» Bradley Joseph Broyles, M.D. 1614 North Michigan Avenue we ws STATE OF FLORIDA we a — ; : -: = “ AGENCY FOR HEALTH CARE ADMINISTRATION HEALTH CARE ADMINISTRATION JEB BUSH, GOVERNOR - " RUBEN J. nee . JR., DIRECTOR June 13, 2000 7 PERSONAL AND CONFIDENTIAL Leesburg, Florida 34748 Re: Case No. 2000-01462 Dear Dr. Broyles: Enclosed please find.an Administrative Complaint which has been filed against you by the Department of Health. Also enclosed is an election of rights form and an Explanation of rights form. . Please execute and return the Election of Rights form within 21 days from receipt of this letter. Your signature must be notarized. Failure to act within this 21-day period may result in the entry of a Default Judgement against your license or permit. Asa result of the finding of probable cause, this file became a “public record” under state oe law. ‘A few Jawyers i in private practice regularly request copies of administrative complaints : ~ i filed after a case becomes a “public record.” It is possible that you will receive a letter depicted : sas an “advertisement” from one or more of these lawyers seeking to represent you:”. These : persons have no association with the Department or-the Agency for Health-Care Administration . in any way. You may retain your own attorney or proceed with this matter in the way you 2727 MAHAN DRIVE TALLAHASSEE, FL 32308 Pad _ Enclosure ~ ame ee If you have any questions, please do not hesitate to contact me at (850) 414-8126, by fax at (850)414-1989, by TDD at 1-800-955-8771, or by mail at Office of the General* ‘Counsel, Medical Section, P. O. Box 14229, Tallahassee, FL 32317-4229. : Le ae Sees . coun Cee ee a ee eens ne ™ } i an ; : ut UN z a by Katheryn L. Kasprzak _ Chief Medical Attorney _ Agency for Health Care A Administration = ree a pene age ra cp ee ~ STATE OF FLORIDA : DEPARTMENT OF HEALTH | Aon KE INI Oe . | ME, ABN Nye DEPARTMENT OF HEALTH, ) | PETITIONER, } vs. ‘ CASE NO. 2000-01462 " BRADLEY JOSEPH BROYLES, MD. | 3 Tete mae ie O00 27¢ 7 ‘RESPONDENT. 3 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 Bradley Joseph Broyles, 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 pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 458, Florida Statutes. . Pursuant to the authority of Section 20.43(3), Florida _ Statutes, he Petitioner has contracted with the Agency f for Health Care Administration to provide | Quality. ranc - consumer complaint, investigative and prosecutorial services 5 required by the Division 1 of Medical ae ouncils, or 1 boards, as appropriate, “Respondent i is and has been at all times material hereto a licensed d physician i in the ‘state of Florida, having been issued license number ME 0071307. “Respondent's last known . address i is 1614 North Michigan Avenue, Leesburg, Florida. 3, Respondent specializes i in psychiatry but is not board-certified. _ 4. The ‘Physicians Recovery Network (hereinafter referred to as "PRN’) is: the impaired practitioners program for the Board of Medicine, pursuant to Section 455.707, Florida Statutes. PRN is an independent program that monitors the evaluation, c care e and treatment of impaired healthcare professionals. PRN oversees 5 random drug screens and provides for the exchange of information t between the treatment Providers, PRN and the ® Department for the protection of the public. oe oe i 5. ~ Raymond M. Pomm, M.D., a Board certified psychiatrist with added ; qualifications in addiction psychiatry, is s charged with responsibility for ‘the oversight and the monitoring of PRN contracts. 6. Respondent was referred to PRN for evaluation through the licensure process asa result of a history of chemical dependency. . 7. . Onorabout April 22, 1996, Respondent presented to Raymond A Johnson, M.D., an addiction medicine specialist, for evaluation. Dr. Johnson diagnosed Respondent as alcohol - dependent in remission and as experiencing generalized anxiety disorder and moods secondary to substance abuse in remission. Dr. Johnson opined that Respondent appeared to be in a relapse pattern although f he e may: not have relapsed ye a) One PRN meeting per week and at least three AA meetings per week; Dd) Regular random urine drug soreenings; : ~°¢) A sponsor; and >> ~ - oe da) Psychotherapy focusitig on addictions and family of origin issues. ~~ - . 9. ~ Onor about May 25, 1996, Respondent entered into a PRN monitoring contract. 10. The PRN contract t included agreement by Respondent that he would: a) submit to random urine, drug ¢ or 1 blood screens; “b) ‘abstain from any use of ‘drugs or alcohol; c) attend ~ Alcoholics or Narcotics Anonymous meetings two times a week; d) attend a 12-step program of 2 wo a, Se _ recovering professionals; e) notify PRN of the use of any drugs or alcohol; and f) withdraw from ' practice for evaluation at the ‘Tequest ¢ of PRN if any problem develops. The contract’ also “provided that if Respondent filed to comply with the contract, PRN may report his noncompliance to the Department. : ‘11. On or about September 12, 1996, the Board of Medicine granted Respondent's application for licensure by endorsement asa physician, with Respondent's license to be subj ect to a period of five (5) years of probationary terms and conditions, including the following: “a. "You shall not consume, , inject or ingest any controlled : substances unless prescribed or administered by another - : practitioner authorized to prescribe controlled substances; b. . You shall not consume alcohol; and c. You shall participate and comply with the Physician's Recovery Network and shall enter into and comply with an after-care contract with PRN. 12. On or about December 19, 1999, Respondent was arrested in Lake County, Florida for Driving Under the Influence, in violation of Section 322.62, Florida Statutes, and Possession of Marijuana, Less than 20 grams, in violation of 893.13, Florida Statutes. He was _ subsequently only charged with Driving Under the Influence. : Be ‘On or about December 21, 1999, Respondent contacted PRN and advised of his arrest. Bob Fountain, case ¥ worker ‘for PRN, instructed Respondent 6 0 withdraw from the: : practice = of medicine and i to contact Kenneth W. ‘Thompson, M. D., an addiction specialist and the Director ' - of the Florida Recovery Center; for evaluation. © 14. On OF, about January 6, 2000, ‘Respondent ¥ was evaluated by. Dr. Thompson. a daily basis since that time. Dr. Thompson concluded that Responident was alcohol dependent “and was in relapse. . e ae a oo . ween . . SO . 7 = 15. - Dr. Thompson reconimended that due to the severity of Respondent's relapse * ~ while under PRN monitoring, he should enter into a residential program for at least’one “month . ; before being re-evaluated. Dr. Thompson also recommended that Respondent "refrain from the practice of medicine.” . | 16. Ono or about 5 january 25, 2000, 1 Mr. Fountain telephoned Respondent who advised . him that bis fas insurance company Would not pay y for the residential ‘treatment. Mr. Fountain told Respondent that PRN could loan him $2, 500.00 through a loan fund to help pay for the ’ treatment. Respondent “aid not avail himself of that option. Mr. Fountain ‘then presented Respondent with the following options for residential treatment: : a Hanley Hazelton (Board approved chemical treatment - facility) in West Palm Beach, Florida; b. COPAC (Chemical dependency and psychiatric facility) in Brandon, Mississippi; and c. Palmetto Addiction Recovery Center in Rayville, Louisiana. However, Respondent did not pursue these options. 17. On or about January 31, 2000, Mr. Fountain again spoke with Respondent who advised that his license renewal period had just ended and that he would not be renewing the license. Mr. Fountain told Respondent that he would notify the A Agency of his unwillingness to : ei ‘comply with the recommendations. for residential “treatm ata and 1 Responde t stated that he _ understood. I ; ; “1B. On or about February 1, 2000, PRN sent Respondent a a letter advising | him that his ~ Case was being referred to the Agency: for appropriate action. based on his unwillingness to : comply with the terms. of his monitoring ‘contract due to his relapse begining i in November of 199 19. — On or about February 1, 2000, Dr. Pomm notified the Agency for Health Gare Administration that, Respondent was in | non-compliance with the requirements of PRN. Dr. Pomm, also advised that. PRN staff had offered Respondent options for treatment, ‘including assistance with a loan from the PRN loan fund to pay for treatment, but that he declined to ~ follow those tecommendations. Because of this above-mentioned history, Dr. Pomin considers Respondent to be an immediate risk to the health, safety and welfare of the public." oe 20. _On or about March 13, 2000, Respondent entered a plea of nolo contendere to the ; misdemeanor “charge of Driving Under the Influence, in “Violation of Section 322. 62, Florida _ Statutes, and was adjudicated guilty. He was sentenced to eight (8) months probation, a $565 .00 in fine, 50 hours of community service, DUI School and any treatment recommended, six (6) - month driver! Ss license revocation, and completion of the v victim awareness pro gram. _ COUNT ONE 21 “Petitioner realleges and incorporates Paragraphs one a) through twenty (20), as if flly set forth herein this Count One. ly with the after care provisions of his PRN contract, and his ¢ current untreated ve wpe pepe ono wo | Y oe we - on . . . : we oe . we beens neta ne &. ra reason of illness or use sof ‘alcohol, drugs, narcotics, chemicals, or any. “other type of material oras ® a result of any mental or physical condition. 24, Petitioner realleges and incorporates paragraphs 0 one 1 (1) through twenty e) and | | COUNT Two . ; “ ‘vent: ‘two 22), as if fully set forth herein this Count Two. - ! 25. Respondent failed to perform any statutory or legal obligation placed upon a “licensed se physician, in in that Respondent failed to follow the probationary terms of Respondent's licensure established by the Board of Medicine, in that Respondent failed to comply with all the terms of the PRN monitoring contract and failed to follow PRN's recommendation for residential treatment. 26. - Based on the foregoing, Respondent has violated Section 458.331(1)(g), Florida Statutes, by failing to perform any statutory or legal obligation placed upon a licensed physician. COUNT THREE . 27. Petitioner realleges and incorporates preraph« one ea) through twenty (20), Teen - ent -two 022), and ewenty-five (25), as if fly set forth} 1 28. _ Respondent was convicted or found guilty of or centering ‘a “plea of nolo ~~coritenidere to, regardless of adhdtcation, a crime in any jurisdiction: which directly Telates to the practice of medicine or, to. the ability to practice medicine, in that Respondent pled nolo ; "contendere to the misdemeanor ‘charge of Driving Under the. Influence, in 1 violation of Section . 322, 62, Florida Statutes. &. 29. Based on the foregoing, Respondent has violated Section 458.331(1)(c), Florida . Statutes, by being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine. 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, imposition of ¢ an administrative fine, i 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 132% tay of Lene , 2000. Robert G. Brooks, M.D., Secretary hief Medical | Attorney _-KathrynL.Kasprzak =». t<“ DEPARTMENT OF HEALTH P. O: Box 14229.” ~ seventeen FOAL ER ORS -4229° ee 8 —_, EPU PCP M mbers: Ashkar, Winchester, Pardue Ba. =

Docket for Case No: 00-002789PL

Issue Date	Proceedings
Jan. 23, 2001	Opinion (non-final agency action) filed.
Nov. 02, 2000	Letter to Judge C. Adams from C. Smith In re: subpoena duces tecum filed.
Nov. 02, 2000	Order Closing File issued. CASE CLOSED.
Nov. 01, 2000	Motion to Continue Hearing (filed by Petitioner via facsimile).
Oct. 31, 2000	Joint Prehearing Stipulation (filed via facsimile).
Oct. 31, 2000	(Petitioner) Motion in Limine (filed via facsimile).
Oct. 31, 2000	Unilateral Prehearing Statement (filed by Petitioner via facsimile).
Oct. 31, 2000	Petitioner`s Motion to Take Official Recognition (filed via facsimile).
Oct. 30, 2000	(Proposed) Prehearing Stipulation (filed by Respondent via facsimile).
Sep. 26, 2000	Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 3, 2000; 10:15 a.m.; Ocala, FL).
Sep. 20, 2000	Joint Motion to Continue Hearing (filed via facsimile).
Aug. 29, 2000	Order Granting Indigency issued.
Aug. 17, 2000	Appendix to Motion to Proceed as Indigent Party (filed via facsimile).
Aug. 17, 2000	Motion to Proceed as Indigent Party (signed) (filed via facsimile).
Aug. 17, 2000	Motion to Proceed as Indigent Party (unsigned) (filed by Respondent via facsimile).
Aug. 03, 2000	Order of Pre-hearing Instructions issued.
Aug. 02, 2000	Notice of Hearing issued. (hearing set for September 28, 2000; 10:15 a.m.; Ocala, FL)
Jul. 24, 2000	Joint Response to Initial Order (filed via facsimile)
Jul. 14, 2000	Initial Order issued.
Jul. 07, 2000	Explanation of Rights filed.
Jul. 07, 2000	Election of Rights filed.
Jul. 07, 2000	Administrative Complaint filed.
Jul. 07, 2000	Agency referral filed.