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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs MICHAEL FELIX FRESHWATER, M.D., 00-001061 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001061 Visitors: 9
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: MICHAEL FELIX FRESHWATER, M.D.
Judges: CLAUDE B. ARRINGTON
Agency: Department of Health
Locations: Miami, Florida
Filed: Mar. 09, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 1, 2000.

Latest Update: Dec. 25, 2024
i Received Event (Event Succeeded) 3/9/00 . Time: 3:14 PM Date: . 7 Duration: 1m “8sec wnat. a Man! "S.2%@a 9 3:49PM PHA MEDICAL NO.811 -P.57 1 Nee STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, 66-/66/ CASE NO, 1997-00046 PETITIONER, v. MICHAEL FELIX FRESHWATER, M,D., ee eee ee ee RESPONDENT. AD STRA! COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to gs “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Michael Felix Freshwater, MD. hereinafter referred to as “Respondent, = and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 458, Flotide Statutes. Pursuant to the provisions of ‘Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prose services required by the Division of Medical | Quality Assurance, couneils, or r boards, as appropriate. 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0031502. Respondent’s last known address is 9380 SW 150th Street, Suite 190, Miami, Florida 33176. 3. Respondent is board certified in Plastic Surgery. Received Event (Event Succeeded) 3/9/00 Date: . . Pages: panna f 7 4 WAAR LA MAR. 9.2008 Js chi si Meta tence isReiSihas: Hantieiea ta apenas 4. Time: 3:14 PM Duration: 1m ~8sec na lun WW 3:19PM AHCA/MEDICAL NO. 811 P.6/7 poe ~ Sew” On or about March 6, 1996, Respondent applied for staff privileges at Miami Children’s Hospital. As a part of the application process, Respondent completed and signed a form titled “Application for Reappointment to the Medical Staff” (hereinafter, “Application”), 5, The Application contained the follawing questions, in pertinent part: Have your clinical privileges at any other hospital or health institute ever been voluntarily or involuntarily limited, suspended, revoked, not renewed, subjected to probationary conditions, or relinquished; or have challenges or proceedings toward any of those ends ever been instituted? ~ Has your Medical Staff membership or Medicat Staff statys at any hospital or “health care institution ever been voluntarily or involuntarily limited, suspended, -revoked, not renewed, subjected to probationary conditions (excluding.initial conditions routinely placed on all such privileges at the institution), or relinquished; or have proceedings toward any o those ends ever been instituted or recommended by a Hospital or Medical Staff Committee or officer or an institutional Governing Board? Respondent answered “no” to both of the above questions, 6. 7. The Application also contains the following affirmatién, in pertinent part: -In making application for reapppointment to the Medical Staff of Miami Children’s Hospital, I fully understand that any misstatements in or omissions from this application constitute cause for denial of appointment or cause for “summary dismissal from the Medical Staff of Miami Children’s Hogpital. All -information submitted by me in this application is tue to my knowledge and

Docket for Case No: 00-001061
Issue Date Proceedings
Sep. 01, 2000 Order Closing File issued. CASE CLOSED.
Aug. 31, 2000 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jun. 06, 2000 Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by September 1, 2000.)
Jun. 05, 2000 Motion for Abatement (Petitioner filed via facsimile) filed.
Jun. 01, 2000 Amended Notice of Hearing by Video Teleconference sent out. (hearing set for June 6, 2000; 9:00 a.m.; Miami and Tallahassee, FL, amended as to video, location, and time)
May 30, 2000 Order sent out. (petitioner shall provide respondent with a list of witnesses petitioner intends to call and exhibits petitioner intends to offer at hearing by May 31, 2000)
May 30, 2000 Respondent`s Objections to First Set of Admissions, Interrogatories and Request for Production of Documents filed.
May 24, 2000 Respondent`s Reply to Petitioner`s Motion for Issuance of Order of Prehearing Instructions (filed via facsimile).
May 19, 2000 Petitioner`s Motion to Shorten Time to Answer, and to Compel Answers to, Interrogatories, Response to Request for Production and Admissions or, in the Alternative, to Preclude Respondent`s Testimony filed.
May 16, 2000 (Petitioner) Motion for Issuance of Order of Prehearing Instructions (filed via facsimile).
May 15, 2000 Order Granting Petitioner`s Motion to Amend Administrative Complaint sent out.
May 12, 2000 Petitioner`s Motion to Amend Administrative Complaint (filed via facsimile).
May 10, 2000 Notice of Taking Deposition Duces Tecum (filed via facsimile).
Apr. 27, 2000 Petitioner`s First Set of Request for Admissions, Interrogatories, and Request for Production of Documents (filed via facsimile).
Apr. 27, 2000 Notice of Serving Petitioner`s First Request for Admissions, Interrogatories and Request for Production of Documents (filed via facsimile).
Mar. 27, 2000 Notice of Hearing sent out. (hearing set for June 6, 2000; 10:00 a.m.; Miami, FL)
Mar. 21, 2000 Joint Response to Initial Order (filed via facsimile).
Mar. 15, 2000 Initial Order issued.
Mar. 09, 2000 Notice of Appearance.
Mar. 09, 2000 Administrative Complaint filed.
Mar. 09, 2000 Election of Rights filed.
Mar. 09, 2000 Agency Referral Letter (filed via facsimile).
Source:  Florida - Division of Administrative Hearings

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