STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICINE, )

)

Petitioner, )

)

vs. ) CASE NO. 87-3183

) STANLEY A. RADVAN-ZIEMNOWICZ, M.D., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before William R. Cave, Hearing Officer, with the Division of Administrative Hearings on November 13, 1987, in Tallahassee, Florida. The issue for determination is whether disciplinary action should be taken against the Respondent's medical license, number 001733, based upon allegations set forth in the Amended Administrative Complaint.

APPEARANCES

For Petitioner: Susan Dranson, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: No appearance

BACKGROUND

By an Administrative Complaint dated July 10, 1987, filed with the Division of Administrative Hearings on July 31, 1987, and amended by order dated November 3, 1987, the Petitioner seeks to revoke, suspend or otherwise discipline Respondent's license to practice medicine in Florida. As grounds therefore, it is alleged that Respondent's license to practice medicine in the

State of Maryland was revoked on April 29, 1986 by the Commission of Medical Discipline of Maryland, the licensing authority for that state, which is a violation of Section 458.131(1)(b), Florida Statutes, and a basis for disciplinary action against the Respondent's medical license in the State of Florida.

In support of its charges, the Petitioner presented exhibits 1 through 4 which were received into evidence. Exhibits 2 and 3 were the depositions of Patricia Carrington, Executive Director, Maryland Board of Medical Examiners, and Valerie Ann Sansone, Chief of Licensing, Maryland Board of Examiners, respectively. Respondent failed to appear at the hearing.

The Petitioner submitted posthearing Proposed Findings of Fact and Conclusions of Law. A ruling on each proposed finding of fact has been made as reflected in the Appendix to thin Recommended Order. The Respondent failed to submit any posthearing Proposed Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. At all times material to this proceeding, Respondent was licensed to practice medicine in the State of Florida, with license number 0017339.

   
   

2. On October 25, 1979 the Commission on Medical Discipline of Maryland, licensing authority for the State of Maryland, revoked Stanley Radvan- Ziemnowicz's (Ziemnowicz) license to practice medicine in the State of Maryland.

   
   

3. On August 18, 1981 the commission on Medical Discipline of Maryland denied Ziemnowicz's petition for reinstatement from its order of revocation dated October 25, 1979.

   
   

4. On January 3, 1984, the Commission on Medical Discipline of Maryland granted Ziemnowicz a stay of its order dated October 25, 1979 revoking his license to practice medicine in the State of Maryland and placed him on probation.

   
   

5. On April 29, 1986 the Commission on Medical Discipline of Maryland entered an order withdrawing the stay of its order dated October 25, 1979 entered on January 3, 1984 and again revoked Ziemnowicz's license to practice medicine in the State of Maryland.

   
   

6. Stanley Radvan-Ziemnowicz whose license to practice medicine in Maryland was revoked on April 29, 1986 is the same Stanley Radvan-Ziemnowicz who is the Respondent in this

   
   

7. Respondent's license to practice medicine in the State of Maryland has not been reinstated since the entry of the Order by the Commission on Medical Discipline of Maryland, dated April 29, 1986, and Respondent's license to practice medicine in the State of Maryland is currently revoked.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, this proceeding, pursuant to Section 120.57(1), Florida Statutes.

   
   

9. Section 458.331(2), Florida Statutes, empowers the Board of Medical Examiners (Board) to revoke, suspend or otherwise discipline the license of a licensee found guilty of any one of the acts enumerated in Section 458.331(1), Florida 4 Statutes.

   
   

10. Section 458.331(1)(b), Florida Statutes, provides in pertinent part as follows:

    
    

    1. The following acts shall constitute grounds for which disciplinary action specified in subsection (2) may be taken:

       * * *

       (b) Having a license to practice medicine revoked, suspended, or otherwise acted

       against, including the denial of licensure, by the licensing authority of any state, territory, or country...

       
       

11. In disciplinary proceedings, the burden is upon the regulatory agency to establish facts upon which its allegations of misconduct are based. Balino

v. Department of Health and Rehabilitative Services, 348 So 2d 349 (1 DCA Fla.1977). The Petitioner has met its burden to show that by Respondent's license to practice medicine in Maryland has been revoked, thereby violating Section 458.331(1)(b), Florida

RECOMMENDATION

Based upon the Findings of Fact and Conclusions of Law recited herein, and there being no mitigating circumstances presented by the Respondent, it is RECOMMENDED that the Board enter a Final Order revoking Respondent's license to practice medicine in the State of Florida. Case No. 87-3183

Respectfully submitted and entered this 4th day of December, 1987, in Tallahassee, Leon County, Florida.

WILLIAM R. CAVE

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

FILED with the Clerk of the Division of Administrative Hearings this 4th day of December, 1987.

APPENDIX TO RECOMMENDED ORDER IN CASE NO. 87-3183

The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the Petitioner in this case.

Rulings on Proposed Findings of Fact Submitted by the Petitioner

1. Adopted in Finding or Fact 1.

2. Adopted in Finding of Fact 2.

3. Rejected as not supported by the evidence in the record in that the order of the Commission of August 18, 1981 denied Respondent's reinstatements to practice medicine.

4. Rejected as not supported by the evidence in the record in that it was the Order of January 3, 1984, that entered the stay and placed the Respondent on probation.

5. Adopted in Findings of Fact 5 and 6. 6.-7 Adopted in Finding of Fact 7.

Rulings on Proposed Findings of Fact Submitted by the Respondent

The Respondent did not submit any Proposed Findings of Fact or Conclusions of Law.

COPIES FURNISHED:

Susan Branson, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Stanley Radvan-Ziemnowicz, M.D. 9400 Old Georgetown Road Bethesda, Maryland 20014

Tom Gallagher, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Dorothy Faircloth Executive Director

Department of Professional Regulation Board of Medicine

130 N. Monroe St.

Tallahassee, Florida 32399-0750

Docket for Case No: 87-003183

Orders for Case No: 87-003183