Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: NEAL A. NIRENBERG, M.D.
Judges: CLAUDE B. ARRINGTON
Agency: Department of Health
Locations: Miami, Florida
Filed: Mar. 06, 2001
Status: Closed
Recommended Order on Wednesday, July 18, 2001.
Latest Update: Nov. 02, 2001
Summary: Physician not guilty of practicing below standard of care by prescribing drugs in excess quantities.
8 Final Order No. Dow-o1-1 TH-FOF MOA
FILED DATE - (4) t
Department of Health
By_ Kertharuic Daler /
STATE OF FLORIDA Deputy Agency Clerk
BOARD OF MEDICINE
DEPARTMENT OF HEALTH, bas Oo
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Petitioner, S “Th
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vs. DOH CASE NO.: 184 m
LICENSE NO.: ME0048877 —1
NEAL A. NIRENBERG, M.D., CA-Clos
Respondent .
— /
FINAL ORDER
THIS CAUSE came before the Board of Medicine (Board) pursuant to
Sections 120.569 and 120.57(1), Florida Statutes, on October 5, 2001,
in Miami, Florida, for the purpose of considering the Administrative
Law Judge’s Recommended Order (a copy of which is attached hereto as
Exhibit A) in the above-styled cause. Petitioner was represented by
Larry G. McPherson, Jr., Chief Attorney. Respondent was not present
but was represented by Marc P. Ganz, Esquire.
Upon review of the Recommended Order, the argument of the
parties, and after a review of the complete record in this case, the
Board makes the following findings and conclusions.
. NDING:
1. The findings of fact set forth in the Recommended Order are .
approved and adopted and incorporated herein by reference.
2. There is competent substantial evidence to support the
findings of fact.
CONCLUSIONS OF LAW
1. The Board has jurisdiction of this matter pursuant to Section
120.57(1), Florida Statutes, and Chapter 458, Florida Statutes.
2. The conclusions of law set forth in the Recommended Order are
approved and adopted and incorporated herein by reference.
3. There is competent substantial evidence to support the
conclusions of law.
DISPOSITION
Upon a complete review of the record in this case, the Board
determines that the disposition recommended by the Administrative Law
Judge be accepted. WHEREFORE,
IT IS HEREBY ORDERED AND ADJUDGED that the Administrative
Complaint filed in this cause is hereby DISMISSED.
This Final Order shall take effect upon being filed with the
Clerk of the Department of Health.
Zz 2
DONE AND ORDERED this Z day of , 2001.
BOARD OF MEDICINE
GASTON ACOSTA-RUA, M.D.
CHAIRMAN
OTICE OF RI TO JUDI REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO
JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW
PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE.
SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF
APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND
COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT
COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL
IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF
APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER
TO BE REVIEWED.
TIFICATE ERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
Final Order has been provided by U.S. Mail to Neal A. Nirenberg, M.D.,
9920 N. 117 Place, Scottsdale, Arizona 85259; to Marc P. Ganz,
Esquire, McGrane & Nosich, P.A., 2801 Ponce de Leon Boulevard, Twelfth
Floor, Coral Gables, Florida 33134; to Claude B. Arrington,
Administrative Law Judge, Division of Administrative Hearings, The
DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399- ,
3060; and by interoffice delivery to Nancy ‘M. Snurkowski, Chief
Medical Attorney, and Lisa Pease, Senior Attorney - Appeals, Agency
for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida
32308-5403, on or before 5:00 p.m., this SOB say of
, 2002. | , |
i
Docket for Case No: 01-000922PL
Issue Date |
Proceedings |
Nov. 02, 2001 |
Final Order filed.
|
Jul. 18, 2001 |
Recommended Order issued (hearing held May 14-15, 2001) CASE CLOSED.
|
Jul. 18, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Jul. 17, 2001 |
Letter to Judge Arrington from M. Ganz regarding exhibit 5; Exhibit 5 (filed via facsimile).
|
Jun. 15, 2001 |
Petitioner`s Proposed Recommended Order (with disk) filed.
|
Jun. 15, 2001 |
Respondent, Neal A. Nirenberg, M.D.`s Proposed Recommended Order filed.
|
May 23, 2001 |
2 Volumes (Transcript) filed. |
May 14, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
May 11, 2001 |
Respondent, Neal A. Nirenberg, M. D.`s Notice of Withdraw of Expert filed.
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May 04, 2001 |
Joint Prehearing Stipulation (filed via facsimile).
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May 03, 2001 |
Notice of Taking Deposition filed.
|
May 03, 2001 |
Notice of Taking Continuation Desposition Duces Tecum filed.
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Apr. 27, 2001 |
Respondent, Neal A. Nirenberg, M.D.`s Witness and Exhibit List filed.
|
Apr. 25, 2001 |
Letter to Judge Sartin from M. Ganz (requesting subpoenas duces tecum) filed.
|
Apr. 25, 2001 |
Amended Notice of Taking Deposition Duces Tecum filed.
|
Apr. 24, 2001 |
Respondent, Neal A. Nirenberg, M.D.`s Witness and Exhibits List (filed via facsimile).
|
Apr. 18, 2001 |
Notice of Serving Petitioner`s Response to First Set of Interrogatories (filed via facsimile).
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Apr. 12, 2001 |
Respondent`s Notice of Serving Supplemental Interrogatories to Petitioner; Interrogatories filed.
|
Apr. 12, 2001 |
Notice of Taking Deposition Duces Tecum filed via facsimile.
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Apr. 09, 2001 |
Response to Request for Production filed by Respondent.
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Apr. 06, 2001 |
Notice of Taking Deposition Duces Tecum filed by Respondent.
|
Apr. 06, 2001 |
Notice of Availability filed by Respondent.
|
Apr. 06, 2001 |
Petitioner`s Response to Request for Admissions (filed via facsimile).
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Mar. 30, 2001 |
Motion to Shorten Time to Respond to Discovery filed by Repondent.
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Mar. 29, 2001 |
Respondent`s Answers to First Set of Interrogatores filed.
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Mar. 29, 2001 |
Respondent`s Notice of Serving Interrogatories to Petitioner; Interrogtories filed.
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Mar. 29, 2001 |
Respondent`s Request for Admissions to Petitioner filed.
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Mar. 29, 2001 |
Request for Production filed by Respondent.
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Mar. 29, 2001 |
Respondent`s Response Request for Admissions filed.
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Mar. 26, 2001 |
Notice of Serving Petitioner`s First Request for Admissions, Interrogatories and Request for Production of Documents (filed via facsimile).
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Mar. 20, 2001 |
Notice of Appearance filed by Marc Ganz.
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Mar. 20, 2001 |
Order of Pre-hearing Instructions issued.
|
Mar. 20, 2001 |
Notice of Hearing issued (hearing set for May 14 and 15, 2001; 9:30 a.m.; Miami, FL).
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Mar. 19, 2001 |
Amended Joint Response to Initial Order (filed via facsimile).
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Mar. 12, 2001 |
Joint Response to Initial Order (filed via facsimile).
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Mar. 06, 2001 |
Initial Order issued.
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Mar. 06, 2001 |
Election of Rights (filed via facsimile).
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Mar. 06, 2001 |
Administrative Complaint (filed via facsimile).
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Mar. 06, 2001 |
Agency referral (filed via facsimile).
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Orders for Case No: 01-000922PL
Issue Date |
Document |
Summary |
Oct. 23, 2001 |
Agency Final Order
|
|
Jul. 18, 2001 |
Recommended Order
|
Physician not guilty of practicing below standard of care by prescribing drugs in excess quantities.
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