U VU STATE OF FLORIDA 4g DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT BOARD OF VETERINARY MEDICINE Myf. CPS DEPARTMENT OF BUSINESS AND . Vik, os PROFESSIONAL REGULATION, OS ize Petitioner, v. : Case No. 98-22787 JAMES A. YANCHUNIS, 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 JAMES A. YANCHUNIS ("Respondent"), and alleges: 1. 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 0003373, 3. Respondent's addresses of record are 33831 Raptor Road, Dade City, Florida, 33523 and P.O. Box 998, San Antonio, Florida 33576-0998. 4. The renewal notice for Respondent’s license indicated that his active license would expire on May 31, 1998. The cost of renewal was $525.00 after the expiration date. 5. Respondent failed to renew his active license before May 31, 1998. 6. After Respondent received notification on February 1 7, 1999, of a complaint against his license, he paid to renew his license. Respondent wrote a check to the Department for $525.00, ‘eight months after his license became delinquent. U VU 7. Respondent continued to practice veterinary medicine during the eight months his license was delinquent. 8. On or about April 7, 1998, Respondent performed a pre-purchase examination on a four-year-old gray Arabian mare named Selket Whisper at the request and in the presence of Barbara Charron (“Charron”). 9. During the course of the examination, radiographs were taken at Charron’s request. 10. | Respondent made no written record of the examination or of the results of the radiographs. 11. Charron purchased the horse based on Respondent’s verbal evaluation of his examination and the radiographs. 12. Subsequent to Respondent’s examination, the horse developed stumbling problems associated with a “club foot,” and Charron made numerous requests for the Respondent to provide a copy of the radiographs and the evaluation for review by a trainer. 13. Respondent never provided a copy of the radiographs or the evaluation. os COUNT I 14. Petitioner realleges and incorporates paragraphs one through thirteen as though fully set forth herein. 15. Based upon the foregoing, Respondent violated Section 474.214(1)(g), F.S., by practicing with a revoked, suspended, inactive, or delinquent license. COUNT I 16. Petitioner realleges and incorporates paragraphs one through thirteen as though fully set forth herein. 17. Rule 61G18-18.002(1), F.A.C., states in pertinent part that there must be an individual ‘medical record maintained on every patient examined or administered to by the veterinarian. The medical record shall contain all clinical information pertaining to the patient with sufficient WU VU information to justify the diagnosis or determination of health status and warrant any treatment recommended or administered. 18. Based upon the foregoing, Respondent violated Section 474.214(1)(f), F.S., by violating a tule of the board or department. COUNT JII | 19. Petitioner realleges and incorporates paragraphs one through thirteen as though fully set forth herein. 20. Rule 61G18-18.002(6), F.A.C., states in pertinent part that a veterinarian shall, upon syritten request, furnish in a timely manner without delays for legal reviews, a true and correct copy of all of the patient records to a client, or anyone designated by the chent. 21. Based upon the foregoing, by failing to provide records as requested, Respondent violated Section 474.214(1)(f), F.S., by violating 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,UUU per violation, issuance of a reprimand, placement of the Respondent on probation, assessment of vosis 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. Signed this) day of , 2000. 2 ye Fal Vp . David K. Minacci Lead Professions Attorney F | Department of Business and Professional Regulation DEPUTY CLERK LP: 0g 0 wo CLERK (M Tlichete jon vam COO Counsel for the Department: Laurie Beth Woodham Assistant General Counsel Florida Bar Number 0049549 Department of Business and Professional Regulation 1940:North Monroe Street Tallahassee, FL 32399-2202 LBW/mad Case #98-22787 PCP:

Docket for Case No: 00-004606PL