poe 6 Aen IRR Ale ae ot STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) . PETITIONER, ‘ OO -/ YW 7 v. : 5 CASE NO. 1998-00507 DAVID MARK HERSON, M.D. 5 RESPONDENT. 5 __) ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against David Mark Herson, M.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pirstlant t to Section 20. 43, “Florida Statutes: Chapter 4% 455, Florida Statutes, and Chapter 458, Florida 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 prosecutorial services required by the Division of . Medical Quality Assurance, councils, or boards, as appropriate. as 7 Respondent is is and has been at “all times material hereto : a ‘licensed physician in the state of Florida, Paving been issued | license ‘number ‘ME 0061297. Respondent’ s last known address is 6433 LeBarrett Cove, Memphis, Tennessee 38120. 3. “Resp ndent i is board-certified i in ‘anesthesiology. 4, On October 10, 1997, the Arkansas State Medical Board entered an Order and Notice of Hearing, notifying Respondent of a hearing to be held on December 5, 1997, concerning his medical. license in the state of Arkansas. The Order and Notice of Hearing alleged that Respondent dispensed scheduled medication to patients in Arkansas without being permitted by the Arkansas State Medical Board as a dispensing physician, in violation of Arkansas law. The Order and Notice of Hearing ‘alleged further that Respondent purchased and maintained controlled substances at his clinic in West Memphis, Arkansas, but failed to maintain an initial inventory of.the scheduled drugs or invoices reflecting purchases of the scheduled drugs, in violation of federal law. 5. Rather than to contest the proceedings in Arkansas, Respondent notified the Arkansas State Medical Board that he wished to surrender his Arkansas medical license. ‘On December 5, : 1997, the Arkansas State Medical Board voted to accept Respondent's s license. 6. By letter dated December 22, 1997, Respondent notified the Florida Board of ’ Medicine of the surrender of his Arkansas medical license. 7. Section 458.331(1)(b), Florida Statutes, provides that the Board of Medicine may impose discipline against : a licensed medical doctor based upon discipline in another state, and includes voluntary relinguishment of a license offered in response to or in anticipation of the ‘ling of pooner anil c against the physician’ $ license, 8. Respondent violated Section 458. 331(1)(b), Florida Statutes, by the voluntary relinguishment 0 of his medical license i in n Arkansas. The voluntary relinguishment was offered in response to the filing of administrative charges against Respondent’s license; specifically, the charges in the Arkansas State Medical Board’s Order and Notice of Hearing dated October 10, 1997. Cn) © WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent’s license, restriction of the Respondent's practice, iniposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 455.624(4), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this A2” ay of YH aed. , 2000. - ; Robert G. Brooks, M.D., Secretary __ thryn a Chief Medical Attorney COUNSEL FOR DEPARTMENT: a Kathryn L. Kasprzak Chief Medical Attorney’ OY Genk Agency for Health Care Administration Ripe P.O. Box 14229 CLERK Ueki R-Baon - Tallahassee, Florida 32317-4229 pATE 3-/ f- 2022 Florida Bar # 937819