STATE OF FLORIDA LE os ~ DEPARTMENT OF HEALTH 70 te 1. D yy. Wb. Aggie. 24 DEPARTMENT OF HEALTH, ,. ) . eL. HE) » lig’ PETITIONER, ) a v. ) CASE NO. 2000-02130 ) ROLAND DAVID SHEPARD, M.D., ) ) a RESPONDENT. _—+) ee ADMINISTRAT, COMES NOW the Petitioner, Department of Health, hereinafter referred to as . “Petitioner” and files this Administrative Compiaint before the Board of Medicine against Roland David Shepard, 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 456, 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 Heaith 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 0054530. Respondent's last known address is 38135 Market Square, Zephyrhills, FL 33540. 3. Respondent is board certified in gastroenterology and internal medicine. 4. On or about January 12, 2000, Patient FR., a sixty-one (61) year old female, was scheduled to have a colonoscopy (a visual examination of the colon by endoscope) performed by a physician other than Respondent. 5. On or about January 12, 2000, Respondent mistakenly performed an esophagogastroduodenoscopy (EGD) on Patient FR., who was not Respondent's patient. An EGD is a procedure in which an endoscope is passed through the patient's mouth and permits:a visual examination of the ining of the esophagus, stomach and the upper duodenum. . . 6. Respondent did not evaluate Patient FR. before performing the EGD..- Therefore, Respondent did not obtain Patient FR.'s consent for the procedure. 7. Respondent did not document the specific dosages of the medication he used to sedate Patient FR. for the EGD. 8. Respondent did not document the fact that he mistook the identity of Patient FR. or his error in performing the EGD on Patient FR. 9. A reasonably prudent similar physician under similar conditions and circumstances would have evaluated Patient FR. before performing a procedure and realized that Patient FR. was not scheduled for an EGD, but in fact was scheduled for a colonoscopy by another physician. ) 10. A reasonably. prudent similar physician under similar conditions and — ' circumstances would have documented the specific dosages of medications used to sedate a Patient FR. for the EGD. 11. A reasonably prudent similar physician would have documented the mistake in performing an EGD on the wrong patient. COUNT ONE 12, Petitioner realleges and incorporates paragraphs one (1) through eleven (11), as if fully set forth herein this Count One. 13. Respondent failed to practice medicine within that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that Respondent did not evaluate Patient FR. prior to performing an EGD on her mistakenly; performed an EGD- on Patient FR. who was scheduled to undergo a colonoscopy by another physician and not an EGD by Respondent; or did not obtain consent from Patient FR. before performing an EGD on her. 14. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes, by gross or repeated malpractice or the failure to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. COUNT TW 15. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) and paragraph thirteen (13) as if fully set forth herein this Count Two. 16. Respondent failed to keep medical records that justify the course of treatment of the patient, in that Respondent did not document the specific dosages of medication used to sedate Patient F.R. and/or did not document his mistake in performing an EGD on Patient FR. 17. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes, by failing to keep legible, as defined by department rule in consultation ~ with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic. or. * treatment procedure and that justify the course of treatment of the patient, including,- but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. COUNT THREE 18. Petitioner realleges and incorporates paragraphs one (1) through eleven (11), paragraph thirteen (13), and paragraph sixteen (16), as if fully set forth herein this Count Three. 19. | Respondent performed professional services not duly authorized by the _patient by performing an EGD on Patient ER. without her consent. 20. Based on the foregoing, Respondent violated Section 458.331(1)(p), by performing professional services which have not been duly authorized by the patient or client, or his or her legal representative, except as provided in s. 743.064, 5y766. 108, be, Rp & “2 or s. 768.13. 4 ¢ , Oi, Py bs Ms % Me : “tifa " WHEREFORE, the Petitioner + respectfully requests the Board of Medicine enteen“ 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 elated to the investigation and prosecution of this case as provided for in Section 456.072(4), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this__7 "day ot D)atembe 2000. Robert G. Brooks, M.D., Secretary COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Neale nr oem Chief Medical Attorney . hve , Agency for Health Care Administration CLERK Michi Re Keno~ P.O. Box 14229 nave_ 11/2 [Zece Tallahassee, Florida 32317-4229 ; Florida Bar # 937819 CAL/cab PCP: November 3, 2000 PCP Members: Ashkar, Leon, Rodriguez

Docket for Case No: 00-004966PL