner: Stephen Marc Slepin, Esquire

Suite 201, Ellis Building 1131 Executive Center Drive Tallahassee Florida 32301

1. The hearing dealt with a complaint filed by the Florida State Board of Medical Examiners against the Respondent seeking to revoke the Respondent's license to practice medicine in the State of Florida. This complaint charges Dr. Bueno with the violation of Section 458.120(1)(d), Florida Statutes, in that on May 18, 1973, the New Mexico Board of Medical Examiners found Dr. Bueno guilty of various acts of unprofessional and dishonorable conduct with regard to the practice of medicine and revoked his license to practice in New Mexico.

   That statutory section states in pertinent part:

   
   

   "(1) The Board shall have authority to deny an application for a license or to discipline a physician licensed under this chapter or any antecedent law who, after hearing, has been adjudged unqualified or guilty of any of the following: . . .

   (d) having his license to practice medicine revoked, suspended, annulled or having other disciplinary action taken or his application for a license denied by the proper licensing authority of another state, territory,

   or country."

2. It was not disputed at this hearing that the facts in the complaint filed by the Board of Medical Examiners of the State of Florida were true and that Dr. Bueno had, in fact, had his license revoked in New Mexico on the grounds of incompetent and unprofessional practices. The Respondent stated that although the allegations were true, the proceedings in New Mexico were unfair and that he was not given an adequate opportunity to be represented by counsel until the entry of the New Mexico Board was made final. At this hearing the Respondent was not permitted to question the validity of the decision of the New Mexico authorities, which decision was affirmed by the New Mexico courts. Such would have been a collateral attack On the decision of the foreign court which would not be appropriate at this proceeding.

   
   

3. This hearing officer is in some sympathy with Dr. Bueno's position in this matter, basically because of the wording of the above quoted statutory section. Under Florida Statutes it appears to be lawful for a medical doctor to have his license revoked because of acts or conduct committed in another state. This is so even if those acts committed in another jurisdiction would not be sufficient to revoke that doctor's license had those acts been committed within this state. The only criteria is that the license be revoked regardless of the reason. In this matter, however, the charges as proven in New Mexico would certainly have been sufficient to revoke Dr. Bueno's license in Florida.

Since the facts of the complaint are undisputed, there appears to be no other alternative but to recommend that the Florida Board of Medical Examiners revoke Dr. Bueno's license. It is, therefore, recommended that the Florida Board of Medical Examiners take action to revoke the Respondent's Dr. Hermann Bueno's, license to practice medicine in the State of Florida.

DONE and ORDERED this 28th day of January, 1976, in Tallahassee, Florida.

COPIES FURNISHED:

Shon Alan Saxon, Esquire

P. O. Box 809

Silver Springs, Florida Attorney for Respondent

Stephen Marc Slepin

Suite 201, Ellis Building 1131 Executive Center Drive Tallahassee, Florida Attorney for Petitioner

KENNETH G. OERTEL

Director

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-001564

Orders for Case No: 75-001564