STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGENCY FOR HEALTH )

CARE ADMINISTRATION, )

)

Petitioner, )

)

vs. ) CASE NO. 96-4873

) ERNESTO C. JARANILLIA, M.D., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by Administrative Law Judge Don W. Davis, held a formal hearing in the above-styled case on December 16, 1996, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Kevin W. Crews, Esquire

Agency For Health Care Administration Post Office Box 14229

Tallahassee, Florida 32317-4229

For Respondent: No Appearance

STATEMENT OF THE ISSUES

The issue for determination is whether Respondent, a licensed physician, committed violations of Chapter 458, Florida Statutes, as alleged in the Administrative Complaint, sufficient to justify the imposition of disciplinary sanctions against his license.

PRELIMINARY STATEMENT

By Administrative Complaint issued November 1, 1996, Petitioner alleged that Respondent had violated Section 458.331(1)(b), Florida Statutes, by having a license to practice medicine subjected to discipline in the state of Michigan; and that Respondent had

violated Section 458.331(1)(kk), Florida Statutes, by failing to report that disciplinary action to Petitioner's Board of Medicine within 30 days.

The matter was subsequently transferred to the Division of Administrative Hearings for conduct of formal hearings pursuant to Section 120.57(1), Florida Statutes, when Respondent failed to sign and return settlement documents to Petitioner's counsel.

On December 17, 1996, a letter was received by the undersigned from Respondent requesting cancellation of the formal hearing “due to time constraints.” Respondent’s letter did not specifically state a withdrawal of the request for formal proceedings.

Consequently, on that same date, Respondent’s letter was deemed to be an untimely request for continuation of proceedings which failed to state good cause and denied by the undersigned.

At the final hearing, Petitioner presented the testimony of one witness and one exhibit. Respondent did not appear and no evidence was presented on his behalf.

No transcript of the final hearing has been provided by the parties.

FINDINGS OF FACT

1. Respondent is Ernesto C. Jaranilla, M.D., a licensed physician at all times pertinent to these proceedings, holding medical license number ME 0065787. Respondent's last known address is 633 Baker Street, Rochester Hills, Michigan 48307.

2. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Chapter 458, Florida Statutes.

3. The State of Michigan Department of Commerce, Board of Medicine, is the licensing authority for the State of Michigan.

4. On or about May 9, 1994, the State of Michigan Board of Medicine issued a final order requiring Respondent to pay a fine of

   $1,000.00 within 60 days, placed Respondent's license on probation and required him to complete 100 hours of approved continuing education credits.

5. As a result of the action of the Michigan Board of Medicine, Respondent is guilty of having action taken against his license to practice medicine by the licensing authority of the State of Michigan.

6. Respondent did not notify the Florida Board of Medicine within 30 days of the action taken by the State of Michigan against his license to practice medicine. Instead, Petitioner's personnel learned of Respondent's transgression by way of a report from the Federation of State Medical Boards dated April 19, 1996. The report indicated that the Michigan disciplinary action had been terminated by order dated January 26, 1996.

   CONCLUSIONS OF LAW

7. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter. Section 120.57(1), Florida Statutes.

8. Section 458.331(2), Florida Statutes, authorizes the Board of Medicine to take disciplinary action against the license of any physician found in violation of provisions of Section 458.331(1). Sanctions which the Board is authorize to impose include revocation

   or suspension of a license, restriction of the licensee's practice, imposition of an administrative fine not to exceed 5,000 dollars per count of the Administrative Complaint, issuance of a reprimand, issuance of a letter of concern, and placement of the offending physician's license on probation for a period of time subject to such conditions as the Board may desire.

9. Petitioner bears the burden of proof of the charges set forth in the Administrative Complaint in this case. Since a final determination of Respondent's culpability could result in the imposition of discipline with regard to Respondent's license, the proof that Respondent has committed those violations must be clear and convincing. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

10. The Administrative Complaint in this case alleges in Count One that Respondent has violated Section 458.331(1)(b), Florida Statutes, by having a license or authority to practice medicine revoked, suspended, or otherwise acted against by the licensing authority of any jurisdiction. Respondent is guilty of this offense.

11. In Count Two of the Administrative Complaint, Respondent is alleged to have violated Section 458.331(1)(kk), Florida Statutes, by failing to report to the Florida Board of Medicine in writing within 30 days of the action of the Michigan Board of Medicine that disciplinary action had been taken against his license to practice medicine in another jurisdiction. Respondent is guilty of this offense.

12. Petitioner has proven the allegations of the Administrative Complaint in this case by clear and convincing evidence.

    RECOMMENDATION

    Based on the foregoing, it is hereby

    RECOMMENDED that a Final Order be entered imposing discipline upon Respondent's license in this cases as follows:

    1. An administrative fine of $750 for each Count of the Administrative Complaint for a total of $1500.

    2. Suspension of Respondent's license to practice medicine in the State of Florida with such suspension to be terminated upon Respondent's payment of the administrative fine, and successful compliance with such other terms and conditions as may be prescribed by the Florida Board of Medicine, inclusive of Respondent's personal appearance before the Florida Board of medicine for presentment of proof of his reinstatement to practice medicine in the State of Michigan and to certify his completion of any Board prescribed course for practitioners who have failed to comply with reporting or other obligations to the Board.

DONE AND ENTERED this 8th day of January, 1997, in Tallahassee, Leon County, Florida.

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 8th day of January, 1997.

COPIES FURNISHED:

Kevin w. Crews, Esquire

Agency for Health Care Administration Post Office Box 14229

Tallahassee, FL 32317-4229

E. Jaranillia, M.D.

301 State Street

Harbor Beach, MI 48441

Marm Harris, Executive Director Agency for Health Care Administration 1940 North Monroe Street

Tallahassee, FL 32399-0770

Jerome Hoffman, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, FL 32309

Douglas M. Cook, Director

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, FL 32308

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 96-004873

Orders for Case No: 96-004873