STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF MEDICINE, )

)

Petitioner, )

)

vs. ) CASE NO. 90-7021

)

RANJAN C. SHAH, M.D., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled case on April 5, 1991, at Tallahassee, Florida.

APPEARANCES

For Petitioner: Richard A. Grumberg, Esquire

Department of Professional Regulation

1940 N. Monroe Street Tallahassee, FL 32399-0750

For Respondent: Ranjan C. Shah, pro se

1604 Chase Village Drive Jonesboro, GA 30236

STATEMENT OF THE ISSUES

Whether Respondent met continuing medical education requirements for license renewal in 1988.

PRELIMINARY STATEMENT

By Administrative Complaint filed July 16, 1990, the Department of Professional Regulation, Petitioner, seeks to revoke, suspend or otherwise discipline the license of Ranjan C. Shah, Respondent, as a medical doctor. As grounds therefor, it is alleged that Respondent failed to complete the five hours of continuing education in the area of risk management during the period January 1, 1986 through December 31, 1987, and obtained renewal of her license by fraudulently representing completion of courses in this area of continuing medical education. At the commencement of the hearing, Petitioner withdrew the allegation of fraudulent representation, leaving only the issue of whether Respondent completed five hours of continuing education in the area of risk management. Thereafter, Petitioner called one witness, Respondent testified in

her own behalf, and five exhibits were admitted into evidence. At the conclusion of the hearing, the parties waived the right to submit proposed recommended orders.

Having considered all evidence presented, I submit the following:

FINDINGS OF FACT

1. At all times relevant hereto, Respondent was licensed by the Florida Board of Medical Examiners to practice medicine in Florida.

   
   

2. In 1987, Dr. Shah attended a continuing education course at Harvard Medical School during the period March 9-14, 1987, for which she received 48 credit hours in Category I of the Physician's Recognition Award of the American Medical Association. (Exhibit 2)

   
   

3. At the time this course was given in 1987 at the Harvard Medical School, risk management credits were not given to the participants unless they were members of the Massachusetts General Hospital professional staff. However, many of the lectures presented at the 1987 Continuing Education Seminar are essentially similar to lectures accredited for risk management in the seminar given March 11-16, 1991. (Exhibit 3)

   
   

4. Although only one of the lectures given during the 1987 seminar specifically covered medical-legal issues for which Respondent was given one hour credit in risk management, the doctor presenting that lecture opined that, considering the risk management aspects of the various lectures presented to Respondent, at least half a dozen qualified for risk management credits. (Exhibit 4)

   
   

5. Petitioner's one witness who testified in these proceedings opined that the seminar attended by Respondent in 1987 did not meet the risk management requirements contained in the rules of the Board of Medicine. Rule 21M- 28.002(2), Florida Administrative Code. No specific facts were presented to support this opinion except that the courses offered did not specifically include medical malpractice lectures.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

7. The 48 hour course taken by Respondent in 1987 meets the requirement of Rule 21M-28.002(6), Florida Administrative Code. Rule 21M-28.002 provides in pertinent part:

   
   

   1. Every physician licensed pursuant to Chapter 458, Florida Statutes, shall be required to complete 40 hours of continuing medical education courses approved by the Board in the 24 months preceding each biennial renewal period as established by the Department. At least 5 of such continuing medical education hours required for renewal shall concern risk management.

      (2)(a). For the purposes of this rule,

      risk management means the identification, investigation, analysis, and evaluation of risks and the selection of the most advantageous method of correcting, reducing, or eliminating identifiable risks.

      (b). The five hours of continuing medical education in the subject area of risk management may be obtained by the completion of formal courses, as provided in (6) of this rule, or by attending one full day or eight (8) hours, whichever is more, of disciplinary hearings at a regular meeting of the Board of Medicine . . . .

      
      

8. Here Respondent's testimony that the courses she took at Harvard in 1987 contained the equivalent of five hours or more in risk management is corroborated by the letters admitted into evidence from the doctors organizing and presenting lectures at this seminar. Petitioner's witness testified that she looked at the curriculum for the seminar and, finding no subjects identified as risk management, concluded that the five hours of risk management courses were not met. Respondent's testimony corroborated by Exhibits 3 and 4 is more credible.

   
   

9. From the foregoing, it is concluded that the Continuing Education Seminar which Ranjan C. Shah attended in 1987 at Harvard Medical School satisfied the five hours risk management subjects required by Rule 21M-28.002, Florida Administrative Code.

RECOMMENDATION

It is recommended that a Final Order be entered dismissing the Administrative Complaint filed against Ranjan C. Shah on July 16, 1990.

DONE and ORDERED this 10th day of April, 1991, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 10th day of April, 1991.

COPIES FURNISHED TO:

Richard A. Grumberg, Esquire Department of Professional

Regulation Northwood Centre

1940 North Monroe Street Suite 60

Tallahassee, FL 32399-0792

Ranjan C. Shah, M.D. 1604 Chase Village Drive Jonesboro, GA 30236

Dorothy Faircloth Executive Director Department of Professional

Regulation Northwood Centre

1940 North Monroe Street Suite 60

Tallahassee, FL 32399-0792

Jack McRay General Counsel

Department of Professional Regulation

Northwood Centre

1940 North Monroe Street Suite 60

Tallahassee, FL 32399-0792

=================================================================

AGENCY FINAL ORDER

=================================================================

DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF MEDICINE

DEPARTMENT OF PROFESSIONAL REGULATION,

Petitioner,

DOAH CASE NO. 90-7021

-vs- DPR CASE NUMBER: 90-005145

LICENSE NUMBER: ME 0046271

RANJAN C. SHAH, M.D.,

Respondent.

/

FINAL ORDER

THIS MATTER was heard by the Board of medicine pursuant to section 120.57(1)(b)10., Florida Statutes, on May 31, 1991, in Orlando, Florida, for consideration of the Hearing Officer's Recommended Order (a copy of which is attached as Exhibit A) in the case of the Department of Professional Regulation

v. Ranjan C. Shah, M.D., DOAH Case No. 90-7021. At the hearing, Petitioner was represented by Bruce D. Lamb, Chief Trial Attorney. Respondent appeared at the hearing, but was not represented by legal counsel. Upon consideration of the Hearing Officer's Recommended Order, after review of the entire record, and having been otherwise fully advised in its premises, the Board makes the following findings and conclusions.

The Board finds that the Recommended Order of the Hearing Officer does not comply with the essential requirements of law. The findings of fact set forth by the Hearing Officer in his Recommended Order are no more than a recitation of the testimony set forth at the formal hearing in this cause. Furthermore, the ultimate finding of fact, which has been set forth by the Hearing Officer as a conclusion of law, is not supported by competent substantial evidence in the record at the formal hearing. Therefore, the Recommended Order of the Hearing officer is REJECTED. However, after review of the entire record, the Board finds that it is appropriate to dismiss the Administrative Complaint filed against the Respondent in this matter.

THEREFORE, it is hereby ORDERED AND ADJUDGED that the Administrative Complaint filed against the Respondent in DPR Case No. 90-005145 should be and is hereby DISMISSED.

This Final Order becomes effective upon its filing with the Board clerk.

DONE AND ORDERED this 12th day of July , 1991.

BOARD OF MEDICINE

ZACHARIAH P. ZACHARIAH, M.D. CHAIRMAN

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been provided by certified U.S. mail to Ranjan C. Shah, M.D., 1604 Chase Village Drive, Jonesboro, Georgia 30236, and by interoffice delivery to Bruce D. Lamb, Chief Trial Attorney, Department of Professional Regulation, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-0792, at or before 5:00 P.M., this 18th day of July , 1991.

DOROTHY J. FAIRCLOTH

Executive Director

Docket for Case No: 90-007021

Orders for Case No: 90-007021