i ai le i a A I a i i A ws . wv) Lok Pens : . ns petite a i rile °° ST ATROF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND ' PROFESSIONAL REGULATION, Petitioner, O A) “2 45 5 vs. Case No. 99-04974 _ ALBERT BYAS, Respondent. : a ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (hereinafter "Petitioner"), files this Administrative Complaint before the Board of Veterinary Medicine against ALBERT BYAS, (hercinafier "Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of veterinary medicine, pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes. 22. pondent has at all times material hereto been licensed as a veterinarian the State of Florida. The Respondent’ s license number is VM 0006385. _ Th Respondent's addre of record is 625 ndall ‘Parkway, Callaway, Florida 32404 : . 4." On or about May, 16, 1999, Robert and Karen Kennedy took their dog, “Fred, ” to the Respondent. The ‘Patient “Fred” was suffering from a severe case of sadhana bloating, “The Kennedys told the Respondent that a month prior, ‘the dog had the same condition and that the dog had to be. treated twice in one night for the bloating, COWU~6 PH fx42 , Ve, wv. 5. The Respondent treated the patient by inserting an 18 gauge needle into the patient’s stomach thereby relieving pressure and decompressing the stomach. After this procedure . was complete, the Respondent left the patient alone unattended for approximately thrée hours. When the Respondent eventually returned to check on the patient, the patient had died. . 6. The medical records for “Fred” prepared by the Respondent provides no assessment of the patient. The Respondent failed to record monitoring of the patient post therapy, and the Respondent failed to indicate in the records that the patient died. 7. The patient’s bill indicates, that the patient was given an “antibiotic injection, anti-inflammatory (injection), and anesthesia,” yet the use of anesthesa is not ‘present in the medical records. COUNT ONE 8. Section 474. 4214)Gn), F Florida Statutes (1999) states stat fraud in the , collection of fees from ¢ consumers or any person, Sn, agency, or or organization paying fees to practitioners is sufficient ground £ for discipline. 9. Petitioner realleges and incorporates the allegations set forth in paragraphs : one through seven, as though fully set forth in this Count One. 10. Based on the foregoing, the Respondent has violated Section 474. 214(1)(m), Florida Statutes (1999), by billing for medical services that were not performed. COUNT TWO 11. Section 474.214(1)(0), Florida Statutes (1999) states that fraud, deceit, ‘~ negligence, incompetency, or misconduct, in or related to the practice of veterinary medicine is sufficient ground for discipline. 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven, as though fully set forth in this Count Two. 13. Based on the foregoing, the Respondent has violated Section 474.214(1)(0), Florida Statutes (1999). COUNT THREE 14, Section 474.214(1)(r), Florida Statutes (1 £55) states that being guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances is sufficient ground for discipline. 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven, as though fully set forth in this Count Three. 16. Based on the foregoing, the Respondent has violated Section 474.214(1)(n), Florida Statutes (1 99). | COUNT FOUR 17. Section 474. 214(1)¢y)(3), F lorida Statutes (1999) states that a veterinarian shall mainiain records which document patient v visits, diagnosis, treatment, and other relevant information required under this chapter. YW ~ 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one’~ through seven, as though fully set forth in this Count Four. 19. Based on the foregoing, the Respondent has violated Section 474.214(1)(y)(3), Florida Statutes (1999). WHEREFORE, Petitioner respectfully requests the Board of Veterinary Medicine enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, / imposition of an administrative fine not to exceed $5,000 per violation, issuance of a ‘reprimand, placement of the Respondent on probation, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized | to impose pursuant to Chapters 455, and/or 474, Florida Statutes, and/or the rules promulgated thereunder. Signed this 3 day of Depa General Counsel COUNSEL FOR DEPARTMENT: __ Peter Gioia _ F | [ E D ~ Department of Business and Depa DEPU - Professional Regulation Northwood Centre a. ; - WM Ache 1940 North Monroe Street cuz Drandm , Suite 60 a DATE 3 - lO- 2.000 Tallahassee, FL 32399-2202 : ; So, PGGiewe Ap: tbo Ati, ee Vine

Docket for Case No: 00-002355