SILED sod Seen frce STATE OF FLORIDA O1 JAN 12 PM 3:25 DEPARTMENT OF HEALTH _ BIVIS Git OF ADMINISTRATIVE HEARINGS DEPARTMENT OF HEALTH Petitioner, vs. Case No. 1999-61807 0 JAY MARTIN LIEBMAN Ol O1SIPL Respondent. \ ADMINISTRATIVE COMPLAINT Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Chiropractic Medicine against JAY MARTIN LIEBMAN, hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with regulating the practice of Chiropractic medicine pursuant to Section 20.43, Chapter 456 (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of Florida), and Chapter 460, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, 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. | 2. Respondent is, and has been at all time material hereto, a licensed Chiropractor in the State of Florida, having been issued license number CH 0005070. Respondent’s last known “address is 3732 N.E. 167 Street, North Miami Beach, FL 33160. Respondent’s license is currently in “Obligations, Active” status. 3. On July 8, 1999 a duly executed “Final Order Approving Settlement Stipulation” was filed with the Agency Clerk, Department of Health regarding case number 93-17203, conceming the Respondent. 4. Under the terms of the Stipulation, Respondent was ordered to: (a) pay a fine of $1,000 and costs of $1,000 in six equal monthly payments within six (6) months of entry of the Final Order accepting the ‘Stipulation (July 8, 1999); (b) successfully complete ‘five (5) hours of license renewal education in record keeping relating to the practice of chiropractic in the State of Florida within one (1) year of the filing of. the Board’s Final Order. (verification of successful completion and documentation course content shall be submitted to the Board office within thirty (30) days after completion of the continuing education course); (c) submit an affidavit to the Board indicating that he read the laws and rules governing the practice of chiropractic in the State of Florida, within thirty (30) days of entry of the Final Order accepting the Stipulation; and (d) adhere to and abide by all of the terms and conditions of the Stipulation. 5. The Final Order was placed in and became part of the Respondent's official records and was effective upon filing with the Clerk of the Department of Health on July 8, 1999. 6. According to Department of Health records, Respondent did not comply with the terms of the Final Order. ‘Specifically, Respondent did not: (a) pay a fine of $1,000 and costs of $1,000 in six equal monthly payments within six (6) months of entry of the Final Order accepting the Stipulation; (b) submit an affidavit within thirty (30) days of entry of the Final Order (August 8, 1999) stating that Respondent has read and understands the laws and rules governing the practice of chiropractic in the State of Florida; and (c) submit verifiable evidence of completing 5 hours in continuing education in record keeping. 8. Based on the foregoing, Respondent's license to practice Chiropractic medicine in the State of Florida is subject to discipline pursuant to Section 460.413(1)(v), Florida Statutes, by violating a lawful order of the board or department previously entered in a disciplinary hearing. WHEREFORE, Petitioner respectfully requests the Board of Chiropractic Medicine to enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, assessment of costs related to the investigation and prosecution of this case (including, but not limited to costs associated with attorney time), issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. | SIGNED thisltH day of ( Ah Xu ak , 2000. ¢ Robert G. Brooks, M.D. FILED Soesetary. f Héalth DEPARTMENT OF HEALTH ——( ( DEPUTY CLERK CLERK Veh ko Feton BY: Nancy M. Snurkowski, Chief Attorney g do. Agency for Health Care Administration oate__$/7/2eco Office of General Counsel-MQA ; Practitioner Regulation-Legal COUNSEL FOR PETITIONER: Michael P. Sasso, Senior Attorney “Yv 0. Fla. Bar No: 167363 Agency for Health Care Administration General Counsel-MQA Practitioner Regulation-Legal P.O. Box 14229 Tallahassee, Florida 32317-4229 ~ Telephone: (850) 487-9670 Case No. PO 1999-61807 (Liebman) PCP: Wolfmon « Vege | PCP Date: 7 )21 Jow

Docket for Case No: 01-000159PL