CE EEE Received Event (Event Succeeded) Date: 10/25/00 Time: 2:29 PM Pages: 9 Sender: 850 414 1989 : Remora Si 208° 4343989 AHCA/LEGAL MEDICAL 85 414 1989 P.a4 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) 00 ) PETITIONER, ) ) v. ) CASE NO. 1998-09109 ) BRUCE R. DOOLEY, M_D., ) ) * RESPONDENT. ) AD s E COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Bruce R. Dooley, 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 provisions of Section 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. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0045210. Respondent’s last known address is Chelation Center of Naples, 975 Imperial Golf Course Blvd., Naples, Florida 34110. oot OOO EE EE VV Received Event (Event Succeeded) ee Date: 10/25/00 | : Time: 2:29 PM Pages: g 9 Sender: 850 414 1989 Remotg.GSHB: 2950 444-4989 : Al ; , SHCA LEGAL MEDICAL 856 414 1989 P.@5 - > 3. Respondent was initially licensed as a physician in the State of Florida on or about October 25, 1984. 4. Respondent is not board certified and practices in the area of Internal Medicine. 5. On or about March 16, 1998, the Respondent placed an advertisement in the Miami Herald announcing a “free seminar” on chelation therapy. 6. The Respondent’s advertisement stated that “Dr. Bruce Dooley, M.D., is certified in EDTA Chelation Therapy”. 7. Rule 64B8-11.001(2)(f), Florida Administrative Code, provides that no physician shall disseminate or cause the dissemination of any advertisement or advertising which is in any way false, deceptive, or misleading. The rule also states that any advertisement or advertising shall be deemed by the Board to be false, deceptive or misleading if it: states or implies that the physician has received formal recognition as a specialist in any aspect of the practice of medicine . unless the physician has in fact received such recognition and such recognizing agency is approved by the Board. However, a physician may use on letterhead or in advertising a reference to the physician’s specialty recognition received from a recognizing agency that has not been approved by the Board only if the letterhead or advertising also contains in the same print size or volume the statement that “The specialty recognition identified herein has been received from a private organization not affiliated with or recognized by the Florida Board of Medicine.” The rule then states that the Board approves the specialty boards of the American Board of Medical Specialties (ABMS) as recognizing agencies and sets forth seven (7) criteria that should be met in order for the Board to accept other such recognizing agencies. “ReceivedEvent(EventSuccesded) =«si“‘(‘iéero#wOOOOUOU#+~;}O.!”!~”!””~~C~«w eceived Event (Event Succeeded) Date: 0ps!00 Time. Pages: we. 2:29 PM ender: Femi nS 444-4989 850 414 1989 AHCR/LEGAL MEDICAL, 850 414 1989 P.@6 ° 8. Chelation therapy is not recognized as a specialty by a member board under the American Board of Medical Specialties nor otherwise approved with the Board of Medicine as a recognized specialty. , 9. Rule 64B8-11.001(2)(j), Florida Administrative Code, provides that any advertisement or advertising shall be deemed by the Board to be false, deceptive or misleading if it: includes reference to specialty certification without identifying the name of the specialty board that has awarded specialty certification. 10. Section 458.3312, Florida Statutes states that a physician licensed under this chapter may not hold himself or herself out as a board-certified specialist unless the physician has received formal recognition as a specialist from a specialty board of the American Board of Medical Specialties or other recognizing agency approved by the board. However, a physician may indicate the services offered and may state that his or her practice is limited to one or more types of services when this accurately reflects the scope of practice of the physician. COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if fully set forth herein this Count One. 12. Respondent is not properly board certified in EDTA chelation therapy because chelation therapy is not recognized as a specialty by a member board under the American Board of Medical Specialties or otherwise approved by the Board of Medicine as a recognized specialty. Respondent's advertisement is misleading, false or deceptive by implying board certification. ELE, EEE EE EEE EE Ee RE _ eeeen_—_E EEE EOE Received Event (Event Succeeded) Date: 10/25/00 Time: : Pages: 9 Sender: 300. ana rages 4 1989 BG SYR: apdt0 4343989 AHCA/LEGAL MEDICAL j ,° 858 414 1989 P.87 13. Based on the foregoing, the Respondent violated Section 458.331(1)(d), Florida: Statutes, by false, deceptive, or misleading advertising. COUNT TWO 14. Petitioner realleges and incorporates paragraphs one (!) through ten (10) and twelve (12), as if fully set forth herein this Count Two. 15. The Respondent violated Rule 64B8-11.001(2)(), Florida Administrative Code, in that his advertisement or advertising shall be deemed by the Board to be false, deceptive or misleading because it states or implies that the Respondent has received formal recognition as a specialist in an aspect of the practice of medicine, Chelation therapy, that is not recognized as a specialty by a member board under the American Board of Medical Specialties nor is it otherwise approved by the Board as a recognized specialty. The Respondent also violated Rule 64B8-11.001(2)§), Florida Administrative Code, by including a reference to specialty certification in the advertisement without identifying the name of the specialty board that has awarded the specialty certification. Respondent also violated Section 458.3312, Florida Statutes by holding himself out as a board-certified specialist when he did not receive formal recognition as a specialist from a specialty board of the American Board of Medical Specialties or other recognizing agency approved by the board. 16. Based on the foregoing, the Respondent violated Section 458.331(1)(x), Florida Statutes, by violating any provision of Chapter 458, Florida Statutes or a rule of the board. LL EE EE EEE LL, Received Event (Event Succeeded) Date: 10/25/00 Ti PI noes: ; ime: 2:29 PM P: : Sender: 850 414 1989 Remote CSIp: SO 434-4989 AH . 225-20 ; . AHCAYLEGAL MEDICAL 850 414 1989 P.a8 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(3), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this 27° K gay of bee per (the , 1999. Robert G. Brooks, M.D., Secretary jef Medical Attorney COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Chief Medical Attomey Agency for Health Care Administration P. O. Box 14229 Tallahassee, Flotida 32317-4229 DEPARTMENY OF HEALTH Florida Bar # 937819 dk . “ JET /kst CLERK ‘Wchi R-Eblesm PCP: December 17, 1999 _ja}ge)ag PCP Members: Slade, Winchester, Pardue DATE, Received Event (Event Succeeded) Date: 10/25/00 Time: 2:29 PM Pages: 9 Sender: 850 414 1989 _ Remotg GSD: 2o870 4143989 HCA/LEGAL MEDICAL 858 414 1989 Pao CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been aa — Cebhen furnished by U.S. Mail this _C3*~ day of 2000, to AS. Weekley, Jr, Esquire, Post Office Box 1288, Tampa Florida 33601-1288. s J Eric S. Scott, Esquire Ess/rtm TOTAL P.@9

Docket for Case No: 00-004383PL