: Feceiyeg. LEGAL STATEOF FLORIDA DEPARTMENTOFHEALTH —-- 9 NCV -3._ py 5. 7 DEPARTMENT OF HEALTH, iy ED PETITIONER, OT MAR 1 AM ig: 14 vs. "CASE ma aioe 6332 HEARINGS ROBERT S. BARUS, D.C. RESPONDENT. 0 \-0%34 pL / oo ADMINISTRATIVE COMPLAINT BUNUN OIRO COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Chiropractic against ROBERT S. BARUS, D.C., hereinafter referred to as “Respondent”, and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with the regulating the practice of chiropractic pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 460, Florida Statutes. Pursuant to the authority of Section 20.43 (3) (f), Florida Statutes, the Petitioner has contracted with the Agency of 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 chiropractic physician in the State of Florida, having been issued license number CH 0006105. Respondent's last known address is 936 Pitts Avenue, Panama City, Florida 32401. 3. Onor about October 24, 1994, Respondent was in an automobile accident. 4. From on or about October 26, 1994, through on or about Jariuary 31, 1995, the Respondent submitted bills for treatment of himself at his Chiropractic Office to at least one (1) insurance company. 5. The bills submitted by the Respondent indicate that the Respondent was treating himself. 6. The written patient medical records maintained by the Respondent for his own treatment do not justify the course of treatment for Respondent in that: a) the written patient medical records do not justify the extent, frequency, total amount or type of treatment rendered by Respondent; b) the written patient medical records do not contain sufficient documentation to justify orthopedic and neurological tests and numerical range of motion assessments; and c) the written patient medical records failed to include records from a referring physician to justify the treatment provided. 7. Based on the foregoing, the Respondent’s license to practice chiropractic in the State of Florida is subject to discipline pursuant to Section 460.413 (1)(m), Florida Statutes, for failing to keep written chiropractic records justifying the course of treatment of the patient, including, but, not limited to, patient histories, examination results, test results, x-rays, and diagnosis of a disease, condition, or injury. WHEREFORE, Petitioner respectfully requests the Board of Chiropractic 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, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. Q SIGNED this. DWhaay of _Ochvbac 1997. ze Tv a3 Bo Hf zo ro) Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: Meson W. Files gal Trainee Agency for Health Care Administration ; Post Office Box 14229 Tallahassee, Florida 32317-4229 Fi LED (904) 487-2225 DEPARTMENT OF HEALTH EPUTY CLERK : CLERK ‘ GWF/rvj , pate__/0.* 197 pep: DT | Rt pate: @\A\ a

Docket for Case No: 01-000843PL