aka Ww VU oe Pas STATE OF FLORIDA 4% DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION <3, p re BOARD OF VETERINARY MEDICINE BEng Oo 2 GE A, GS, PE DEPARTMENT OF BUSINESS AND Cp, fon PROFESSIONAL REGULATION, Cri, Oe Petitioner, OO -/ 3 J G . vs. CASE NO. 97-17830 DAVID MARK MURPHY, D.V.M., Respondent. ; / ADMINISTRATIVE COMPLAINT COMES NOW the Department of Business and Professional Regulation zhereinahier referred to as “Petitioner,” and files this Administrative Complaint before the BOARD OF — . VETERINARY MEDICINE against DAVID MARK MURPHY, D.V.M., hereinafter referred to as “Respondent, " and alleges: | - 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to Section 20.165, Florida Statutes; Chapter 455, Fi lorida Statutes: and Chapter — 474, Florida States. > _ Respondent is, and has been at all times material hereto, a doctor of veterinary ~ medicine i in the State of Florida, having been issued license number VM 0003636. : _ Respondent! 'S address 0 of record i is clo Lowery P Park ZaolgialG Garden, 7530 North Boulevard, Tampa, Florida 33604. ; 4. - On or F about July 8, 1997, Respondent admitted Dale, : a 2 six-year-old Marmoset monkey belonging to 1. LH, to Lowry Park Zootogical Garden, where Respr dent is the Staff Veterinarian, for diarrhea and vomiting. - soko td a eee Oana TES ibe al v Ww) 5. Respondent administered symptomatic/palliative therapy and discharged Dale on or about July 11, 1997. | 6. Respondent's records indicate that the evaluation of Dale was limited to radiography, urine specific gravity, fecal culture, cytology and intestinal parasite screens. 7. Onor about July 12, 1997, J.H. contacted Respondent to advise that Dale had relapsed after being discharged. | . 8. J.H. was in frequent contact with Respondent as to Dale’s lack of improvement until approximately July 22, 1997, when Respondent agreed to prescribe SMZ-TMP 200-40/5, a broad-spectrum antibiotic. 9. Dale’s condition failed to improve so J.H. presented him to Dr. McBride at the. Sumpter County Animal Hospital on or about July 28, 1997, and, at the recommendation of Dr. McBride, to the Veterinary Medical Teaching Hospital University of Florida on or about August 3, 1997, where Dale subsequently expired on or about August 5, 1997. COUNT I I , 10. Respondent! S medical records for Dale indicate that further diagnostics would be ; . preformed if the problem reoceured. eee” . Al, No. such diagnostics + were performed despite LH S s frequent contact with " Respondent regarding Dale’s relapse/lack of improvement following discharge. 12. Section 474.214(1)(0), Florida Statutes, states that fraud, deceit, negligence, incompetence, or misconduct in or related to the practice of veterinary medicine shall constitute grounds for which disciplinary actions may be taken. 13. Based upon the foregoing, Respondent i is in violation of Section 474.214(1)(0), Florida Statutes, ‘and is therefore subject to disciplinary actions. = . — t vente ++ wba. «atin il. 1. ns te tab Hd U —— . VU 5. Respondent administered symptomatic/palliative therapy and discharged Dale on or about July 11, 1997. | _ 6. Respondent’s recofds indicate that the evaluation of Dale was limited to radiography, urine specific gravity, fecal culture, cytology and intestinal parasite screens. 7. Onor about July 12, 1997, J.H. contacted Respondent to advise that Dale had relapsed after being discharged. 8. J.H. was in frequent contact with Respondent as to Dale’s lack of improvement , until approximately July 22, 1997, when Respondent agreed to prescribe SMZ-TMP 200-40/5, a broad-spectrum antibiotic. . 9. Dale’s condition failed to improve so J.H. presented him to Dr. McBride at the Sunipter County Animal Hospital 0 on or r about July 28, 1997, and, at the recommendation of Dr. MeBride, 4 to the Veterinary Medical Teaching Hospital University of Florida on or about August 3, 1997, where D e subsequently io or about August 5, “1997. “COUNTI I 10. Respondent’ s medical records for Dale indicate that further diagnostics would be preformed if the problem reoccur. 11. No- such diagnostics were performed despite J.H.’s frequent contact with ae Respondent regarding Dale’s relapse/lack of improvement following discharge. 12. Section 474, 214(1)(0), Florida Statutes, states that fraud, deceit, negligence, incompetence, or misconduct in or t related to the practice of veterinary n medicine shall constitute grounds for which seiplinary at actions may be t taken, 13. Based upon the foregoing, Respondent is in violation of Section 474.214(1)(0), Florida Statutes, and is therefore subject to disciplinary actions. 7 oo 4 fog above, as sif fully stated herein. re ) ‘COUNT pas 14. Petitioner realleges and incorporates the allegations contained in paragraphs 1-9 above, as if fully stated herein. 15. Respondent's medical records for Dale do not appear to be contemporaneously written. 16. Rule 61G18-18.002(3), Florida Administrative Code, states in part that medical . records shall be contemporaneously written and include the date of each service performed. 17. Section 474.214(1)(ee), Florida Statutes, states that failing to keep contemporancously written medical records as required by rule of the board shall constitute grounds for which disciplinary actions may be taken. 18. | Based upon the foregoing, Respondent is in violation of Section 474.214(1)(ee), Florida Statutes, to wit: Rule 61G18-18.002(3), Florida Administrative Code, and is therefore subject to disciplinary actions. . COUNT IL 19. Petitioner realleges and incorporates the allegations contained in paragraphs 1-9 -, 20. Respondent b billed J. H. for sedation and i reograpy b but it Respondent’ s . medical sction 474. o14(1)(m), Florida Statutes, states ‘that fraud i in the collection of fees agency © or T otganization paying ees tO practioneis s shall constitute grounds | or Ww ch silnary actions may be taken. 22. Based upon the foregoing, Respondent is in 1 violation of Section 474, 214(1)(m), Florida States 2 and i is s therefore subject to iseiptinary actions. wink li a ed a de il i ee _ Department o Business and Professional Regulation 2 / YW U _ COUNT IV 23. Petitioner realleges and incorporates the allegations contained in paragraphs 1-9 above, as if fully stated herein. 24. At no time material hereto did the Lowery Park Zoological Garden hold a valid premise e permit to provide veterinary services in the State of Florida. 25. Section 474.215(1), ° Florida Statutes, states in ‘part that any establishment, permanent or mobile, where a licensed veterinarian practices must have a premises permit issued by the Department. 26. Section 474.214(1)(w), Florida Statutes, states that practicing veterinary medicine at a location for which a valid premises permit has not been issued when required-under s. 474.215, shall constitute grounds for which disciplinary actions may be taken. 27. Based “upon the foregoing, Respondent i is in violation of Section 474.214(1)(w), Florida Statutes, andi is therefore subject to disciplinary actions. “WHEREFORE, Petitioner repel requests the Board of Veterinary Medicine for entry of an Order imposing one or more of ‘the following ‘penalties: revocation or suspension of _ Respondent! s Ticense, imposition sof probation, imposition of an administrative fine and/or any appropriate. “DEPUTY CLERK - 4 fp * Chief Attorney ieee sine, 2. VU Charles F. Tunnicliff Senior Attorney Florida Bar #0153831 Department of Business and Professional Regulation Northwood Centre 1940 N. Monroe St. Tallahassee, Florida 32399-0792 (850) 487-9629 CFT/mih A T9199 © PCP: KIJ/CL 8/27/99 © COUNSEL FOR DEPARTMENT: wiley

Docket for Case No: 00-001316