STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, vs. Case No. 2000-07991 GOL LAWRENCE A. ROSS ; O Ic O Sl Respondent. / ADMINISTRATIVE COMPLAINT Department of Health, hereinafter referred to as “Petitioner,” files this ‘Administrative Complaint before the Board of Chiropractic Medicine against . LAWRENCE A. ROSS, 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 (formally 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 0005388. Respondent's last known address is 5514 Buchanan Drive, Ft. Pierce, FL 34982. Patient R.B. 3. On or about August 9, 1999 the legal representative of patient R.B. made a written request to the Respondent for patient records. In this letter, patient’s legal representative requested that Respondent forward copies of all reports and billing relative to patient R.B.’s treatments. 4. When no response was received from Respondent, the legal representative of patient R.B. sent additional requests for patient records on or about September 17, 1999 and April 20, 2000. 5. In spite of these requests, Respondent failed to provide copies of medical and billing records to patient R.B.’s legal representative. Respondent demanded a “letter of protection” before patient R.B.’s records would be released. Patient K.P. 6. On or about January 4, 2000 the legal representative of patient K.P. made a written request to Respondent for patient records. In this letter patient K.P.’s legal Tepresentative requested that Respondent forward copies of all reports and billing relative to patient K.P.’s treatments. 7. When no response was received from Respondent, the legal representative of patient K.P. sent an additional request for patient records on or about February 8, 2000. 8. In spite of the request, the Respondent failed to provide copies of medical and billing records to patient K.P.’s legal representative. Respondent demanded a “letter of protection” before patient K.P.’s records would be released. Patient A.H and V.H. 9. On or about January 15, 2000 the legal representative of patient A.H. and V.H. made a written request to Respondent for patient records. In this letter, patient A.H. and V.H.’s legal representative requested that Respondent forward copies of all reports and billing relative to patient A.H. and V.H.’s treatments. 10. When no response was received from Respondent, the patients’ legal representative sent an additional request for patient records on or about February 27, 2000. 11. In spite of the request, Respondent failed to provide copies of medical and billing records to patient A.H. and patient V.H.’s legal representative. Respondent demanded a “letter of protection” before patient A.H. and V.H.’s records would be released. COUNT I 12. Petitioner realleges and incorporates paragraphs one (1) through five (5) above. Based on the foregoing, Respondent’s license to practice chiropractic medicine in. the State of Florida is subject to discipline pursuant to: (a) Section 460.413(1)(i), Florida Statutes, by failing to perform any statutory or legal obligation placed upon a licensed chiropractic physician, to wit: Rule 64B2-17.005(1) Any person licensed pursuant to Chapter 460, Florida Statutes, is required to release copies of patient medical records upon request of the patient or his legal representative; (6) Section 456.057(4) by failing to comply with the requirements that any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. COUNT I 13. Petitioner realleges and incorporates paragraphs one (1), two (2), six (6), seven (7), and eight (8) above. Based on the foregoing, Respondent's license to practice chiropractic medicine in the State of Florida is subject to discipline pursuant to: {a) Section 460.413(1)(i), Florida Statutes, by failing to perform any statutory or legal obligation placed upon a licensed chiropractic physician, to wit: Rule 64B2-17.005(1) Any person licensed pursuant to Chapter 460, Florida Statutes, is required to release copies of patient medical records upon request of the patient or his legal representative; (b) Section 456.057(4) by failing to comply with the requirements that any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and ‘records relating to such examination or treatment, including X rays and insurance information. COUNT Hil 14, Petitioner realleges and incorporates paragraphs one (1), two (2), nine (9), ten (10) and eleven (11) above. Based on the foregoing, Respondent’s license to practice chiropractic medicine in the State of Florida is subject to discipline pursuant to: CiEPARTMENT OF HEALTH (a) Section 460.413(1)(i), Florida Statutes, by failing to perform any statutory or legal obligation placed upon a licensed chiropractic physician, to wit: Rule 64B2-17.005(1) Any person licensed pursuant to Chapter 460, Florida Statutes, is required to release copies of patient medical records upon request of the patient or his legal representative; (b) Section 456.057(4) by failing to comply with the requirements that any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. 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 and assessment of costs related to 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 this b {Arday of __{ aor bo~ , 2000. Robert G. Brooks, M.D. Secretary, Department of Health FILED BY: Nancy M. Snurkowski, Chief Attorney Agency for Health Care Administration Office of General Counsel-MQA Practitioner Regulation-Legal DEPUTY CLERK COUNSEL FOR PETITIONER: Michael P. Sasso, Senior Attorney“! p& 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) 410-0613 Case No. CH 2000-07991 (Ross) PCP: 9-1/9 -ay PCP Date: p- rman 2G busses

Docket for Case No: 01-000378PL