STATE OF FLORIDA BOARD OF MEDICINE

DEPARTMENT OF HEALTH,

Petitioner,

AHCA CASE NO.: 94-10870

vs. DOAH CASE NO.: 98-0051

LICENSE NO.: ME 0023921

THOMAS R. UGARTE, M.D.,

Respondent.

/

FINAL ORDER

THIS CAUSE came before the Board of Medicine (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on February 5, 2000, in Jacksonville, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order, Recommended Order on Remand, and Petitioner's Motion To Increase Penalty (copies of which are attached hereto as Exhibits A, B, and C, respectively) in the above-styled cause. Petitioner was represented by Larry G. McPherson, Senior Attorney. Respondent was represented by Jonathan P. Lynn, Esquire.

Upon review of the Recommended Order, the argument of the parties, and after a review of the complete record in this case, the Board makes the following findings and conclusions.

FINDINGS OF FACT

1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

   
   

2. There is competent substantial evidence to support the findings of fact.

CONCLUSIONS OF LAW

1. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 458, Florida Statutes.

   
   

2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

3. There is competent substantial evidence to support the conclusions of law.

PENALTY

Upon a complete review of the record in this case, the Board determines that the penalty recommended by the Administrative Law Judge be REJECTED. Upon the Department's Motion To Increase Penalty, the Board determined that an additional penalty be imposed; specifically, the addition of the FMA medical records course appropriately addresses the violation of Section 458.331(1)(m), Florida Statutes, as found by the Administrative Law Judge. WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that

1. Respondent shall be and hereby is REPRIMANDED.

   
   

2. Respondent shall pay an administrative fine in the amount of $250. Said fine shall be paid within 30 days from the date this Final Order is filed.

   
   

3. Respondent shall complete the Florida Medical Association (FMA) medical records course within six months from the date this Final Order is filed.

This Final Order shall take effect upon being filed with the Clerk of the Department of Health.

DONE AND ORDERED this 15th day of February, 2000.

BOARD OF MEDICINE

Tanya Williams For GEORGES A. EL-BAHRI, M.D. CHAIRMAN

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE AGENCY FOR HEALTH CARE ADMINISTRATION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE

FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to Thomas

R. Ugarte, M.D., 900 West 49= Street, #300, Hialeah, Florida 33012-3486; to Jonathan P. Lynn, Esquire, 301 East Las Olas Boulevard, Suite 800, Fort Lauderdale, Florida 33301; to Claude

B. Arrington, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by interoffice delivery to Kathryn L. Kasprzak, Chief Medical Attorney, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5403, on or before 5:00 p.m., this 2nd day of March, 2000.

CONNIE SINGLETARY

Docket for Case No: 98-000051

Orders for Case No: 98-000051