Hp STATE OF FLORIDA BOARD OF MEDICINE DEPARTMENT OF HEALTH Petitioner, “vs. OO 28re CASE NO.: 1999-55254 LICENSE NO.: ME0045316'23 3 y= ~~ Fane w “oO par © fom) cont THIS (CAUSE came before the Board of Medicine (Board) pursuant to BENJAMIN PAZ OCAMPO, M.D Respondent. ; as INAL ER wos pol 1ndau WaNO LLOVad Sections 120.569 and 120. 57(2), Florida Statutes, on February 2, 2001, in Tampa, Florida, for consideration of the Administrative Complaint (attached hereto as Exhibit A) in the above- ~styled cause. At the hearing, Petitioner was represented by Larry G. McPherson, Jr., Senior Prosecuting Attorney. Respondent was present and represented by G Thomas Bowden, II, Esquire. The facts are not in dispute. “Upon consideration, it is ORDERED: The allegations of fact set forth in the Administrative Complaint are approved and adopted and incorporated herein by ‘reference as the findings of fact by the Board. 2. The conclusions of law alleged and set forth in the Administrative Complaint are approved and adopted and incorporated f f j . / / 4a ‘t a / herein by reference as the conclusions of law by the Board. _ quarterly, 3. The violations set forth warrant disciplinary action by the Board. | THEREFORE, IT I HEREBY ORDERED AND ADJUDGED: 1. Respondent shall pay an administrative fine in the amount of $5000 to the Board. Said fine shall be paid within 90 days from the date this Final Order is filed. 2. Respondent shall pay the costs associated with this case in the amount of $513.41. Said costs shall be paid within 90 days from the: date this Final Order is filed. 3. Respondent shall be and hereby is REPRIMANDED. 4. Respondent shall be placed on probation for a period of three years subject to the following terms and conditions: a. Respondent shall comply with all state and federal statutes, rules and regulations pertaining to the practice of medicine, including Chapters 456, 458, 893, Florida Statutes, and Rule 6458, Florida Administrative Code. be Respondent shall appear before the. Probationer’s Committee at the first meeting after said probation commences, at the last meeting ittee “preceding termination of Probation, and at such other times requested by the committee. _Respondent shall be noticed by Board staft OF the date, time and ‘place of the “Board's Pro! ationer’ 8 “Committee whereat Respondent's appearance is require " “Failure of the Respondent to appear as requested or directed shall be considered a violation of the terms of probation, and shall subject the Respondent to disciplinary action. hi the c. In’‘the event the Respondent leaves the State of Florida for a period of thirty days or more or otherwise does not engage in the active practice of medicine in the State of Florida, then certain provisions of Respondent’s probation (and only those provisions of said probation) shall be tolled as enumerated below and shall remain in a tolled status until Respondent returns to active practice in the State of Florida. Respondent must keep current residence and business addresses on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said addresses. Furthermore, Respondent shall notify the Board within ten (10) days in the event that Respondent leaves the active practice of medicine in Florida. d. In the event that Respondent leaves the active practice of ‘medicine in this state for a period of thirty days or more, the. following provisions of probation shall be tolled: (1) The time period of probation shall be tolled. (2) The provisions regarding supervision, whether direct or : indirect by another ‘Physician. oS @) The provisions regarding preparation ¢ of investigative reports: detailing ‘compliance with this Stipulation. e. Respondent shall not practice except under the indirect supervision of a physician fully licensed under Chapter 458 to be approved by the Board's Probationer’ s Committee. Absent provision for and compliance with the terms regarding temporary approval of a monitoring physician set forth below, Respondent shall cease practice and not practice until the Probationer’s Committee approves a $ to ae eos, 6 pS iw ete te we STE LT monitoring physician. Respéndent shall have the monitoring physician present at the first probation appearance before the Probationer’s Committee. prior to approval of the monitoring physician by the committee, the Respondent shall provide to the monitoring physician a copy of the Administrative Complaint and Final Order filed in this case. A failure of the Respondent or the monitoring physician to appear at the scheduled probation meeting shall constitute a violation of the Board’s Final Order. Prior to the approval of the monitoring physician by the committee, Respondent shall submit to the committee a current curriculum vitae and description of the current practice of the proposed monitoring physician. Said materials shall be received in the Board office no later than fourteen days before the Respondent's first scheduled probation appearance. The attached definition of a monitoring physician is incorporated herein. The responsibilities of a monitoring physician shall include: (1) Submit quarterly reports, in affidavit form, which shall include: | A. Brief statement of why physician is on probation. B. Deseription of probationer’ s practice. Cc. Brief statement of probationer’ s compliance with terms of probation. D. Brief ‘description of ‘probationer’. 8 relationship with : monitoring physician. _&. Detail any problems which may have arisen with probationer. (2) Review 25 percent of all Respondent's patient records selected on a random basis at least once every month, In order to comply with this responsibility of random review, the monitoring physician shall go to Respondents office © once every month. At that time, the monitoring physician shall be responsible for making the xandom selection of the records to be reviewed by the monitoring physician. (3) Review 100 percent of all patient records patients for all Baker action in order to determine the appropriateness of the treatment and care. Said review.shall be addressed in each quarterly report. (4) Report to the Board ‘any violations by the probationer of Chapter 456 and 458, Florida Statutes, and the rules promulgated pursuant thereto. g. The Board shall confer authority on the Chairperson of the _ Board’s Probationer’s Committee to temporarily approve Respondent’ s supervisory/monitoring physician. In order to ‘obtain this temporary _ approval, Respondent shall submit to the Chairperson of the Probationer’ s Committee the name and curriculum vitae of the proposed supervising/monitoring physician. _ This information shall be furnished to the Chaizperson of the Probationer’s Committee by way of the Board ° of Medicine’s 5 ecutive “Director, within 48 hours after Respondent receives the Final Order in this matter. This information may be faxed to the Board of Medicine at (850) 488-9325, or may be sent by overnight mail to the Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-1753. In ‘order to provide time for ce re ne a ee Die naan ete ce don ened ba ee tet. ‘approved by Probationer s Committee. Respondent’s proposed supétvisory/monitoring physician to be approved or disapproved by the Chairperson of the Probationer’s Committee’, Respondent shall be allowed to practice medicine while approval is being sought, but only for a period ‘of five working days after Respondent receives the Final Order. If Respondent's supervising/monitoring physician has not been approved during that time frame, then Respondent shall cease practicing until such time as the supervising/monitoring physician is temporarily approved. In the event that the proposed monitoring/supervising physician is not approved,.then Respondent shall cease practicing immediately. .Should Respondent’s monitoring/supervising physician be approved, said approval shall only remain in effect until the next meeting of the probationer’ s Committee. Absent said approval, Respondent shall not ractice medicine until a monitorin sw exvisin my ician is approved, -h. In view of the need for ongoing and continuous monitoring or ; supervision, Respondent shall also submit ‘the curriculum vitae and . “fname of an alternate supervising/monitoring physician who shall be Such physician shall be licensed oe pursuant to ‘Chapter 458, Florida Statutes, “and shall have the same duties and responsibilities a as specified for Respondent’ s monitoring/supervising physician during those periods of time which! Respondent's monitoring/supervising physician is temporarily unable to provide supervision.’ Prior to practicing under the indirect supervision of the alternate monitoring physician o or the direct supervision of the alternate supervising physician, Respondent shall 80 advise the Board in writing. Respondent shall further advise the Board in writing of the period of time during which Respondent shall practice under the supervision of the alternate monitoring/supervising physician. Respondent shall not practice unless Respondent is under the supervision of either the approved supervising/monitoring physician or the approved alternate. i. Respondent shall submit quarterly reports in affidavit form, the contents of which shall be specified by the Board. The reports shall include: i . (1) Brief statement. of why physician is on probation. (2) Practice location. _ (3) Describe current practice (type and composition). (4) Brief statement of compliance with probationary terms. (5) Describe relationship with monitoring/supervising physician. (6) Advise Board of any problems. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. ee ee te ete ee ee a A ee . _ OTICE OF RIGHT TO JUDICTAL Ri LEW A PARTY WHO ‘Is NAL ORDER Is “ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION "120. 68, FLORIDA STATUTES. PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE AGENCY FOR HEALTH CARE ADMINISTRATION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER ‘TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to Benjamin P. Ocampo, M.D., 12954 Farmington Trail, Seminole, Florida 33776 5 to G. Thomas : “Bowden, II, Esquire, Law Office of Donald WwW. “Weidner, 11265 Alumni Way, Suite 201, Jacksonville, Florida 32246, and by interoffice delivery to Kathryn L. Kasprzak, Chief Medical Attorney, and Simone Maxetiller, |! Senior Attorney - Appeals, Agency for Health Care abaarhnbans as 1 Florida 32308- 5403, on a day ce meee 2001. Admini s t rati or ‘before 5:00 Pm, t is ce peo ie ee Ce a eS

Docket for Case No: 00-002896PL