EEE IE III IIII006E OOO EE EV . ye DEPARTMENT OF HEALTH 00 m 20 PH 3: 37 | SiG Oe | DEPARTMENT OF HEALTH, ) aati a ; VE | PETITIONER, | vs. , CASE NO. 1999-63010 JULIO H. GONZALEZ-COLLAR, P.A., } : - RESPONDENT. . ee 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 Julio | H. Gonzalez-Collar, P.A., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine by physician assistants pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the. authority of Section 1 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. 2.0 Respondent is and has bééi “at all times material ‘hereto a licensed physician : assistant in the state of Florida, having been issued temporary license number PAT 9100803, on or about April 28, 1992. Respondent’s last known address is 8706 S.W. 103rd Avenue, Miami, Florida 33173. U iw) 3. On or about September 24, 1993, the State Attorney for Dade County filed an Information in Case Number 93-29799 in the Circuit Court of the Eleventh Judicial Circuit for Dade County charging Respondent with nine (9) counts of sexual battery upon a child under the age of sixteen (16), in violation of Section 800.04, Florida Statutes. | 4. On or about November 1, 1993, Respondent, entered into a Probation Plea Agreement with the State of Florida, in which he agreed to plead guilty to five (5) counts of lewd assault on a minor, in violation of Section 800.04, Florida Statutes. . 5. On or about November 1, 1993, Circuit Court Judge W. Thomas Spenser accepted “Respondents. plea and entered a Finding of Guilt and an Order Withholding Adjudication i in Circuit Court Case No. 93-29799. In a separate order entered by Judge Spenser on the same day, Respondent was placed on probation for ten (10) years, and the Probation Plea Agreement entered into between Respondent and the State of Florida was approved in its entirety. The conditions set forth in the Agreement were incorporated into the Order entered in Circuit Court for Dade County in Case No. 93-29799. 6. Pursuant to the Plea Agreement, Respondent was ordered to undergo psychotherapy under the direction of the South Florida Sexual Addictions and Disorders Treatment Center; to comply with the recommendations and requirements of treatment; to not reside in a residence with minor children without the express written consent of a psychotherapist; to engage in no unsupervised contact with minors unless explicit permission is is S granted by the psychotherapist; to maintain full-time employment or enrollment in classes; and to refrain from teaching minor children which would require he wear a uniform other than in his duties as a physician assistant. 7. One of the requirements for licensure as a physician assistant is that an applicant must have "satisfactorily passed a proficiency examination by an acceptable score established by UW VU the National Commission on Certification of Physician Assistants,” pursuant to Section 458.347(7), Florida Statutes. _ 8. On or about February 20, 1996, Respondent completed an Examination Application for Certification as a Physician Assistant. Paragraph 8 of the Application asks: “Regardless of adjudication have you ever been convicted of a violation of, or pled Nolo Contendere to any Federal, State, Local statute, regulation or ordinance, or entered into any plea, negotiated plea, bargain, or settlement relating to a misdemeanor or felony?” The applicant is asked to respond with either “YES” or “NO? and if “YES, please explain.” Respondent placed an X by “NO.” 9.” “Attached to Respondent’s Examination Application was an Affidavit of Applicant, which was signed by Respondent and notarized. The Affidavit stated: I have carefully read the questions in the foregoing application and have answered them completely, without reservations of any kind, and I declare under penalty of perjury that my answers and all statements made by me herein are true and correct. Should I furnish any false information in this application, I hereby agree that such act shall constitute cause for the denial, suspension or revocation of my license to practice as a physician assistant in the State of Florida. 10. — Following the 1999 Florida Legislative Session, the Board of Medicine sent a letter to all licensees under the jurisdiction of the Board notifying them of a new provision in Chapter 455, Florida Statutes, that applied to all health care practitioners, which read: s. 455. 624 — Grounds for discipline; penalties; enforcement.- (1) The following acts shall constitute grounds for which the e disciplinary actions specified in subsection (2) may be taken: (w) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this paragraph must be reported in writing to the board, or department if there is no board, on or before October 1, 1999. rw) U The letter concluded with instructions that if an ‘individual had not reported any such actions previously they must be submitted before October 1, 1999. 11. On or about October 1, 1999, Respondent advised the Florida Board of Medicine in writing of the result in Dade County Circuit Court Case Number 93-29799 to five (5) counts of lewd assault on’a minor. | COUNT ONE . 12. Petitioner realleges and incorporates paragraphs one (1) through eleven an, as if “Ely set forth herein this Count One. 13. Respondent attempted to obtain, obtained, or renewed a license to practice medicine by bribery, by fraudulent misrepresentations, or through an error of the department or the board in that Respondent failed to disclose to the Board at the time of his application for examination (a requirement for licensure) the fact that he had entered a guilty plea to five counts of lewd assault on a minor (felonies), in violation of Section 800.04, Florida Statutes. 14. Based on the foregoing, Respondent has violated Section 458.331(1)(a), Florida Statutes, by attempting to obtain, obtaining, or renewing a license to practice medicine by bribery, by fraudulent misrepresentations, or through an error of the department or the board. COUNT TWO 15. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) and thirteen (13), as if fully set forth herein this Count Two. 16. | Respondent was 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 | Ww UW practice of medicine or to the ability to practice medicine, in that Respondent entered a plea of nolo contendre to five counts of lewd assault on a minor (felony) in Dade County, Florida on November 1, 1993. 17. 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. : ib. 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, 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 Me. day of 2000. Robert G. Brooks, M.D., Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK oe Comb DATE 4 Ww COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration P. O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar #0937819 KLK/kmk : PCP: June 16, 2000. PCP Members: Ashkar, Zachariah, Rodriguez

Docket for Case No: 00-002957PL