Uo | U | STATE OF FLORIDA mb bea DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . BOARD OF VETERINARY MEDICINE scp (5 Pit & Vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. CaseNos. 99-07359 ; 99-08035 MICHAEL A. PARKER, D.V.M., ‘ Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Board of Veterinary Medicine against MICHAEL A. PARKER ("Respondent"), and alleges: . ee 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. 2. At all times material hereto, Respondent was licensed in the State of Florida as a veterinarian, license number VM 0006637. 3. Respondent's address of record is 1540 Chaffee Rd., South, Jacksonville, Florida 32221. . 4, At all times material hereto, Respondent-was doing business as All Pets Veterinary Clinic ("All Pets"). | 5. On or about 24 August 1999, Respondent boarded.a black domestic longhaired cat, belonging to Lillian Lioutza. Cn U 6. Ms. Lioutza gave Respondent authorization to administer any treatment or perform any procedure deemed necessary to restore her cat to good health, along with an emergency telephone number at which to contact her. 7. At no time did Respondent contact Ms. Lioutza regarding any problems with the cat. 8. On or about 5 September 1999, Ms. Lioutza attempted to contact the clinic; however, no one answered the telephone. 9. On or about 5 September 1999, Ms. Lioutz went to All Pets and found it closed. . | 10. - On or about 5 September 1999, Ms. Lioutz called Respondent's home phone number but found it disconnected. 11. On or about 30 August 1999, the Jacksonville Sheriff's Office was contacted regarding a disturbance at All Pets. 12. Upon arrival, the police officers were met by Carol and Lewis Mennona who advised \ the police that their dog had been boarded at All Pets and that they were unable to retrieve their dog since the clinic was closed. ) . | 13. There was a note on the door stating that the business was closed. 14. Officers entered the facility and observed approximately ten.(10) cages with animals in them. 15. None of the animals in cages had water and only three animals had food. 16. A dead cat was observed inside a cage, later determined to be that of Ms. Lioutz. 17. Animal feces was observed on the floor throughout the kennel. 18. Several of the animals in the cages were laying in fecal matter. 19. Medications, hypodermic needles, and syringes were scattered throughout the kennel, including in the bathroom. 20. — The temperature inside the kennel was approximately 130 degrees. i 21. Several animals appeared to be in distress from the heat and lack of food and water. Ca U 22. Several dead animals were found in the refrigerators and freezers, including the Mennona's dog. 23. Respondent pled no contest to the charge of nuisance caused by animals and adjudication was withheld. 24, Respondent could not provide medical records regarding the boarded animals to the Department's investigators, as requested. COUNT I 25. Petitioner realleges and incorporates paragraphs one through twenty-four as though fully set forth herein. 26. Based upon the foregoing, Respondent violated Section 474.214(1)(0), Florida Statutes, by being convicted or found guilty, regardless of adjudication, or a crime in any jurisdiction which directly relates to the practice of veterinary medicine. COUNT II 27. Petitioner realleges and incorporates paragraphs one through twenty-four as though . fully set forth herein. 28. Based upon the foregoing, Respondent violated Section 474.214(1)(0), Florida Statutes, by committing fraud, deceit, negligence, incompetency, or misconduct, in or related to the practice of veterinary medicine. COUNT Ii 29. Petitioner realleges and incorporates paragraphs one through twenty-four as though fully set forth herein. . 30. Based upon the foregoing, Respondent violated Section 474.214(1)(r), Florida Statutes, by 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. UO. U COUNT IV | 31. Petitioner realleges and incorporates paragraphs one through twenty-four as though fully set.forth herein. 32. Based upon the foregoing, Respondent violated Section 474.214(1)(v), Florida Statutes, by failing to keep the equipment and premises of the business establishment in a clean and sanitary condition. COUNT V 33. Petitioner realleges and incorporates paragraphs one through twenty-four as though fully set forth herein. 34. Based upon the foregoing, Respondent violated Section 474.214(1)(nn) by failing to report change of address to the board within sixty(60) days thereof. ) COUNT VI 35. Petitioner realleges and incorporates paragraphs one through twenty-four as though fully set forth herein, . 36. Rule 61G18-18.005(1), Florida Administrative Code, states that every veterinarian or entity licensed pursuant to Chapter 474, Florida Statutes, who terminates practice or relocates practice and is no longer available to patients or clients, shall retain medical records pertaining to patients for at least a period of three (3) years after the date of last entry. 37. Based upon the foregoing, Respondent violated Section 474.214(1)(f), Florida Statues by violating any provision of this chapter or part 1 of chapter 455, a rule of the board or department. . COUNT VII 38. Petitioner realleges and incorporates paragraphs one through twenty-four as though fully set forth herein. Ca U 39. Rule 61G18-18.0015(2), Florida Administrative Code, states that no later than one month after the veterinarian or entity terminates practice or relocates practrice and is no longer available to patients or clients, the veterinarian or entity shall cause to be published in the newspaper of greatest general circulation in the county where the veterinarian or entity resided or practiced, a notice indicating to the owners of the patients of said veterinarian or entity that the medical records are available to the owners of the patients or their duly contstituted representative from a specific person at a specific location. 40. Based upon the foregoing, Respondent's failure to provide records after indicating All Pets was closed, Respondent violated Section 474.214(1)(f), Florida Statutes, by violating any provision of this chapter or part I of chapter 455, or a rule of the board or department. 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 association with the investigation, 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. con Signed this 30" day of_Dwac , 2000. Department of Business and Professional Regulation Su y¢ PO DEPUTY CLERK David K, Minacci Lead Professions Attorney DATE 7-\3-2000 U Counsel for the Department: Laurie Beth Woodham Assistant General Counsel Florida Bar Number 0049549 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-2202 LBW/tas Case #99-07359, 99-08035 PCP: (4 (Z0|00 | Jowis +Lew'S

Docket for Case No: 00-003857PL